Umakanthan53
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
[email protected]
Retired Government Servant/advocate
Hotgautam
Hr Manager

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whether a probationer female employee can avail child care leave.
From India, Pune
1. Dear member, you have not mentioned in which establishment you are working. Whether the establishment is of Central Govt, or State Govt. or a Public Sector Unit ? There are different leave rules applicable in respect of employees depending upon the principal employer/type of government. I think, child care leave is applicable in the rules as adopted by the Central Govt. Therefore, it will be more better if you may examine the issue in consultation with the leave rules as applicable in the establishment in which you are working.
2. I think, in the Maternity Benefit Act, 1961 (which is applicable in private establishments, or in default in other establishment where ESI Act, Act, 1948 etc.is not applicable etc.), there is no provision for child care leave.

From India, Noida
The facility of Child care leave is available only for Government servants. Please inform whether you are in Government service, and if so post all the relevant information.
From India, Kochi
This is PSU but the child care leave as applicable to Govt sector is also followed here in toto.
From India, Pune
1. Sir, I understand that if the PSU is a central government unit, then you can search out the matter from the website of DOPT. So far as I understand, DOPT in one of their circular dated 7/9/2010 had issued the instructions as follows:
"CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal."
Online link of the above instructions is:
http://ccis.nic.in/WriteReadData/Cir...stt.-Leave.pdf
For various circulars on leaves issued by DOPT please see following online link:
Circular Portal
2. From the above website of DOPT, you can search out whether there is any amendment to above instructions or not. In case the PUC is a State Govt. unit, you can see the instructions on this point, if any, issued by the said State Govt or department.
With best wishes;

From India, Noida
Dear Hotgautam,

Notwithstanding the type of establishment, probation is a critical phase in the service of the new employee in the organization evaluating not only performance , but also other aspects like regularity of attendance, cordiality of relationship with other members of staff etc. Like others observed, probation period in Govt departments is a bit longer and as such availing of certain kinds of leave like earned leave, medical leave etc due to unavoidable personal reasons will proportionately extend the probation period subject to the limit of the overall span within which the actual or deemed declaration of completion of probation. But in Industrial employment, probation period normally ranges between three to six months at the maximum. Hence, the availing of the extraordinary leave of the kind you mentioned even in case of its existence in the leave rules of the organization is subject to the discretion of the employer.One can not find fault with the employer if he contends why not the lady give preference to her maternal responsibility to taking up the new job as a probationer in view of the short period of probation made known to her in the offer itself.

From India, Salem
It appear that the queriest is unwilling to post or share the material facts related to the alleged problem. Please post them so that we can try to post additional and useful suggestions.
From India, Kochi
The query is related to a female employee who has been given compassionate employment on her husband death, who was a serving executive in Coal India Limited, a PSU under Ministry of Coal. She delivered a baby girl just after her husband death and she is finding tough managing her job as well as taking care of her child which is six month old now. She is in probation for six month and appointed as a trainee Clerk. The trainee status is for one year which will end on 31.08.2017. Hence she wants to avail CCL because maternity leave may not be applicable to her.
From India, Pune
1.Dear member, in view of facts mentioned by you as above, it will be more better if the said probationer female employee may discuss the matter with the management/concerned branch head of the said CPSU. Whether in the letter of appointment on compassionate ground, there is any clause / condition about eligibility or non-eligibility of CCL ? If the said CPSU decides to reject the CCL, then on what grounds ?
2. Since it is a matter of compassionate appointment, in my opinion, it may be appropriate to follow also the instructions/rules on the basis of which such compassionate appointment was made.

From India, Noida
Nothing is mentioned in her appointment letter about leave except that she will be guided by standing orders. Provision of CCL has recently been provided. In my opinion, a mother have full right to take care of her child irrespective of her status as an employee.
From India, Pune
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