Leave Rules
General Principles:
Leave cannot be claimed as a right, and the sanctioning authority has the discretion to refuse or revoke leave. Continuous leave exceeding five years is not allowed, and overstaying leave can lead to disciplinary action
Earned Leave (EL):
- Credited at 15 days on the 1st of January and July each year, up to a maximum accumulation of 300 days.
- EL can be availed for up to 180 days at a time, with exceptions for preparatory retirement
- Credit for earned leave is given in advance at a uniform rate of 15 days on January 1st and July 1st each year. However, this credit is reduced by one-tenth for any extraordinary leave taken or periods of "dies non" during the previous half-year, with a maximum reduction of 15 days. Earned leave can be accumulated up to 300 days, excluding any encashment allowed with LTC.
- If the balance is between 286 and 300 days, additional credit will be set aside and adjusted against any leave taken during the half-year.
- If less than 15 days of leave is taken, the remainder will be added to the leave account, but only up to the 300-day limit. In the case of new appointments or those retiring, resigning, or being dismissed, credit is given at 2.5 days per completed month of service.
- If a government servant passes away while in service, credit is provided up to the date of death. Any leave taken in the final half-year will result in a proportionate reduction in the earned leave. Fractions of leave are rounded to the nearest day.
- Unavailed joining time refers to the portion of the joining time that a government servant is eligible for but does not use when taking up a new post, with a maximum of 15 days being credited to their earned leave (EL) account. This applies if the individual is ordered to join the new post without using the full joining time, or if they join alone and bring their family later within the permissible time to claim travel allowance. However, the total EL, including unavailed joining time, should not exceed 300 days, excluding days allowed for encashment with Leave Travel Concession (LTC).
- It is important to note that any advance credit shown separately in the leave account does not apply. Additionally, one day of joining time for transfers within the same station cannot be credited if not availed. Earned leave can be taken for up to 180 days at a time, with exceptions allowing Group 'A' and 'B' officers to take up to 300 days if the excess days are spent outside specified countries or as preparatory leave for retirement.
Half Pay Leave (HPL):
- Credited at 10 days per half-year, can be taken with or without a medical certificate. Temporary officials may need proof of return to duty after leave.
- Up to December 31, 1985, half-pay leave was calculated at 20 days for each completed year of service, which included periods of duty and leave (including extraordinary leave with or without medical certificates).
- However, periods of suspension treated as dies non or unregularized overstay of leave/joining time were excluded.
- From January 1, 1986, half-pay leave is credited in advance at 10 days every January 1st and July 1st. For new appointments, the advance credit is at a rate of 5/3 days for each completed calendar month of service in that half-year.
- If the employee has periods of suspension treated as dies non during the previous half-year, the half-pay leave credited is reduced at a rate of one-eighteenth of the dies non period, with a maximum reduction of 10 days.
- For government servants due to retire or resign, the credit is 5/3 days for each completed month up to their retirement or resignation date. If removed or dismissed, the credit applies similarly until the month preceding the final month of service, and in the case of death, the credit is provided until the date of death.
- Half-pay leave can be used with or without a medical certificate, and temporary officials may avail of this leave if the authority is satisfied they will return to duty, except when the official is permanently incapacitated. Leave fractions are rounded off to the nearest day when credited.
Commuted Leave:
- HPL can be converted into Commuted Leave on a medical certificate. It may also be granted without a medical certificate for study or adoption cases, or if combined with maternity leave.
- Commuted leave can be availed under certain conditions according to government leave rules. First, an employee may take commuted leave, not exceeding half of the available half-pay leave, based on a medical certificate (Rule 30 (1)).
- However, no medical certificate is required in specific cases: (a) up to 90 days for a course of study deemed in public interest (Rule 30 (1-A)), (b) up to 60 days for female employees after maternity leave (Rule 43 (4)), and (c) up to 60 days for female employees who adopt a child under one year of age, provided they have fewer than two living children (Rule 43-B). Importantly, commuted leave can only be granted if the sanctioning authority is satisfied the employee will return to duty, and it cannot be used as leave before retirement (Rule 30 (1)(a)).
- The number of commuted leave days taken is deducted as twice the amount from the half-pay leave account (Rule 30 (1)(d)). If an employee who has taken commuted leave voluntarily leaves service without returning to duty, the leave will be converted into half-pay leave, and any excess salary will be recovered, unless the employee retires due to ill health or dies (Rule 30 (2)).
- Commuted leave may also be granted even if earned leave is available, upon request (Note under Rule 30). Additionally, employees who are not covered under the CGHS can take commuted leave for medical reasons based on certificates from approved hospitals or practitioners associated with their spouse's employer.
Leave Not Due (LND):
- Granted when HPL is unavailable, usually on a medical certificate, and debited from future HPL credits. It's limited to 360 days throughout service.
- Leave Not Due (LND) can be granted to permanent government servants who have no half-pay leave available. Temporary officials with at least one year of service and suffering from illnesses such as TB, leprosy, cancer, or mental illness may also be eligible if their position is expected to remain open upon their return.
- LND is typically granted based on a medical certificate, unless the leave continues after maternity leave or is for a female employee adopting a child under a year old.
- The amount of leave is limited to the half-pay leave the employee is expected to earn later and cannot exceed 360 days during their entire service. LND is deducted from future half-pay leave.
- It is not allowed as Leave Preparatory to Retirement. If an employee resigns or voluntarily retires without returning to duty after using LND, the leave is canceled, and the leave salary must be recovered.
- If the employee returns to duty but resigns before earning the equivalent leave, the unearned leave salary must also be refunded.
- However, no recovery is required if retirement is due to health reasons or other specific provisions like premature retirement. Finally, LND can be granted even if the employee's leave account is in debit due to previous LND use.
Extraordinary Leave (EOL):
- Granted when no other leave is available, with no pay or allowances during this leave. The duration varies based on the employee's length of service and specific conditions.
- Extraordinary leave (EOL) for government servants is granted in specific situations. It can be availed when no other leave is available or when the servant, despite being eligible for other leave, applies in writing for EOL as per Rule 32 (1).
- However, EOL cannot be taken during the notice period when opting for voluntary retirement (GID 2, Rule 32).
- Regarding the limits, no government servant can take leave continuously for more than five years, but within this limit, permanent employees may be granted any amount of EOL (Rule 12). Temporary employees, on the other hand, have restrictions: they can take up to 3 months of EOL with or without a medical certificate, 6 months for common ailments (with a certificate if they’ve completed a year of service), and up to 18 months for serious conditions like cancer or tuberculosis (Rule 32).
- Those with three or more years of service may be granted up to 24 months for studying in the public interest. Additionally, Scheduled Castes/Tribes officials may be granted extended leave for pre-examination training (Rule 32).
- Two periods of EOL separated by other types of leave will count as one continuous spell, and EOL can also be used to regularize past unauthorized absences (Rule 32).
Maternity Leave:
- Female employees are entitled to 180 days of paid maternity leave, with additional leave for miscarriage or abortion. This leave is not deducted from the leave account.
Paternity Leave:
Male employees are entitled to 15 days of leave during the confinement of their spouse or adoption, which is not debited from the leave account.
Child Care Leave (CCL):
Women and single male employees with minor children can take up to 730 days of CCL for child-rearing or attending to children's needs.
Work-Related Illness and Injury Leave (WRIIL):
Full pay is granted during hospitalization for work-related illness or injury, with subsequent leave on full or half pay depending on the recovery period.