LEAVE RULES CCS Central Civil services Leave rules

LEAVE RULES Ø CCS (Central Civil services) (Leave rules ) Rules came into effect 1 st June 1972. Ø As per Rule 2 apply to all central Government servant appointed to the Civil Services, to whom these Rules do not apply to : - Railway servant, casual daily-rated and part-time staff, contingent staff, Industrial employees, Work-charged staff and members of the All India Services(i. e. IAS, IPS and IFS) Ø Rule 7(1) leave cannot be claimed as a matter of right. Ø Rule 7(2) the leave sanctioning authority may refuse or revoke leave of any kind, but cannot alter the kind of leave due and applied for. Ø Rule 12 No leave of any kind can be granted for a continuous period exceeding five years except with the sanction of the President. Ø No leave shall be granted to Government servant if he is under suspension ( Rule 17 GID 1) Ø The leave at the credit of a Government servant who is dismissed or removed from service shall lapse

Types of leave Ø Ø Ø Earned Leave Half Pay Leave Commuted Leave Not Due Extraordinary Leave Maternity Leave Paternity Leave Child Care Leave to female Government servant on adoption of Child Study Leave Casual Leave Special Casual Leave

EARNED LEAVE Ø From 01/01/1977 EL will be credited in advance @ of 2 ½ days for each completed calendar month of service in that particular half year and the balance will be carried forward to the next half and will be restricted to the maximum of 300 days from 01/07/1997. Ø Maximum days of earned leave that may be granted to a Govt. servant at a time: (i) 180 days in the case of any Government servant employed in India. (ii) 240 days to Group ‘A’ or Group ‘B’ service provided the entire leave or that portion of the leave beyond 180 days is spent outside India, Bangladesh, Bhutan, Burma, Ceylon, Nepal and Pakistan. (iii) 300 days in the case of leave preparatory to retirement. (Rule 26 & 38) Ø The un-availed joining time shall be credited to the EL account under certain condition as applicable & one day joining time admissible for transfer within the same station not availed, cannot be credited to the EL account. (Rule-26) Ø If a Govt. servant retires/resigns/is removed/is dismissed/dies in the middle of the a calendar year, the EL credited should be reduced @ of 1/10 of any EOL taken in that half-year (Rule-27)

EARNED LEAVE Ø If a Govt. servant , whether permanent or quasi-permanent or temporary resigns or quits service, a lumpsum cash equivalent in respect of EL at his credit on the date of cessation of service, to the extent of half of such leave at his credit, subject to a maximum of 150 days. (Rule 39(6) (a) (ii) ) Ø If a Govt. Servant who retires from service while under suspension or while disciplinary or criminal proceedings are pending against him on attaining the age of superannuation will be entitled for the lump sum cash payment in lieu of the unutilized EL as well as HPL as admissible. (Rule 39 (3) Ø Encashment of EL while availing LTC is limited to 10 days on one occasion subject of the balance at credit should be not less than 30 days after deducting the total leave and 60 days in the entire career. I f he failed to avail LTC within the time limit prescribed the entire amount of advance together with the interest will be recovered. Ø EL can not be combined with Casual leave.

HALF PAY LEAVE Ø From 01/01/1986 HPL is credited in advance @ of 10 days on the 1 st of January and 1 st of July every year which a Govt. Servant is appointed @ of 5/3 days of each completed calendar month of service. Ø HPL w. e. f. 01/09/2008 restored to Teaching staff working in school of Vacation Department, under Central Government. ( Rule 17 GID (1) ) Ø Half pay leave can be availed either with or without medical certificate , Ø There is no maximum limit for availing HPL by a Government servant during the entire service. ( Rule 29). Ø An employee who avails HPL is admissible for leave salary i. e. 50% of amount admissible on EL (Rule 40 (3) ). Ø If a Government servant resigns from service he is not eligible for cash equivalent of leave salary of HPL at his credit. ( Rule 39 (6) (ii). Ø An temporary Government servant who is invalidated for further service he/she is not eligible for payment of encashment of HPL ( Rule 39 -B (2). Ø HPL to be credited every half-year will be reduced at the rate of 1/18 th of the period of dies non/suspension treated as dies non, during the preceding half year, subject to a maximum of ten days.

COMMUTED LEAVE Ø CONDITION FOR GRANT OF COMMUTED LEAVE: Ø Commuted leave not exceeding half the amount of half pay leave due can be Ø Ø taken on medical certificate. HPL up to a maximum of 180 days shall be allowed to be commuted without production of MC during the entire service if such is utilized for an approved course of study. It cannot be granted as leave preparatory to retirement. When an Govt. servant granted commuted leave quits service voluntarily without returning to duty, the commuted leave will be treated as HPL and the excess leave salary recovered. If the retirement is for reasons of ill-health, or in the event of his death, recovery may be waived. Commuted leave may be granted at the request of the Govt. Servant when earned leave is due to him. Ø Commuted leave up to a maximum of 60 days can be granted in continuation of maternity leave, child adoption leave and child care leave without the production of Medical certificate.

EXTRA ORDINARY LEAVE Ø EOL is granted to a Government Servant when no other leave is admissible or when other leave is admissible but the Govt. servant applies in writing for EOL ( Rule -32 (1). Ø During EOL a Govt. servant is not entitled to any leave salary. Only HRA is admissible @ which they were drawn before proceeding on EOL. Ø It is also granted to regularize unauthorized absence from duty without leave. Ø EOL for temporary official the limit is upto 03 months with or without medical certificate, (ii) with a minimum of one year continuous service upto 06 months with medical certificate for common ailments. Upto 18 months for major diseases, (iii) with three or more years of continuous service upto 24 months for purpose of studies in public interest.

MATERNITY LEAVE Ø Maternity leave is admissible to married/unmarried female employee for 180 days w. e. f. 01/09/2008 with less than two surviving children: -Rule-43(1) Ø Total of 45 days in the entire service excluding any such leave taken prior to 16/06/1994 can be granted for miscarriage/abortion irrespective of number of surviving children and application should be supported by RMP for NGOs and AMA fpr GOs : - Rule 43 (3) Ø It is not admissible for threatened abortion. Ø Maternity leave counts as service for increments. Ø Maternity leave counts as service for pension. Ø It can be combined with leave of any other kind. - Rule 43(4).

PATERNITY LEAVE Ø Paternity leave of 15 days (in one spell ) may be given to the male employees with less than two surviving children during the confinement of their wives, i. e. up to 15 days before or upto six months from the date of delivery of the child. Ø Paternity leave for child adoption from 22/7/2009 , a male employee with less than two surviving children, on valid adoption of a child below the age of one year, may be granted for a period of 15 days within six months from the date of valid adoption. Ø Paternity leave can be combined with any other leave. Ø Paternity leave should not be refused under any circumstances. (Rule 43 -AA)

CHILD CARE LEAVE Ø Granted to a women employee having children below the age of 18 years for the two eldest surviving children and in respect of disabled children with 40% of disability upto the age of 22 years and dependent with maximum of 730 days in the entire service. Ø CCL can be combined with leave of any other kind , including LND for third year without medical certificate. Ø Govt. cannot proceed on CCL without prior approval of the leave by the leave sanctioning authority. Ø It can be granted for less than 15 days and not more than 3 spells in a calender year and also not ordinarily be granted during the probation period except in certain extreme situations. Ø A separate account is to be maintained in the prescribed proforma for this purpose and to be kept along with her service book. Ø LTC cannot be availed during CCL. Ø RULE- 43 -C

Leave to female Government servant on adoption of Child Ø Child Adoption Leave is granted to a female Government servant, having less than two surviving children including a child taken as ward, on valid adoption of a child below the age of one year for a period of 180 days immediately after the date of valid adoption. Ø In continuation of Child Adoption Leave, any leave of the kind due and admissible (including LND and Commuted leave not exceeding 60 days without production of Medical Certificate) may be granted upto one year. Ø Leave salary will be equal to the pay drawn immediately before proceeding on leave. Ø RULE-43 -B

CASUAL LEAVE Ø For those entitled to 17 holidays – 8 days – For employees with disabilities, additional 4 days as Special casual Leave for specific requirements relating to the disability of the official. Ø For those not entitled to 17 holidays – 10 days. Ø Casual leave can be combined with special casual leave/vacation but not with any other kind leave. Ø It cannot be combined with joining time. Ø CL can be taken while on tour, but no DA will be admissible for the period. Ø CL should not normally be granted for more than 5 days at any one time, except under special circumstances. Ø LTC can be availed during CL. Ø For half day CL the dividing line will be lunch break. Ø If an official who have got only ½ CL and if due to sickness or other compelling ground he is not able to attend the next day , combining with EL can be permitted as an exception.

SPECIAL CASUAL LEAVE Ø Combination of CL or regular leave (e. g. EL, HPL, etc. ) with Special Casual Leave is permissible, but combination of both CL and regular leave with Special CL is not permissible. Ø LTC can be availed of during Special casual leave. Ø For family planning Male employee: Ø (i) Maximum 5 working days admissible for vasectomy operation and if undergoes second time due to failure of first time another five days will be admissible on the production of medical certificate. Ø (ii) Maximum of 21 days for undergoing recanalization operation. Ø (iii) maximum 3 working days if his wife undergoes tubectomy, laparoscopy or salpingectomy operation. The leave follow the date of operation. Ø For family planning Female employee: Ø (i)Maximum of 10 working days admissible for tubectomy/laparsocopy. If she undergoes the operation for a second time due to failure of the first, maximum of 10 working days will be admissible for the second time. Ø Maximum of 10 working days admissible for salpingectomy operation after Medical Termination of Pregnancy (MTP). Not admissible if maternity leave is availed.

SPECIAL CASUAL LEAVE Ø Admissible for one day on the day of IUCD/IUD insertion/reinsertion. Ø Maximum of 21 days admissible for undergoing recanalization operation. Ø Admissible for one day on the day of operation when her husband undergoes vasectomy operation. Ø During Natural Calamities, bandha, etc head of Departments may grant Special Casual Leave to employees residing at places 3 miles away from their office, when they unable to attend office due to dislocation of traffic arising out of Natural Calamities, bandhs etc. Ø If the absence was due to picketing or disturbances or curfew, Special CL may be granted irrespective of the distance from residence to office. Ø During general elections/by-elections to Lok Sabha/ state Assembly, employees enrolled as voters in a constituency but having office in another constituency are entitled to a day’s special casual leave on the day of election.