Leaves

Overview

1. Leave can’t be claimed as matter of right [Rule 7 (1)].
   
2. The leave sanctioning authority may refuse or revoke leave of any kind but cannot alter the kind of leave due and applied for [Rule 7 (2)].
   
3. Leave of one kind taken earlier may be converted into other leave of different kind provided that the conversion request should be applied within from the completion of earlier. This however can’t be claimed as matter of right [Rule 10 (i) & Proviso]. This is to be done while in service not after quitting service.
   
4. No leave can be granted for a continuation period exceeding five years except with the sanction of the President. Without a valid reason with or without leave, such absentee should be treated as deem to have resigned [Rule 12].
   
5. An official on leave can’t take up any other service or employment elsewhere without obtaining prior sanction of the Competent authority [Rule 13].
   
6. Overstayal of leave without proper sanction, will be debited against the HPL account to the extent HPL is due & the excess treated as EOL and such period will not be count for increment, leave & pension. No leave salary is admissible for the entire period [Rule 25 (1) & audit instruction].
   
7. Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action [Rule 25 (2)].
   
8. The absence without leave not in continuation of any authorized leave will constitute an interruption of service unless it is regularized [Rule 25 (1)].
   

Earned Leave (EL)

2.1.    Credited in advance at uniform rate of 15 days on the 1^st January & 1^st July limited to 30 days in a calendar month [Rule 26(1) & 27 (3)].

2.2    The credit is reduced by factor 1/10^th of extraordinary leave availed and/or period of dies non during the previous half year [26 (1) & 27 (3)].

2.3    EL can be accumulated upto maximum 300 days. In leave record it will reflect maximum 315 days. After that it is lapsed and not credited.

2.4    The credit of EL is affected at the rate of 2.5 days for each complete calendar month. If an employee is appointed in January 2020, no EL shall be credited in that month. It shall be credited @ of 2.5 for February, March, April, May & June. Total leave so credited = 2.5×5 = 12.5 = 13. Form 1^st July @ 15 onward [Rule 27 91)].

2.5    In case of superannuation, resignation etc. same process of para 2.4 is followed [Rule 27 (2)(a),(b) & (c)].

2.6    While affording credit, fractions will be rounded off to next whole number. 2.5 EL will be treated as 3 [Rule 27 (4)].

2.7    EL can be availed for maximum 180 days at a time [Rule 26 (2)]. There are some exceptions mentioned at following para.

2.8    In exceptional cases it can be availed maximum upto 30 days for Group ‘A’ & Group ‘B’ provided that EL excess 180 days is spent outside India viz. Bangaladesh, Bhutan, Burma (Myanmar), Sri Lanka, Nepal & Pakistan [Rule 26 (3)].

2.9    EL may be taken at a time up to 300 days as leave preparatory to retirement [Rule 38 (1)].

2.10    Maximum 300 days EL encashment is permitted at the time of superannuation [Rule ].

2.11    Maximum 10 Days EL encashment is allowed during availing LTC for self or family limited to 60 days in whole career [Rule ].

2.12.    EL can combine with any kind of leave except Casual Leave/Special Casual Leave.

2.13    the quantum of nn-availed joining time is credited to EL account subject to maximum of 300 days [Rule 26, GID 3].

Casual Leave (CL)

3.1    CL is not a recognized form of leave. An official on CL is not treated as absent from duty and pay is not intermitted.

3.2    CL can only be combined with vacation/Special casual leave [Rule ].

3.3    CL cannot be combined with joining time [Rule 26 & GID 3].

3.4    Sunday/Holiday falling during the period of CL is/are not counted as leave [Rule ].

3.5    Sundays/Public Holidays/Restricted Holidays/weekly off can be pre-fixed/suffixed to CL [Rule ].

3.6    CL can be taken for half-day and the half day is decided by lunch break [Rule ].

3.7    Essentially intended for short periods. CL should not normally be granted for more than 5 days at one occasion except under special circumstances [Rule ].

3.8    CL is credited for maximum of 8 days in case 17 holidays is entitled and 10 days in case 16 holidays are permissible [Rule Appendix-III, ‘E’ Misc. Order No. (13)].

3.9    Those who joins in the middle of year, may avail CL on proportionate basis or to the full extent at the discretion of the competent authority [Rule ].

3.10    LTC can be availed during CL [Rule ].

3.11    Half day CL is debited for each late attendance. However, late attendance upto 1 hr. in two occasions in a month can be condoned.

3.12    If late attendance can’t be adjusted against CL account, disciplinary action may be initiated instead.

3.13    In case only half day CL is left and an employee avails it in afternoon and not able to join his duty on the following day, combination of EL may be granted in exceptional case arised due to sickness or compelling circumstances [Rule 11, GID (2)].

Half Pay Leave (HPL)

4.1    HPL is credited in advance @ 10 days on each 1^st January & 1^st July limited to 20 days in a calendar year [Rule].

4.2    HPL is credited @ 5/3 for each calendar month when an employee appointed in the middle of the year [Rule 29 (2)].

4.3    HPL credit is reduced @ 1/18^th of the period of dies non/suspension treated as dies non subject to maximum of 10 days [Rule ].

4.4    HPL can be availed with or without medical leave [Rule 29 (4)].

4.5    While affording HPL credit, fraction shall be rounded off to the nearest day [Rule 29 (5)].

Commuted Leave (Medical Leave)

5.1    Commuted Leave not exceeding half the amount of HPL days can be taken on medical ground [Rule 30 (1)]. Full leave salary is paid for the period.

5.2    Commuted Leave can be availed without medical certificate : (a) Maximum up to 90 days in entire service if availed for an approved course of study certified in public interest [Rule 30 (1-A)]. (b) Maximum up to 60 days by female employee if taken in continuation of maternity leave [Rule 43 (4)]. (c) Maximum upto 60 days by a female employee with less than two living children if she adopts a child less than one year old [Rule 43-B].

5.3    It cannot be granted as leave preparatory to retirement [Rue 30 (1)(a)].

5.4    For every Commuted Leave (Medical Leave), two HPL leaves is debited [Rule 30 (1) (d)].

5.6    If an employee granted commuted leave quits service voluntarily without returning to duty, the commuted leave shall be treated as HPL and excess payment shall be recovered accordingly. If retirement is due to ill-health incapacitating in further service or in the event of death, recover should not be made [Rule 30 (2)].

5.7    It may be granted at the request of the employee even when EL is available [Rule 30].

5.8    Medical Certificate is required for such leave [Rule 30, GID 5].

Maternity Leave

6.1    Maternity Leave is admissible to married/unmarried female employee during: (a) pregnance -180 days only with less than two surviving children [Rule 43 (1)]. (b) Miscarriage/Abortion (induced or otherwise) – Total 45 days in the entire service admissible irrespective of number of surviving children supported by relevant certificate [Rule 43 (3)].

6.2    Full pay is granted during the period [Rule 43 (2)].

6.3    It can be combined with leave of any kind [Rule 43 (4)].

6.4    Period of such leave counted as service for increments [FR 26 (b)].

6.5    Period of such leave is counted for grant of pension [Rule 21 of CCS (Pension) Rules].

Paternity Leave

7.1    Admissible to Male employee with less than two surviving children. Apprentices are also eligible. It may also be granted on valid adoption of child below the age of one year for a period of 15 days.

7.2    It may be granted before 15 days of delivery and within 6 months of delivery/adoption. If not availed, it is treated as lapsed [Rule 43-A & 43-AA].

7.3    Full leave salary is paid during this period.

7.4    Children includes a child taken as ward under the Guardians & Wards Act, 1890 subject to conditions [Rule 43-AA, Note: 2].

Child Care Leave (CCL)

8.1    Admissible to woman employee maximum to 730 days upto two surviving children up to 18 years of age of the child in entire career for: (a) Rearing (b) Sickness (c) Examination etc. It can be combined with leave of other kind [Rule 43-C].

8.2    It is also admissible to single male parent also [Para 9.2.10 of VII CPC Report].

8.3    CCL is granted at 100 % of salary for first 365 days & 80 % of salary for next 365 days [Para 9.2.9 of VII CPC report].

8.4    CCL may be granted to single mothers for six spells in a calendar year [Para 9.2.10 of VII CPC Report].

8.5    From 13/06/2018, it may not be granted for less than a period of 5 days at a time [DoPT OM dtd: 22/06/2018].

8.6    CCL should not be sanctioned during Probation Period except in certain extreme condition.

8.7    During the period of CCL, an employee may be permitted to leave head quarter with prior approval of the competent authority.

8.8    LTC may be availed during CCL.

8.9    It requires prior sanction.

Study Leave

9.1    It is granted to government employee with not less than 5 years of service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his/her duties to improve his/her ability as a civil servent [Rule 50 (1) & (2)].

9.2    Sanctioning authority – Concerned Ministry/Department/CAG [First Schedule Sl. No. 3].

9.3    The course/training should be certified to be of definite advantage to the Government and in public interest [Rule 50 (3)].

9.4    The particular study/study tour is required to be approved by the sanctioning authority [Rule 50 (2)].

9.5    The official on his/her return is require to submit a full report on the work done during his/her study leave [Rule 50 (2)].

9.6    Granted to officials completed probationary period successfully & render service not less than 5 years including the probation period [Rule 50 (5)].

9.7    Maximum Period is 36 months for Central Health Services (CHS) officers & 24 for others in entire service and may be granted at a stretch or in different spells [Rule 51 & GIDs (1) & (2)].

9.8    It may combine with other kind of leave subject to maximum continuous absent shall not exceed 28 months generally and 36 months for study leading to Ph.D degree [Rule 54].

9.9    The official is required to submit requisite bonds in the prescribed form [Rule 53 (4)].

9.10    Before granting leave for outside India, Finance Ministry’s agreement for release of foreign exchange is required [Rule 50 93)].

9.11    Official who are granted study leave shall not be paid T.A. provided that the President may sanction in the same [Rule 61].

9.12    The cost of study is generally bourn by the government employee but in exceptional cases, the President may grant such fees [Rule 62].

9.13    It may be granted for fellowships offered by the following institutions:-

    (a)    Jawaharlal Nehru Memorial Fellowship.

    (b)     K.K. Birla Foundation.

    (c)    Indian Institutes of Management.

    (d)    Management Development Institute, Gurgaon.

    (e)    Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic

Sciences.

 

9.14    The study leave will be granted for the entire period of fellowship [Rule 51, GID (3)].

 

9.15    If the official resigns or not complete the study course then he/she will require to refund (a) the actual amount of leave salary, study allowance, cost of fees, T.A. (paid if any) and (b) the actual amount if any incurred by other agencies such as Foreign Governments, Foundations, Trusts in connection with the courst of study with interest thereon at the prescribed rates. Such recovery may be waived by the President [Rule 63].

9.16    CHS officers will be entitled for 36 months of study leave for pursuing PG Degree/Diploma/DNB courses conducted by National Board of Examination [Rule 50, GID].

9.17    Study leave may not be granted for- (a) for study out of India if such course is available in India (b) the official scheduled to be superannuated within 03 years & 05 (for CHS officers) years [Rule 50].

 

Extraordinary Leave (EOL)

10.1    Extraordinary Leave (EOL) is granted to Government employee-

    (a) When no other leave is admissible

    (b) When other leave is admissible, but the Government employee applies [Rule 31 (1)].

10.2    EOL cannot be availed concurrently during the notice period when going on voluntary retirement [Rule 32, GID (2)].

10.3    EOL may be admissible to all officials upto 3 months with or without medical certificate [Rule 32 (2)(a)].

10.4    EOL may be admissible to officials with a minimum of one year continuous service upto 6 months with medical certificate for common ailments [Rule 32 (2) (b)].

10.5    EOL may be admissible to officials with a minimum of one year continuous service upto 18 months with medical certificate for: Cancer, Mental illness, Pulmonary tuberculosis or Pleurisy of tubercular origin, Tuberculosis of any part of the body and leprosy [Rule 32 (2) (d)].

10.6    EOL may be admissible to officials with three or more years’ continuous service upto 24 months where the leave is required for the purpose of prosecuting studies certified to be in public interest [Rule 32 (2) (e)].

10.7    EOL may be admissible to officials belonging to SC/ST categories the Head of Departments (HOD) may grant leave exceeding three months for attending the pre-examination training course at the centres notified by the Government from time to time [Rule 32 (4)].

10.8    Two spells of EOL intervened by any other kind of leave should be treated as one continuous spell for the purpose of applying the maximum limit [Rule 32 (5)].

10.9    EOL may also be granted to regularize periods of absence without leave retrospectively [Rule 32 (6)].

Leave Not Due (LND)

11.1    LND may be granted to a permanent employee having no HPL at credit.

11.2    Temporary employee with minimum one year of service and suffering from TB, Leprosy, Cancer or mental illness may also be granted [Rule 31 (1-A)].

11.3    LND is granted on medical certificate exception is incorporated in para 11.4 below [Rule 31 (1)].

11.4    LND may be granted without medical certificate – (a) in continuation of maternity leave [Rule 43 (4)], (b) to female employee on adoption of a child less than one year old [Rule 43-B].

11.5    The amount of LND should be limited to the amount of HPL that the employee is likely to earn subsequently [Rule 31 (1) (b)].

11.6    LND is limited to 360 days in entire service [Rule 30 (1)].

11.7    LND will be debited against the HPL leave account earns subsequently [Rule 31 (1) (c)].

Leave Entitlements for Vacation Department Staff

12.1    Same as Para No. 6 (Maternity Leave)

Special Casual Leave

13.1    Special Casual Leave may be granted for various activities as defined by the government for – Sports events, Cultural activities, Mountaineering/Trekking expeditions, Family planning, Re-employed ex-serviceman, Union/Association Activities, Natural Calamities, Bandhs etc., Meetings connected with Co-operative socities, Kendriya Sachiwalaya Hindi Parishad activities, during elections, Differently abled Central Government employees & for other purposes in different spells of number of days.

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