The Central Civil Services (Leave) (Amendment) Rules, 2023 have been introduced to address the issue of Paternity Leave and Child Adoption Leave for male and female government servants. The amendment modifies existing Rule 43-AA and Rule 43-B of the Central Civil Services (Leave) Rules, 1972.
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING
NOTIFICATION
New Delhi, the 15th May, 2023
GSR. 374(E).—In exercise of the powers conferred by proviso to article 309 read wit clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: –
- Short title and commencement.-(1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2023.
(2) They shall come into force on the date of their publication in the Official Gazette. - In the Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as the said rules), in rule 43-AA, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “six months from the date of valid adoption’, the following shall be substituted, namely: –
“surviving children, on accepting a child in pre-adoption foster care or 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 accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant”.
- In the said rules, in rule 43-B, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “after the date of valid adoption”, the following shall be substituted, namely: –
“surviving children, on accepting a child in pre-adoption foster care or 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 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Government Servant’.
[F.No. A-2401 1/6/2023-Estt. (Leave)]
MANOJ KUMAR DWIVEDI, Addl. Secy.
Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (11), dated 8th April, 1972 vide number S.O. 940, dated the 15th March, 1972 and last amended vide notification number G.S.R. 1209(E), dated the 1st December, 2018 published in the Gazette of India, Extraordinary, Part II, Section II, Sub-section(i), dated the 14th December, 2018.
Pre-adoption Foster Care
As per the CCS Leave Amendment Rules 2023, male government servants can avail of 15 days of Paternity Leave within six months of accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year. In case the pre-adoption foster care is not followed by valid adoption, the Paternity Leave already availed by the male government servant will be debited from any other kind of leave available to their credit.
Similarly, female government servants can avail of Child Adoption Leave for a period of 180 days after accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year. The leave can be granted by an authority competent to grant leave. In case the pre-adoption foster care is not followed by valid adoption, the leave already availed by the female government servant will be debited from any other kind of leave available to their credit.
Central Civil Services Leave Amendment Rules 2023 PDF Download