LEAVE RULES - Article from Sri. K.V.Sridharan
Leave - General
● Maximum Leave that can be availed continuously is 5 years.
● Conversion of leave is applicable only within 30 days from the date of return from leave.
● No conversion of leave after retirement.
● Fitness certificate need not be obtained from the same doctor who issued medical certificate.
● No EL can be rejected to those having five years of service for superannuation.
● Availability of EL has no bearing on sanction of LND.
● Maternity leave will be treated as qualifying service.
● Leave sanctioning authority should not alter the nature of leave applied.
● Employees with disabilities entitled 4 additional casual leave.
● HSG-I official is competent to relieve officials up to three days leave.
● Separate permission is not necessary for leaving the station if the leave address is indicated in the leave application.
● Leave sanctioning authority can commute retrospectively periods of absence without leave in to EOL.
● Absence from duty after expiry of leave is debited to HPL account and liable for disciplinary action.
● Return to duty before expiry of leave requires permission.
● Leave not to be granted to those on suspension, likely to be dismissed/removed/ compulsorily retired.
● Any claim to encash the leave at credit losses from the date of issue of dismissal/ removal/ resignation-exception Rule – 39.
● Kinds of leave:
EL, HPL, Commuted Leave, LND, EOL
● Special kinds of leave: Maternity Leave, Paternity Leave, Child adoption Leave, Child Care Leave, Work Related illness and injury Leave, Casual Leave.
● Casual leave entitled - 8 days in a calendar year.
● Joined in the middle of the year - Discretion to grant full 8 days or proportionate days.
● CL cannot be combined with any other kind of leave.
● CL can be taken for 1/2 day also.
● Normally, it shall not be granted more than 5 days at one time.
● 15 days will be credited on 1st Jan and 1st July every year in advance.
● Credit to be given is reduced by 1/10th EOL+NQS of previous half year subject to maximum of credit given.
● Maximum 300 days: If advance credit results in 300+, the same is kept separately for set off against leave availed in that half year; any balance not availed is lapsed.
● Procedure of 300+ is not applicable to credit of unavailed Joining Time.
● Credit in any half year will be at the rate of 2 1/2 days of full calendar month of service on account of appointment/cessation of service.
● Maximum EL that may be granted is 180 days at any one time. Exception exists.
Half Pay Leave
● 10 days in advance every year on 1st Jan and 1st July.
● Credit is reduced by 1/18th of dies non (including suspension treated as non duty) of previous half year subject to maximum of credit given.
● Credit in any half year will be at the rate of 5/3 days each completed
calendar month of service on account of appointment/ cessation of service.
● Double the commuted leave availed is debited against HPL account.
● LND and over stayal of leave are also debited to HPL account.
● Can be availed only on health grounds on production of medical certificate.
(a) Maximum of 180 days in the entire service for an approved course of study. (b) Maximum of 60days in continuation of Maternity Leave.
(C) Maximum of 60days granted for adoption of child.
● If retires voluntarily in continuation of commuted leave without returning to duty, the same is treated as HPL and excess paid leave salary is recovered (not applicable to invalid retirement or in death cases) LND and EOL
● Sanctioned when no HPL is at credit. It shall be debited in HPL account.
● Granted only on Medical Certificate.
● Maximum360 days in the entire service.
● Un adjusted (-) balance in the HPL account is liable for recovery on resignation and retirement- exception invalid retirement, death or compulsory retirement.
● If retired or resigned during LND, it shall be cancelled and leave salary recovered.
● EOL entails no leave salary.
● Admissible to female government servant with less than two surviving children.
● 180 days from the date of commencement.
● Leave of any kind due and admissible up to two years may be sanctioned in continuation of maternity leave.
● For miscarriage and abortion 45 days in the entire service. No restriction in the number of children.
Child Care Leave
● Admissible for female government servants for taking care of up to two children up to the age of 18 years and for disabled children with 40% irrespective of the age.
● 730 days in the entire service. For first 365 days Full pay, after that - 80 % pay.
● CCL may also be allowed for the third year as LND without production of medical certificate.
● Requires prior sanction
● Intervening holidays are part of leave like EL
● Not to be granted in more than three spells in a calendar year. 6 times in case of single female parent.
● Not to be granted for less than 5 days in one spell
● CCL is now eligible for single male parent (widower)
● Admissible to male Government servant of 15 days during the wife confinement.
● To be applied up to 15 days before or up to 6 months from the date of delivery.
● Not to be refused normally under any circumstances.
Work Related illness and injury leave.
● All employees disabled by injury intentionally or accidentally inflicted or caused in or in consequence of due performance of duties/official position.
● Disabled by illness caused by the performance of any duty which has the effect of increasing disability to illness beyond the ordinary risk attracting to the post for this if certified by AMA. Period of leave can be availed not exceeding 24 months.
● For the entire period of hospitalization - Full pay.
● Beyond that 6 months immediate - Full pay.
● After 6 months for further 12 months - Half pay. (It can be commuted)
● No ELor HPLshall be credited during the period of ‘ WRILL’.
Child Adoption Leave
● Admissible for female Government servants with less than two surviving children.
● For valid adoption of a child below the age of one year.
● 180 days immediately after the date of valid adoption.
● In continuation, leave of any kind may be granted up to one year reduced by the age of adopted child on the date of valid adoption, without taking in to account CAL.
Leave – You Must Know
● M. C. can be submitted within 2 days. But intimation must be given.
● Child Care Leave can be availed if EL is at credit.
● Spinster or widow is entitled for Maternity Leave.
● LND can be granted even EL is at credit.
● No commutation of HPL for encashment of Leave salary.
● Encashment of HPL is admissible to make up for short fall of EL subject to maximum of 300 days.
● Encashment of EL is available for Home Town LTC also.
● Encashment of EL is not admissible on dismissal/removal.
● For calculation of Special CL for undergoing Family planning, intervening holidays should be ignored.
● EOL in connection of Maternity Leave without medical certificate is not treated as qualifying service for increment/pension.
● Except CL, no other kind of Leave can be granted for half day.
● Entitlement of full period of Maternity Leave is not related to the death of the new born child.
● An official can write Departmental exam while on leave.
Thanks to Mr. K.V.Sridharan, Ex General Secretary, AIPEU Group C
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