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Employer Cannot Restrict Child Care Leave Period: HC

Employer Cannot Restrict Child Care Leave Period: HC
 
 Court rules that exam preparation period qualifies for child care leave, limiting employer discretion in restricting such requests 
 

The Karnataka High Court has clarified that Child Care Leave (CCL) cannot be confined only to the days when a child appears for examinations, stating that the preparation period leading up to the exams is equally relevant for availing such leave.

The ruling came while the court dismissed a challenge filed by a central government department against an earlier decision that allowed an employee extended leave to support her child during board examinations.

The case involved an administrative officer who had sought child care leave for several months to assist her son preparing for his Class 10 board examinations. The employer had sanctioned only a limited number of days corresponding to the examination schedule, prompting the employee to approach the Central Administrative Tribunal, which subsequently permitted the longer leave duration.

Upholding the tribunal’s order, a division bench observed that the provisions governing Child Care Leave do not restrict its use solely to examination days. The court noted that the preparation phase before examinations often requires parental involvement and therefore falls within the intent of the leave framework.

The bench also underlined that employers do not have the authority to assess the adequacy of personal reasons cited by employees seeking such leave or to arbitrarily curtail the duration requested if it aligns with the rules.

The judgment reinforces the broader objective of child care leave provisions within public sector employment, acknowledging the role of parental support during critical academic phases while limiting administrative discretion in denying or reducing such requests.

 

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