Amendment in Leave Rules in consonance with mandate of Section 47 of Indian Disabilities Act 1995

Dear colleagues,

There is yet another welcoming news from the DoPT in favour of government employees who became disabled during service and had to take long leaves for medical reasons. Such leaves were often revoked or refused by the senior officers/ department Heads on whims and fancies sincere there was a complete silence in the rules on the impact of Section 47 of the PWD Act.

The DoPT has finally amended the Central Civil Services(Leave) Rules 1972 to remove this anomaly to bring its leave rules in consonance with requirements of Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

The Memorandum provides that  leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding.  It also removes the ceiling on maximum permissible leave laid down in Rule 12  in such cases and thus any such leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account. The Memorandum allows even family members to make the leave application with medical certificates where employee is unable to submit due to disability.

Here is the OM reproduced for your ready reference:

No. 18017/1/2014-Estt(L)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

New Delhi, the 25th February, 2015

OFFICE MEMORANDUM

Subject: Amendment to Central Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995,)-regarding

The Central Civil Services (Leave) Rules, 1972 were amended vide the Department of Personnel and Training Notification No. 13026/1/2002-Estt(L) dated the 15/16th  January, 2004 consequent to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) which came into force from 7th  February, 1996.

2. Section 47 of the PWD Act, 1995 provides that services of no employee can be terminated nor can he be reduced in rank in case the employee has acquired a disability during his service. The first proviso to the Section 47 lays down that if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected. The second proviso provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. Further, the Clause (2) of Section 47 provides that no promotion shall be denied to a person merely on ground of his disability. In Kunal Singh v. Union of India, [2003] 4 SCC 524, Hon’ble Supreme Court has observed that the very frame and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory nature.

3. The issues relating to leave or absence of Government servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The case of a disabled government servant who is declared fit to resume duty but who may not able to perform the duties of the post he was holding earlier may be dealt with as per the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall apply if it is not possible to adjust him against any existing post. In all such cases, the Government servant so adjusted shall be entitled to the pay scale and other service benefits attached to the post he was holding.

4. A disabled Government servant who is not fit to return to duty shall be adjusted as per second proviso to the Section 47 mentioned above, until he is declared fit to resume duty or attains the age of superannuation whichever is earlier, with the same pay scale and service benefits. On being declared fit for resuming duty, the Government servant who is not fit for the post he is holding, may be adjusted as per the first proviso to Section 47.

5. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 12 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

6. For a government servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted. The provisions relating to examination of disabled Government servants and the Medical Authorities competent to issue such certificates are also being amended.

7. Necessary amendments to the Central Civil Services (Leave) Rules, 1972 are being notified separately.

Sd/-

(Mukesh Chaturvedi)

Director Tel: 23093176

To obtain a signed PDF copy of the above Memorandum Click here: 

Amendment to Leave Rules for Employees with disabilities : 26 Feb 2015  


Related Media Coverage:PTI

Don't deny leave to disabled employees: Government tells departments

Thursday, 26 February 2015 - 4:00pm IST | Place: New Delhi | Agency: PTI

Any leave debited for the period after a government servant is declared incapacitated shall be remitted back into his or her leave account," the Department of Personnel and Training (DoPT) said in an order.

Leave applied on medical certificate in connection with disability of a government employee should not be refused or revoked, the Centre has said.

For a government servant who is unable to submit an application or medical certificate on account of disability, a family member is allowed to inform the office or submit required documents on his behalf, it said.

The Centre is in the process of notifying new rules to ensure equitable working atmosphere for persons with disabilities in government departments.

"Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a medical authority, whose advice shall be binding...

"Any leave debited for the period after a government servant is declared incapacitated shall be remitted back into his or her leave account," the Department of Personnel and Training (DoPT) said in an order.

As per rules, no employee can be terminated nor can he be reduced in rank in case the person has acquired a disability during his service. Even if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected, the rules said.

The rules also provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

Further, no promotion shall be denied to a person merely on ground of his disability.

"For a government servant who is unable to submit an application or medical certificate on account of disability, an application or medical certificate submitted by a family member may be accepted.

"The provisions relating to examination of disabled government servants and the medical authorities competent to issue such certificates are also being amended," the DoPT said.

Source: DNA India 

Child Care Leave for Mothers of children with disabilities made more friendly

Dear Friends,

Some good news for the Government Employee Mothers with disabled children. The child care leave rules have been relaxed. Earlier the leave rules permitted women employees to avail CCL of 730 days (2 years) in their entire service up to two children till their  children were 18 years which is now extended to 22 years of age for the mothers of children with disability.

For those of you wanting to preserve a copy of the DoPT Memo  No.13018/6/2009-Estt.(L) dated 03rd March 2010, click the link to download the same. Download earlier leave Rule dated 29 September 2008 here. 

However, I have a problem with the process of such revision in the Rules even if the revision is progressive. Often the rules are relaxed on adhoc basis on reciept of some representation without thinking in larger context. Such progressive decisions could benefit many more than just mothers of children with disability up to 22 years of age!

I raise this point because I find there are several others who deserve & would greately benefit from such a progressive provison. Our experience tells us that mothers continue to care for their disabled children even after 22 years of age, also often the need of care becomes crucial if there is a member with major support needs or with mental illness in the family. And its not mother alone, it could be father, brother, sister & spouse too!

Therefore, in such scenario, it would be prudent and more justified to extend this to all such stakeholders. Also the age bar of 22 years would become redundant for other disabilities where the member may be needing life long support. That is why it is always important and logical to involve stakeholders and organisations working on the subject or representing the interests of stakeholders to come to a reasonable and benefit-all amendment in the existing rules. Organisations of parents, families with disabled members or those specialising on the support networks might have additional views on this which could be heard by the Government.

We hope the DoPT or any other similarly placed organisation would  consider this while taking such progressive decisions.

regards
Subhash C. Vashishth

To read the news article from source click here: 
Leave Rules Relaxed for Mothers of Disabled Children

New Delhi: The government has relaxed the age restriction on childcare  leave (CCL) given to women employees with disabled children. In ordinary circumstances, women can avail the special two-year CCL till their children are 18. After the extension, mothers of disabled children can  avail the leave till their children are 22.

The department of personnel and training (DoPT) passed the order after getting requests from mothers that the age restriction be relaxed for disabled and mentally-challenged children. "We consulted the finance ministry and decided to permit CCL to women with disabled children till they are 22," a DoPT circular said.

Mothers of children with a minimum disability of 40% are entitled to this, but only if the child is dependent on her. Disabilities included mental retardation,locomotor/orthopaedic disability, visual disability, speech and hearing disability.

The government had announced the childcare leave in the Sixth Pay Commission. The leave is for the entire service period and can be taken whenever the employee thinks fit, especially when the child is sick or is appearing for an exam.

During the leave period, the employee is entitled to get salary equal to what she was getting before going on leave. Besides, the Centre gives extra benefits to disabled women. For two years, they are paid Rs1,000 over and above their gross salary as childcare allowance.