The DoPT vide its O.M. No.A-24011/6/2023-Estt.(Leave) dt.26.05.2023 has notified the amendment of CCS (Leave) Rules, 1972.
- With this amendment, the Paternity Leave for Child Adoption & Child Adoption Leave has been extended for the cases of accepting a child in pre-adoption foster care.
- Prior to this amendment, the above leaves are applicable only for adoption.
What’s Pre-adoption foster care?
Under the Juvenile Justice (Care and Protection of Children) Act, 2000, Pre-adoption foster care is a stage when the custody of a child is given to the prospective adoptive parents with a view to adopt. It means that the child is yet to be adopted.
With this amendment, the above leaves can be availed by the employee pending formal adoption. However, if he fails to adopt finally, the already availed leave shall be debited against any available leaves.
The tabulation of amended provision of CCS (Leave) Rules, is as follows:
| Rule No. | Before Amendment | After Amendment |
| 43-AA(1) | A male Government servant (including an apprentice) with less than two surviving children, 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 valid adoption. | A male Government servant (including an apprentice) with less than two 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“. |
| 43-B(1) | A female Government servant, with fewer than two surviving children, 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 the date of valid adoption. | A female Government servant, with fewer than two 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 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“. |
The original O.M. dt.26.05.2023 of the DOPT is placed below: