Posts Tagged ‘Leave Rules’

Clarification in respect of encashment of Earned Leave to reemployed pensioners – DoPT

Clarification in respect of encashment of Earned Leave to reemployed pensioners – DoPT

No.14028/1/2017-Estt(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus, New Delhi 110 067
Dated: 27.06.2017

OFFICE MEMORANDUM

Subject:- Clarification in respect of encashment of Earned Leave to reemployed pensioners- Reg.

This Department has been receiving several references requesting for clarification relating to CCS (Leave) Rules, 1972 regarding eligibility for leave encashment to Government servants who are re-employed after retirement.

2. In this regard, it is clarified that persons re-employed after retirement may be governed by rule 39(6)(a)(iii) of the said Rules and they may be granted leave encashment up to a maximum of 300 days including the period for which encashment was allowed at the time of retirement. The cases already decided otherwise in consultation with this Department need not be reopened.

3. This issues with the approval of JS(E).

sd/-
(Navneet Misra)
Under Secretary to the Government of India

Click to view the order

Authority: www.dopt.gov.in

 

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Types of Leave applicable to Central Government Employees as per Leave Rules

Types of Leave applicable to Central Government Employees as per Leave Rules

A brief on all Types of Leave applicable to Central Government Employees as per Leave Rules – Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due, Maternity Leave, Paternity Leave, Study Leave, Extraordinary Leave, Chile Care Leave and More

1. Earned Leave: Earned Leave is ‘earned’ by duty. The credit for earn leave will awarded at a rate of 15 days on the 1st of January and 1st of July every year. It can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Maximum of 180 days at a time can be availed in the case of Earned Leave.

2. Half Pay Leave: All Government servants are entitled to 20 days of HPL for every completed year of service. Half pay leave is calculated at 20 days for each completed year of service. For eg, if you are in service for 2 years , you will be having a total of 40 days of half pay leave. The service includes periods of duty and leave including extraordinary leave with or without MC. Half pay leave can be availed with or without MC(Medical Certificate). From 1st January 1986, half pay leave is credited in advance at the rate of 10 days on the 1st of January and 1st of July every year.

3.Commuted Leave: This Leave is granted on medical certificate normally. Commuted leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. Up to a maximum of 90 days can be taken during the entire service without medical certificate where such leave is utilized for an approved course of study certified to be in university interest.

It can be taken up to a maximum of 60 days can be granted to a female employee in continuation of maternity leave without medical certificate and upto a maximum of 60 days can be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. Commuted leave may be granted at the request of the employee even when earned leave is due to him.

4. Leave Not Due: This Leave is also granted on medical certificate normally. Leave not due is granted when there is no half-pay leave at credit and the employee requests for the grant of Leave Not Due. It is granted only medical certificate if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. It may be granted without medical certificate in continuation of maternity leave, and may be granted without medical certificate to a female employee with less than two living children, on adoption of a child less than one year old. The amount of leave should be limited to the half-pay leave that the employee is likely to earn subsequently. Leave not due during the entire service is limited to a maximum of 360 days and due will be debited against the half-pay leave that the employee may earn subsequently.

5. Maternity Leave : Maternity leave is granted to women government employees.

1) Pregnancy: 180 days – Admissible only to employees with less than two surviving children.

2) Miscarriage/abortion (induced or otherwise): Total of 45 days in the entire service. However, any such leave taken prior to 16.6.1994 will not be taken into account for this limitation. Admissible irrespective of number of surviving children. Application to be supported by a certificate from a registered medical practitioner for NGOs and from AMA for GOs.

The maternity leave is not debited to leave account and full pay is granted. It cannot be combined with any other leaves and counts as service for increments and pension.

6. Paternity Leave : A male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with other kind of leave as in the case of Maternity Leave.

7. Study Leave: Study leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant.

The course for which the study leave is taken should be certified to be of definite advantage to govt from the point of view of public interest and that particular study should be approved by the authority competent to grant leave.

The official should submit a full report on the work done during study leave. Maximum of 24 months of leave is sanctioned. In the case of CHS officers 36 months of leave can be granted at a stretch or in different spells.

Study leave will not be debited to the leave account and may be combined with other leave due. Study leave is not granted for studies outside India if facilities are available in India and to an official due to retire within 3 years of return from the study leave.

8. Extra Ordinary Leave : Extraordinary leave is granted to a Government servant when no other leave is admissible or when other leave is admissible, but the Government servant applies in writing for extraordinary leave.

Extraordinary leave cannot be availed concurrently during the notice period, when going on voluntary retirement and EOL may also be granted to regularize periods of absence without leave retrospectively.

9. Casual Leave : In a calendar year eight days of casual leave is permissible.

Casual leave is not a recognized form of leave and is not subject to any rules made by the Government of India. An official on Casual Leave is not treated as absent from duty and pay is not intermitted.

(i) Casual Leave can be combined with Special Casual Leave/vacation but not with any other kind of leave.

(ii) It cannot be combined with joining time.

(iii) Sundays and Holidays falling during a period of Casual Leave are not counted as part of Casual Leave.

(iv) Sundays/public holidays/restricted holidays/weekly offs can be prefixed/suffixed to Casual Leave.

(v) Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period.

(vi) Casual Leave can be taken for half day also.

(vii) Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time, except under special circumstances.

(viii) LTC can be availed du ring Casual Leave.

(ix) 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.

10. Child Care Leave : Woman employees having minor children may be granted Child Care Leave by an authority competent to grant leave for a maximum period of 730 days (2 years) during their entire service for taking care of up to two children., whether for rearing or to look after any of their needs like examination, sickness, etc..

Conditions for Child Care Leave

1. Child care leave shall not be admissible if the child is eighteen years of age or older equal to the pay drawn immediately before proceeding on leave.

2. It can be availed in more than one spell.

3. It can not be debited against the leave account.

4. It may be combined with leave of the kind due and admissible.

11. Hospital Leave: Hospital leave is admissible to Group ‘C’ employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs and performance of hazardous takes and to Group ‘D’ Employees.

Medical certificate from an authorized medical attendant is necessary for grant of this leave. This hospital leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months.

12. Vacation Department Staff leave Entitlement : The leave entitlements of employees of Vacation Departments (i.e. departments where regular vacations are allowed during which those serving in them are permitted to be absent from duty) are the same as those serving in non-vacation Departments except in respect of ‘earned leave’.

No earned leave will be admissible to a government servant of a vacation Department in any year in which he avails of the full vacation. The vacation can be combined with casual leave.

13. Special Disability Leave : Special disability leave admissible to all employees when disabled by injury intentionally or accidentally inflicted or caused in or in consequence of the due performance of official duties or in consequences of official position. The disability above should have manifested within three months of the occurrence to which it is attributed and the person disabled had acted with due promptitude in bringing it to notice. The leave sanctioning authority, if satisfied as to the cause of the disability, may relax the condition and grant leave in cases where disability has manifested more than three months after the occurrence of its cause.

Special disability leave is also admissible when disabled by illness incurred in the performance of any particular duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attaching to the civil post held, under the same condition.This disability should be certified by an Authorised Medical Attendant to be directly due to the performance of the particular duty.

Maximum of 24 months of leave may be granted.

May be combined with any other leave.

Will count as service for pension.

Will not be debited to the leave account.

14. Child Adoption Leave: Child adoption leave is granted to Female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

Leave salary will be equal to the pay drawn immediately before proceeding on leave.

It may be combined with leave of any other kind. Leave not debited against the leave account.

15. Leave to Probationers : A person appointed to a post on probation is entitled to all kinds of leave admissible under the rules to a permanent servants according as his appointment is against a permanent post.

16. Leave to Apprentices : Apprentices are admissible to leave on medical certificate, on leave salary equivalent to half pay for a period not exceeding one month in any year of apprenticeship

Be the first to comment - What do you think?  Posted by admin - January 11, 2017 at 10:15 am

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Maternity Leave increased to 270 Days for Women Employees – Tamilnadu Government issued orders

ABSTRACT

Tamil Nadu Fundamental Rules – Rule 101(a) – Maternity Leave – Enhancement of maternity leave from 6 months (180 days) to 9 months (270 days) – Orders issued

PERSONNEL AND ADMINISTRATIVE REFORMS (FR.III) DEPARTMENT

G.O.(Ms.) No.105

Dated: 07.11.2016

Read:
1. G.O.(Ms.) No.51, Personnel and Administrative Reforms (FR-III) Department, dated 16.05.2011.
2. G.O.(Ms.) No.61, Personnel and Administrative Reforms (FR-III) Department, dated 16.06.2011.
3. G.O.(Ms.) No.138, Personnel and Administrative Reforms (FR-IV) Department, dated 19.11.2013.

ORDER:

In the Government orders first and second read above, orders were issued enhancing the maternity leave from 90 days to 180 days to married women Government servants, with less than two surviving children, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. Accordingly, in the Government Order third read above, Rule 101(a) of the Fundamental Rules was also amended.

2. The Government, after careful consideration, based on the announcement made in the Tamil Nadu Legislative Assembly by the Hon’ble Chief Minister on 01.09.2016, under rule 110 of the Legislative Assembly Rules order that the maternity leave admissible to married women Government Servants with less than two surviving children, which is 6 months (180 days) at present, be enhanced to 9 months (270 days), with full pay, which may be spread over from the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government Servant. The women Government Servants who proceeded on maternity leave, prior to the date of issue of this order and continue to be on that leave as of now, are also eligible for availing maternity leave upto 9 months (270 days), in total.

3. Necessary amendments to the Fundamental Rules will be issued separately.

(BY ORDER OF THE GOVERNOR)

S.SWARNA
SECRETARY TO GOVERNMENT

Authority: www.tn.gov.in

Be the first to comment - What do you think?  Posted by admin - November 8, 2016 at 8:31 am

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Women employees demand two year leave for raising newborns

Women employees demand two year leave for raising newborns

Like the central government, the female employees of the Tamil Nadu state government have requested the government to give them two years maternity leave to raise their newborns. The proposal was made during the International Women’s Day celebrations.

The International Women’s Day is celebrated all over the world to ensure the safety of women. Women must be treated as equals of men at workplace and in the society. Also, selective abortions of female foetuses, and killing of female babies must be stopped.
Women take care of the health of their entire family, but often neglect their own health. Due to lack of proper nutrition, many women suffer from malnutrition and anaemia. Women can be healthy only if they eat well-balanced food. Only then will they be able to give birth to healthy children.

The Tamil Nadu government must, like the Central Government, give two years maternity leave to its female employees so they can raise their newborns.

Be the first to comment - What do you think?  Posted by admin - March 11, 2016 at 2:52 pm

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7th Pay Commission Recommendations on Leave and Holidays

7th Pay Commission Recommendations on Leave and Holidays

 

Gazetted and Restricted Holidays : Besides the three National Holidays, employees are presently entitled to 14 Gazetted and 2 Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are observed throughout India, while 3 are decided locally. For Restricted holidays, a list is drawn up at the local level taking local factors into consideration; employee is entitled to choose any two in a year out of that list. There are demands to include May Day and 14th April as compulsory holidays throughout India.

 

Suggestions have also been received to increase the number of locally decided Gazetted Holidays from 3 to 6.

 

Analysis and Recommendations : The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.

 

7th CPC Leave Rules :  7th Pay Commission has recommended on Holidays and Leave for Central Government Employees and Offices…

 

Holidays and Leave : Presently Central Government offices observe a five-day week which results in 104 holidays every year on account of weekends. In addition, there are three National Holidays, fourteen Gazetted Holidays and two Restricted Holidays. Further, civilian government employees are entitled to 8 days’ Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and 30 days’ Earned Leave. Besides the above, quite a few other types of leave are admissible.

 

The following paragraphs bring out, in alphabetical order, the different kinds of holidays and leave admissible, demands received (if any) and views of the Commission on each one of them. Unless otherwise stated, the existing terms and conditions regulating these holidays and leave shall remain unchanged.

 

Casual Leave (CL) : Casual Leave is granted to enable a government servant to attend to sudden/unforeseen needs/tasks. Presently 8 days CL is normally granted to a Central Government employee per calendar year. The number goes up to 10 days for Industrial Workers, 20 days for Defence
Officers and 30 days for Defence PBORs. Certain other categories of staff, particularly in the Railways, are granted CL ranging from 11 to 13 days in a year. Demands have been made to increase the number of CL to 15 days for Industrial Workers and 12 days for other employees. CAPFs have also sought parity with defence forces in matters of Casual Leave.

 

Analysis and Recommendations : Regarding the number of Casual Leave, the Commission is of the view that the present system is working well and need not be altered. As far as the case of CAPFs for parity with defence forces is concerned, the Commission notes that CAPFs are essentially civilian forces and their service conditions are different from defence forces. Hence parity in terms of number of casual leave cannot be considered. To sum up, status quo is recommended.

 

Child Adoption Leave : This leave is granted to female employees, with fewer than two surviving children on valid adoption of a child below the age of one year, for a period of 135 days immediately after the date of valid adoption.

 

Analysis and Recommendations : No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Child Care Leave (CCL) : Child Care Leave (CCL) is granted to women employees for a maximum period of two years (i.e., 730 days) during their entire service for taking care of their minor children (up to eighteen years of age). There are several demands relating to CCL which include converting the same into “family care” leave, extending the facility to male parents and many representations stressing that it should be extended at least to single male parents. Suggestions have also been received that in cases where the child is differently abled, the clause stipulating that the child should be minor, should be done away with. Single mothers have highlighted their unique problems and requested the Commission for liberalising the grant of CCL. Interestingly, representations have also been made for discontinuance of the CCL, primarily on the grounds that it disrupts office working and also because it promotes gender discrimination.

 

Analysis and Recommendations : When CCL was first introduced by the VI CPC it generated considerable interest as it represented a positive measure benefiting women employees. It also took a while to stabilise and it is seen that as many as five amendments/clarifications were issued within a short period of time. As it stands, it is meant for women employees “for taking care of up to two children whether for rearing the children or looking after their needs like examination, sickness etc.” It is treated akin to Earned Leave and is sanctioned as such. It may not, however, be granted in more than three spells in a calendar year.

 

In the first two years of its implementation the experience was that women employees tended to treat this as Casual Leave or an extension of the same, and the resultant frequent absences caused disruptions at work. To address this, in September 2010, a clarification was issued stipulating that CCL may not be granted in more than three spells in a calendar year and also that it may not be granted for less than 15 days at a time. However, the latter stipulation was subsequently withdrawn and as per the latest clarification issued on 5 June, 2014 the government has decided to remove the requirement of minimum period of 15 days CCL. It has been brought to the notice of the Commission that the capping of maximum three spells in a
calendar year has, to some extent, addressed the problems relating to disruption of work.

 

Notwithstanding that, in the course of discussions with various stakeholders, the sense that has come across is that what was introduced as a welfare measure to help employees in times of need, is seen as a benefit that has to be availed simply because it exists. There is, therefore, a palpable need to bring in some inhibiting feature so as to ensure that only genuinely affected employees avail of this scheme. Towards this end the Commission recommends that CCL should be granted at 100 percent of the salary for the first 365 days, but at 80 percent of the salary for the next 365 days. In making this recommendation the Commission has also kept in mind the fact the concept of a paid (whether 100% or 80%) leave solely for child care for a period of two years, is a liberal measure unmatched anywhere else.

 

The Commission notes that in the event a male employee is single, the onus of rearing and nurturing the children falls squarely on his shoulders. Hence extension of CCL to single male parents is recommended. Moreover, the Commission recognizes the additional responsibility on the shoulders of employees who are single mothers. Accordingly, it is recommended that for such employees, the conditionality of three spells in a calendar year should be relaxed to six spells in a calendar year.

 

Commuted Leave : Presently, Commuted Leave not exceeding half the amount of half-pay leave due can be taken on medical certificate. A demands have been made to do away with the need for medical certificate.

 

Analysis and RecommendationsThe Commission does not find merit in the demand. Status Quo is recommended.

 

Earned Leave (EL) or Leave on Average Pay (LAP) : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence
personnel. EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC. Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

 

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

 

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered. The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

 

Extra Ordinary Leave (EOL) : EOL is granted to a government servant when no other leave is admissible or when other leave is admissible, but the government servant applies in writing for extraordinary leave. This leave is neither debited to leave account nor is any leave salary paid. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Furlough Leave : This leave is admissible only to defence officers for up to 60 days. It can be availed at half pay, once in a cycle of three calendar years. No demands have been received regarding this leave. However, the Commission is of the view that Furlough Leave is a legacy of the pre Independence era. Since defence officers are already entitled to double the Earned Leave and more than double the Casual Leave available to civilian employees, there is no justification for continuation of Furlough Leave. Hence, it is recommended that Furlough Leave be abolished.

 

Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

 

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended.

 

Hospital Leave : This leave is granted to Group `C’ Railway employees if they are suffering from illness or injuries directly due to risks incurred in the course of official duties, on production of medical certificate. Full pay is admissible for first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided total period of leave does not exceed 28 months. Demands have been received to increase this leave to an unlimited period of time as applicable to PBORs of defence forces.

 

Analysis and Recommendations : This has been discussed under Special Disability Leave

 

Leave Not Due (LND) : LND is granted when the employee has no half-pay leave at credit and he/she requests for the grant of Leave Not Due. It is granted only on medical certification, if the leave sanctioning authority is satisfied that there is a reasonable prospect of the employee returning to duty on its expiry. LND during the entire service is limited to a maximum of 360 days and will be debited against the half-pay leave that the employee may earn subsequently. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

 

Maternity Leave : Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate. The Commission has received representations for enhancement of Maternity leave to 240 days with full pay and further 120 days with half pay.

 

Analysis and Recommendations : It is noted that Maternity Leave was raised from 135 days to 180 days and ‘period in continuation’ raised from 1 year to 2 years by the VI CPC. No further increase is warranted. Status quo is recommended.

 

Paternity Leave : Presently, a male employee with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife, up to 15 days before or six months from the date of delivery of child. Paternity leave may also be granted to a government servant with less than two surviving children on valid adoption of a child below the age of one year, within a period of 6 months from the date of valid adoption. There are demands to increase the period to 30 days.

 

Analysis and RecommendationsPresent dispensation of 15 days is adequate. Status quo may be maintained.

 

Sick Leave : This leave is admissible to defence personnel only on account of sickness attributable/ aggravated due to service conditions. Full pay is granted for the entire duration of hospitalization. Beyond that, defence officers are allowed Sick Leave with full pay and allowances for first six months and fully pay only for next 18-24 months, while there is no such  limit for PBORs. There are demands from CAPFs for complete parity with defence forces in respect of provisions of Sick Leave.

 

Analysis and Recommendations : Discussed under Special Disability Leave.

 

Special Casual Leave (SCL) : SCL is granted to employees to cover their absence from duty for various occasions like sports events, cultural activities, participation in Republic Day Parade, voluntary blood donation, Trade Union meetings, etc. Full pay is granted during SCL and it can be sanctioned with retrospective effect also. There are demands to extend SCL to organ donors till the time they are fit to resume duty.

 

Analysis and Recommendations : The Commission would like to express its concern at the widespread use of SCL as a means of getting away from duty. However, because of the extensive scope and case specific nature of this leave, no concrete recommendations can be made. The government may, however, consider the following suggestions:
1. Review the purposes for which SCL is presently granted.
2. Limit the number of purposes for which an employee can be granted SCL in a year.
3. Limit the total number of days that an employee can be granted SCL in a year.

 

Special Disability Leave : It is admissible to civilian employees when disabled by injury intentionally or accidentally inflicted or caused by or in consequence of the due performance of official duties or in consequence of official position held. Full pay is admissible for the first 120 days and half pay thereafter. The leave may be combined with any other kind of leave due and admissible, provided the total period of leave does not exceed 24 months. There are demands to remove the ceiling limit of 24 months–the duration of leave may be left to the discretion of doctor and full pay paid for the entire period.

 

Analysis and Recommendations :  There are three different kinds of leave admissible to civilian/defence employees which are granted for work related illness/injuries–Hospital Leave, Special Disability Leave and Sick Leave. It is an established worldwide practice that employees who suffer illness/injuries that are attributable to/aggravated in the course of their duty need to be adequately compensated. However, due to the inherent difference between the nature of duties of civilians and uniformed forces, a distinction needs be made in the level of compensation provided. Having said that, there is some similarity in the risks faced by different uniformed forces, and consequently parity amongst them may be considered as far as this leave is concerned.

 

The following is, therefore, recommended:
1. Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
2. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
3. Beyond hospitalization, WRIIL will be governed as follows:

a. For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.

b. For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.

c. For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.

 

4. In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
5. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.

 

Study Leave : Presently, Study Leave may be granted to all government employees with not less than five years’ service for undergoing a special course consisting of higher studies or specialized training in a professional or technical subject having a direct and close connection with the sphere of his duties as a civil servant. It is limited to 24 months, except for CHS officers who are allowed 36 months. No demands have been received regarding this leave. Accordingly, status quo may be maintained.

Be the first to comment - What do you think?  Posted by admin - January 30, 2016 at 10:20 pm

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7th CPC Recommendations on Encashment and Accumulation of Earned Leave

7th CPC Recommendations on Encashment and Accumulation of Earned Leave

“The recommendations in relation to pay of both the civilian and defence forces personnel will also lead to a significant increase in the pay drawn and therefore in the total amount of leave encashment available for an employee. Therefore raising the present ceiling of 300 days is not recommended by the Commission”.

Earned Leave : Presently 30 days EL per annum is granted to Civilian employees and 60 days to Defence personnel.

EL can be accumulated up to 300 days in addition to the number of days for which encashment has been allowed along with LTC.

Suggestions have been made to increase the accumulation to 450 days, allow encashment of 50 percent of the accumulated EL after 20 years of service and delink encashment of leave from LTC. A novel concept of “gifting” has been put forward, wherein employee should be allowed to ‘gift’ certain number of days of leave to one’s spouse or one’s colleague. “Vacational” staff like teachers, principals, etc. have demanded restoration of 10 days EL, which was changed to 20 days Half Pay Leave by VI CPC.

Leave Encashment permitted at the time of retirement:

CPC Earned Leave
IV CPC  240 days
V CPC 300 days
VI CPC 300 days
# # excludes 60 days EL encashment during LTC

Half Pay Leave (HPL) : Presently, government employees are entitled to 20 days of Half Pay Leave for each completed year of service, credited @10 days on the 1st of January and 1st of July every year. There are representations that encashment of HPL should be allowed at the time of superannuation.

Analysis and Recommendations : The demands lack merit. Elsewhere in the report it has been recommended that 20 days HPL granted to “Vacational” staff be converted into 10 days EL. Hence, HPL will henceforth not be available to them. No change other than this is recommended

Analysis and Recommendations : In many organizations, employees are encouraged to take leave on the premise that it revitalizes them and is beneficial for the organization in the long run. Such a system is not prevalent in the government sector in India, but substituting leave with cash is also not desirable. Hence, no change in encashment guidelines is recommended.

The Commission recognizes that Earned Leave is, as the name suggests, earned by an employee through the services rendered. Hence, it is personal to the employee and the concept of “gifting” cannot be considered.

The demand of “Vacational” staff can, however, be agreed to. Hence, it is recommended that “Vacational” staff be granted 10 days EL in place of 20 days Half Pay Leave. Other than this no other change is recommended.

Be the first to comment - What do you think?  Posted by admin - January 29, 2016 at 12:30 pm

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Government to Increase Maternity Leave from 12 to 26 weeks

The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit whereby employers are liable to pay full wages for the period of leave.

Government to Increase Maternity Leave from 12 to 26 weeks – The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more.

The union government is set to increase the maternity leave for women employed in private firms from the existing 12 weeks to 26 weeks.

Women and Child Development Minister Maneka Gandhi Monday said the Ministry of Labour has agreed to increase maternity leave to six-and-a-half months. “We had written to the Labour Ministry asking that the maternity leave be extended taking into account the six months of breastfeeding that is required post childbirth. The Labour Ministry has agreed to increase it to six-and-a-half months,” said Maneka.

The Ministry of Labour is expected to amend the Maternity Benefit Act, 1961, which presently entitles women to 12 weeks of maternity benefit whereby employers are liable to pay full wages for the period of leave.

Officials of the WCD Ministry said they will push for extending the leave to eight months, or 32 weeks, for women employed in both private and government sectors.

But WCD officials said the Labour Ministry has expressed reservations about increasing the maternity leave any further as they perceive that doing so will adversely affect the employability of women.

“The Labour Ministry has decided on six-and-a-half months following meetings with various stakeholders. We, however, feel that eight months of maternity leave — for women in government as well as private sectors — is required. We will move a note to the Cabinet Secretariat in this regard. Six months of exclusive breastfeeding is very important to combat malnutrition, diarrhoea and other diseases in infants and to lower infant mortality rate,” said a WCD official.

The International Labour Organisation recommends a minimum standard maternity leave of 14 weeks or more, though it encourages member states to increase it to at least 18 weeks. At 26 weeks, India is set to join the league of 42 countries where maternity leave exceeds 18 weeks. It, however, falls behind several East European, Central Asian and Scandinavian countries, which have the most generous national legislation for paid maternity leave.

Women employed in government jobs in India get a six-month maternity leave as per the Central Civil Service (Leave) Rules 1972. The last circular in this regard was issued in 2008, when it was increased from four-and-a-half months. If the WCD Ministry’s recommendations to the Cabinet Secretariat are accepted, the Department of Personal & Training will have to issue orders to enhance it to eight months.

Moreover, women government employees are allowed to take childcare leave of up to two years in phases at any point till their child turns 18 years old. The Seventh Pay Commission recently recommended that only the first 365 days of leave should be granted with full pay, while the remaining 365 can be availed at 80 per cent of the salary. But Maneka recently petitioned Finance Minister Arun Jaitley against the proposal, terming it a regressive step at a time when women are trying to become more economically independent.

“Women in India need longer maternity leave in absence of any support in parenting from men. It should not be seen as a deduction in labour hours but as a long-term investment from the future economic point of view. This is in addition to the fact that women need long maternity leave to recuperate and invest in child care,” said Ranjana Kumari, director of the Centre for Social Research.

She added that a recent analysis of the Maternity Benefit Act by CSR for the National Commission of Women showed that discrimination against pregnant women was widely prevalent in the corporate sector in the country.

Source: gconnect.in

Be the first to comment - What do you think?  Posted by admin - December 29, 2015 at 5:28 pm

Categories: Employees News, Maternity Leave   Tags: , , , , ,

TYPES OF LEAVE ADMISSIBLE: Leave Rules – CCS (Leave) Rules, 1972

Leave Rules – CCS (Leave) Rules, 1972

 

TYPES OF LEAVE ADMISSIBLE

• Casual Leave
• Earned Leave
• Half Pay Leave
• Commuted Leave
• Leave Not Due
• Extra-ordinary Leave
• Study Leave
• Hospital Leave
• Special Disability Leave
• Maternity Leave
• Paternity Leave
• Child care Leave

 

General Conditions:- Leave

• Leave – no claim as a right;
• Can be refused/ revoked;
• Kind of leave applied can not be altered by sanctioning authority;
• Commutation of leave within 30 days;
• Can not be granted for more than 5 years at a stretch;
• Prefix / Suffix – Sundays/holidays;
• MC : Govt servants – from AMA/CGHS Dispensary;
• MC: NGOs – from RMP;
• Period of over-stayal debited as HPL with no pay/allowances;
• Disc. Action on willful absence from duty after expiry of leave.

 

Casual Leave

• Not a recognised form ;
• Can be combined with special CL / vacation only;
• Sundays/holidays falling during a period of CL not counted;
• Sundays / holidays / restricted holidays can be prefixed/suffixed;
• Can be availed for half a day;
• Total 08 days admissible in a calendar year;
• Normally more than 5 days at a time not allowed;
• Joining in middle of year-proportionately or full – at the discretion.

 

Earn Leave

• 15 days on 1st January/July in advance;
• Credit reduced @ 1/10th of EOL& Dies non in previous half year;
• Rounding – fraction;
• Accumulation up to 300+15 days;
• Fresh appointment , Retirement /removal / dismissal / death in middle of half year – @ 2½ days per completed month;
• 180 days maximum can be availed at a time, exception
• Unavailed joining time credited in EL account.
• Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days)

Half Pay Leave

• 10 days on 1st January/July in advance;
• Credit reduced @ 1/18th of Dies non;
• Rounding – fraction;
• Accumulation – No limit;
• Fresh appointment – @ 5/3 days p.m.;
• Retirement /removal / dismissal / death in middle of half year
• Temp. Employee – grant subject to his return to duty;
• Can be on MC/without MC;
• On MC- Comm. Leave on full pay if applied for.

 

Commuted Leave

• Not exceeding half of HPL balance on medical certificate;
• up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest;
• up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old;
• up to 60 days to a female G.S. w/o MC in continuation of maternity leave;
• Granted only if reasonable prospects of the G.S. returning to duty on its expiry.
• If quits service- period treated as HPL;
• If quits on ill health/death – No recovery.

 

Leave not due

• To permanent GS with no HPL at credit;
• Only on MC;
• Limited to HPL – G.S. likely to earn in remaining service period;
• Debited in HPL a/c;
• Temp. GS with min. 01 year of service – suffering from TB, Cancer or Mental illness can be granted .
• Not granted as LPR.

 

Leave not due-Exception

• To female GS w/o MC – in continuation of maternity leave;
• To female GS w/o MC – on adoption of a child less than one year old.
• Max. 360 days during entire service .

 

Leave Not Due [LND]

• Cancelled if GS does not return to duty – L.S. recovered;
L.S. not to be recovered :
– if resigns due to ill- health incapacitating him for further service,
– if retired prematurely,
– in the event of death.

Extra Ordinary Leave (EOL)

• When no Other leave is admissible; or
• When Other leave admissible, but Govt. servant applies for EOL;
Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit

For temporary officials: -

– Up to 03 months with or w/o MC;
• with a minimum of 01 year’s service- – up to 06 months with MC for common ailments;
– Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;
• With three or more year’s service
– up to 24 months where the leave is required for studies certified to be in public interest.

 

Maternity Leave- Female Employees

• Admissible to married/unmarried female G.S.; – Pregnancy: 135 days;
– Miscarriage / abortion: total 45 days in the entire service.
• Leave is not debited to leave account.
• It is granted on full pay.
• It may be combined with leave of any other kind.
• Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave;
• Not admissible for ‘threatened abortion’

 

Paternity Leave-Male Govt. Servant

• To male Govt. servant with less than two surviving children.
• It is not debited in leave account.

Leave salary equal to last pay drawn is admissible

Study Leave

• Five year’s service (I/c period on probation)
• For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant;

• Study leave can be :
– Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;
– not debited to the leave account;
– Requisite Bonds in the prescribed forms are required to be executed

• Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India;

• Leave Salary:
- Pay plus DA, HRA, CCA & study allowance admissible outside India;
– No study allowance admissible for course in India.

 

Special Disability Leave

• When disabled by injury intentionally inflicted or caused in due performance of official duties;

• When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post;

• Period of leave to be certified by AMA;

• Maximum 24 months;

• Not be debited to the leave account;

• First 120 days on full pay , after that on HPL;

• Period counts for pension.

 

Hospital Leave

• Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and

• Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties.

• Certificate of AMA necessary;

• Period of leave considered necessary by authority;

• Total period combined with any other kind not exceeding 28 months;

• Not be debited to the leave account;

• First 120 days on full pay , after that on HPL.

• Period counts for pension.

 

Child Care Leave

Who are entitled for Child Care Leave?

• Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older.

• Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate)

• No. CCL is not applicable to third Child.

• The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days.

• No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

Be the first to comment - What do you think?  Posted by admin - May 17, 2014 at 10:38 am

Categories: CCS, Central Government Jobs, Employees News, General news   Tags: , , , , , , , , , , , , , , , ,

ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

Those who were recruited and appointed as regular postal employee in various cadres like Postal Assistant /Sorting Assistant or Postman or MTS they are entitled for leave from the date of joining in the post as detailed below.

Earned Leave  : 15 days for 6 completed months of service
Half Pay Leave : 10 days for 6 completed months of service
Casual Leave : 8 days for calendar year
Restricted Holidays : 2 days for calendar year

As detailed above, therefore the Government servant can avail per year with full pay & allowances

EL : 30 days
CL/MC: 10 days
CL : 8 days
RH : 2 days

Total : 50 days.

Note:
EL and Half pay leave can be accumulated in the individual leave account without limit barring EL will 300+15 days. Hence the GS can avail as and when they need leave limited to maximum 180 days in a single spell. While on retirement from service Cash equivalent to leave salary will be paid for the balance of EL at their credit subject to maximum of 300 days.

Source : http://indianjobguru.in/

Be the first to comment - What do you think?  Posted by admin - March 24, 2014 at 5:39 pm

Categories: Employees News, General news, Postal Department   Tags: , , , , , , ,

Leave Rules for Railway Apprentices / Trainees

Leave Rules for Railway Apprentices / Trainees

Apprentices for the leave rules includes:

Apprentice Mechanics under training in workshops.
Other apprentices who are not governed by apprentices Act1961, attached to the workshops and printing Presses.
Apprentices under training for non-gaztted posts in all other departments who are posted to supervisory posts after training such as Apprentice Train Examiners, Apprentice Permanent Way Inspectors, Stores Apprentices, etc.
Casual leave 

10 days in a calendar year.

LAP/LHAP

Apprentices may be granted leave on full stipend for a period not exceeding 16 days and on half stipend on medical certificate for a period not exceeding 20 days in any year of apprenticeship.
These leave will be non-accumulative and no leave shall be granted if it would interfere with the training.

Extraordinary leave(ExL)

Apprentices may be granted extraordinary leave (without stipend) by the General Manager under the rules applicable to temporary railway Servants
Hospital leave

Apprentices injured on duty are entitled to hospital leave.
Maternity Leave

A female Railway employee (including an apprentice, temporary employee, casual labour with temporary status, irrespective of their length of service) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 135 days from the date of its commencement. This leave shall not be debited against leave account.(Rule 1417 of IRMM).

Paternity Leave

A male railway servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife.(Rule 1418 of IRMM)
Recalculation of leave on absorption in service

On subsequent absorption, without a break, if the period of apprenticeship or training as probationer, is treated as service, recalculation of leave may be allowed as is permissible under the normal operation of the rules.
Ref:

Rule 1908 Chapter 19 of of Indian Railway Establishment Manual Vol

Rules 533-537 of Chapter 5 of Indian Railway Establishment Code Vol I
Rules 1417-1418 of Indian Railway Medical Manual

Source: http://indianrailwayemployee.com/content/leave-rules-railway-apprentices-trainees

Be the first to comment - What do you think?  Posted by admin - August 25, 2012 at 5:25 am

Categories: General news, Railways   Tags: , , , ,