Leave

What is leave?

  1. Leave includes earned leave, half pay leave, commuted leave, leave not due and EOL.
  2. Earned leave means leave earned in respect of period spent on duty and all kinds of leave except EOL w.e.f.24.11.88. Earned leave due means the amount of earned leave at the credit of GE.
  • Half pay leave means leave earned in respect of completed years of service; Half pay leave due means the amount of half pay leave, calculated as prescribed In rule 8.119.
  1. Commuted leave means leave taken on medical grounds, which is debited double the amount of leave.
  2. EOL means leave without salary but to be given only under special circumstances;
  3. Leave preparatory to retirement.

How is leave earned?

      Leave is earned by duty as well as leave except EXTRA Ordinary Leave. 8.1 of CSR Volume 1, part I.

What are the rates of earned leave?

  • Service < 10 years’ service @1/24 of duty & leave except EOL : 15 days;
  • Service of 10 years’ but < 20 years @1/18 of duty & leave except EOL :20 days;
  • Service of 20 years’ and more @1/12of duty & leave except EOL : 30 days. . . .

 

Which period is countable for calculating earned leave?

With effect from 24.11.1988, the period spent on duty and all kinds of leave except EOL is countable for calculating earned leave.

What is the extent of accumulation of earned leave?

  • Upto 30.6.59-180 days;
  • 7.59 to 23.11.88 -no limit;
  • 11.88 to 17.11.97-360 days; and
  • 11.97 onwards- 450 days. . .

Leave accounts are required to be maintained?

Yes leave accounts of Gezetted and Non Gezetted shall be maintained by the Head Of the Department or Head Of Office, as the case may be. 8.51 of CSR Volume 1, part I.

How Earned leave and commuted leave accounts are maintained?

The earned leave and commuted leave accounts are maintained in the service book of every Govt. Employee as under:-

Suppose date of appointment of an employee is 01.02.2000. He has taken leave from 1.5.2005 to 24.5.2005 for domestic work. He has also taken commuted leave for 15 days from 1.6.2006 to 15.6.2006. His Leave account on 31.12.2006 will be as under:-

Earned leave account

Half pay leave (HPL) account

Period

Earned leave

Period

HPL at credit

1.2.2000 to 31.12.2000 = 335 days

1.1.2001 to 31.12.2004 = 1461 days

1.1.2005 to 30.04.2005 =  120 days

Total days                        = 1916 days

1916X1/24 = 79 & 20/24

79&20

24

1.2.2000 to 31.1.2006

= 6 X 20 =120 days

120 days

Less leave taken from 1.5.2005 to 24.5.2005

24 days

Less leave taken from 1.6.2006 to 15.6.2006 = 15 days but being commuted leave double the amount is to be debited

30 days

Balance as on 30.4.2005

55 &20

24

Balance as on 31.1.2006

90 days

1.5.2005 to 31.12.2006 = 610 days

610 X 1/24 = 25 & 10/24

25 & 10

24

No Calculation because anniversary has not changed

Balance as on 31.12.2006

81 &06

24

Balance as on 31.12.2006

90 days

 

Rates of earned leave in vacation department?

  • Employees of the vacation department are entitled to 8 daysearned leave for every completed year spent on duty 8.117(a).
  • However, if in any year he has been prevented from availing himself of the full vacation he is entitled to the earned leave as is admissible to the employees of non-vacation department as under:-
    • Up to 10 years’ service-15 days;
    • Next 10 years’ service-20 days;
    • Thereafter, 30 days . . . 8.117(b).
  • If an employee of the Vacation Department avails himself of a part of vacation, the EL proportionately admissible under rule 8.117(b) together with 8 days will not exceed the maximum limit admissible, as above.
  •  

Can leave be claimed as a matter of right?

      No leave cannot be claimed as a matter of right. Competent Authority can refuse leave, if the circumstances of public service so warrant. 8.15 of CSR Vol 1, part I.

In which form the leave or an extension thereof should be applied?

      Application for leave should be made on form Punjab CSR No. 2. 8.4 of CSR.

To whom the GE should submit his application for leave or an extension thereof?

      To the Authority competent to grant leave as provided in Appendix 12 as under:-

Sr.No.

Authority

To whom

Extent

1.

Heads of the Deptts

All Gezetted Class I and II (now Group A & B) officers working under the HoD.

Full powers

2.

Heads of offices

All Class III and IV (now Group C & D) employees working under the HoO.

Full powers

8.4 and 8.23 of CSR Vol 1, part I.

 

Can leave sanctioning authority (LSA) refuse the leave applied for by a GE?

      The LSA can refuse the leave applied for when the exigencies of public service so require. 8.15 of CSR Vol 1, part I.

 

Can the nature of leave due and applied for be altered (changed)at the option of the LSA?

 

      The nature of the leave cannot be altered at the option of the LSA. 8.15 of CSR Volume 1, part I.

Can EOL be sanctioned when earned leave is due and applied.

      EOL may be sanctioned in special circumstances i.e. when no other leave is due or when other leave is admissible but GE himself applies for the same.8.12 of CSR Volume 1, part I.

Does the grant of medical certificate confer upon any right of the GE to leave?

      No this does not in itself confer upon any right to leave. It must be sanctioned. He will be treated as absent. 8.16(1) of CSR Vol 1, part I.

 

Who can issue medical certificate for leave to a GE?

      Medical certificate given by a RMP or a Vaid or Hakim or a Homoeopathic Practitioneris valid for sanctioning leave on medical ground. However, the authority competent to sanction leave reserve the right to seek second medical opinion from the Civil Surgeon or Asstt. Civil surgeon. 8.13 of CSR Vol 1, part I.

Can leave be granted to GE whom the CA has decided to dismiss (etc) from service?

      No. leave shall not be granted to such employee. 8.19 of CSR Vol 1, part I

 

Can Sundays and other holidays be prefixed and suffixed?

      Yes Sundays and other holidays including restricted holidays can be suffixed and prefixed. 8.26 of CSR Volume 1, part I and letter dated 4.4.1973.

 

Can private or commercial employment be taken during leave?

      Ordinarily no. But can accept with the previous sanction of the CA. 8.41 of CSR Volume 1, part I.

 

Can a GE be recalled from leave?

      Yes but some concessions like TA for return journey, period on voyage for calculation of leave before 24.11.88, etc are to be given to him. 8.42 of CSR Volume 1, part I.

Can a GE on leave resume the duty at his own?

      No. He cannot return to the duty before the expiry of leave unless he is permitted to do so by the CA. 8.43 of CSR Volume 1, part I.

Can a GE on medical certificate return to duty on expiry of leave?

      No unless he submits medical fitness certificate. 8.44 of CSR Volume 1, part I.

Can a GE who is on leave return to the same duty?

      No. He should report his arrival and await orders. 8.45 and 8.46 of CSR Volume 1, part I.

 

What is to be done if GE does not resume duty after expiry of leave? Or what is over-stayal of leave?

      Unless the CA extends the leave, no leave salary is to be paid for the period of absence;  period to be debited to leave account as HPL or if not due as EOL.

Willful absence may attract disciplinary action. 8.47 of CSR Volume 1, part I.

Is leave admissible to GE engaged on contract basis?

Leave admissible to the GE engaged on contract will be determined by the terms of their contract. But those should not be in excess of leave admissible to the permanent GE. 8.57 of CSR Volume 1, part I.

What is EOL and when it can be granted?

EOL is leave without any salary. It can be granted when no other leave is admissible or the GE himself applies for it. 8.121 of CSR Vol.I, part I.

What is leave salary?

Monthly amount paid to the GE on leave.2.34 and 8.122 of CSR Vol.I, part I.

 

At what rate the leave salary to be paid?

An officer on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on leave.

 

Can leave salary be given in advance?

Yes as provided in rule 8.122 one month’s net pay can be given as advance.

What are additional kinds of leave granted in special circumstances?

  1. Special disability leave of maximum 24 months where a GE has been disabled to perform his duties – 8.124 of CSR Volume I, part I.
  2. Study leave to study scientific and technical and similar problems. Not to be debited to leave account. 8.126 of CSR Volume I, part I and Appendix 20.
  • Maternity leave to a female GE for 180 days – not to be debited to leave account. 8.127(a) of CSR Volume I, part I.
  1. After 8.11.1995 maternity leave for miscarriage or abortion to be restricted to 45 days during the entire service. 8.127 Note 2 of CSR Volume I, part I.
  2. Hospital leave may be given to Group IV and III employees may be given whose duties involve dangerous machinery, explosive material and poisonous drugs etc. not to be debited to the leave account. 8.127(c) of CSR Volume I, Part I.
  3. Three months adoption leave is admissible to a female GE on adopting new born child. (Child Care Leave -Rule 8.128 – A).
  • Paternity leave of 15 days as commuted leave can be granted to Male GE having less than two children. Rule 8.128.

Which kinds of leave are not debitable to the Leave A/c?

  1. EOL 8.121
  2. Special disability leave 8.124
  3. Study leave – 8.126
  4. Maternity leave – 8.127 (a)
  5. Hospital leave – 8.127 (e)
  6. Adoption leave – 8.128 – A.
  7. Child Care leave – 8.128 – B.

Upto what extent leave encashment is given?

      Cash equivalent of leave salary in lieu of unutilized earned leave.Maximumfor 300 days. It is pay plus DA and not CCA and HRA etc. 8.21 (a) of CSR Vol 1, part I.

How is LE calculated?

      Pay plus DA admissible on the date of retirement X no. of days of unutilized leave/30 subject to maximum 300 w.e.f.1.1.1996. 8.21(c) of CSR Vol 1, part I.Example:

      Pay in pay band          22000

      Grade Pay                     5000

      DA on above(100%)     27000

      Total                           54000X300= 540000.Payable amount is Rs. 5,40,000/-.

                                                      30

Is leave encashment to be given to the family of GE who dies while in service?

Yes amount is to be paid to the family of the GE. 8.122(8)of CSR Vol.I, part I.

 

Can leave encashment (LE) be withheld?

      Yes, it can be withheld, where disciplinary proceedings are pending and possibility of some amount becoming recoverable is there. 8.21(aa) of CSR Vol 1, part I read with letter no. 3-2(3)-1FCD-86/1730, dated 11.2.1987.

When leave at credit is lapsed?

      On the date of retirement. The accumulated leave beyond 300 days will lapse to the Govt. 8.21 of CSR Volume 1, part I.

                                                                              ****

APPENDIX-17

                                          (Pb. C.S.R.Volume-I, Part-II)

    Casual, Quarantine leave,  Family Planning leave and Sports lea ve.

Is a GE on casual leave treated as absent?

GE on casual and quarantine leave is not treated as absent. He is on duty. 8.60 of CSR Vol 1, part I.

What is scale of casual leave, how is it calculated and how is its accounting?

  1. Scale It is admissible as follows:-
  2. To employees with 10 years’ service or less – 10 days;
  3. To employees with more than 10 years service but less than 20 years service – 15 days;
  4. To employees with over 20 years service – 20 days; Appendix 17.
  5. Women employees are entitled 20 days CL every year irrespective of number of years of service put in by them. Letter No.10/11/88-FPI/775, dated 22.8.1989.
  6. How calculated: From the date the employee completes 10th or 20th year of service, he will get casual leave according to the next higher scale, from the beginning of calendar year.
  • Accounting of casual leave: Leave account to be maintained annually from 1st Jan to 31st Leave from 25th Dec to 5 Jan to an employee will be debited to the two years account. 8.61 of CSR Vol 1, part I.

Can a GE who is on casual leave on the date of increment, draw the same?

Yes because casual leave is no leave. However, if on earned leave, increment to be drawn on joining the duty. 8.61 of CSR Vol 1, part I.

What is treatment of casual leave?

  1. Short leave upto 2 hrs is one third; upto 3 and half hrs – half day and beyond this period – full day.
  2. When 2nd half is declared as holiday, application for first half leave- to be treated as full day.
  • Full casual leave to be given to employee, who joins service at any time of calendar day.

Can Restricted leave be sent from home?

Yes,  restricted leave can be sent from home. Letter dated 20.4.1999.

When first half is taken as CL and second half is declared as holiday, how the leave to be treated?

The employees applying for first half day C/L to be treated as full day leave for the day, when 2nd half is declared as holiday. Letter dated 28.4.1994.

 

Quarantine leave..up to 21 days extendable up to 30 days to a G.E. due the presence of     quarantine, on the recommendation of the Distt. Health Officer…Cholera, Small pox, Plague, Diphtheria, Typhus fever, Cerebrospinal Meningitis are considered infectious diseases.

Family Planning leave…For male 6 working days and for female employee it 14 days.

      Sports leave up to 30 days in a Calendar year.

 

 

                                                                       

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