The Government of India, through the Department of Personnel & Training of the Ministry of Personnel, Public Grievances and Pensions (“DoPT”), published the Office Memorandum No. 13026/2/2016-Estt. (L), dated 14th July, 2016 regarding grant of leave to the aggrieved woman during pendency of inquiry up to a period of three months in addition to the leave which she is otherwise entitled to. This is in accordance with the provisions of the Sexual Harassment of Women at Workplace (Prevention, prohibition and Redressal) Act, 2013.
DoPT proposed that a new Rule in the CCS (Leave) Rules, 1972 may have to be inserted to reflect the above decision. It also suggested that language that may be used to insert a new provision:
“Special Leave connected with inquiry on sexual harassment — Leave up to a maximum of 90 days may be granted to an aggrieved female Government Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(2) The leave so granted to the aggrieved woman under this rule shall not be debited against the leave account.”
Please click here to view the Office Memorandum dated 14th July, 2016
– Adv. Shivangi Prasad – Corporate Lawyer, External Member & Trainer, Head – Legal & Compliance, Partner Child Safety at Work