Whether Child Care Leave Has To Be Applied For In Advance?

By the very nature of things, Child Care Leave has to be applied
for in advance and due permission accorded. The right is valuable because
female employee gets full salary for the period of Child Care Leave. Child
Care Leave cannot be applied for to act retrospectively and therefore, there is
nothing wrong in the Department holding that ex post facto permission cannot
be granted.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.26951 of 2016
Date of decision:22.12.2016
Shashi Bala

V
State of Haryana and others

CORAM:- MR. JUSTICE RAJIV NARAIN RAINA


By the very nature of things, Child Care Leave has to be applied
for in advance and due permission accorded. The right is valuable because
female employee gets full salary for the period of Child Care Leave. Child
Care Leave cannot be applied for to act retrospectively and therefore, there is
nothing wrong in the Department holding that ex post facto permission cannot
be granted. In this case first request was made on 6.4.2011 for granting
backdated Child Care Leave w.e.f 30.11.2010 to 30.3.2011.
No merit.
Dismissed.

(RAJIV NARAIN RAINA)
 JUDGE
22.12.2016

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