1. Removal of the Age Limit
G.O.Ms.No.36, Dated: 16/03/2024 states that the Government has resolved to “remove the upper age limit” and permit all women employees to avail the leave “to take care of the minor child for rearing or for looking after any other needs of the child during school or college examinations, sickness etc.,”.
2. Overriding Previous Conditions
- G.O.Ms.No.132, Dated: 06/07/2016 originally limited the leave to children “up to the age of 18 years” (or 22 years for disabled children).
- While the GO.Ms.No.36 states the new rule is subject to the “conditions specified in the GOs 1st to 3rd of GO.Ms.No.132, Dated: 06/07/2016”.
- The key is that the explicit action of removing the upper age limit effectively nullifies the conflicting age restriction clause from the earlier order in GO.Ms.No.132, Dt: 06/07/2016.
3. Focus on Purpose and Need
The removal of the upper age limit allows the employee to use the leave for a major child, provided the reason for availing the leave falls under the permitted categories:
- The purpose of the leave remains: for rearing or for looking after any other needs of the child during school or college examinations, sickness, etc.,
- The inclusion of “College examinations” as a valid reason indicates that the leave was always intended to cover children who are typically above the age of 18.
- The Child Care leave would be permitted only if the child is dependent on the Government Servant. This dependency is the only remaining limiting factor related to the child’s status, ensuring the leave is not misused.
4. Conclusion:
The word “minor” in Paragraph 05 of G.O.Ms.No.36, Dt: 06/07/2016 is considered a drafting error or a leftover term from the old rule. The legal effect of the GO is governed by the explicit command to “Remove the upper age limit”.
An employee can avail Child Care Leave for a major child as long as the child is dependent on the government servant and the purpose aligns with the stated needs (rearing, sickness, examinations, etc.), up until the employee's retirement. The age of the child is no longer a restriction.
