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
Categories: Employees News Tags: CCL, Central Government Employees, Chile Care Leave, Commuted Leave, Earned Leave, Extraordinary Leave, Half Pay Leave, Leave Not Due, Leave Rules, Maternity Leave, Paternity Leave, Study Leave, Types of Leave
Paternity Leave (PL) for Railway Employees
- Granted to male Railway employees (including Apprentices) with less than 2 surviving children.
- Granted for 15 days.
- During the period of confinement of wife of a Railway employee . Can be availed in the period between 15 days prior and 6 months after the date delivery of the child.
- Can availed only in one spell.
- If not availed it will be lapsed.
- It is not to be debited against leave account.
- Maybe combined with any other type of leave as in Maternity Leave.
- Leave salary equal to pay drawn just before proceeding on leave.
- Paternity Leave may not normally be refused.
- May be granted to Casual Labour who has temporary status for 15 days.
- With effect from 22.07.2009 it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.
Source: Paternity Leave
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.
Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Lok Sabha has confirmed that 15 days of Paternity Leave would be available to bank employees as accepted under the 10th Wage Negotiation Settlement signed between Indian Banks’ Association (IBA) and the Unions/Associations of employees
Male Bank Employees eligible for 15 days Paternity leave as accepted under the 10th Bank Wage Negotiation Settlement – Minister of Finance confirms in Lok Sabha.
Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Lok Sabha has confirmed Grant of 15 days Paternity Leave to bank employees
Paternity Leave to Bank Employees
Grant of Paternity Leave to bank employees has been accepted under the 10th Wage Negotiation Settlement signed between Indian Banks’ Association (IBA) and the Unions/Associations of employees.
Male employees with less than two surviving children shall be eligible for 15 days paternity leave during his wife’s confinement and may be availed upto 15 days before or upto 6 months from the date of delivery of the child.
This was stated by Shri Jayant Sinha, Minister of State in the Ministry of Finance in written reply to a question in Lok Sabha today.
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 Recommendations : The 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 Recommendations : Present 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.
IBA Clarification on Paternity Leave, Encashment on LFC, Re-fixation of Pay and Special Allowance
ALL INDIA BANK EMPLOYEES’ ASSOCIATION
Singapore Plaza, 164, Linghi Chetty Street, Chennai – 600001
ALL UNITS AND MEMBERS:
27th July, 2015
We reproduce hereunder the IBA’s Circular No.1120 dated 25-7-2015 providing clarification on the following issues referred to them.
1. Paternity Leave of 15 days can be availed by the employees within 6 months even if the date of delivery of the child was before 1-6-2015.
2. No leave is required to be taken for the purpose of encashment on LFC.
3. For Re-fixation of Pay for Ex-servicemen employees joined/joining the Banks on and from 1-11-2012, Special Allowance of 7.75% + DA will not be reckoned/included.
4. Special Allowance of 7.75 % + DA thereon will be included for encashment of PL on LFC/retirement.
5. Benefit of advancement of stagnation increment by one or two years for those who passed JAIIB/CAIIB/Graduation after reaching 19th/20th Stage shall be effective from 1st November, 2012.
HR & Industrial Relations
July 25, 2015
Designated Officers of Member Banks which are parties to the BPS
X BP SETTLEMENT – CLARIFICATIONS
1. Paternity Leave:
Clause 32 of the X Bipartite Settlement provides the benefit of Paternity Leave w.e.f. 1.6.2015 to male employees with less than two surviving children for 15 days during his wife’s confinement and may be combined with any other kind of leave except Casual Leave. The leave may be availed upto 15 days before or upto 6 months from the date of delivery of the child.
Clarifications: The leave may be granted to an employee even where the date of delivery of the child was prior to 1.6.2015, provided, however, that the leave is availed within six months from the date of delivery. Further, the leave shall be sanctioned 15 days before the delivery or up to 6 months after the delivery.
2. Leave Fare Concession:
Clause 19 (iv) of IX Bipartite Settlement dated 27.4.2010 provided that an employee encashing the facility of Leave Fare Concession shall proceed on leave for a minimum period of one day.
Clarifications: Clause 19 (iv) of X Bipartite Settlement dated 25.5.2015 does not have this provision and hence with effect from 1.6.2015, employees may be allowed the facility of encashing of Leave Fare Concession without the requirement of availing Leave for this purpose.
3. Treatment of Special Allowance for fixation of Pay for Ex-Servicemen re-employed in Banks: Under Clause 9 of the X BPS, Special Allowance at the rate of 7.75% of the Basic Pay with applicable DA thereon will be paid w.e.f. 1.11.2012.
Clarification: Queries have been received as to whether the same is to be reckoned for the purpose of encashment of PL on LFC/retirement, Overtime, and while pay fixation of Exservicemen joined the service of the Banks on or after 1.11.2012. It is clarified that the Special Allowance is to be reckoned at the time of PL encashment on LFC/retirement, the same shall not be reckoned for the purpose of fixation of pay of Ex-servicemen who are remployed in Banks on or after 1.11.2012.
4. Adjustment/advancement of stagnation increment to employees who acquire JAIIB/CAIIB/ Graduation: Clause 11 of X BPS dated 25.5.2015 provides that in case where the non-subordinate employees as on the date of this Settlement, has already acquired JAIIB (Part-I) or CAIIB (Part-II)/ Graduation after reaching maximum of the scale of Pay (in case of JAIIB/ CAIIB/ Graduation) or after reaching 19TH stage of scale of Pay (in case of CAIIB/Graduation), and has not earned increment(s), otherwise entitled on account of acquiring such qualification, when there were no increments to provide in the scale of pay of those employees, the stagnation increment in such cases may be advanced by one year or two years as the case may be.
Clarification: Non-subordinate employees who acquires such qualification after reaching the 19th or 20th stagnation, their next immediate stagnation increment may be advanced accordingly by one/two years as the case maybe, w.e.f. 1.11.2012 or the actual date of such advancement whichever is later.
Member banks may please be guided as above.
Deputy Chief Executive
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.
• 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.
• 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.
• 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
• 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.
• 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.
Categories: CCS, Central Government Jobs, Employees News, General news Tags: Casual Leave Earned Leave, CCS (Rules), Child Care Leave, Clarifications, Commuted Leave, Extra-ordinary Leave, Government Employees Leave types, Half Pay Leave, Hospital Leave, Leave Not Due, Leave Rules, Maternity Leave, Paternity Leave, Special Disability Leave, Study Leave, Types of leaves, Types of leaves for Government Servant
How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave – Dopt clarified for this question in recent orders…
Paternity Leave for Child Adoption/Child Adoption Leave
Sl. No. / Frequently asked Questions / Answer
1. How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave?
As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.