Leave Rules of Government of India

Transcription

1 Leave Rules of Government of India The following kinds of Leave are admissible i. Casual Leave ii. Restricted Holidays (RH) iii. Special Casual Leave iv. Compensatory Leave v. Quarantine Leave vi. Earned Leave vii. Medical Leave (Commuted Leave) viii. Maternity Leave ix. Paternity Leave x. Special Disability Leave (Hospital Leave) xi. Leave on Half Pay xii. Study Leave xiii. Extra-ordinary Leave xiv. Leave not Due i. Casual Leave(CL) a) Casual leave is not a recognized form of leave. Technically, therefore an employee on CL is not treated as absent from duty. b) An employee may be granted casual leave of not more than 8 days in a calendar year, subject to a limit of five days at a time (Establishment & Admn.2003) c) Essentially intended for short periods. It should not normally be granted for more than 5 days at a time except under special circumstances. d) Sundays or closed holidays falling at the beginning or at the end or in between the days on which an employee is on casual leave, shall not count towards casual leave. e) Casual leave can be combined with Special Casual Leave but not with any other kind of leave or combined with the joining time (EL/Commuted Leave etc.) f) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave. g) Casual leave can be taken while on tour but no daily allowance will be admissible for the period. LTC can also be availed on casual leave. h) Casual leave can be taken for half a day also i) Unspent casual leave shall not be carried forward to the next calendar year. j) Individuals appointed and joining duty during the middle of a year may avail of Casual Leave proportionately or to the full extent at the discretion of the competent authority. ii. Restricted Holidays (RH)

2 An employee is entitled to avail 2 Restricted Holidays of his choice as per the Gazetted/Restricted Holidays list issued every year. Restricted Holiday (RH) can be prefixed or suffixed to regular leave or casual leave. iii. Special Casual Leave (SPL) In addition to the casual leave, special casual leave may be granted to an employee for enabling him/her to undertake specific assignment of official nature, e.g., such leave may be granted to a sportsman for participating in a tournament, cultural activities, mountaineering expedition or to an employee to enable him to attend the meeting of employees associations and promoting family planning, etc. (Combination of Casual/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. Intervening holidays to be excluded. Viz., Sundays/Saturdays/Gazetted holidays should be excluded for the purpose of accounting Special Casual Leave. LTC can be availed during special casual leave.)) iv. Compensatory Leave An employee upto Grade III required to perform duties on a Saturday, Sunday or a closed holiday may be given compensatory leave for a corresponding number of days provided that he/she will not be entitled to draw any overtime allowance admissible to him/her for those days. PROVIDED further that compensatory leave shall not be accumulated by an employee for more than three days and shall not be carried forward to the next calendar year. v. Earned leave a) Accumulation Earned leave can be accumulated upto 300 days. b) The credit to be added to the leave account of each employee in respect of earned leave at the commencement of each calendar half year, that is, on 1 st January and 1 st July shall be at uniform rate of 15 days. The leave at the credit of an employee at the close of the previous half-year will be carried forward to the next half-year subject to the condition that leave so carried forward plus the credit for the half-year does not exceed the maximum limit of 300 days. The number of days of lapsed/unutilized leave will be shown separately. c) Earned leave will be credited to the leave account at the rate of 2 1 / 2 days for each completed month of service which the employee is likely to render in the calendar half-year in which he/she is appointed. For example, if he/she is appointed on 13 th March, the number of complete months of his service in that half-year will be 3 and the credit will be 7 1 / 2 days rounded to 8 days.

3 d) The credit for the half-year in which an employee is due to retire or resigns from the service will be added only at the rate of 2 1 / 2 days per completed month in that half-year upto the date of retirement/resignation. If in the case of an employee who resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment will be made in respect of leave salary overdrawn, if any. e) When adding credit under the above method, fractions of a day will be rounded off to the nearest day. f) The credit addded above, shall be reduced by 1/10 th of the period of extraordinary leave availed of during the previous half year, subject to a maximum of 15 days. g) Earned leave can be availed upto 180 days at a time. h) Earned leave shall not be granted for more than 180 days at a time, but not exceeding 240 days to Grade I and II 0fficers, provided that the official spends the excess quantum of 180 days of leave outside India. i) Earned leave should not ordinarily be denied to any employee, especially in the last 10 years of service. Earned leave can also be taken upto 300 days as leave preparatory to retirement. j) Application for earned leave should be forwarded at least 15 days in advance vi. Commuted Leave a) Every application for leave on medical ground made by an employee of the Council shall be accompanied by a medical certificate issued by the Authorised Medical Attendant/Medical Officer of CGHS or a Medical Officer of a Government Hospital or Government Approved Hospital or Registered Medical Practitioner, as the case may be defining, as clearly as possible, the nature and probable duration of the sickness. b) The Medical Officer concerned shall not recommend the grant of leave in any case in which there appears to be no reasonable prospect that the employee concerned will ever be fit to resume duties and in such cases, the opinion that the employee is permanently unfit shall be recorded in the medical certificate. c) The Authority competent to sanction leave may secure a second medical opinion by having the applicant medically examined by a Civil Surgeon/Medical Board. d) Grant of medical certificate under this rule does not in itself confer upon the employee any right to leave. e) The authority competent to grant leave is satisfied that there is reasonable prospect of the employee returning to duty on its expiry. f) When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due. g) The employee granted commuted leave resigns from service or at his request permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave shall be recovered. Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the employee for further service or in the event of his death.

4 vii. Quarantine Leave An employee may be granted quarantine leave for such periods not exceeding 21 days or 30 days in exceptional circumstances, as may in each case be necessary, on production of a certificate from a Medical or Public Health Officer that there is a communicable infectious disease in the family or household of the employee and that he should not be permitted to attend office. Where the employee himself suffers from such a disease he will not be eligible for quarantine leave. An employee on quarantine leave is not treated as absent from duty and his pay is not intermitted. viii. Maternity Leave a) Maternity Leave for a period not exceeding 135 days from the date of its commencement may be granted to a female employee of the Council with less than two surviving children. The grant of leave should be so regulated that the date of confinement falls within the period of this leave. (Maternity leave is not debitable against the leave account). It is granted on full pay and counts as service for increments. It may be combined with any other kind of leave. Any leave (including commuted leave upto 60 days and leave not due) may be taken in continuation to the maternity leave without medical certificate upto one year in continuation. b) Miscarriage/abortion (induced or otherwise) : Total 45 days in the entire service. Admissible irrespective of number of surviving children. It may also be granted in cases of miscarriage and abortion, including the abortion induced under the Medical Termination of Pregnancy Act 1971 subject to the condition that the leave does not exceed 6 weeks from the date of miscarriage including abortion and the application for leave is supported by a medical certificate from the Authorised Medical Attendant. Not admissible for threatened abortion. c) Leave to a female employee on adoption of a child : A female employee on adoption of a child may be granted leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of a medical certificate) for a period upto one year or till such time the child is one year old, whichever is earlier. However, this facility will not be admissible in case she is already having two surviving children at the time of adoption. ix. Paternity Leave Eligibility : Male employees with less than two surviving children. Trainees are also eligible. Duration : 15 days during wife s confinement. Leave salary equal to last pay drawn. Not to be debited to the leave account. May be combined with any kind of leave except casual leave. To be applied upto fifteen days before or upto six months from date of delivery and if such leave is not availed of during this period, it shall be treated as lapsed. It may not normally be refused under any circumstances.

5 x. Special Disability Leave (Hospital Leave) a) It is admissible to an employee of the Council in the case of injury sustained in the course of official duties including journeys undertaken for special purposes. b) It may be granted on full pay upto 120 days and such leave shall not be debited against the leave account. c) It may be granted more than once if the disability is aggravated or recurs in similar circumstances at a later date, but the maximum leave in consequence of any one disability should not exceed 24 months. d) The 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. In such cases, beyond the first 120 days, the official may take half pay leave (at his credit) for another 120 days alongwith the special disability leave simultaneously and get leave salary equal to that on earned leave. The half pay leave so taken will be debited to the leave account. e) It may be combined with any kind of leave f) If the employee is entitled to any benefit under the Group Insurance Act etc., the amount of leave salary will be reduced by the amount of benefit payable under the above Act. xi. Leave on Half Pay a. An employee shall be eligible for leave on half pay for 20 days for each completed year of his service to be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year. b. An employee may be granted leave on half pay A. on a certificate of sickness from an authorized medical officer B. on private affairs. C. Upto a maximum of 180 days in the entire service period if utilized for an approval course of study certified to be in public interest (with out medical certificate) c. Leave on half pay on a medical certificate of sickness may be commuted to leave on full pay due on half pay. The leave account of the employee will be debited for twice the period of such commuted leave. d. The credit for the half year in which the employee is due to retire/resigns will be afforded at the rate of 5/3 days for each completed calendar month of service in that half-year upto the date of retirement/resignation. e. The credit for the half-year in which an employee is removed/dismissed from service or dies in service will be afforded at the rate of 5/3 days per completed calendar month upto the end of the calendar month preceding the last calendar month of service. xii. Study Leave An employee may be granted study leave by the competent authority for the purpose of prosecuting higher studies or undergo, in or out of India, a special

6 course of study or a special course of training in a professional or technical subject, provided such higher or special studies and/or training have a direct and close connection with the sphere of his duties and which in the opinion of the Chairman shall be of definite advantage to the Council. An employee may be granted study leave subject to following terms and conditions : a) It shall be granted only to an employee who has been confirmed and has put in not less than three years of service in NPC. b) The minimum period for taking study leave is three months and maximum 36 months. c) An employee can avail study leave in more than one spell also subject to the condition that such study leave availed of in different spells and any leave except extra ordinary leave taken in combination should not exceed 28 months For study leading to the award of Ph.D Degree the total period of leave including study leave should not exceed 36 months. For Jawaharlal Nehru Fellowship awardees the entire period of fellowship may be granted as study leave. (Swamy s FRSR Leave Rules Part III pg.86 refers for 24 months). d) Half pay leave upto a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilized for an approved course of study, that is, a course which is certified to be in the Council s interest by the competent authority. e) The competent authority for sanctioning study leave upto Directors Grade II is the Director General. For Director Grade I and above, the Chairman shall be the sanctioning authority. f) Study Leave out of India shall not be granted for the prosecution of studies in any subject for which adequate facilities exist in India. g) Study leave shall not be granted to an employee who is due to retire within a period of 3 years of the date on which he is expected to return to duty after the expiry of leave. h) An employee who is granted such leave shall be required to execute a bond in the prescribed form to the effect that he will serve NPC at least for a period of twice the study leave period after his return to duty. i) If an employee resigns from service of the NPC or otherwise quits service without returning to duty after the period of study leave or within the bond period, he shall be required to refund i. a lumpsum of Rs.10,000/- plus ii. the actual amount of leave salary received by him during the period of study leave plus any other expenses incurred by the NPC in this connection together with interest at the current bank rate. iii. the amount mentioned in clause (ii) above shall be proportionately reduced depending on the shortfall in the bond period. j) Before proceeding on study leave an employee shall

7 A. give in writing his acceptance of the study leave rules; B. produce travel documents before the competent authority (permission to proceed on study leave shall be given only if the employee is in possession of a student visa). k) The course or courses of study contemplated by the employee and any examination which he proposes to undergo shall be clearly specified in the application for the grant of study leave. l) The employee shall be required to submit a quarterly report of the work done during the course of study. m) If the employee is unable to successfully complete the course taken up due to faults of his/her own, the leave salary debited to him during the period of study leave should be returned to the Council. n) Study Leave shall not be debited against the leave account of the employee. o) During study leave an employee shall be entitled to leave salary A.. Outside India : Pay last drawn plus Dearness Allowance, House Rent Allowance, Compensatory (City allowance) and in addition, Study Allowance admissible B. In India : Leave salary will be equal to pay last drawn plus Dearness Allowance, HRA and CCA. No Study Allowance admissible. Stipend, scholarship, 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 that admissible during half pay leave. Note : HRA and CCA are payable for the first 180 days at the rates applicable at the last place of duty, continuance beyond 180 days will be subject to the production of prescribed certificates for the drawal. p) The number of NPC officers on study leave at any one time shall not exceed 10% of the total strength of the officers of the rank of Assistant Directors and above. q) No traveling allowance shall be admissible for proceeding on study leave or on return therefrom. r) Study leave shall not be granted with such frequency as to remove the employee from contact with his regular work as to cause difficulties owing to his absence on leave. xiii. Leave not Due a) It may be granted without medical certificate (a) in continuation of maternity leave (b) to a female employee with less than two living children on adoption of a child less than a year old b) The amount of leave should be limited to the half pay leave that the employee may earn subsequently. c) Leave not due may be granted upto a limit of 360 days during the entire service. d) It cannot be granted in the case of Leave preparatory to retirement e) When an employee granted leave not due resigns from service or is permitted to retire voluntarily without returning to duty, the leave not

8 due should be cancelled. The resignation or retirement will take effect from the date on which such leave had commenced and the leave salary should be recovered f) Where an employee who having availed himself of Leave Not Due, 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 subsequently. g) In cases of (vii) and (viii) above, leave salary will not be recovered if the retirement is due to ill-health, incapacitating the employee for further service or in the event of death or is retired prematurely. xiv. Extra-ordinary Leave (EOL) a) Extra-ordinary leave shall not be granted to an employee except : A. Where no other kind of leave is admissible to him/her B. Where the employee, in special circumstances, applies for the grant of such leave. C. Eighteen months, where the employee who has completed one year s continuous service is undergoing treatment for Pulmonary Tuberculosis or Pleurisy of tubercular origin or of any other part of the body, in a recognized sanatorium/or treatment at his residence under a specialist (registered medical practitioner) Leprosy/Cancer/mental illness in an institution recognized for the treatment of such diseases. b) During the period of EOL, the employee is not entitled to any leave salary. c) Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave d) The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave. Category Sub-Category Validity Remarks Establishment Rules Leave Rules Valid As per Govt of India Instructions