The Child is actually the beneficiary for the Child Care Leave

The Uttarakhand High Court had re-affirmed that government-appointed employees on contract are entitled for maternity or child care leave cannot be denied on the ground for being contractual workers as compared to regular employees under the case Smt. Tanuja Tolia v. State of Uttarakhand and Ors.

However, the court held that people employed on a contractual basis are not entitled to child care leave for 730 days if the contract is for one year. The employee entitled for leave with a grant for paid child care leave for 31 days, on the principle on ‘earned leave’ with same terms given to other employees in accordance to government order dated 30th May 2011. 

The bench of Chief Justice Ramesh Ranganathan and Justices Sudhanshu Dhulia and Alok Kumar Verma on Friday held as follows:

Number of days for child care leave should same as earned leave of a regular employee in a year.

Government Order dated 30th May 2011 mentioned to treat CCL in same manner of earned leave.

The order issued that state government employee are entitled for 31 days of earned leave in a year.

The same principle shall be applicable to a contractual employee.

Normally CCL should be denied

It can deny the leave by employer only on grounds of very pressing valid and plausible reasons which must be specifically stated.

Hence, the court emphasized that the underlying right is for the child not for the parents. Rights of child protected under Article 14 and 21 of the Constitution of India.