Paternity Leave for Government Servants in Adoption Cases

Guidelines Governing Adoption of Children, 2015 under Juvenile Justice (Care and Protection of Children) Act, 2000

F.No. A-24011/6/2023-Estt. (Leave)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 26.05.2023

OFFICE MEMORANDUM

Subject: Guidelines Governing Adoption of Children, 2015 under Juvenile Justice (Care and Protection of Children) Act, 2000 – reg.

The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 374(E) dated 18.05.2023 (copy enclosed) to bring them in conformity with the Guidelines Governing Adoption of Children, 2015 under the Juvenile Justice (Care and Protection of Children Act, 2000.

2. 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”.

3. 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’.

4. These orders are to be effective from date of their publication in the Official Gazette.

(Sunil Kumar )
Under Secretary to the Govt. of India

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