Chile Care Leave (CCL) to third child in case of second child has been given away in adoption: DoPT clarification vide Min of Labour & Emp.

“The DOPT has observed that the Second child has been given away in adoption and the female government servant is no longer having the custody or legal right of such child. In case, she has not availed CCL and other related benefits in respect of her second child, the said woman is entitled to CCL and other related benefits for the third Child (second surviving child in this case)”.  The text of Ministry of Labour & Employment letter, is reproduced here:- 

No.A-24020/01/2013-SS.I

Government of India/Bharat Sarkar

Ministry of Labour & Employment/Shram Aur Rozgar Mantraylya

Social Security Division/Samajik Surakasha Prabhag

Shram Shakti Bhawan, New Delhi. 

Dated the 30th July’ 2013 

I am directed to refer to ESIC’s letter bearing No. A-40/11/5/2012-E.III dated 27.05.2013 on the subject mentioned above and to say that the matter has been examined in consultation with Department of Personnel and Training. The DOPT has observed that the Second child has been given away in adoption and the female government servant is no longer having the custody or legal right of such child. In case, she has not availed CCL and other related benefits in respect of her second child, the said woman is entitled to CCL and other related benefits for the third Child (second surviving child in this case). ESIC is, therefore, requested to take appropriate administrative decision in the matter. 

Yours’ faithfully, 

sd/-

(SUBHASH KUMAR) 

Under Secretary

Source: www.esic.nic.in

[http://www.esic.nic.in/CIRCULARS/cir_EIII_22.08.pdf]