Leave rules

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LEAVE RULES : 

LEAVE RULES

GENESIS : 

GENESIS For matters relating to leave 16.7.1931 is an important date as up to this date the provisions in civil services Regulation (CSRs) and fundamental Rules (FRs) used to govern the entitlements of leave for Govt. servants. The revised Leave Rules 1933 replaced these provisions and came into force retrospectively w.e.f 16.7.1931.However ,the scope of revised leave rules 1933 and the corresponding rules for civilians in the defence services, was limited to earned leave, half pay, commuted leave, leave not due and extra ordinary leave.

Slide 3: 

The provisions of CSRs and FRs were still applicable in respect of special kinds of leave like hospital leave ,special disability leave etc and also the procededural matters. Similarly various office memorendum issued from time to time also governed a number of matters concerning leave of govt. servants. With a view to facilitating easy reference and proper comprehension, these widely scattered provisions have been consolidated and codified in the form of statutory rules called” The central Civil Services (leave) Rules 1972”which came into force w.e.f 1.6.1972.

KINDS OF LEAVE : 

KINDS OF LEAVE Earned Leave (EL) Half pay leave (HPL) Commuted Leave Leave not due (LND) Extra ordinary Leave (EOL) Maternity /paternity leave Special Disability leave Study leave Seamen’s Scik leave Departmental leave Hospital leave Child care leave

Slide 5: 

So there are 11 kinds of leaves provided in CCS(Leaves) Rules 1972. Out of these seven shown in the right column are special kinds of leave which are not debitable from the leave account Child care leave has been included by Sixth pay commission—Maximum 730 days Remember casual leave is not a leave.

General points : 

General points Leave can not be claimed as of right The sanctioning authority can refuse leave when the exigency of public service so require But sanctioning authority can not change the nature of leave applied for Leave should not ordinarily be denied during last ten years of service Conversion of one kind of leave into leave of different kind is permissible only on the written request of the employee and at the discretion of the sanctioning authority.

Slide 7: 

Combination of different kinds of leave is admissible C.L /CCL which are not recognized as leave under these rules can not be combined with any other kind of leave under these rules. Combining ½ C.L with other leave as an exception to the general rule if his absence on the next working day was due to sickness or other compelling grounds.

Slide 8: 

Leave shall not be granted to a govt. servant whom a competent punishing authority has decided to dismiss, remove or give compulsory retirement. No leave during suspension period. If leave is applied on medical ground ,in case of a gazetted officer medical certificate in form 3 by AMA will be required & in the case of non-Gazetted officer From4 by AMA or RMP is required.

Slide 9: 

The authority competent to grant leave may, at its discretion ,secure second medical opinion by a civil surgeon or staff surgeon. The leave sanctioning authority ,at his discretion, may waive medical certificate in case of leave applied on medical ground provided the illness period does not exceed more than 3 days.

Slide 10: 

Child care leave can be availed only when the child is less than 18 years of age and the employee does not have E.L./HPL at her credit. Maximum limit-730 days in entire service Can be taken in more than one spell It can be combined with any type of leave due and admissible. It is to be availed only after it is sanctioned by the sanctioning authority.

Slide 11: 

A govt. servant who has taken leave on medical ground may not return to duty unless he has produced a medical certificate of fitness in Form 5. If leave was for pulmonary T.B the certificate either from the medical officer in-charge of a recognised sanatorium or from a TB specialist recognised by a state govt. For TB of other part TB specialist or a civil surgeon may issue fitness certificate.

Slide 12: 

Overstayal of leave is a misconduct and attracts disciplinary action. If any one remains absent without proper sanction of leave, that period may be treated as “dies non” for all purpose i.e. increment ,leave and pension. It will be treated as interruption of service and unless pension sanctioning authority exercises its power under article 421 of CCs Rule the entire past service period will stand forfeited.

Slide 13: 

Application for Extension of leave should reach to the sanctioning authority before the expiry of the sanctioned leave.

Maximum amount of continuous leave : 

Maximum amount of continuous leave Unless the president, in view of the exceptional circumstances of the case otherwise determines, no govt. servant shall be granted leave of any kind for a continuous period exceeding five years.

In KVS there are two types of employees : 

In KVS there are two types of employees 1)Vacational 2)Non vacational

Earnd Leave : 

Earnd Leave Non vacational staff are eligible for 15 days advance credit of E.L on 1st Jan and 1st July each year w.e.f 1.1.77. Upto 5-9-81 vacational staff were not eligible for credit of E.L From 5-9-81 they were made eligible for E.L @ 10 days per year to be credited @ 5 days for every complete month in a half year Now as per the recommendation of 6th pay commission again vacational staff will not get E.L. They will be credited HPL from 1-9-2008. If a vacational staff is prevented to enjoy vacation for more than 15 days he will be treated as non vactional staff for that year.

Deduction : 

Deduction Credit of Earned leave is subject to deduction at the rate of 1/10(in case of non-vacational) and 1/30 (in case of vacational) of the period of EOL/Dies non during the previous half year subject to maximum of 15 days/5 days respectively.

Credit of E.L during relevant half year on : 

Credit of E.L during relevant half year on 1. Appointment– 2.5 days per complete calander month 2 Retirement– 2.5 days PCCMup to the date of retirement 3.Regisnation– 2.5 days PCCM up to the date of resignation 4.Dismissal/removal/death-2.5 days PCCM upto the end of previous calendar month

Maximum accumulation : 

Maximum accumulation 90 days upto 31-1-49 120 days w.e.f 1-2-49 180 days w.e.f 12-9-55 240 days w.e.f 1-7-86 240+15(non Vacational)/5 days (Vacational) w.e.f 1-1-90 300days w.e.f 1-7-1997

Slide 20: 

Vide O.M No HPL at credit will be taken into account to arrive at 300 days EL.

Slide 21: 

If a vacational staff has been prevented by an order from enjoying more than 15 days of the vacation ,he/she shall be considered as non vacational staff for that year and will be eligible for E.L at par with the non vacational staff.

Slide 22: 

The eligibility for earn leave will be in proportion to no of days on duty during vacation. In kvs 50 days vacation 30/50=3/5 So E.L is given @ 3/5

Sanction at any time : 

Sanction at any time Upto 180 days After availing E.L joining report is essential.

Leave salary : 

Leave salary Pay drawn immediately before proceeding on E.L

Encashment : 

Encashment 1 On retirement: full amount of earned leave at credit subject to maximum 300days 2 on termination: do 3 on Resignation: Half of earned leave at credit subject to maximum 300days 4 on compulsory retirement: Nil

Formula for calculation : 

Formula for calculation (Pay+D.A) admissible on the crucial day divided by 30 Xno of days of E.L encashable No HRA or CCA shall be payable

H.P.L : 

H.P.L Entitlement:- 10 days advance credit on 1st january and 1st July each year w.e.f 1.1.1986. If any one joins in the middle of the half year he will be credited HPL @ 5/3 for each complete month likely to be completed in that half year. from 5-9-81 (later converted as 1-9-81) vacational staff are not eligible for H.P.L Now from 1-9-08 they are again entitled for HPL in lieu of EL.

Slide 28: 

DEDUCTION:-- The credit of HPL is subject to deduction at the rate of 1/18th of the period of absence /suspension treated as dies-non during the previous half year limited to 10 days. Advance credit during half year on :-- Appointment :---5/3 days per complete calendar month (PCCM) Retirement :-- do PCCM up to the date of retirement Resignation :- do up to the date of resignation Dismissal/removal/death:-do PCCM up to the end of the previous calendar month

Account :Balance should be worked out t the end of each half year by debiting : 

Account :Balance should be worked out t the end of each half year by debiting 1 HPL taken 2Twice the amount of commuted leave taken 3LND taken 4Excess over 120 days of special disability leave taken after exercising option 5The period of over stayal to the extent HPL is due

Encashment : 

Encashment

Encashment : 

Encashment 1 On retirement: full amount of earned leave at credit subject to maximum 300days 2 on termination: do 3 on Resignation: Half of earned leave at credit subject to maximum 300days 4 on compulsory retirement: Nil

Formula for calculation : 

Formula for calculation (Pay+D.A) admissible on the crucial day divided by 30 Xno of days of E.L encashable No HRA or CCA shall be payable

H.P.L : 

H.P.L Entitlement:- 10 days advance credit on 1st january and 1st July each year w.e.f 1.1.1986. If any one joins in the middle of the half year he will be credited HPL @ 5/3 for each complete month likely to be completed in that half year. from 5-9-81 (later converted as 1-9-81) vacational staff are not eligible for H.P.L Now from 1-9-08 they are again entitled for HPL in lieu of EL.

Slide 34: 

DEDUCTION:-- The credit of HPL is subject to deduction at the rate of 1/18th of the period of absence /suspension treated as dies-non during the previous half year limited to 10 days. Advance credit during half year on :-- Appointment :---5/3 days per complete calendar month (PCCM) Retirement :-- do PCCM up to the date of retirement Resignation :- do up to the date of resignation Dismissal/removal/death:-do PCCM up to the end of the previous calendar month

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