Shimla, Nov 21
The Supreme Court recently disposed of a Special Leave Petition (SLP) filed by a working mother in Himachal Pradesh, seeking child-care leave for mothers of children with special needs. The petitioner, an Assistant Professor in Nalagarh, had filed the petition after exhausting all her available leave to care for her 14-year-old son, who suffers from Osteogenesis Imperfecta, a rare genetic disorder that requires frequent medical treatments and surgeries.
The petitioner had initially approached the Himachal Pradesh High Court, requesting the adoption of Rule 43C of the Central Civil Services (Leave) Rules, 1972, which provides for child-care leave for women with specially-abled children. However, the High Court dismissed her plea in 2021, stating that Himachal Pradesh had not adopted this provision. The Central Government had already allowed childcare leave for mothers with differently-abled children up to the age of 20 years through an office memorandum in 2010, but the petitioner was not granted this benefit.
On November 21, 2024, the Supreme Court disposed of the case after being informed that Himachal Pradesh had issued a notification adopting the Central Rules. The notification, issued on July 31, 2024, amended the Himachal Pradesh Leave Rules to include child-care leave for mothers of children with a disability of at least 40%. This amendment was made after the Supreme Court had directed the state to review its policies on child-care leave for working mothers, especially those with children with special needs.
The new rules allow female government employees in Himachal Pradesh to take up to 730 days of child-care leave during their entire service for caring for children with significant disabilities. The petitioner had already benefited from the new rules by availing 93 days of leave. However, there were still some concerns about certain gaps in the newly amended rules.
The Supreme Court, while disposing of the petition, advised the petitioner to submit a representation to the State Government if she sought an expansion of the benefits under the new scheme. The Court also directed the State to consider any such representation promptly.
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