Employer Cannot Restrict Child Care Leave Period: HC

Employer Cannot Restrict Child Care Leave Period: HC

Times News Network

Bengaluru: An employer does not have the power to decide whether the reasons given by an employee for seeking child care leave (CCL) are sufficient, the Karnataka high court has said.

"No discretion is conferred upon the employer or the competent authority to adjudicate upon the sufficiency of the reasons assigned for seeking CCL," the HC noted.

The HC was hearing a petition filed by the Ministry of Electronics and the Centre for Advanced Computing (C-DAC), Bengaluru, challenging an order of the Central Administrative Tribunal (CAT).

Kavita Vadde, an administrative officer at C-DAC, had applied for CCL from December 16, 2025, to May 20, 2026. She wanted to help her son prepare for his Class X board examination. However, she was granted only 18 days of CCL, based on the examination schedule. She then approached CAT in Bengaluru.

The bench noted that a female government servant or a single male government servant can seek CCL when the child requires their presence.

On February 5, the tribunal ruled in her favour and directed the authorities to grant CCL from February 6 till May 20, as per rules.

The Ministry of Electronics challenged this order before the HC, arguing that granting leave beyond the period strictly required for the stated purpose would affect the functioning of the department and "would also defeat the very object of sanctioning such leave".

After examining Rule 43-C of the Central Civil Services (Leave) Rules, 1972, the HC noted that a female government servant or a single male government servant can seek CCL when the child requires their presence, including for education, illness, or similar reasons.