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LEAVE RULES

LEAVE RULES. IN-SERVICE COURSE FOR LIBRARIANS VENUE : ZIET, BHUBANESWAR PRESENTED BY SHRI N. C. DAS ASST. SECTION OFFICER KV. NO-3, BHUBANESWAR. 1. Title & Commencement:. Central Civil Services (Leave) Rules, 1972 came into force on 1 st June, 1972. 2. Extent of Application :.

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LEAVE RULES

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  1. LEAVE RULES IN-SERVICE COURSE FOR LIBRARIANS VENUE : ZIET, BHUBANESWAR PRESENTED BY SHRI N. C. DAS ASST. SECTION OFFICER KV. NO-3, BHUBANESWAR N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  2. 1. Title & Commencement: • Central Civil Services (Leave) Rules, 1972 came into force on 1st June, 1972. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  3. 2. Extent of Application : CCS (Leave) Rules,1972 shall apply to Govt. Servants Appointed to civil services and posts in connection with the affairs of the Union, but shall not apply to :-(a) Railway servants (b) Casual or daily-rated or part-time employment (c) Persons paid from contingencies (d) Workmen employed in industrial establishments (e) Members of All India Services (f) Persons serving under a Central Govt. Department, on deputation from a State Govt. or any other source, for a limited period. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  4. Rule-7: Right to Leave: • Leave cannot be claimed as a matter of right. • When the exigencies of public service so require,leave of any kind may be refused or revoked by the authority competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Govt. Servant. • The sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  5. Rule – 10 : Commutation of one kind of leave into another: • Authority may commute one kind of leave granted into leave of different kind on the request of a Govt. servant. • The govt. Servant cannot claim such commutation as a matter of right. • Provided that request for commutation should be submitted within a period of 30 days from joining duty on the expiry of relevant spell of leave availed by the employee. • Conversion of one kind of leave into leave of a different kind is permissible only when applied for by the official while in service and not after quitting service. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  6. Rule – 11: Combination of different kinds of leave: • Casual Leave - which is not recognized as leave under CCS (Leave) Rules shall not be combined with any other kind of leave admissible under these rules. Casual Leave may be granted in combination with Special Casual Leave.However, ½ a day’s Casual Leave may be combined with regular leave when the employee has no further casual leave to his credit, but is unable to resume duty on the next working day due to sickness or other compelling ground and has to avail of regular leave to cover his absence for that working day. • Special Casual Leave – May be granted in combination with regular leave. • However, Casual leave should not be granted in combination with both Special Casual Leave and regular leave. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  7. Rule – 12: Maximum amount of continuous leave : • No Govt. servant shall be granted leave of any kind for a continuous period exceeding five years. An employee who remains absent from duty for a continuous period exceeding five years other than on foreign service, with or without leave, shall be deemed to have resigned from the Government Service. • Rule – 13: Acceptance of service or employment while in service : • An official on leave should not take up any service or employment elsewhere, including the setting up of a private professional practice as account, consultant or legal or medical practitioner, without obtaining prior sanction of the Competent Authority. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  8. Rule – 14: Application for Leave: • Any application for leave or for extension of leave shall be made in Form-1 to the authority competent to grant leave. • Rule – 17: Leave not to be granted in certain circumstances: • Leave shall not be granted to a Govt. Servant whom a competent punishing authority has decided to dismiss, remove or compulsorily retire from Govt. service. • Leave may not be granted to a Govt. servant under suspension. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  9. Rule – 19 : Grant of Leave on Medical Certificate : • (i) Gazetted Government Servant: • An application for leave on medical certificate made by a Gazetted Govt. Servant, shall be accompanied by Medical Certificate in Form-3 given by a :- • Doctor in a CGHS Dispensary, if the employee is a CGHS beneficiary. • By a Govt. Hospital • AMA if he is not a CGHS beneficiary. • Authorized doctor of private hospital recognized by CGHS or Central Services (Medical Attendance) Rules,1944 in case of hospitalization or indoor specialized treatment in respect of any particular kind of disease like heart, cancer etc. for the treatment of which the concerned hospital has been recognized by the Ministry of Health & Family Welfare. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  10. (ii) Non-Gazetted Government Servant : • An application for leave on medical certificate made by a Non-Gazetted Govt. Servant, shall be accompanied by Medical Certificate in Form-4 given by a :- • Doctor in a CGHS Dispensary, if the employee is a CGHS beneficiary. • By a Govt. Hospital • AMA if he is not a CGHS beneficiary. • Authorized doctor of private hospital recognized by CGHS or Central Services (Medical Attendance) Rules,1944 in case of hospitalization or indoor specialized treatment in respect of any particular kind of disease like heart, cancer etc. for the treatment of which the concerned hospital has been recognized by the Ministry of Health & Family Welfare. • A CGHS non-Gazetted Government Servant, if at the time of illness is away from the CGHS area, the certificate may be obtained from an AMA or Registered Medical Practitioner (RMP) if there is no AMA available within a radius of 08 Kms. • Certificates from AIIMS, New Delhi etc.. PGIM, Chandigarh & JIPMER, Pondicherry can be accepted. • Leave sanctioning authority may secure second medical opinion, if consider necessary. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  11. Rule– 20: Leave to a Govt. Servant who is unlikely to be fit to return to duty • If the Medical Authority is unable to say with certainty that the Govt. Servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to medical authority. • Rule – 22: Combination of holiday with leave: • In the case of leave on Medical Certificate: Medical unfit certificate covering the holidays prefixed / suffixed to leave shall be treated as part of leave. • Compensatory Leave granted in lieu of duty performed by a Government Servant on Sunday or a holiday for full day may be treated as holiday for the above purpose. • Rule – 23: Recall to duty before expiry of leave:- • In case a Government servant is recalled to duty before the expiry of his leave, such recall to duty shall be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw – (a) TA for the journey (b) leave salary, until he joins the post, at the same rate at which he would have drawn it but for recall to duty. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  12. Rule – 24: Return from Leave:- • A Govt. servant on leave shall not return to duty before the expiry of the period of leave granted to him unless he is permitted to do so by the authority which granted him leave. • A Govt. servant who has taken leave on medical certificate may not return to duty until he has produced a medical certificate of fitness in Form-5. • Rule – 25: Absence after expiry of leave:- • A Govt. servant remains absent after the end of leave is entitled to no leave salary for the period of such absence. • That 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 extraordinary leave. • Wilful absence from duty after the expiry of leave renders a Govt. servant liable to disciplinary action. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  13. (3)Treatment of wilful absence from duty not recognized :- • Wilful absence from duty, even though not covered by grant of leave does not entail loss of lien, but to be treated as dies non for all purposes viz., increment, leave and pension. (b) Where the wilful absence stands singly and not in continuation of any authorized leave or absence will constitute an interruption of service for the purpose of (i) pension (ii) LTC (iii) eligibility for appearing in departmental examinations and unless the pension sanctioning authority exercises its powers under Rule-27 of Central Civil Service (Pension) Rules, the entire past service will stand forfeited. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  14. Rule – 26: Kinds of Leave due and admissible :- • (1) Earned Leave: (For Non-Vacational Staff) • Earned Leave is credited in 02 instalments of 15 days each on 1st January and July of every year. • EL shall be credited at the rate of 2 ½ days for each completed Calendar month of service. • Proportionate EL may be reduced by 1/10 of the Period of dies non / EOL of the previous half year, subject to maximum of 15 days, while affording credit of EL on January / July. • Retirement or Resignation: 2 ½ days per completed calendar month upto the date of retirement or resignation. • Removal / Dismissal : : 2 ½ days per completed calendar month preceding the calendar month in which the employee is removed or dismissed from service • Death: 2 ½ days per completed calendar month of service upto the date of death of the Govt. servant. • Fractions of a day shall be rounded off to the nearest day. • Earned Leave can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  15. Earned Leave - Contd... • Un-availed Joined time is credited to EL account when, (1) the employee is ordered to join at the new post at a new place without availing full joining time. (2)) the employee proceeds alone and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming travelling allowance for the family. Maximum 15 days reduced by the number of days actually availed of, shall be credited to the leave account, provided the EL at credit together with un-availed joining time allowed to be so credited shall not exceed 300. • One day joining time admissible for transfer within the same station, if not availed, cannot be credited to the EL account. • The leave at credit at the close of the previous half-year shall be carried forward to the next-half year, subject to the condition that the leave so carried forward plus the credit for the half-year does not exceed the maximum limit of 300. Excess of 300 may be kept separately and first adjusted against the leave taken during the half year. • Maximum 180 days EL may be granted at a time in case of Govt. servant employed in India. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  16. More than 180 and not exceeding 300 days EL may be sanctioned at a time, if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan. • Earned Leave may be taken at a time up to 300 days as leave preparatory to retirement. • Leave encashment along with LTC for 10 days at a time and 60 days in during the entire career, will not be deducted from the maximum amount of EL en-cashable at the time of retirement. • Earned Leave should not ordinarily be denied during the last ten years of service. • E.L FOR VACATION DEPARTMENT :- • The Vacational Staff are not entitled for Earned Leave w.e.f. 01.09.2008. • No EL shall be admissible to Govt. servant in respect of first year of his service. • If, in any year, a Vacational employee 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 Department. • Facility of crediting of un-availed portion of joining time shall be admissible to persons serving in Vacation departments as per sub Clause (ii) of Clause (a) of Sub rule-(1) of rule-26. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  17. (2)HALF PAY LEAVE • HPL shall be credited in advance in two instalments of 10 days each on the first day of January & July of every Calendar year. • HPL shall be credited @ 5/3 days per completed Calendar month upto the date of retirement or resignation. • Removal / Dismissal : 5/3 days per completed calendar month preceding the calendar month in which the employee is removed or dismissed from service • Death: 5/3 days per completed calendar month of service upto the date of death of the Govt. servant. • Proportionate HPL may be reduced by 1/18th of the Period of dies non / EOL of the previous half year, subject to maximum of 10 days, while affording credit of HPL on January / July. • Fractions of a day shall be rounded off to the nearest day. • The Vacational Staff are entitled for HPL w.e.f. 01.09.2008. • Half Pay Leave can be availed either with or without medical certificate N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  18. COMPENSATORY LEAVE : Compensatory Leave to teaching staffs of KVS shall be sanctioned for attending the Vidyalaya on Second Saturday, Sunday, Holidays & during Breaks and Vacations if the period is less than 10 days. Half day Compensatory Leave – for a minimum of 02 and upto 04 hours in a day. Full Day Compensatory Leave - for taking extra Classes for more than 04 hours in a day. While escorting and training duty Compensatory Leave may be granted irrespective of the fact that whether they draw TA/DA or not. Normally Compensatory Leave may be granted within 01 month of it’s becoming due. In exceptional circumstances, wherever grant of Compensatory Leave to all the staff within a month may cause serious dislocation of work, the Compensatory Leave may be permitted to be availed subsequently. There is no limit up to which Compensatory Leave may be allowed to be availed of at a time. No leave encashment is payable for un-availed Compensatory Leave at the time of Superannuation, resignation or death. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  19. (3) COMMUTED LEAVE : - • Commuted Leave not exceeding half the amount of HPL may be granted on medical certificate. • When commuted leave is granted twice the amount of such leave shall be debited against the HPL due. • 90 days Commuted Leave may be granted without production of medical certificate, where such leave is utilized for an approved course of study certified to be in public interest by the leave sanctioning authority. • Commuted Leave upto 60 days may be granted to female Govt. servant without medical certificate on adoption of a child less than one year old. • Commuted Leave up to a maximum of 60 days may be sanctioned to a female Government servant if it is in continuation of maternity leave. • Medical Certificate not necessary for Commuted Leave in continuation of Maternity Leave. • Commuted Leave may be granted at the request of the Government Servant even when EL is available. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  20. Rule – 32: Extraordinary Leave:- • EOL may be granted in special circumstances:- • When no other leave is admissible. • When other leave is admissible, but the Govt. servant applies in writing for grant of EOL. • Eligibility:- • Less than one year service – 03 months. • After completion of 01 year of service – 06 months. • After completion of 01 year of service for undergoing treatment for – TB, Leprosy & Cancer – up to 18 months. • After completion of 03 years service for prosecuting studies certified to be in public interest – 24 months. • EOL cannot be availed concurrently during the notice period when going on voluntary retirement. • Leave sanctioning authority may commute retrospectively periods of absence without leave into extraordinary leave. • 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. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  21. Rule – 38: Leave Preparatory to retirement:- • Granted to the extent EL due together with HPL due, subject to the condition that such leave extends up to and includes the date of retirement. • Rule: 38-A: Encashment of EL along with LTC while in service:- • 10 days EL can be encashed at the time of availing of LTC while in service without any linkage to the no. of days and nature of leave availed while proceeding on LTC, on the following conditions :- • 30 days balance of EL available after taking into account the period of encashment as well as leave being availed of. • Maximum 60 days EL can be encashed during the entire career. • Where both husband and wife are Government servants, encashment of leave will continue to be available to both, subject to maximum of 60 days to each of them. • If the Govt. servant fails to avail the LTC within the prescribed time, he should refund the entire amount of leave encashment along with the interest @ two per cent above the rate of interest allowed on Provident Fund balances and the EL already debited shall be credited back to the leave account. • EL encashment is allowed on B.P, & DA only excluding HRA, Tpt. Allowance Etc. • Period of EL encashed shall not be debited from the quantum of leave that can be normally encashed by the Govt. servant at the time of retirement. • Quitting Service on resignation: ½ of EL at the credit of the employee subject to maximum of 150 days. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  22. Rule : 43: Maternity Leave: - • A female Govt. servant with less than 02 surviving children may be sanctioned 180 days Maternity Leave during pregnancy / induced abortion w.e.f. 01.09.2008. • Un-married female Govt. servants also eligible for maternity leave. • Maternity Leave not exceeding 45 days granted to female employees in case of mis-carriage (irrespective of number of surviving children) on production of medical certificate. • Maternity Leave is sanctioned for induced abortion and not for threatened abortion. • Leave of Kind due and admissible (including Commuted Leave for 60 days without medical certificate) can be granted in continuation with Maternity Leave shall be increased to 02 years. • Maternity Leave counts as service for increments and pension. • Full pay is admissible during Maternity Leave. • Maternity Leave may be combined with leave of any other kind except Casual Leave. • In the case of a person to whom the provisions of Employees’ State Insurance Act,1948 apply, leave salary payable, shall be reduced by the benefit admissible under the said Act for the corresponding period. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  23. Rule: 43-A: Paternity Leave: • A male Govt. servant with less than 02 surviving children, may be granted 15 days Paternity leave (in one spell) during confinement of wife i.e. upto 15 days before, or upto 06 months from the date of delivery of the child. • May be combined with any other kind of leave except casual leave. • If Paternity Leave is not availed within specified period, the same should be treated as lapsed. • Rule: 43-AA- Paternity Leave for Child adoption:- • From 22-07-2009, a Male govt. Servant with less than 02 surviving children on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption. • Rule: 43-B Child Adoption Leave:- • Child Adoption Leave may be granted to a female Government servant with fewer than 02 surviving children on valid adoption of a child below the age of 01 year. • Child Adoption Leave may be for 180 days immediately after the date of valid adoption. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  24. Rule: 43-C: Child Care Leave:- • Child Care Leave may be granted to Female Central Govt. employees for taking care of her 02 eldest surviving children for rearing, or for looking after any of their needs, such as education, sicknessetc. • A child should be below the age of 18 years and without any age limit in case of disabled child with 40% of disability. • CCL can be granted for a maximum period of 2 years i.e. 730 days during the entire service and not less than 05 days at a time. • CCL can be taken for third year as Leave Not Due (LND) without medical certificate. • It shall not be granted for more than 03 spells in a calendar year. • LTC can be availed during Child Care Leave& may proceed on foreign travel after seeking permission from the competent authority. • Not debited to leave account. • CCL may be combined with leave of any other kind, except Casual Leave. • CCL should not be sanctioned during probation period, except in cases of certain extreme situation and a minimal leave should be sanctioned. • CCL account to be maintained in the prescribed proforma and to be kept along with service book. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  25. Rule –44 : Special Disability Leave:- • Special Disability Leave may be granted to a Government servant (whether permanent or temporary) who is disabled by injury intentionally or accidentally inflicted or caused in, or in consequence of the due performance of his official duties or in consequence of his official position. • Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed. • Special Disability Leave may be sanctioned for maximum of 24 months. • Special disability leave may be combined with leave of any other kind. • Special disability leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at later date, but not more than 24 months of such leave shall be granted in consequence of any disability. • Special disability leave shall be counted as duty in calculating service for pension and shall not, except the leave granted under the proviso to Clause (b) of sub-rule(7), be debited against the leave account. • Leave salary during such leave shall: - (a) for the first 120 days full salary. • For the remaining period on half pay only. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  26. Rule: 45 Special Disability Leave for accidental injury. • The provisions of Rule 44 shall apply also to a Government servant whether permanent or temporary, who is disabled by injury accidentally incurred in, or in consequence of, the due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds. • The period of absence recommended by an Authorized Medical Attendant may be covered in part, by leave under this rule and in part by any other kind of leave, and that the amount of special disability leave granted on leave salary equal to that admissible on earned leave shall not exceed 120 days. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  27. RULE-48 : Special Casual Leave connected to Inquiry of Sexual Harassment. Leave upto a period of 90 days may be granted to an aggrieved female Govt. Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act,2013 and the leave granted to the aggrieved female Govt. Servant under this Rule shall not be debited against the leave account”. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  28. CASUAL LEAVE: - • Casual Leave is not recognized form of leave. • An official on casual leave is not treated as absent from duty and his pay is not intermitted. • CL can be combined with Special Casual Leave but not with any other kind of leave. • CL cannot be combined with joining time. • Sundays and Holidays falling during a period of Causal leave are not counted as part of Casual Leave. • CL can be taken while on tour, but no DA will be admissible for the period. • CL can be taken ½ day. The dividing line will be lunch break. If the leave is for the forenoon the official can attend office immediately after the lunch break and it is for the afternoon, can leave office at the commencement of the lunch break. • CL shall not normally granted for more than 05 days at any one time. • Entitled for 08 days in a Calendar year – for those entitled to 17 holidays and 10 days – for those not entitled for 17 holidays. • CL can be combined with Vacation. • LTC can be availed during Causal Leave. • 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. • Combining with EL – If an official having only ½ day CL at his credit, applied for ½ day CL for afternoon and he is not able to attend the office next day due to sickness or other compelling ground, combining with Earned Leave can be permitted as an exception. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  29. SPECIAL CASUAL LEAVE: N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

  30. LTC can be availed of during Special Casual Leave. N. C. DAS, ASSISTANT SECTION OFFICER, KV NO-3, BHUBANESWAR, INTERNAL GUEST SPEAKER

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