Central Civil Services (Leave) (Third Amendment) Rules, 2012 – Regarding Maternity/Paternity Leave for child adoption.

1. (1) These rules may be called the Central Civil Services (Leave) (Third Amendment) Rules, 2012.

(2) They shall come into force on the date of their publication in the Official Gazette.

3. In the said rules, in rule 43-B, the following note shall be inserted, namely:

‘Note :- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal Law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child”.

Source: www.persmin.nic.in

*Rule 43-AA. Paternity Leave for Child Adoption. –

(1) A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) The paternity leave may be combined with leave of any other kind.

(4) The Paternity Leave shall not be debited against the leave account.

(5) If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note: – The Paternity Leave shall not normally be refused under any circumstances.]

Rule 43-B. Leave to a female Government servant on adoption of a child:

(1) A female Government servant, with fewer than two surviving children, on valid adoption of a child below the age of one year may be granted child adoption leave, by an authority competent to grant leave, for a period of 7[180 days] immediately after the date of valid adoption.

(2) During the period of child adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) (a) Child adoption leave may be combined with leave of any other kind.

(b) In continuation of the child adoption leave granted under sub-rule (1), a female Government servant on valid adoption of a child may also be granted, if applied for, leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period upto one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave.

Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption.

(4) Child adoption leave shall not be debited against the leave account.

*Rule inserted vide Government of India, Department of Personnel and Training Notification (The Central Civil Services (Leave) (Amendment) Rules, 2009) F.No.11012/1/2009-Estt.(L) dated the 1st December, 2009 (G.S.R. No. 170 dated 1st December, 2009).