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Posted 24 Apr 2024

2 min read

  • Recently, a 2-judge bench of the SC directed the government of Himachal Pradesh to review its policies on CCL concerning working mothers, especially mothers of children with special needs.

 

  • Key highlights of the SC Directive
    • Court observed that where the state is the employer of a working mother, it cannot be ignorant of her responsibilities at home while serving the state.
    • Participation of women in workforce is a constitutional entitlement protected by Article 15 of the Constitution.
      • Article 15 provides that State shall not discrimination on grounds only of religion, race, caste, sex, place of birth, or any of them.

 

Maternity Benefit (Amendment) Act, 2017

  • Provides for 26 weeks of paid maternity leave to women workers.
  • Out of these 26 weeks, not more than 8 weeks shall be preceding the expected date of delivery.
    •  Maternity benefits given for delivering the child were not sufficient and are perhaps distinct from the concept of CCL.
  •  About Child Care Leave (CCL)
    •  Rule 43-C of the Central Civil Services (Leave) Rules, 1972 provides for 2 years (730 days) of CCL to female employees with children under 18 years of age to look after their kids.
      • This leave can be used for any child-related needs like exams or illness.
      • State of Himachal Pradesh has not adopted these provisions of CCL.
    • There’s no age limit in case of disabled child.

 

  • Tags :
  • Child Care Leave
  • Maternity Benefit (Amendment) Act, 2017
  • Article 15

Articles Sources

https://www.livelaw.in/top-stories/supreme-court-concerned-at-lack-of-child-care-leave-in-himachal-p
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