Private school women teachers entitled to childcare leave like govt staff: Delhi HC

The Delhi High Court said recognised private schools cannot deny women teachers child care leave. The ruling brings their leave benefits in line with government school teachers and ties the right to equality.

In Short

• Delhi HC says benefit deemed part of fundamental right to equality
• Private schools must follow Delhi School Education Rules for leave
• Leave limit: 730 days total, minimum 15 days per instance, thrice a year

The Delhi High Court has ruled that women teachers working in private schools are entitled to Child Care Leave (CCL) on par with their counterparts in government schools, describing the benefit as part of the fundamental right to equality.

A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela overturned the decision of a single-judge bench and held that recognised private schools cannot deny female employees Child Care Leave for matters related to the care, education and illness of their children.

The court said that under Rule 111 of the Delhi School Education (DSE) Rules, employees of private schools are entitled to the same leave benefits as government employees. The bench disagreed with the earlier single-judge ruling and affirmed that the right to Child Care Leave forms part of the principle of equality.

In accordance with the Central Civil Services (CCS) Leave Rules, a woman employee can avail a maximum of 730 days, or two years, of Child Care Leave during her entire service period. The leave can be taken for the care of her first two surviving children, including for their upbringing, examinations, illness and other related needs.

The rules also provide that Child Care Leave must be taken for a minimum period of 15 days. A female employee cannot avail this category of leave more than three times in a calendar year.

With the ruling, women teachers employed in recognised private schools will now be eligible for Child Care Leave benefits similar to those available to government school teachers.

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