MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING

NOTIFICATION

New Delhi, the 15th May, 2023

GSR. 374(E).namely- In exercise of the powers conferred by proviso to article 309 read wit clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:

1. Short title and commencement.-(1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules, 2023.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Leave) Rules, 1972 (hereinafter referred to as the said rules), in rule 43-AA, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “six months from the date of valid adoption’, the following shall be substituted, namely: –

“surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days, within a period of six months, from the date of accepting the child in pre-adoption foster care or on valid adoption, as the case may be:

Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Government Servant”.

3. In the said rules, in rule 43-B, in sub-rule (1), for the portion beginning with the words “surviving children, on valid adoption” and ending with the words “after the date of valid adoption”, the following shall be substituted, namely: –

“surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:

Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Government Servant’.

[F.No. A-2401 1/6/2023 -Estt. (Leave)]
MANOJ KUMAR DWIVEDI, Addl. Secy.

Note : The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (11), dated 8th April, 1972 vide number S.O. 940, dated the 15th March, 1972 and last amended vide notification number G.S.R. 1209(E), dated the 1st December, 2018 published in the Gazette of India, Extraordinary, Part II, Section II, Sub-section(i), dated the 14th December, 2018.

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Ministry of Labour & Employment

Introduction of Paternity Leave System

05 FEB 2020

The Government is not planning to introduce any paternity leave system to men employed by organizations / companies in private sector.

Also check: PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

This information was given by Shri Santosh Kumar Gangwar, Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

PIB

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Ministry of Defence
New Delhi, the 11th December, 2019
THE NAVY LEAVE REGULATIONS – 2019

S.R.O.105.— In exercise of powers conferred by section 184 of the Navy Act, 1957 (62 of 1957), the Central Government hereby makes the following regulations namely:-

CHAPTER I

GENERAL

1. Short Title. These regulations may be called the Navy Leave Regulations, 2019.

2. Application. They shall apply to Officers (including Special Duties List Officers), Sailors and Artificer Apprentices of the Indian Navy.

3. Claim to Leave. Leave shall not be claimed as of right. Its grant shall be subject to the exigencies of the Service.

4. Classification of Leave. Leave admissible to different categories of personnel shall be of the following kinds, namely:-

(a) Regular Officers (including Special Duties List Officers).

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Leave on invalidment.

(vi) Child Care Leave (for Women officers).

(vii) Child Adoption Leave (for Women officers).

(viii) Paternity Leave on birth of a child.

(ix) Paternity Leave on adoption of a child.

(x) Maternity Leave.

(xi) Study Leave.

(xii) Special Casual Leave.

(b) Short Service Commissioned Officers.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Furlough.

(iv) Sick Leave.

(v) Special Casual Leave.

(vi) Leave on invalidment.

(vii) Leave on termination of engagement.

(viii) Child Care Leave (for Women Officers).

(ix) Child Adoption Leave (for Women Officers).

(x) Paternity Leave on birth of a child.

(xi) Paternity Leave on adoption of a child.

(xii) Maternity Leave.

(c) Sailors.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Compassionate Leave.

(v) Leave on discharge or retirement.

(vi) Paternity Leave on birth of a child.

(vii) Paternity Leave on adoption of a child.

(d) Artificer Apprentices.

(i) Casual Leave.

(ii) Annual Leave.

(iii) Sick Leave.

(iv) Paternity Leave on birth of a child.

(v) Paternity Leave on adoption of a child.

5. Date of Commencement and Termination of Leave.

(a) Leave shall commence on the date on which an individual is relieved from duty if relieved in the forenoon, and on the following day if relieved in the afternoon.

(b) Leave shall terminate on the day preceding the date of re-joining, if an individual re-joins duty in the forenoon, or on the date of re-joining, if he re-joins in the afternoon.

(c) Notwithstanding anything contained in this regulation:-

(i) (aa) Leave of Gorkha Officers shall commence or terminate on the date of crossing the Nepal border; leave of officers domiciled in Bhutan shall commence on the date of crossing the Bhutan border.

(ab) If a sailor, who has availed himself of the additional leave under regulation 46, alongwith Annual Leave or accumulated Annual Leave during the first year of a block of two years is granted Annual Leave or accumulated Annual Leave in the second calendar year of the block, that leave shall commence or terminate on the dates of crossing the Nepal or Bhutan border with no entitlement to the additional leave.

(ii) In case of personnel serving afloat, leave shall terminate on the date of their reporting to the ship on which they are borne; and in case the ship on which they are borne is temporarily away from the home port or from the port where it was scheduled to be at the time, the personnel shall report to the shore establishment of that port and their leave shall be considered as terminated on the date of reporting to the shore establishment.

(iii) For personnel serving ashore ex-India, leave in India shall commence on the date on which such personnel proceed on leave from the shore establishment to which they are appointed or transferred on arrival in India and terminate on the date they are required to report for duty prior to proceeding ex-India.

(iv) The leave of Naval personnel serving in the Andaman and Nicobar Islands and on ships based on these Islands shall commence and terminate on reporting at IN Ships Adyar, Netaji Subhash and Circars.

(v) Leave of Naval personnel serving in the mainland and having their homes in Lakshadweep Islands will begin at Naval Detachment, Kochi/ NCC, Calicut from the date they are put on a vessel for their home island and will terminate on the date of their reporting back at the station aforesaid. They will be transported between the mainland and the Islands by the earliest available suitable merchant ship. The period of travel to and fro between the duty station and Naval Detachment, Kochi/ NCC, Calicut, as well as the period of stay at Kochi/ Calicut till personnel are put on a vessel, will be treated as on duty. Sailors proceeding on Annual Leave/ accumulated Annual Leave, in whose case the period of journey between Naval Detachment, Kochi/ NCC, Calicut and the leave station exceeds two days each way, will be allowed an additional leave in terms of regulation 45(d) of these regulations.

6. Prefixing and Suffixing of Holidays to Leave.

(a) If a recognised holiday (such as a Sunday, Republic Day or the like) falls on the day immediately preceding the day from which leave has been granted or such holiday follows the last day of the leave granted, an individual who is not required for duty on such holiday may with his Commanding Officer’s express permission, leave his station at the close of the day before, or return to duty at the end of such holiday, provided no extra expense is caused to the State.

(b) An individual shall be considered, as on duty, during such holiday, which shall not count against the number of days for which leave is granted.

Explanation I : The concession prefixing or suffixing of holiday to leave shall not be admissible in the case of Gorkha personnel whose leave commences or terminates on the date of crossing the Nepal or Bhutan borders under Regulation 5, Sub-regulation (c).

Explanation II : The concession of prefixing and suffixing of holidays to leave will not be admissible to sailors who enjoy the benefit of additional leave in terms of Sub-regulation (d) of Regulation 45.

Explanation III : Restricted holidays shall be treated as recognised holidays where such holidays are prefixed or suffixed to leave.

7. Place from which Leave is taken and Place at which Duty is resumed on Termination of Leave .

(a) Individual shall ordinarily proceed on leave from, and re-join after expiry of leave at their permanent duty stations.

(b) Officers not below the rank of Captain may be permitted to proceed on, or re-join duty from leave at station other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters)and by the Flag Officer Commanding-in-Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limit of their respective Commands, provided that:-

(i) It is necessary or expedient in the public interest for the officer to perform temporary duty at that time at a station other than his permanent duty station, and

(ii) If the officer concerned is not required to perform the duty, it would be necessary to detail some other person to perform it.

(c) Officers below the rank of Captain may be permitted, provided it results in saving to the State, to proceed on, or re-join duty from, leave at stations other than their permanent duty stations by the Chief of the Naval Staff (in the case of officers serving at Naval Headquarters) and by the Flag Officer Commanding-in- Chief Western Naval Command, the Flag Officer Commanding-in-Chief Eastern Naval Command, the Flag Officer Commanding-in-Chief Southern Naval Command, the Commander-in-Chief Andaman Nicobar Command and the Naval Advisers or Attachès in Indian Missions abroad, within the limits of their respective Commands.

(d) Sailors serving in the ships and establishments may, at the discretion of the Commanding Officers, be permitted to proceed on or re-join duty from leave at stations other than their permanent duty stations in which they are serving, provided it results in saving to the State.

Explanation : The provisions of this regulation shall not apply:-

(i) To Casual Leave which counts as duty;

(ii) In the case of officers who are granted leave on the conclusion of course of ten weeks’ duration or more as well as those who are detailed to attend such courses whilst on leave; and

(iii) In case where establishments or units of establishment move temporarily enbloc to places away from their permanent stations as well as to detachments located away from permanent stations.

8. Leave Entitlement. Leave entitlement for officers and personnel attached to other establishments due to disciplinary cases, will be as follows:-

(a) Officers and personnel attached to other establishments, due to disciplinary cases, are not deemed to be performing normal duty and no leave is, therefore, ordinarily permissible to them:

Provided that, in exceptional cases leave due may be granted on extreme compassionate grounds by the authority, who issued orders for their attachment to such establishment.

(b) Personnel permitted to proceed on leave from a station other than the permanent duty station may be permitted to re-join at that station, if necessary.

(c) Leave granted under this regulation shall be restricted to the barest minimum and shall not be granted unless the authority granting the leave is satisfied that it would not hamper or unduly delay the progress of the disciplinary case.

9. Overstayal of Leave.

(a) Officers.

(i) If an officer overstays his leave (except Casual Leave) no pay shall be admissible for the period of overstayal, unless an extension of leave to cover that period is granted by the Competent Authority. Cases of overstayal of Casual Leave beyond the normal entitlement at a time shall be regularised by Naval Headquarters, provided the total period of Casual Leave availed by the officer does not exceed the maximum amount of such leave admissible during the year.

(ii) In cases where the maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Administrative Authorities, the entire spell of Casual Leave including the period of extension or overstayal shall be treated as Annual Leave or Furlough for that year, if due.

(iii) If an officer is compelled to overstay his leave due to natural calamities like floods, earthquakes, landslides, etc, the overstayal upto 30 days in excess of the maximum leave admissible, may be regularised by Naval Headquarters at their discretion by adjustment against his future Annual Leave entitlement or Furlough as may be considered appropriate.

(b) Sailors or Artificer Apprentices. If a Sailor or Artificer Apprentice overstays his leave, the following principles shall apply, namely:-

(i) If found guilty, he shall be dealt with under the Navy Act 1957 and awarded mulcts of pay in accordance with Regulation 41 of the Regulations for the Navy, Part II.

(ii) If not found guilty, (in case of leave other than Casual Leave) an extension to cover the period in question shall be granted by the Leave Sanctioning Authority, which shall be debited to his Annual Leave account for the current year. If no Annual Leave is due for that year, such leave shall be treated as an advance of the next year’s Annual Leave. Cases of overstayal of Casual Leave beyond the normal entitlement at time, shall be regularised by the authorities mentioned in sub-clause (ab) of clause (ii) of sub-regulation (d) and provided the total period does not exceed the maximum amount of such leave admissible during the year. In cases where maximum amount of Casual Leave admissible in a year is exceeded as a result of overstayal by the individual or extension by the Commanding Officer of the Ship or Establishment, the entire spell of Casual Leave including the period of extension or overstayal, shall be treated as Annual Leave for that year, if due.

(c) In cases of overstayal of Casual Leave due to individual’s own sickness beyond the maximum Casual Leave admissible in a year, the entire period involved (Casual Leave and overstayal thereof) shall, in the first instance, be debited to the Annual Leave entitlement of the year in which Casual Leave is granted, if due. Cases of overstayal of Casual Leave due to individual’s own sickness which are not so covered by their Annual Leave entitlement involve overstayal up to 60 days from the date of falling sick shall be regularised as provided in sub-regulation (d), and by the authorities specified in clause (ii) therein, subject to satisfaction about its genuineness, after making necessary inquiries. 

(iii) Cases involving overstayal beyond 60 days from the date of falling sick shall be submitted to Central Government for orders.

Explanation 1 : In cases where future leave does not accrue to an individual due to his retirement or discharge, the periods mentioned in sub-clause (aa) and (ac) of clause (i) shall be treated as Extraordinary Leave without pay and allowances by the authorities specified in sub clauses (aa) and (ab) of clause (ii).

Explanation 2 : In case where the period of overstayal is required to be adjusted against the following year’s Annual Leave entitlement, the Annual Leave of that year shall be regarded as proportionately consumed for carrying out necessary adjustments. The grant of leave on compassionate grounds in the following year if necessary, shall be dealt with under Regulation 48.

(iv) If a sailor overstays the leave granted to him due to natural calamities like floods, earthquakes and landslides the period of overstayal of leave up to 30 days may be regularised by the Commanding Officer at his discretion (overstayal of accumulated Annual Leave shall be so regularised under the orders of the Administrative Authority) . The first 15 days of the 30 days limit may be treated as Special Leave with full pay and allowances, and the remaining period upto15 days may be adjusted against the future leave entitlement of the individual. In the case of Artificer Apprentices, Special Leave with full pay and allowances upto 15 days may be sanctioned at the discretion of the Commanding Officer. Any period of overstayal of leave beyond 30 days in the case of Sailors or 15 days in the case of Artificer Apprentices, shall be reported to the Chief of Personnel for orders. In such cases, the period of overstayal may be regularised at the discretion of the Chief of Personnel by grant of leave without pay.

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GDS: Maximum 5 Days Emergency Leave for Gramin Dak Sevaks

Department of Posts (Ministry of Communications) notified on 3rd January 2019 regarding the Emergency Leave for a maximum of Five Days in a calendar year for all categories of Gramin Dak Sevkas (GDS).

Earlier, the Central Government approved and implemented the recommendations of Kamlesh Chandra Committee report to GDS Employees. Now, Central has decided to sanction the Emergency Leave to GDS Employees recommended by the Kamlesh Chandra Committee.

Consolidated instructions provided in the office memorandum and the benefit effective from 1.1.2019.

The Kamlesh Chandra Committee has recommended on Leave as follows…

• Provision of 26 weeks of Maternity Leave for women GDS has been recommended.
• The wages for the entire period of Maternity Leave is recommended to be paid from salary head from where wages of GDSs are paid.
• The Committee has also recommended one week of paternity leave.
• Leave accumulation and encashment facility up to 180 days has been introduced

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 88 /2018

New Delhi, dated: 14.06.2018

No. E(P&A)I-2005/ALL/RPF-2

The General Managers and Principal Financial Advisers,
All Indian Railways and Production Units.

Sub: Ration Money Allowance during leave other than LAP.

Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave.

2. The matter has been examined in Board’s Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave.

3. The other terms and conditions as stipulated in para 4 of Board’s letter of even number dated 10.06.2009 remain unchanged.

4. This disposes off Integral Coach Factory’s letter No. PB/CBS/RB dated 11.12.2017.

5. Please acknowledge receipt.

S/d,
(N P Singh)
Jt. Directorate/E(P&A),
Railway Board.

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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

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• 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

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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.

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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.

PIB

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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.

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