7th Pay Commission’s report on Child Care Leave
Child Care Leave (CCL) is granted to women employees for a maximum period of 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 liberalising 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.
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 stabilise 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.
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. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. 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.
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 365 Index recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.
TVK says
The facility of CCL is being grossly misused presently and is taken just because it exists. It increases the work load on people attending the office, severely affecting the functioning of the office.
CCL, since given, may be either on 50% of the gross salary or on 100% salary to employees who have exhausted all other leave (CL, EL, HPL, ETC) to their credit.
Deepshikha says
Pls give me details abt child care leaves amendment rules under factory act
TS Doss says
Respected Comrade,
The following points are prepared to include in the discussion and preparation of the memorandum, to be submitted to Government of India, seeking improvements in the VII CPC report.
Common multiplication factor for pay fixation should be 3.93
.
Basic + Grade Pay = 1.00
DP @ 50% = 0.50
DP @ 50% = 0.75
DA @ 25% = 0.56
Fitment weightage 40% = 1.12
Total = 3.93
For the PB-1, PB-2 and PB-3, the multiplication factor should not be less than 3.93 times so as to meet the reasonable minimum pay as per 15th ILC resolutions.
Determination of minimum pay has been done with 3 units of family members (Self – 1.0, spouse – 0.8 and for 2 children – 0.6 per head). Whereas, as per the NORMAL INDIAN HUMANBEING TRADITION, parents cannot be spared from family members’ strength. Hence, the unit factor to determine the minimum pay should be revised from 3 to 4.6 as parents constitutes 0.8 units per head. As per this unit factor 4.6, the minimum pay arrived at Rs.26,150/- and it can be rounded off to Rs.26,000/-.
The rate of annual income should be fixed at 5%.
The rate of HRA to be determined in view of current real estate trends. A family consisting 6 members need minimum 2 BHK house and this accommodation will cost at least Rs.12,000/- rental amount per month even at far distance from workplace in any metro city. Hence, keeping this justification and prevailing real estate trends, the rate of HRA should get fixed at 50%, 40% and 30% in X, Y & Z class city/town respectively. However, this amount should be linked to prevailing DA rate to get inflation proof.
All other allowances should be enhanced with 3.93 times to commensurate with inflation rate.
Most of the pay and allowances are being taken away in the name of income tax, sales tax, service tax and numerous varieties of the tax. Also, the allowances are being paid in proportionate to the prevailing price hike. Hence, all the allowances should be exempted from the income tax calculation.
Children Education Allowance should be paid on monthly basis through regular monthly salary on production of study certificate from the educational institution.
The 7th CPC has recommended abolishing all interest free advances including Medical Advance and LTC advance. All interest free advances in general and Medical / LTC advances in particular should get retained.
The newly proposed CGEGIS insurance coverage amount is adequate but the monthly premium amount is very high compared to opportunities kept open for public in nationalized / private insurance companies. In the event of more than 30 Lakhs employees covered under single term insurance policy in any insurance company, the monthly premium amount would be around 0.01% to 0.02% of sum assured depending upon the age group. The age group of employees range between 20 to 60 years and the average age can be considered as 40 years for CGEGIS. Hence, the premium amount for 40 years aged person will not exceed 0.015% of sum assured. Based on these facts, the premium amount for CGEGIS can be fixed as,
Level of Employee Monthly Deduction Insurance Amount
10 & above Rs.750/- Rs.50,00,000/-
6 to 9 Rs.375/- Rs.25,00,000/-
1 to 5 Rs.225/- Rs.15,00,000/-
Over Time Allowance should be paid at the rate of double payment on hourly basis without any ceiling on basic pay for eligible for OTA.
Recommendation to reduction in pay during 2nd year CCL should be condoned.
NPS should be scraped and all contributors to NPS should be shifted to GPF scheme.
There are about 8,50,000 vacancies exists in most of the ministries/departments in Govt. of India. Also, about 8,00,000 employees are in queue to get retirement on superannuation during next 10 years period. The existing vacancies should be filled immediately on emergency basis and necessary actions to be accelerated to refill the anticipated vacancies from the year 2016 onwards.
Bonus amount payable to employees on yearly basis is a hard earned unique payment. It cannot be either abolished or subsumed with any other incentive/allowances. The quantum of Bonus amount should get fixed at 1 month’s basic pay plus DA thereon to meet the 8.33% of minimum payable bonus amount.
nanikai says
In the Central Civil Service Leave Rule, there are many kinds of Leave Facilities are extended but there are no any kind of Leave Facilities are in corporate for Bachelors Employees are found in the Leave Rule. Why there are at-least 60 days Bachelors leave without medical certificate and 180 days with production of medical certificate are incorporated in the LEAVE RULE so as to give equal justice to all employees ? Equal pay for equal works are mandatory in the Indian constitution but it is found that there is injustice are found in context in leave rule. Office works are disruptive if women employees are whole leave facilities year round the service life and office is deserted look & office functioning is totally parallelize on such leave ? Leave Rule making authority may like review the Leave Rule!!
nanikai says
In the Central Civil Service Leave Rule, there are many kinds of Leave Facilities are extended but there are no any kind of Leave Facilities are in corporate for Bachelors Employees are found in the Leave Rule. Why there are atleast 60 days Bachelore leave without medical certificate and 180 days with production of medical certificate are incorporated in the LEAVE RULE so as to give equal justice to all employees ?
MURALIDHARA K says
Respected sir,
Iam retaired in 31/12/2005 out in (01/01/2006) Iam BC in Jammu & Kashamir my service in 16 years so how much 7th pay & one rank one pension so plz tell me sir.