Leave is a provision to stay away from work for genuine reasons with prior approval of the authorities. It may be granted for a planned activity, or in extra-ordinary conditions. Central Civil Services (Leave) Rules,1972 Conditions : 1. Leave cannot be claimed as a right. 2. When exigencies demand, leave can be refused, but not altered so that there is no depletion of staff to such an extent so as to dislocate work. 3.Leave should not be ordinarily denied during the last ten years of service.
Leave Continuous Leave : Upto 5 years. Exceeding 5 years President has to approve if exceptional circumstances exists. Recall to duty : it is compulsory and : If in india to be treated as on duty from the date he starts for the station to which he is ordered. Entitled to travelling allowance as per rules Entitled to leave salary until he joins, at the same rate he would have drawn but for his recall. Out of India- time spent on voyage to India as a part of duty. Entitled to leave salary, free passage to India. Refund of cost of passage from India if he has not completed half his leave or 3 months whichever is shorter Travelling allowance from place of landing in India to office.
Return from leave Not to return to duty before expiry of period of leave unless permitted to do so by the CA. On leave preparatory to retirement return is permitted with the consent of the authority competent to appoint him to the post from which he proceeded on leave. On medical leave until he has produced Fitness Certificate, Form 5. In case of Non-Gazetted certificate by Registered Medical Practitioner can also be accepted.
Absence after expiry of leave: Unless the CA extends the leave Government Servant who remains absent is entitled to No-Leave Salary, and such period shall be debited against his leave account as though it were half-pay leave to the extent such leave is due, the period in excess of such leave due being treated as Extra- Ordinary Leave. Wilful absence after expiry of leave renders Government Servant to disciplinary action. Wilful period of absence where it stands singly and not in continuation of any authorized leave shall have to be treated as Dies Non for all purposes i.e. Increment, Leave, and Pension, and will constitute an interruption of service for the purpose of pension unless the Pension Sanction Authority treats it only as a period of leave without allowance, the entire past service will stand forfeited.
Unauthorized absence of duty or overstay of leave If Government Servant absents himself abruptly or applies for leave which is refused in the exigencies of service, and still he remains absent from duty, he has to be told of the consequences i.e. the entire period of absence would be treated as unauthorized entailing loss of pay under proviso to FR 17 thereby resulting in break of service. If he reports for duty before or after initiation of disciplinary proceedings he may be taken back. Disciplinary action may be concluded and the decision whether the break should be condoned or not and treated as Dies Non should be taken only after the conclusion of the disciplinary proceedings and after the Government Servant represents in this regard. However if the authority is satisfied that the grounds for the absence are justified leave due and admissible may be granted.
Types of Leaves Earned Leave Half Pay Leave Commuted Leave Extra Ordinary Leave Leave Not Due Maternity Leave Paternity Leave Child Care Leave Study Leave Hospital Leave Child Adoption Leave …….etc. Casual leave is not a recognized form of leave & not subject to any rules made by the Govt. of India. It cannot be combined with any other kind of leave. Casual leave can be combined with Special Casual leave.
Earned Leave Earned leave is earned by duty. Credit of 15 days on 1 st January and 1 st of July every year The credit for half-year in which the Government Servant is appointed to be afforded at the rate of 2 ½ days for each completed calendar month of the service he is likely to render in the calendar half-year in which he is appointed. Same applies for half-year in which the Government Servant is due to retire or resigns. Accumulation upto 300 days in addition to number of days for which encashment has been allowed along with LTC (from 01/09/2008 – including). Unavailed joining time is also credited as EL within the limit of 300 days. EL can be availed up to 180 days at a time.
Half Pay Leave Credited in of 10 days on 1 st January and 1 st of July every year i.e. 20 days of HPL for every completed year of service. Credit for half year in which Government Servant is appointed will 5/3 days for each completed calendar month of service is likely to render in the half-year in which he is appointed.
Commuted Leave This Leave is granted on medical certificate normally. Not exceeding half the amount of half-pay leave due can be taken on medical certificate. It can be taken without medical certificate Up to maximum 90 days in entire service if utilized for approved course of study certified to be in public interest. Up to maximum 60 days to a Female Servant if in continuation of Maternity Leave. Up to a maximum of 60 days to a Female Servant with less than 2 living children if she adopts a child less than 1 year old.
LEAVE NOT DUE(LND) Normally granted on medical certificate. Granted to permanent govt. servant with no half pay leave at credit. It is granted on medical certificate if the CA is satisfied that there is reasonable prospect of the govt. servant returning to duty on expiry. Without medical certificate : if in continuation of Maternity Leave. To a Female Servant with less than 2 living children if she adopts a child less than 1 year old. To a temporary servant if suffering from TB, Leprosy, cancer, mental illness, for total of 360 days in entire career, if he has put in 1 year service, post likely to last till he returns and is accompanied by relevant medical certificate LND to be limited to the half pay leave he is likely to earn subsequently. LND during entire service is limited to maximum of 360 days. LND to be debited against half pay leave earned subsequently. LND cannot be granted as leave preparatory to retirement.
Extra Ordinary Leave (EOL) It is granted to a govt servant in special circumstances- When no other leave is admissible When other leave is admissible but the govt servant applies in writing. It cannot be availed concurrently during notice period of voluntary retirement. Two spell of EOL intervened by any other kind of leave to be treated as one continuous spell for the purpose of applying maximum limit. EOL can be granted retrospectively to regularize periods of absence.
MATERNITY LEAVE Admissible to married/unmarried female employees Pregnancy- 180 days from to employees with less than 2 surviving children. Miscarriage/abortion (induced or otherwise)- 45 days in entire service excluding any such leave taken prior to (prior to CCS(Leave)Amendment Rule, Is irrespective of number of surviving children. Should be supported by medical certificate as per Rule 19(medical leave procedure) Leave not debited to any leave account. Full pay granted. Can be combined with any leave. Counts as service for increment/pension. Any leave (including commuted leave upto 60 days and LND) may be taken without medical certificate upto 2 years in continuation.
PATERNITY LEAVE Male govt servants with less than 2 surviving children. 15 days entitlement. For 15 days prior to delivery or upto 6 months post delivery. No debit to any leave a/c.
CHILD ADOPTION LEAVE For female employees with less than 2 surviving children on valid adoption of child below one year age for period of 135 days from the date of valid adoption. Can be combined with any leave. Any leave (including commuted leave upto 60 days and LND) may be taken without medical certificate upto one year in continuation reduced by age of child on date of adoption, without taking into account the period of child adoption leave.
Child Care Leave 730 Days for women employees in entire service for taking care of upto 2 children below eighteen years of age, whether for rearing up or looking after any of their needs like sickness, examinations etc. Applicable to the 2 eldest surviving children Leave salary last drawn. Can be availed in more than one spell. Third year also allowable as LND without production of medical certificate. It cannot be debited against the leave account.
Study Leave Granted to Government Servant not less than 5 years of service for undergoing special course of higher studies or specialized training in professional or technical subject. Direct and close connection with his sphere of duties or capable for widening his mind in a manner to improve his ability as Civil Servant. Sanctioning authority is the Ministry/Department. Course to be certified to be advantageous to Government from the point of view of public interest. Study should be approved by the authority competent to grant leave. On return he has to submit a full report for the work done during the study leave.
Study Leave: Contd. Not granted for studies out of India if facilities for the same exists in India. If the Official is due to retire in 3 years from the return of his study leave, the same Official with such frequency so as to remove him from his regular work or cause cadre difficulties owing to his absence. Maximum period is 36 months for Central Health Officers and 24 months for others, in entire service. Can be combined with other leave. But continuous absence excluding extra-ordinary leave should not exceed 28 months (36 months for PhD). Requisite bonds are to be executed. If the course falls short for the study leave the Official should resume duty on conclusion of the course. The excess period may be treated as Ordinary Leave. Cost of fees paid for studying to be met by Official, but in exceptional cases President may sanction.
Study Leave: Contd. Official who after availing study leave resigns within 3 years or does so without returning to duty or fails to complete the course should refund the actual amount of leave salary, study allowance, cost of fees, TA and other expenses if incurred by Government. In exceptional cases President may waive/reduce such recoveries.
Special Casual Leave For Sports For Cultural activities Mountaineering/Trekking Expedition Family Planning To re-employed Ex-Servicemen For association/Union activities Natural calamities/bandhs Meetings connected with Co-operative Societies Elections Differently-abled employees