LEAVE RULES - WordPress.com

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GENERAL PRINCIPLES

1.

2.

3.

Leave cannot be claimed as a matter of right.

Sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for.

Earned leave should not ordinarily be denied during the last ten years of service.

4.

Leave of one kind taken earlier may be converted into leave of a different kind at a later date at the request of the official and at the discretion of the authority who granted the leave.

5.

Leave sanctioning authority may commute retrospectively periods of absence without leave into EOL.

6.

No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President.

7.

An official on leave should not take up any service or employment elsewhere without obtaining prior sanction of the Competent authority.

Grand of leave on Medical grounds

 CGHS BENEFICIARY

 CGHS FACILITIES AVAILED BY SPOUSE EMPLOYER

 OUTSIDE THE HEADQUARTERS AMA

 MC/FC IF NOT POSSIBLE FROM AMA/CGHS THEN

RMP

 TREATMENT FROM PRIVATE HOSPITAL

RECOGNISED UNDER CGHS

 PERMANENTLY INCAPACITATED GOVERNMENT

SERVANTS NOT TO BE INVALIDATED.

EARNED LEAVE

 CREDIT

 ACCUMULATION

 FURTER ADVANCE CREDIT IF THE EXISTING

BALANCE IS 286-300 DAYS

 CREDIT WILL BE AFFORDED AT THE RATE OF

 2 ½ DAYS FOR EACH COMPLETED CALENDER

MONTH

 IF RETIRING BEFORE COMPLETION OF 6 MONTHS

CALCULATE @ 2 ½ DAYS FOR EACH COMPLETED

MONTH

EARNED LEAVE

 IN CASE OF DEATH CALCULATION WILL BE SAME

2 ½ DAYS PER COMPLETED CALENDAR MONTH

BEFORE DEATH.

 IN CASE OF

RETIREMENT/RESIGNATION/REMOVAL/DISMISSE

D/DIED IN THE MIDDLE CREDIT SHOULD BE

REDUCED @ 1/10 OF ANY EOL TAKEN IN THAT

HALF-YEAR

 FRACTION OF A DAY WILL BE ROUNDED OFF

WHILE CALCULATION.

EARNED LEAVE

 EL ON ACCOUNT OF UNAVAILED JOINING TIME

UNDER CONDITIONS

 ORDERED TO JOIN THE NEW POST WITHOUT

AVAILING FULL ADMISSIBLE JOING TIME.

 CREDIT OF EARNED LEAVE + UNAVAILIED JOING

TIME SHOULD NOT EXCEED 300 DAYS

 NO ADVANCE CREDIT

EARNED LEAVE

 ONE DAY JOINING TIME IS ADMISSIBLE FOR

TRANSFER WITHIN THE SAME STATION, IF NOT

AVAILED, CANNOT BE CREDITED.

 CAN BE AVAILED UP TO 180 DAYS AT A TIME.

 EXCEPTION: GROUP ‘A’ & ‘B’ IF AT LEAST THE

QUANTUM OF LEAVE IN EXCESS OF 180 DAYS IS

SPENT OUTSIDE INDIA, BANGALDESH, BHUTAN,

BURMA, SRILANKA, NEPAL & PAKISTAN

 CAN BE TAKEN UPTO 300 DAYS AS LEAVE

PREPARATORY TO RETIREMENT.

HALF PAY LEAVE

 UPTO 31-12-1985 CALCULATED AT 20 DAYS FOR

COMPLETED YEAR OF SERVICE.

 FROM 1-1-1986, HPL IS CREDITED IN ADVANCE @ 10

DAYS ON 1 ST JAN AND 1 ST JULY.

 CREDITED @ 5/3 DAYS FOR EACH COMPLETED

MONTH OF SERVICE HE IS LIKELY TO RENDER IN

THE HALF-YEAR.

 CAN BE AVAILED WITH OR WITHOUT MEDICAL

CERTIFICATE

COMMUTED LEAVE

 COMMUTED LEAVE NOT EXCEEDING HALF THE

AMOUNT OF HPL DUE CAN BE TAKEN ON MC.

 UP TO A MAX. OF 90 DAYS IN THE ENTIRE

SERVICE IF UTILISED FOR AN APPROVED COURSE

OF STUDY CERTIFIED TO BE IN PUBLIC INTEREST.

 UP TO A MAX. OF 60 DAYS BY A FEMALE GOVT.

SERVANT IF IT IS IN CONTINUATION OF

MATERNITY LEAVE

 APPLICABLE EVEN FOR ADOPTED CHILDREN OF

LESS THAN ONE YEAR

COMMUTED LEAVE

CANNOT BE GRANTED AS LEAVE PREPARATORY TO

RETIREMENT

IF COMMUTED LEAVE IS TAKEN, TWICE THE NUMBER OF

DAYS AVAILED SHOULD BE DEBITED IN THE HPL

ACCOUNT.

IF GOVT. SERVANT QUITS SERVICE VOLUNTARILY

WITHOUOT RETURING TO DUTY, IT WILL BE TREATED AS

HPL AND EXCESS LEAVE SALARY RECOVERED.

MAY BE GRANTED EVEN WHEN EL IS AVAILABLE.

COMMUTED LEAVE ON MEDICAL GROUNDS MAY BE

ALLOWED TO A GOVT. SERVANT WHO HAS OPTED OUT OF

CGHS, ON THE BASIS OF CERTIFICATED ISSUED BY

HOSPITALS/MEDICAL PRACTITIONERS APPROVED BY THE

EMPLOYER OF THE SPOUSE.

LEAVE NOT DUE

MAY BE GRANTED TO A PERMANENT GOVT. SERVANT WITH NO HPL

AT CREDIT.

TEMPORARY OFFICIALS WITH MINIMUM OF ONE YEAR’S SERVICE

AND SUFFERING FROM TB, LEPROSY, CANCER OR MENTAL ILLNESS

MAY ALSO BE GRANTED LND IF THE POST FROM WHICH THE

OFFICIAL PROCEEDS ON LEAVE IS LIKELY TO LAST TILL HIS RETURN.

MAY BE GRANTED WITHOUT MC IN CONTIUATION OF MATERNITY

LEAVE/ ON ADOPTION OF A CHILD LESS THAN ONE YEAR OLD.

SHOULD BE LIMITED TO THE HPL THAT THE GOVT. SERVANT IS

LIKELY TO EARN SUBSEQUENTLY.

MAX LIMIT 360 DAYS IN THE ENTIRE SERVICE. WILL BE DEBITED

AGAINST THE HPL . CAN’T BE GRANTED IN CASE OF LEAVE

PREPARATORY TO RETIREMENT.

EXAMPLE OF CALCULATION OF EL

& HPL

LEAVE NOT DUE

GOVT. SERVANT GRANTED LEAVE NOT DUE RESIGNS FROM

SERVICE OR PERMITTED TO RETIRE VOLUNTARILY WITHOUT

RETURNING TO DUTY, THE LEAVE NOT DUE SHOULD BE

CANCELLED. LEAVE SALARY SHOULD BE RECOVERED.

GOVT. SERVANT WHO HAVE AVAILED HIMSELF OF LND,

RETURNS TO DUTY BUT RESIGNS OR RETIRES FROM SERVICE

BEFORE HE HAS EARNED SUCH LEAVE, HE SHALL BE LIABLE TO

REFUND THE LEAVE SALARY TO THE EXTENT THE LEAVE HAS

NOT BEEN EARNED SUBSEQUENT LY.

LEAVE SALARY WILL NOT BE RECOVERED IF THE

RETIREMENT IS DUE TO ILL-HEALTH,

INCAPACITATING THE GOVT. SERVANT FOR FURTHER

SERVICE OR IN THE EVENT OF DEATH OR IS RETIRED

PREMATURELY

EXTRAORDINARY LEAVE

 GRANTED TO A GOVT. SERVANT WHEN NO

OTHER LEAVE IS PERMISSIBLE.

 WHEN OTHER LEAVE IS PERMISSIBLE, BUT THE

GOVT. SERVANT APPLIES IN WRITING FOR

EXTRAORDINARY LEAVE.

 CAN’T BE AVAILED CONCURENTLY DURING THE

NOTICE PERIOD, WHEN GOING ON VOLUNTARY

RETIREMENT.

EOL LIMIT

 MAX. FIVE YEARS. SUBJECT TO THIS LIMITATION, ANY AMOUNT OF EOL MAY BE

SANCTIONED TO A PERMANENT GOVT. SERVANT.

TEMPORARY OFFICIALS

:- UPTO 3 MONTHS WITH OR

WITHOUT MEDICAL CERTIFICATE

ONE YEAR CONTINUOUS SERVICE:- UPTO 6 MONTHS WITH MEDICAL

CERTIFICATE.

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 LELPROSY.

OFFICIALS WITH THREE OR MORE YEAR’S CONTINUOUS SERVICE:- UPTO 24

MONTHS, WHERE THE LEAVE IS REQUIRED FOR THE PURPOSE OF PROSECUTING

STUDIES CERTIFIED TO BE IN PUBLIC INTEREST.

TWO SPELLS OF EXTRAORDINARY LEAVE, INTERVENED BY ANY OTHER KIND OF

LEAVE, SHOULD BE TREATED AS ONE CONTINUOUS SPELL FOR THE PURPOSE

OF APPLYING THE MAXIMUM LIMIT.

EOL MAY ALSO BE GRANTED TO REGULARIZE PERIODS OF ABSENCE WITHOUT

LEAVE RETROSPECTIVELY.

LEAVE ENTITLEMENTS FOR

VACATION DEPT. STAFF

THE LEAVE ENTITLEMENTS OF EMPLOYEES OF VACATION DEPTS. ARE THE SAME

AS THOSE SERVING IN NON-VACATION DEPARTMENTS.

NO EARNED LEAVE WILL BE ADMISSIBLE TO A GOVERNMENT SERVANT OF A

VACATION DEPT. IN ANY YEAR IN WHICH HE AVAILS OF THE FULL VACATION.

IF IN ANY YEAR, HE DOES NOT AVAIL HIMSELF OF ANY VACATION OR IS

PREVENTED FROM ENJOYING MORE THAN 15 DAYS OF VACATION, EARNED LEAVE

WILL BE ADMISSIBLE TO HIM FOR THAT YEAR AS TO AN EMPLOYEE OF A NON-

VACATION DEPT.

IF IN ANY YEAR, HE AVAILS OF ONLY A PORTION OF THE VACATION, HE WILL BE

ENTITLED TO EARNED LEAVE IN SUCH PROPORTION OF 30 DAYS, AS THE

NUMBER OF DAYS OF VACATION NOT TAKEN BEARRS TO THE FULL VACATION.

THIS PROPORTIONATE ‘EARNED LEAVE ‘ IS NOT ADMISSIBLE TO TEMPORARY

EMPLOYEES FOR THE FIRST YEAR OF THEIR SERVICE.

THE NON-AVAILING OF VACATION SHOULD BE DUE TO A GENERAL OR A

SPECIAL ORDER OF A HIGHER AUTHORITY ASKING HIM TO FORGO THE

VACATION.

FROM 1-9-2008, HPL IS ADMISSIBLE AS IN THE CASE OF OTHER EMPLOYEES.

VACATION DEPT. STAFF

VACATION CAN BE COMBINED WITH ANY KIND OF LEAVE;

BUT THE DURATION OF VACATION AND EARNED LEAVE

COMBINED SHOULD NOT EXCEED THE AMOUNT OF EL

DUE AND ADMISSIBLE.

VACATION CAN BE COMBINED WITH CASUAL LEAVE.

THE FACILITY OF CREDITING UNAVAILED PORTION OF

JOINING TIME IS ALSO ADMISSIBLE TO PERSONS SERVING

IN VACATION DEPTS.

PERSONS SERVING IN VACATION DEPTS. (INCLUDING

TEACHERS) HAVE BEEN EXTENDED THE BENEFIT OF LEAVE

UNDER THE PROVISIONS OF RULE 28 OF LEAVE RULES,

FOR THE DURATION IN WHICH SUCH STAFF HAVE BEEN

UTILISED FOR SCHOOL WORKS/ACTIVITIES DURING

VACATION.

MATERNITY LEAVE

ADMISSIBLE TO MARRIED/UNMARRIED FEMALE EMPLOYEE.

PREGNANCY:- 180 DAYS FROM 1-9-2008. ADMISSIBLE ONLY TO

EMPLOYEES WITH LESS THAN TWO SURVIVING CHILDREN.

MISCARRIAGE/ABORTION:- TOTAL 45 DAYS IN THE ENTIRE

SERVICE

CAN BE COMBINED WITH LEAVE OF ANY OTHER KIND.

COUNTS AS SERVICE FOR INCREMENTS, PENSION.

NOT ADMISSIBLE FOR ‘THRETENED ABORTION’. BUT

ADMISSIBLE FOR INDUCED ABORTION.

GRANTED ON FULL PAY, NOT DEBITED TO THE LEAVE ACCOUNT.

IN THE CASE OF OFFICIALS TO WHOM THE PROVISIONS OF ESI

ACT APPLY, THE LEAVE SALARY WILL BE REDUCED BY THE

BENEFIT ADMISSIBLE UNDER THE ACT FOR THE

CORRESPONDING PERIOD.

PATERNITY LEAVE

MALE GOVT. SERVANT WITH LESS THAN TWO SURVIVING

CHILDREN. APPRENTICES ARE ALSO ELIGIBLE. ALSO ALLOWED

ON VALID ADOPTION OF A CHILD BELOW THE AGE OF ONE

YEAR.

DURATION:- 15 DAYS . BEFORE OR AFTER DELIVERY OF THE

CHILD.(TIME LIMIT: 6 MONTHS)

MAY BE COMBINED WITH ANY OTHER LEAVE EXCEPT CASUAL

LEAVE.

 IF THE LEAVE IS NOT AVAILED WITHIN SIX

MONTHS IT WILL BE LAPSED.

 IT IS PRMISSIBLE FOR VALID ADOPTION OF A

CHILD

LEAVE TO FEMALE GOVT. SERVANT

ON ADOPTION OF CHILD

 From 22-7-2009, for a period of 180 days immediately after the date of valid adoption.

 Can be combined with leave of any other kind. Leave salary will be equal to the pay drawn immediately before proceeding on leave.

 In continuation, leave of the kind due and admissible(including leave not due and commuted leave not exceeding 60 days without production of Medical certificate) for a period of one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of Child Adoption Leave.

CHILD CARE LEAVE

730 days in the entire service

Shall be admissible till child attains 18 years.

Shall not be debited against the leave account.

May be allowed for the third year as leave not due and commuted leave up to 60 days (without production of medical certificate)

Requires prior sanction. Intervening holidays will count as in the case of earned leave.

Can not be granted more than 3 spell in a year.

Can not be granted for less than 15 days.

Should not be sanctioned during probation period .

LTC can not be availed during CCL.

In case of disabled/mentally challenged children, it is permitted up to the age of 22 years subject to conditions and submission of certificates.

Special disability leave

 Admissible to all employees a) When disabled by injury intentionally or accidentally inflicted or caused in, or in consequence of the due performance of official duties or in consequence of official position.

 b) When disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same conditions.

SPECIAL DISABILITY LEAVE

The period of leave will be as certified by an AMA subject to a maximum of 24 months.

Will not be debited to the leave account.

May be combined with any other kind of leave

Will count as service for pension.

First 120 days will be the pay last drawn and for the remaining period, it will be equal to leave salary during half pay leave. The half pay leave so taken will be debited to his leave account.

If the official is entitled to any benefit under the

Workmen’s compensation act or the Employees’ State

Insurance act, the amount of leave salary will be reduced by the amount of benefit payable under the above Acts.

HOSPITAL LEAVE

Admissible to Group ‘C’ and Group ‘D’ employees.

Applicable to employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and other hazardous tasks.

Medical certificate from AMA is necessary.

May be combined with any other kind of leave due and admissible provided the total period of leave does not exceed 28 months.

Leave salary for the first 120 days will be the pay last drawn and for the remaining period, it will be equal to leave salary during half pay leave.

HL will not be debited to the leave account.

If the official is entitled to any benefit under the Workmen’s

Compensation Act of the Employees’ State Insurance Act, the amount of leave salary will be reduced by the amount of benefit payable under the above Acts.

STUDY LEAVE

 Granted to Govt. servants with not less than five years’ 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 duties or being capable of widening his mind in a manner likely to improve his ability as a civil servant.

SANCTIONING AUTHORITY

 Ministry/Dept. of Central

Govt/Administrator/Comptroller and Audit-general of

India.

 Course should be certified to be of definite advantage to Govt. from the point of view of public interest.

 The particular study or study tour should be approved by the authority competent to grant leave.

 The official on his return should submit a full report on the work done during study leave.

Not granted

 For studies out of India if facilities for such studies exist in India.

 To an official due to retire within three years of return from the study leave.

 To same official with such frequency as to remove him from contact with his regular work or cause cadre difficulties owing to his absence on leave.

 The official should have satisfactorily completed period of probation and rendered not less than five years of regular continuous service including the period of probation.

Leave period

 Max. 36 months for CHS officers and 24 months for others in the entire service and may be granted at a stretch or in different spells.

 Will not be debited to the leave account. May be combined with any other leave due, but max. period of continuous absence, including vacation, if any, but excluding extraordinary leave, should not exceed 28 months generally, and 36 months for study leading to

Ph.D. degree.

Leave salary

 Outside India:- Pay last drawn + DA + HRA along with study allowance.

 India:- Pay last drawn + DA + HRA. Stipend,

Scholarship or remuneration for any part-time employment during the period of study leave should be adjusted against the leave salary subject to the condition that the leave salary will not be less than that admissible during half pay leave.

COST OF FEES PAID FOR STUDY

 Generally met by the Govt. servant. But in exceptional cases the President may sanction the grant of such fees. In no case the cost of fees will be paid, if he is in receipt of scholarship or stipend from whatever source or if he is permitted to receive or retain, in addition to his leave salary, any remuneration in respect of parttime employment.

Resignation or retirement after study leave or not completing the course of study

 Should refund (i) the actual amount of leave salary, study allowance, cost of fees, T.A. and other expenses if any incurred by the Govt. and (ii) the actual amount, if any, of the cost incurred by other agencies such as

Foreign Govts, Foundation, Trusts in connection with the course of study, with interest thereon at the prescribed rates. In exceptional cases, the President may waive or reduce such recoveries.

Leave salary advance

 All officials including those on foreign service, if the leave taken is for not less than 30 days, are eligible to draw this advance.

 Advance not exceeding the leave salary including allowances, for the first 30 days of leave after deducting the recoveries, e.g. Income tax, GPF subscription, recovery of advance of GPF, house rent, recovery of other advances, etc.

Casual leave

Casual leave can be combined with SPL Vacation but not with any other kind of leave.

Cannot be combined with joining time.

Sundays and Holidays falling during a period of Casual leave are not counted as part of Casual leave.

Sundays/Public holidays/restricted holidays/weekly offs can be prefixed/suffixed to casual leave.

Casual leave can be taken while on tour, but no daily allowance will be admissible for the period.

LTC can be availed during casual leave.

Normally be granted for more than 5 days at any one time, except under special circumstances.

SPECIAL CASUAL LEAVE

In sports events:- (a) Admissible up to a max. of 30 days in a calendar year for attending

Coaching, training camps under RAKCS or similar.

Coaching or training camps at NIS, Patiala.

Coaching camps in sports organized by National sports Federation Sports

Boards recognized by Govt.

Admissible up to a maximum of 10 days in any one year for participating in inter-Ministerial and inter-Departmental tournaments and sporting events held in and outside Delhi.

Admissible up to a max. of 10 days in any one year for participating in inter-

Ministerial and inter-Departmental tournaments and sporting events held in and outside Delhi.

(b) Sportsperson getting seriously injured or being hospitalized during the

Telecom Sporting events subject to the overall ceiling of 30 days in a calendar year admissible for sporting events.

In cultural activities

 (a) Admissible to employees taking part in cultural activities like dance, drama, music, poetic symposium etc. of an All India, or Inter-state character organized by or on behalf of the central secretariat sports control board or on its behalf subject to the overall limit of 30 days in one calendar year.

 (b) Admissible to employees participating in dancing and singing competitions at Regional, National or

International level, organized by Govt.of India/Govt. sponsored bodies (15 days in a calendar year)

Mountaineering/Trekking expeditions

 Admissible for participating in mountaineering/trekking expeditions approved by the

Indian Mountaineering Foundation or organized by

Youth Hostels Associations of India, up to a max. of 30 days in one calendar year.

For family planning

(a ) Male employee:

(i) 5 working days admissible –vasectomy operation, 21 days for undergoing recanalization operation. Max. 3 working days if his wife undergoes tubectomy, laparoscopy or salpingectomy operation. The leave should follow the date of operation.

(b) Female employee:

(ii) 10 working days admissible – tubectomy/laparoscopy. Admissible for salpingectomy operation after Medical Termination of Pregnancy. Not admissible if Maternity leave is availed. (iii)Admissible for one day on the day of IUCD/IUD insertion/reinsertion.

(iv) Max. of 21 days admissible for undergoing recanalization operation.

(v) Admissible for one day on the day of operation when the husband undergoes vasectomy operation.

To Re-employed Ex-Servicemen

 15 days in a year for (i) appearing before Medical Resurvey Boards for assessment of disability pension; and

(ii) attending Artificial Limb Centers for replacement of artificial limb(s) or for treatment of injuries sustained during operation. It includes transit time both ways on the basis of medical discharge certificates.

Union/Association Activities

 (i) 20 days to the office-bearers of recognised Service

Associations/Unions for participation in the activities of Associations/Unions;

 (ii) 10 days to outstation delegates/members of

Executive Committee for attending its meetings.

 (iii) 5 days to local delegates and local members of

Executive Committee for attending its meetings.

Natural calamities, Bandhs, etc.

 Heads of Dept. may grant Special casual leave to employees residing at places 3 miles away from their office, when they are unable to attend office due to dislocation of traffic arising out of natural calamities, bandhs, etc. If the absence was due to picketing or disturbances or curfew, Special casual leave may be granted irrespective of the distance from residence to office.

During Elections

 Employess enrolled as voters in a constituency but having offices in another constituency, are entitled to a day’s Special casual leave on the day of Election in their home constituency to enable them to exercise their franchise if their offices are not closed on that day.

Differently abled Central Govt.

Employess

 Special casual leave not more than 10 days in a calendar year may be granted to attend

Conferences/Seminars/Training/Workshop related t

Disability and Development-related programmes organized at National and State level agencies.

 Absence of excess of 10 days may be treated as regular leave due and admissible and it can also be combined with regular leave.

 Additional causal leave of 4 days to be treated as

Special casual leave.

Combination of Casual/regular leave with SPL

 Combination of Casual leave or regular leave(e.g EL,

HPL, etc) with Special casual leave is permissible, but combination of both casual leave and regular leave with Special Casual Leave is not permissible.

 LTC during Special Casual Leave: LTC can be availed of during Special casual leave.

EXAMPLE OF CALCULATION OF EL

& HPL

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