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Grant of Child Adoption Leave for 135 days to the female Govt. servants on adoption of a child upto one year of age

No.13018 /4/2004-Estt.(L)
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training
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New Delhi, the 31st March., 2006

OFFICE MEMORANDUM

Sub: Grant of Child Adoption Leave for 135 days to the female Govt. servants on adoption of a child upto one year of age -

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The undersigned is directed to refer to this Department’s OM No.13018/4/89-Estt.(L) dated 25th October, 1989 regarding grant of leave to female Govt. servants on adoption of a child and to say that on having considered the justifications given by the Association of Adoptive Parents (ATMAJA) and the views of the Ministry of Health & Family Welfare as well as those of the Department of Women & Child Development, it has been decided to extend the benefit of leave for 135 days to the adoptive mothers with fewer than two surviving children as ‘Child Adoption Leave’ on adoption of a child upto one year of age, on the lines of maternity leave admissible to natural mothers.

2. During the period of Child Adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

3. Child Adoption leave may be combined with leave of any other kind.

4. In continuation of ‘Child Adoption leave’, the adoptive mothers may also be granted, if applied for, leave of the kind due and admissible (including Leave not due and Commuted leave not exceeding 60 (sixty) days without production of Medical certificate) for a period upto one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of Child Adoption leave, subject to the following conditions.

  • (i) This facility shall not be admissible to an adoptive mother already having two surviving children at the time of adoption.
  • (ii)The maximum period of one year leave of the kind due & admissible (including Leave not due and Commuted leave upto 60 days without production of Medical certificate) will be reduced by the age of the child on the date of adoption without taking into account Child Adoption leave as in following illustrations:
  • If the age of the adopted child is less than one month on the date of adoption leave upto one year may be allowed.
  • If the age of child is six months and above but less than seven months, leave upto 6 months may be allowed.
  • If the age of the child is 9 months and above but less than ten months, leave upto 3 months may be allowed.

5. Child Adoption leave shall not be debited against the leave account

6. So far as persons serving in the Indian Audit & Accounts Departments are concerned, these orders are being issued after consultation with the C&AG of India.

7. Relevant rule is being incorporated/amended.

8.These orders will have effect from the date of issue.

9. Hindi version will follow.

(S. Meenakshisundaram)
Deputy Secretary to the Govt. of India

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Comments

  1. Sir, The Swamy’s Handbook 2011 for Central Govt. Staff shows in its latest edition at page No. 131 point No. 10 Leave to female Govt. Servant on adoption of child for a period of 180 days immediately after the date of valid adoption from 22.7.2009, but your O.M.No.13018/4/2004-Estt.(L) GOI Ministry of Personnel, P.G. & Pensions Department of Personnel & Trg. New Delhi Dt. 31st Mar. 2006 shows that only 135 days may be granted to female employees. Please tell me which one is correct 180 days or 135 days.: Dinesh Holkar, Private Secretary, EPFO, GOI, Min. of Labour
    Zonal Training Institute, West Zone, Ujjain (M.P.)

  2. tapan says:

    please late me know, what will be the effective date of legal adoption for availing child adoption leave(cent.govt. female employee) weather it will be the date of adopting the child from district child welfare committee(legal body) for foster care or from the date of executing child adoption deed (applied in time).
    In case of delay-in processing the case (more than one year) by the honble court for which adopting parent are not responsible and the honble court has legalized the formalities and regularized the adoption from the date of adoption..
    incidentally,such leaves are required for foster care of the child from the date of adoption only.
    tapan kumar(railways)

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