Child Adoption Leave for Female Government Servants – Rule 43-B CCS Leave Rules 1972
Child Adoption Leave (CAL) is a special leave provision for female Central Government employees who adopt a child or take a child in pre-adoption foster care. The leave is designed to provide sufficient time and financial support for bonding and care of the child, similar to maternity leave.
1. Eligibility Criteria
- Applies to female Government servants, including apprentices.
- The employee must have fewer than two surviving children.
- Applicable when:
- Accepting a child in pre-adoption foster care, or
- Completing a valid adoption of a child below 1 year of age.
- Important: Pre-adoption foster care not followed by adoption will result in leave being adjusted from other leave balances.
2. Duration of Leave
- Standard Duration: 180 days immediately after accepting the child or entering foster care.
- Continuation Leave: On valid adoption, a female employee may apply for additional leave up to 1 year minus the age of the adopted child at the date of adoption, including:
- Leave due and admissible
- Leave not due
- Commuted leave up to 60 days (without medical certificate)
- Limitation: Not available if the employee already has two surviving children.
3. Leave Salary
- During Child Adoption Leave, the employee is entitled to full pay, i.e., pay drawn immediately before proceeding on leave.
- This ensures that the adoptive mother receives financial support comparable to maternity leave.
4. Combination with Other Leave
- Child Adoption Leave can be combined with any other leave (earned, HPL, commuted, or leave not due).
- Continuation leave can be applied immediately after the initial 180 days, subject to conditions mentioned above.
5. Leave Account Treatment
- Child Adoption Leave is special leave and shall not be debited against the leave account.
- Only in cases where foster care does not result in adoption will the leave be adjusted from other leave types.
6. Definition of “Child”
For the purpose of this rule, a “child” includes:
- Legally adopted child below 1 year of age.
- Ward taken under the Guardians and Wards Act, 1890, or as per personal law, provided:
- The ward lives with the Government servant and is treated as a family member.
- The Government servant has conferred the same legal status as a natural-born child through a special will.
7. Illustrations / Examples
|
Example |
Scenario |
Leave Granted |
Pay & Account Treatment |
|
1 |
Ms. A adopts a 6-month-old child; has 1 surviving child |
180 days |
Full pay; not debited from leave account |
|
2 |
Ms. B takes child in pre-adoption foster care; adoption not finalized |
180 days |
Adjusted from other leave balances |
|
3 |
Ms. C adopts a 3-month-old child and applies for continuation leave |
180 days + up to 9 months (1 yr – 3 months) |
Full pay for continuation leave |
8. Legal References
- DOPT Notification No. 13018/4/2004-Estt. (L), dated 31.03.2006
- DOPT Notification No. 13026/5/2011-Estt. (L), dated 04.04.2012
Key Points to Remember
- Only female employees with fewer than two surviving children are eligible.
- Leave is 180 days for adoption or foster care, plus possible continuation.
- Full pay is provided.
- Does not reduce leave account (special leave).
- Foster care leave not followed by adoption will be adjusted against other leave types.
- Definition of child includes adopted child or legally recognized ward.
