CHILD CARE LEAVE (CCL)
9.2.7
Child Care Leave (CCL) is granted to women employees for a maximum period of
two years (i.e., 730 days) during their entire service for taking care of their
minor children (up to eighteen years of age). There are several demands
relating to CCL which include converting the same into “family care” leave,
extending the facility to male parents and many representations stressing that
it should be extended at least to single male parents. Suggestions have also
been received that in cases where the child is differently abled, the clause
stipulating that the child should be minor should be done away with. Single
mothers have highlighted their unique problems and requested the Commission for
liberalizing the grant of CCL. Interestingly, representations have also been
made for discontinuance of the CCL, primarily on the grounds that it disrupts
office working and also because it promotes gender discrimination.
Analysis and Recommendations
9.2.8
When CCL was first introduced by the VI CPC it generated considerable interest
as it represented a positive measure benefiting women employees. It also took a
while to stabilize and it is seen that as many as five
amendments/clarifications were issued within a short period of time. As it
stands, it is meant for women employees “for taking care of up to two children whether
for rearing the children or looking after their needs like examination,
sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It
may not, however, be granted in more than three spells in a calendar year.
9.2.9
In the first two years of its implementation the experience was that women
employees tended to treat this as Casual Leave or an extension of the same, and
the resultant frequent absences caused disruptions at work. To address this, in
September 2010, a clarification was issued stipulating that CCL may not be
granted in more than three spells in a calendar year and also that it may not
be granted for less than 15 days at a time (View Order). However, the latter stipulation was
subsequently withdrawn and as per the latest clarification issued on 5 June,
2014 the government has decided to remove the requirement of minimum period of
15 days CCL (View Order). It has been brought to the notice of the Commission that the
capping of maximum three spells in a calendar year has, to some extent,
addressed the problems relating to disruption of work. Notwithstanding that, in
the course of discussions with various stakeholders, the sense that has come
across is that what was introduced as a welfare measure to help employees in
times of need is seen as a benefit that has to be availed simply because it
exists. There is, therefore, a palpable need to bring in some inhibiting
feature so as to ensure that only genuinely affected employees avail of this
scheme. Towards this end the Commission recommends that CCL should be granted at
100 percent of the salary for the first 365 days, but at 80 percent of the
salary for the next 365 days. In making this recommendation the Commission has
also kept in mind the fact the concept of a paid (whether 100% or 80%) leave
solely for child care for a period of two years, is a liberal measure unmatched
anywhere else.
9.2.10
The Commission notes that in the event a male employee is single, the onus of
rearing and nurturing the children falls squarely on his shoulders. Hence extension
of CCL to single male parents is recommended. Moreover, the Commission
recognizes the additional responsibility on the shoulders of employees who are
single mothers. Accordingly, it is recommended that for such employees, the
conditionality of three spells in a calendar year should be relaxed to six
spells in a calendar year.
Highlights of the CCL Report
- No change in maximum period of CCL i.e. 730 days.
- For First 365 days, CCL should be granted at 100% of salary.
- For next 365 days, CCL should be granted at 80% of salary.
- Extension of CCL to single male parents is recommended.
- Condition of three spell in a calendar year should be relaxed 6 spell for single mothers.
