No More Discrimination: 180 Days Maternity Leave, 2 Years Child Care Leave for Public Sector Employees

 Uniformity in facilities available to women employees of CPSEs in line with similar facilities available to women employees of the Central Government. File No. 6(1)2014-DPE (GM)-FTS-1505
Uniformity in facilities available to women employees of CPSEs in line with similar facilities available to women employees of the Central Government. File No. 6(1)2014-DPE (GM)-FTS-1505

Ministry Pushes for Parity in Women’s Welfare Measures Across Central Public Sector Enterprises

Key Highlights

  • Maternity Leave up to 180 days
  • Child Care Leave up to 2 years (730 days)
  • Child Adoption Leave up to 180 days
  • Paternity Leave up to 15 days
  • Protection against Sexual Harassment at Workplace

Central Public Sector Enterprises (CPSEs) in India

Central Public Sector Enterprises (CPSEs) are companies or enterprises owned and controlled by the Government of India, operating across various sectors like manufacturing, services, mining, construction, etc. Major CPSEs include ONGC, Indian Oil, NTPC, SAIL, BHEL, GAIL, Coal India Ltd, BSNL, and MTNL, among others. There are around 300 operational CPSEs in India currently, employing over 1 million people.

CPSEs play an important role in the Indian economy, formed with the objective of developing important sectors, generating employment, and earning revenues for the government. They come under the administrative control of various ministries/departments of the Government of India, and their performance is monitored by the Department of Public Enterprises under the Ministry of Heavy Industries and Public Enterprises.

Directive to Align Women’s Benefits with Central Govt Norms

The Ministry of Finance has issued a directive to all administrative Ministries and Departments, instructing them to advise the CPSEs under their control to bring uniformity in their rules regarding facilities available to women employees. This move aims to align the benefits offered by CPSEs with those provided to women employees of the Central Government.

The Department of Public Enterprises (DPE) has outlined several key facilities that CPSEs must incorporate into their HR policies, subject to approval from their respective boards. These include:

  • Maternity Leave of up to 180 days, as per the Department of Personnel and Training (DoPT) guidelines.
  • Child Care Leave of up to 730 days (2 years), as per DoPT norms.
  • Child Adoption Leave of up to 180 days, as mandated by DoPT.
  • Paternity Leave of up to 15 days, as per DoPT rules.
  • Protection against Sexual Harassment at the Workplace, as granted by the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

Enhanced Child Care Leave Provisions

The DoPT has recently amended Rule 43C relating to Child Care Leave (CCL), introducing the following changes:

  • CCL may be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days.
  • Single male parents, including unmarried, widowed, or divorced employees, are now eligible for CCL.
  • Single female government servants can avail CCL for up to six spells in a calendar year, while other eligible employees can avail it for a maximum of three spells.

Uniformity Across Grades

The Ministry has emphasized that while CPSEs formulate their own HR rules with board approval, they must invariably incorporate all statutory provisions related to the welfare of women employees. Regarding other welfare measures, the directive states that there should be no variation in such provisions between different grades of employees within a single CPSE.

Key Points:

  • CPSEs instructed to align facilities for women employees with Central Government norms
  • Maternity Leave, Child Care Leave, Child Adoption Leave, Paternity Leave, and protection against Sexual Harassment mandated
  • Enhanced Child Care Leave provisions for single parents and single female employees
  • No variation in welfare measures across employee grades within a CPSE

Full Text of the Office Memorandum:

File No. 6(1)2014-DPE (GM)-FTS-1505 Government of India Ministry of Finance Department of Public Enterprises

Public Enterprises Bhawan Block No.14, CGO Complex, Lodhi Road New Delhi, the 29th April, 2024

OFFICE MEMORANDUM

Subject:- Uniformity in facilities available to women employees of CPSEs in line with similar facilities available to women employees of the Central Government.

Reference is invited to this Department’s OM of even number dated the 18th June, 2014 requesting all the administrative Ministries/ Departments to advise the CPSEs under their administrative control to bring some uniformity in their rules in line with similar facilities available to women employees of the Central Government with the approval of the respective boards, which inter alia outlines following:

(a) Maternity Leave up to maximum period of 180 days (0.M. No.13018/ 2/ 2008-Estt.(L) dated 11th September 2008 of DOPT).

(b) Child Care Leave up to maximum period of 2 years i.e.730 days (O.M.N0.13018/2/2008-Estt.(L) dated 11th September 2008 and 29th September 2008 of DOPT)

(c) Child Adoption Leave up to a maximum of 180 days (O.M. NO. 13018/1/2009-EstL(L) dated 22rl1 July 2009 of DOPT).

(d) In addition, for the benefit of the family there is a provision of paternity leave up to a period of 15 days (O.M. NO. 13018/ 2/98-Est-t. (L) dated 16th July 1999 of DOPT), and

(e) Protection as granted vide Sexual Harassment of Women at workplace (Prevention, Prohibition and Redressal Act, 2013 dated 9th December, 2013).

  1. The Department of Personal and Training in its O.M. No. 11020/01/ 2017- Estt. (L) dated 30.8.2019 (copy enclosed) made the following changes, after amendment of Rule 43 C relating to Child Care Leave (CCL):

(a) CCL may be granted at 100% of the leave salary for the first 365 days and 80% of the leave salary for the next 365 days.

(b) CCL may be extended to single male parents who may include unmarried or widower or divorcee employees.

(c) For single female Government servants, the CCL may be granted for six spells in a calendar year. However, for other eligible government servants, it will continue to be granted for a maximum of three spells of a calendar year.

  1. CPSEs formulate their own H.R. rules with the approval of their respective boards, in consultation, if required, with the concerned Ministries/ Departments. To protect the interest of women employees these H.R. rules shall invariably incorporate all statutory provisions. Regarding other welfare measures, all the administrative Ministries/ Departments are requested to advise the CPSEs under their administrative control to bring uniformity in their rules in line with similar facilities available to women employees of the Central Government with approval of the respective boards. In any case, there should be no variation in such measures between different grades of employees within a single CPSE.
  2. This issues with the approval of the Competent Authority.

(Dr. P.K.Sinha) Deputy Secretary to the Government of India

To All administrative Ministries/ Departments of the Government of India.

Here are 5 FAQs that could be included with the article: FAQ 1: . FAQ 2: FAQ 3: FAQ 4: FAQ 5:

What are Central Public Sector Enterprises (CPSEs)?

Central Public Sector Enterprises (CPSEs) are companies or enterprises owned and controlled by the Government of India. They operate across various sectors like manufacturing, services, mining, construction, etc. Some major CPSEs include ONGC, Indian Oil, NTPC, SAIL, BHEL, GAIL, Coal India Ltd, BSNL, and MTNL

Why has the Ministry of Finance issued this directive?

The directive aims to bring uniformity in the rules and welfare measures related to women employees across all CPSEs, aligning them with the facilities available to women employees of the Central Government. This ensures parity and equal treatment of women across public sector enterprises.

What are the key facilities that CPSEs must provide to women employees?

As per the directive, CPSEs must offer Maternity Leave up to 180 days, Child Care Leave up to 2 years (730 days), Child Adoption Leave up to 180 days, Paternity Leave up to 15 days, and protection against Sexual Harassment at the workplace.

Are there any changes to the Child Care Leave provisions?

Yes, the Department of Personnel and Training (DoPT) has amended Rule 43C relating to Child Care Leave (CCL). CCL can now be granted at 100% of the leave salary for the first 365 days and 80% for the next 365 days. Single male parents and single female government servants also have enhanced CCL benefits

Will there be any variation in welfare measures across different employee grades within a CPSE?

No, the directive clearly states that there should be no variation in such welfare measures between different grades of employees within a single CPSE. All employees, regardless of grade, should have access to the same facilities.

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