Can a Female Probationary Employee Take Child Care Leave? Let's Discuss Your Experiences

Whether a female probationary employee can avail of child care leave.

Dear member, you have not mentioned in which establishment you are working. Is the establishment part of the Central Government, State Government, or a Public Sector Unit? Different leave rules apply to employees depending on the principal employer or type of government. I believe child care leave is applicable under the rules adopted by the Central Government. Therefore, it would be better if you examine the issue in consultation with the leave rules applicable in the establishment where you are working.

In the Maternity Benefit Act, 1961 (which applies to private establishments, or by default in other establishments where the ESI Act, 1948, etc., is not applicable), there is no provision for child care leave.

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.

This is PSU, but the childcare leave applicable to the government sector is also followed here in toto.

Understanding Child Care Leave for Probationary Employees

If the PSU is a central government unit, you can find relevant information on the website of DOPT. According to a DOPT circular dated 7/9/2010, the following instructions were issued: "CCL should not ordinarily be granted during the probation period except in cases of certain extreme situations where the leave sanctioning authority is fully satisfied about the need for Child Care Leave for the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal."

The online link for the above instructions is: http://ccis.nic.in/WriteReadData/Cir...stt.-Leave.pdf

For various circulars on leaves issued by DOPT, please see the following online link: http://ccis.nic.in/CP_Circular_Repor...e=4&ArchCode=2

From the above website of DOPT, you can check whether there have been any amendments to the above instructions. In case the PSU is a State Government unit, you can check the instructions on this point, if any, issued by the said State Government or department.

With best wishes;

Understanding Probation Periods and Leave Policies

Probation is a critical phase in the service of a new employee in any organization. It evaluates not only performance but also other aspects like regularity of attendance and cordiality of relationships with other staff members. As others have observed, the probation period in government departments is typically longer. Consequently, taking certain types of leave, such as earned leave or medical leave for 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 occurs.

In industrial employment, the probation period usually ranges between three to six months at most. Therefore, taking extraordinary leave of the kind you mentioned, even if it exists in the leave rules of the organization, is subject to the discretion of the employer. It is understandable if the employer questions why the lady does not prioritize her maternal responsibilities over starting a new job as a probationer, especially considering the short probation period that was made known to her in the offer itself.

Regards,
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It appears 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 provide additional and useful suggestions.

Compassionate Employment and Child Care Leave Query

The query is related to a female employee who received compassionate employment following her husband's death. He was a serving executive in Coal India Limited, a PSU under the Ministry of Coal. She delivered a baby girl shortly after her husband's passing and is finding it challenging to manage her job while taking care of her six-month-old child. She is currently on probation for six months and was appointed as a trainee Clerk. The trainee status is for one year, ending on 31.08.2017. Therefore, she wants to avail of Child Care Leave (CCL) because maternity leave may not be applicable to her.

In view of the facts mentioned above, it would be better if the probationary female employee in question discusses the matter with the management or the concerned branch head of the CPSU. Is there any clause or condition regarding the eligibility or non-eligibility of CCL in the appointment letter on compassionate grounds? If the CPSU decides to reject the CCL, what would be the grounds for such a decision?

Since this is a matter of compassionate appointment, in my opinion, it would be appropriate to also adhere to the instructions and rules based on which such compassionate appointment was granted.

Thank you.

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 has the full right to take care of her child irrespective of her status as an employee.