A female government servant, on valid adoption of a child below the age of one year, will now get ‘child adoption leave’ for a period of 180 days in J&K.
This regulation has come into vogue as the J&K government on Wednesday amended Jammu and Kashmir Civil Service (Leave) Rules, 1979 and introduced new guidelines on this account.
As per new rule, the female government employee, with fewer than two surviving children, will be able to avail this provision, immediately after the date of valid adoption.
“ln exercise of the powers conferred by the proviso to Article-309 of Constitution of India, the Lieutenant Governor of Union Territory of Jammu and Kashmir is pleased to direct that after rule 41-A of the Jammu and Kashmir Civil Service (Leave) Rules, 1979, Rule 41b shall be added,” read a notification issued by the Financial Commissioner (Additional Chief Secretary) Finance department Atal Dulloo, IAS.
Newly added 41-B (1) rule specifies that subject to the provisions of these rules, 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.”
As per the notification, during the period of child adoption leave, she will be paid leave salary equal to the pay drawn immediately before proceeding on leave.
“Child adoption leave may be combined with leave of any other kind. In continuation of the ‘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 up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave,” read the notification.
However it will be subject to few conditions. As per amended rules, this facility will not be admissible to an adoptive mother already having two surviving children at the time of adoption.
The maximum period of one year leave of the kind due and admissible (including Leave not due and Commuted leave up to 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,’ the rules mention.
Elucidating it further, the rules specify that if the age of the adopted child is less than one month on the date of adoption, leave up to one year may be allowed. “If the age of child is six months and above but less than seven months, leave up to 6 months may be allowed and if the age of the child is 9 months and above but less than ten months, leave up to 3 months may be allowed,” the rules clarify.
“Child adoption leave shall not be debited against the leave account,” read the notification S O 299 issued by the Finance Department (Codes Division).