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Saturday, November 6, 2010

Know Your Leave
Basic Knowledge on Some Important
kinds of Leave and their Admissibility
Simplified at a Glance:
Dear Comrades,
While interacting with our staff members, I have been asked often regarding admissibility of different kinds of leave which prompted me to bring the basic required knowledge on leave to the notice of our beloved members. I have tried to  give the gist referring the CCS ( Leave ) Rules, 1972 as amended from time to time with materials and circulars available with me. Still then, if there is some error, readers are requested to comment for necessary modification.
Hope, this effort will be highly useful.

1.    EARNED LEAVE:

a.    Credited in advance in two installments of 15 days each on the first day of January and July of every calendar year [ FR - 26 (1 ) (a ) (i)] subject to reduction of 1/10th of the period of EOL  taken / Dies – non during the previous half year [ FR – 27 (3)] .
b.    For new recruits, for officials retiring / resigning in the middle of the year, officials removed / dismissed / expired while in service,  2 ½ days shall  be credited per completed calendar month  up to the date of retirement / resignation /  month preceding the calendar month in which removed, dismissed or expired ( F R - 27 ) rounding off  fractions of a day to the nearest day [ F R – 27 ( 4 ) ]
c.    Maximum limit 300 days [DoPT  OM No. 14028 / 7 / 97 – Est. (L), dated 07.10.1997.]
d.    Can be granted 180 days at a time.
e.    Can be taken at a time up to  300 days as leave preparatory to retirement.
f.     Should not ordinarily be denied during the last 10 years of service career.
g.    Un-availed joining time in case of out station transfer is to be credited to the earned leave account of the Govt. servant.
h.    One day joining time in case of transfer within the same station , if not availed shall not be credited to E L account.
i.      Shall be considered for encashment of leave subject to over all limits of 300 days (including HPL).

2.    HALF – PAY LEAVE:

a.    Credited in advance in two installments of 10 days each on the first day of January and July of every calendar year  ( F R – 29 ) subject to reduction of 1/18th of the period of  Dies – non during the previous half year [ F R – 29 (2) (d)]
b.    For new recruits, for officials retiring / resigning in the middle of the year, officials removed / dismissed / expired while in service,  5/3  days shall  be credited per completed calendar month  up to the date of retirement / resignation /  month preceding the calendar month in which removed, dismissed or expired [ FR – 29 (2) ] rounding off  fractions of a day to the nearest day [ F R – 29 ( 5 ) ]
c.    May be granted even E L is at credit.
d.    May be granted on medical certificate or on private affairs. [ F R – 29 (5) ]
e.    Shall be considered for encashment of leave subject to over all limit of 300 days (including EL).[ No.14028/3/2008-Estt(L), dated 25.09.2008.]
f.     No commutation of HPL is permissible to make up the shortfall of E L for encashment of leave.
                                          Half Pay Leave Salary
                                          Admissible on the date
                                          of retirement plus D A             No. of days of
                                          admissible on that date           HPL at credit
g.    Cash Payment                                                                  subject to the  
In lieu of HPL  = ------------------------------------- x              total of EL &HPL
component                                    30                                at credit not
                                                                                          exceeding 300 days.
3.    COMMUTED LEAVE:

a.    Half Pay Leave can be commuted on full pay.
b.    May be granted not exceeding half the amount the half – pay leave due. ( FR – 30 )
c.    HPL up to a maximum of 180 days  may be allowed to be commuted during the entire service without production of medical certificate for an approved course of study.
d.    When granted, twice the amount of leave shall be debited against the HPL due. [ FR – 30 (1)(d)]
e.    Can be granted without medical certificate in continuation of Maternity Leave up to 60 days.
f.     When the Govt. servants granted with commuted leave resigns or permitted to retire voluntarily, the commuted leave shall be treated as HPL and the difference between the leave salary  in respect of commuted leave and HPL shall be recovered. [ FR – 30 (2)]

4.    LEAVE NOT DUE ( LND):

a.    Can be granted to a maximum of 360 days during the entire service.[ FR – 31 ( 1 )]
b.    Can be granted only on medical certificate.
c.    Can be granted without medical certificate in continuation of maternity leave.
d.    Can be granted  without medical certificate to an adoptive mother.
e.    Should not be granted when HPL is at credit.
f.     Should be granted  under F R 82 ( c )  (ii) to a Govt. servant whose leave account shows a debit balance.
g.    Limited to the HPL the Govt. employee is likely to earn. .[ FR – 31 ( 1 )( b )]
h.    Debited against the HPL the Govt. employee may earn subsequently. .[ FR – 31 ( 1 ) ( c ) ]
i.      May be granted  for a period not exceeding 360 days during the entire service to  a temporary  Govt. servant who has put to a minimum of one year service and is suffering from TB Leprosy, Cancer and  Mental illness.
j.      Can’t be granted  in case of leave preparatory to retirement.
k.    If the Govt. servant granted with LND resigns or permitted to retire voluntarily, LND shall be cancelled and leave salary recovered.

5.    EXTRAORDINARY  LEAVE (EOL):

a.    Can be granted to a Govt. servant when no other leave is admissible or the Govt. servant applies in writing even if other leave is admissible. [ FR–32(1)]
b.    Can be granted up to a maximum period of five years.
c.    Three months to temporary Govt. servants.
d.    Six months with medical certificate to Govt. servant completing one year of continuous service.
e.    Eighteen months to Govt. servants completing one year of continuous service and undergoing treatment for tuberculosis, leprosy, cancer or mental illness by a civil surgeon, staff surgeon or a specialist in such disease.
f.     Twenty-four months to Govt. servants completing three years of continuous service for prosecuting studies certified to be in public interest.
g.    Two spells of EOL intervened by Maternity Leave or Half Pay Leave shall be treated as one continuous spell.

6.    MATERNITY LEAVE ( M L ):

a.    Can be granted to a female Govt. servant having less than two surviving children. [ F R – 43 ( 1 ) ]
b.    Maximum period 180 days. [No. 13018/2/2008-Estt(L), dated 11.08.2008]
c.    Leave of the kind due and admissible ( including Commuted Leave  for a period not exceeding  60 days and leave not due ) that can be granted in continuation with Maternity Leave provided in Rule 43 (4)(b) shall be increased to 2 years. [No. 13018/2/2008-Estt(L), dated 11.08.2008]
d.    Only once during the entire service.
e.    May be combined with any kind of leave.
f.     Shall not be debited to leave account.
g.    Shall be granted on full pay and leave.
h.    M L shall be counted for increment and pension.
i.      Can be granted for miscarriage / abortion for a period not exceeding six weeks.
j.      Unmarried female Govt. servants also eligible.

7.    PATERNITY  LEAVE: ( P L ):

a.    Can be granted to a male Govt. servant having less than two surviving children.
b.    Maximum period 15 days.
c.    Can be availed during the confinement of his wife – up to 15 days before or up to six months  from the date of delivery.
d.    Can be availed on adoption also  within a period of six months from the date of valid adoption.
e.    Can be combined with any kind of leave.

8.    CHILD CARE LEAVE ( C C L )( Effective from 01.09.2008 )

a.    Shall be granted to women employees having minor children for a maximum period of 2 years ( 730 days ) during the entire service. [No. 13018/2/2008-Estt(L), dated 11.08.2008]
b.    Can be availed for taking care of  up to two children whether for rearing or to look after their needs  like examination, sickness etc.
c.    May be availed in more than one spell.
d.    Shall not debited  against the leave account
e.    Shall not be admissible if the child is 18 years of age or older.
f.     The women employee shall be paid leave salary  equal to the pay drawn  immediately before proceeding on CCL.
g.    May be allowed for third year  as Leave Not Due without production of medical certificate.
h.    May be combined with leave of kind due and admissible.
k.    May not be granted in more than 3 spells in a calendar year. [No. 13018/1/2010-Estt(Leave), dated 07.09.2010]
i.      May not be granted for less than 15 days.
j.      Should not ordinarily be granted during the probation period.

9.    SPECIAL CASUAL LEAVE:

a.    Can be granted for Union / Association activities:
·         20 days in a calendar year to office bearers of recognized service unions / associations. ( Delegates to All India Conference / Circle Conference, members of Executive Councils, members of Circle and Divisional Executive Committees in P & T Department)
·         10 days to out-station delegates / members of Executive Committee for attending its meeting. ( 20 days in P & T Department to attend monthly meetings with Head of the Circle )
·         5 days to local delegates and local members of Executive Committee for attending its meeting.
·         12 days in a year allowed to not more than 2 members of the unions coming from outstations to attend monthly Divisional level meetings.
b.    Can be granted to a male Govt. servant :
·         6 working days each for the 1st & 2nd time ( due to failure of the 1st time) for vasectomy
·         21 days for   re-canalization operation
·         7 days if wife undergoes tubectomy, laproscopy or salpingectomoy operation.
c.    Can be granted to a female Govt. servant:
·         14 days  each for the 1st & 2nd time ( due to failure of the 1st time) for tubectomy / laproscopy.
·         14 days  for salpingectomoy operation after Medical Termination of Pregnancy.
·         1 day on the day of IUCD / IUD insertion / reinsertion.
·         21 days for undergoing re-canalization.
·         1 day  on the day her husband undergoes vasectomy operation.
d.    30 days maximum in a calendar year can be granted  for participating  in coaching / training camps in connection with sports activities.
e.    10  days maximum in any  one year can be granted  for participating in inter-ministerial  and inter-departmental tournaments.
f.     30 days in one calendar year for taking part in cultural activities.
g.    1 day on the day of election in the home constituency of the Govt. servant.
h.    1 day for donating blood  to recognized blood banks.
i.      Can be granted for attending courts of law.
j.      Can be granted to employees residing at places 3 miles away ( within 3 miles on merit of each case ) from their office when they are unable to attend office due to dislocation of traffic arising out of natural calamities, bundhs etc.
k.    Can  be combined with C L or regular leave( EL, HPL etc.). But combination of both C L and regular leave with Special C L is not permissible.
l.      L T C can be availed during Special C L.

10.              CASUAL  LEAVE:

a.    8 days for Govt. servants having 17 holidays and 10 days for those not having 17 holidays.
b.    Can be combined with Special C L and not with any other kind of leave and joining time.
c.    Sundays / Public Holidays / Restricted Holidays / weekly offs can be prefixed / suffixed to casual leave and not counted as a part of it.
d.    Can be taken for half-day also.
e.    Half-day casual leave ( for the afternoon period ) can be combined with regular leave if the absence on the next working day is due to sickness or other compelling reasons.
f.     LTC can be availed during casual leave.
g.    Can be taken while on tour without Daily Allowance.

Some important general conditions of leave
1.    Leave cannot be claimed as a matter of right.
2.    Willful absence from duty after expiry of leave is liable to disciplinary action.
3.    No leave of any kind can be granted for a continuous period exceeding five years.
4.    Any kind of leave can be converted to into another kind of leave on an application made by the Govt. servant within 30 days of  completion of such relevant spell of leave while in service and not after retirement. However conversion of leave can not be claimed as a matter of right.
5.    Leave sanctioning authority may seek second medical opinion, if considered necessary.
6.    TA / DA as on tour for journey and halt in connection with second medical opinion shall be granted for a maximum period of two days.
7.    The employees should be sent for second medical opinion only in genuine cases and particularly when the employee is habitual on taking leave on medical ground.
8.    The date of death should be treated as duty if the Govt. servant was on duty on the previous day and was not on leave on the date of death.
9.    A Govt. servant continuing leave on medical certificate of unfitness will only be permitted to return to duty on production of a medical certificate of fitness.
10.  A Govt. servant continuing leave on medical ground if certified to be fit on Sunday / Holiday and if he joins on the forenoon of the next working day, such Sunday / Holiday shall be suffixed.
11.  In cases of severe illness where leave is required for medical reasons and the official is not able to attend his duties, the official may produce the medical certificate within two days.
12.  Medical certificate of fitness to join in duty need not be obtained from the same doctor who has given the certificate of unfitness.
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