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 July 14, 2016, regarding the grant of leave to the aggrieved woman during the pendency of inquiry up to a period of three months in addition to the leave to which she is otherwise entitled. 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 may be used to insert a new provision:
“Special Leave connected with an 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 the 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 July 14, 2016
Adv. Shivangi Prasad, Corporate Lawyer, External Member & Trainer, Head of Legal & Compliance, Partner POSH at Work