CHILD CARE LEAVE- ORDER FROM DOPT
GOVERNMENT OF INDIA
Ministry of Personnel, P.G. and Pensions
(Department of Personnel and Training)
New Delhi, dated the 3rd March, 2010
Subject: Implernentation of Government’s decision on the recommendations of the Sixth Central Pay Commission-Child Care Leave Waiving of age restriction of 18 years for Government servant having mentally challenged/disabled children…
The undersigned is directed to refer to DOP&T OM No.13018/2/2008-Estt.(L), dated 11.9.2008 on the subject mentioned above and to say that this Department has been receiving various references regarding waiving of the age restriction of 18 years in respect of disabled/mentally challenged children for grant of Child Care Leave to women employees. The matter has been considered in consultation with Ministry of Finance and it has been decided to permit Child Care Leave to women employees with disabled children upto the age of 22 years for a maximum period of 2 years (i.e 730 days) subject to the other conditions stipulated by the Government in this regard from time to time. However, it is stressed that CCL cannot be demanded as a matter of right and under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority. Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice and Empowerment Notification 16-18/97-NI.I, dated 1.6.2001 (copy enclosed). Documents relating to the handicap as specified in the Notification, as well as a certificate from the Government Servant regarding dependency of the child on the Govt. servant would have to be submitted by the employee. The Child Care Leave would be permitted only if the child is dependent on the Government servant.
2. Hindi version will follow.
EXTRACTS OF THE NOTIFICATION MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT NOTIFICATION
New Delhi, the 1st June 2001
Subject:- Guidelines for evaluation of various disabilities and procedure for certification.
No.16-18/97-N1.I In order to review the guidelines for of evaluation of various disabilities and procedure for certification as given in the Ministry of Welfare’s O.M.No.4-2/83-HW.III, dated the 6th August, 1986 and to recommend appropriate modifications/alterations keeping in view the Persons with Disabilities (Equal Opportunities, Protection of Rights Full Participation) Act, 1995, Government of India in Ministry of Social Justice and Empowerment, vide Order No.16-18/97-NI.I, dated 28.8.98, set up four committees under the Chairmanship of Director General of Health Services one each in the area of mental retardation, Loccmotor/Orthopaedic disability, Visual disability and Speech & Hearing disability.
Subsequently, another Committee was also constituted on 21.7.1999 for evaluation, assessment of multiple disabilities and categorizatioll and extent of disability and procedure for certification.
2. After having considered the reports of these committees the undersigned is directed to convey the approval of the President to notify the guidelincs for evaluation of following disabilities and procedure for certification:-
Copy of the Report is enclosed herewith as Amnexmxe *
3. The minimum degree of disability should be 40% in ordrr to be eligible for any concessions/benefits.
4. According to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules,1996 notified by the Central Government in exercise of the powers conferred by sub section (I) and (2) of section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (l of 1996), authorities to give disability Certificate will be a Medical Board duly constituted by the central and the State Government.
The State government may constitute a Medical Board consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing locornotor/Visual including low vision/ hearing and speech disability, mental retardation and leprosy cured, as the case may be.
5. Specified test as indicated in Annexure * should he conducted by the medical board and recorded before a certificate is given.
6. The certificate would be valid for a period of five years for those whose disability is temporary and are below the age 18 years. For those who acquire permanent disability, the validity can be shown as ‘Permanent’.
7. The State Govts./UT Admn. may constitute the medical boards indicated in para 4 above immediately, if not done so far.
8. The Director General of Health Services, Ministry of Health and Family Welfare will be the find authority, should there arise any controversy/doubt regarding the interpretation of the definitions/classifications/evaluations tests etc.