CCS Leave Rules / Orders

(Courtesy: www.dopt.gov.in)

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All Type of Leaves

CASUAL LEAVE

As provided in the explanation below Rule 11 of the CCS (Leave) Rules, 1972, Casual Leave (CL) is not a recognized form of leave and is not subject to any rules made by the Government of India. A Government servant on casual leave is not treated as absent from duty and his pay is not intermitted.

For administrative reason and in order to ensure, as far as possible, uniformity of treatment in this respect, the following instructions have been (almost universally) laid down by various organizations:-

  1. Casual Leave can be granted only when this can be done without inconvenience to public, or administration, and the work of the employee can be distributed and performed by the remaining staff or can be held up without inconvenience till his return to duty.
  2. Casual Leave is limited to maximum of 8 days in a calendar year. The number of days specified is maximum only and no one can claim the maximum number of days as a matter of right.
  3. Individuals appointed and joining duty during the middle of a calendar year may be allowed Casual Leave proportionately, or to the full extent (8 days) at the discretion of the Competent Authority.
  4. Casual Leave is intended essentially for short periods of absence due to unexpected contingencies. Such leave should ordinarily be granted for short periods of 1, 2 or 3 days but not exceeding 5 days at any one time. The head of the office may however waive this condition in any individual case if he considers that there are exceptional circumstances justifying a relaxation in this regard.
  5. At the year-end (31 Dec), un-utilized Casual Leave lapses and not carried forward.
  6. Saturdays, Sundays, Public Holidays and weekly offs falling within the period of Casual Leave, or preceding or following it, should not be counted as part of the Casual Leave.
  7. Casual Leave can be combined with Special Casual Leave / Vacation but not with any other kind of leave (such as EL, HPL, EOL, etc.). It cannot be combined with joining time.
  8. Casual Leave can be taken while on tour, but no daily allowance will be admissible for the period of CL. LTC can be availed during Casual Leave.
  9. Casual Leave can be taken for half day also. Delay in attendance is also regularized by granting CL for half day.
  10. The authority competent to grant Casual Leave is the head of the office, and where the applicant is himself the head of the office, the authority immediately superior to him. The Head of the office under the control of a Gazetted officer may delegate the power to grant casual leave to any authority subordinate to the latter. The decision of this authority to grant or not to grant casual leave is final.

ILLUSTRATIONS

  1. Maximum CLs admissible for different Joining Months will be as follows :-  Jan – 7, Feb – 6.5, Mar – 6, Apr – 5, May – 4.5, Jun – 4, July – 3, Aug – 2.5, Sep – 2, Oct – 1.5,  Nov – 1, and Dec – Nil. However, in such cases the competent authority may grant more CLs but not exceeding 8 days.
  2. An employee availed CL from Wednesday to Friday. Monday was a Public Holiday. Now, the employee can not avail CL on Tuesday. However, he can avail CL for half day on Tuesday afternoon session.

 

CHILD CARE LEAVE (CCL)

Introduction of child care leave in respect of Central Government employees as per recommended in the sixth Central Pay Commission, women employees having minor children may be granted CCL by an authority competent to grant leave for a maximum period of 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. Hence Earned Leave availed specifically for this purpose only should be converted. Child Care Leave shall not be admissible if the child is eighteen years of age or older. On recommendations of sixth pay commission, the CCL was announced to help women employees to take better care of their children and family.

Details regarding Child Care Leave
“child” means

(a) a child below the age of eighteen years: or

(b) a child below the age of twenty—two years with a minimum disability of forty per cent as specified in the Government of India in Ministry of Social Justice and Empowerment’s Notification No.16-18/97-NI.I. dated the 1st June. 2001.

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.

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.
As in the case of Earned Leave, we can prefix or suffix Saturdays, Sundays, and Gazetted holidays with the Child Care Leave. Under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning authority.
During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
Child Care Leave shall not be debited against the leave account. There is also no condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate).
The intention of the Pay Commission in recommending Child Care Leave for women employees was to facilitate women employees to take care of their children at the time of need. However, this does not mean that CCL should disrupt the functioning of Central Government offices. The nature of this leave was envisaged to be the same as that of earned leave.
LTC cannot be availed during Child Care Lcave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.
Clarification on the admissibility of House Rent Allowance (HRA) during the Child Care Leave (CCL) – Reg.

The undersigned is directed to refer to Para 6(a)(i) of this Ministry’s O.M.No.2(37)-E.II(B)/64 dated 27.11.1965, as amended from time to time, on regulation of House Rent Allowance during Leave which stipulates that a Government servant is entitled to draw HRA…..during total leave of all kinds not exceeding 180 days and the first 180 days of the leave if the actual duration of leave exceeds that period, but does not include terminal leave, ….. It has also been stipulated, thereunder, that drawal of the allowance (HRA) during the period of leave in excess of first 180 day availed of on grounds other than medical grounds mentioned in sub-para (ii), shall be subject to furnishing of the certificate prescribed in Para 8(d) of the O.M. ibid.

2. This Ministry has been receiving representations from the female employees that certain Central Government Ministries / Department / Establishments are not allowing HRA during the Child Care Leave (CCL), especially when taken in continuation of Maternity Leave of 180 days. The reason for their reluctance may be the fact that CCL has been first introduced on the recommendations of the 6th Central Pay Commission, though the Department of Personnel & Training (DoPT), vide their O.M .No 13018/1/2010-Estt.(Leave) dated 07.09.2010 inter-alia, reiterated that the leave (CCL) is to be treated like Earned Leave and sanctioned as such.

3. It is, therefore, clarified that the ‘total leave of all kinds’ as referred to in Para 6(a) of this Ministry’s OM dated 27.1.65 ibid, will include Child Care Leave for regulating grant of HRA during leave, subject to fulfiment of all other conditions stipulated thereunder, from time to time. It is also clarified that drawal of HRA during leave (including CCL) in excess of first 180 days, if otherwise admissible, shall be subject to furnishing of the certificate prescribed in Para 8(d).

4. These orders take effect from 01.09.2008. HRA during CCL, if not paid to women employees who are entitled to it as per this clarification, may be reconsidered, if so requested by the concerned employee.

CCS (Leave) (Fourth Amendment) Rules, 2011.

1. (i) These rules may be called the Central Civil Services (Leave) (Fourth Amendment) Rules. 2011

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

2. For rule 43-Col the Central Civil Services (Leave) Rules, 1972. the following rule shall be substituted, namely:—

43—C(I). Subject to the provisions of this rule, a woman Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of 730 days during her entire service for taking care of her two eldest surviving children. whether for rearing or for looking after any of their needs, such as education, sickness and the like.

(2) For the purposes of sub—rule (I). “child” means

(a) a child below the age of eighteen years: or

(b) a child below the age of twenty—two years with a minimum disability of forty per cent as specified in the Government of India in Ministry of Social Justice and Empowerment’s Notification No.16-18/97-NI.I. dated the 1st June. 2001.

(3) Grant of child care leave to a woman Government servant under sub-rule (I) shall he subject to the following conditions namely:

(i) it shall not he granted for more than three spells in a calendar year:

(ii) it shall not he granted for a period less than fifteen days at a time: and

(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer. Provided that the period for which such leave is sanctioned is minimal.

(4) During the period of child care leave, the woman Government servant shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(5) Child care leave may he combined with leave of any other kind.

(6) Notwithstanding the requirement of production of medical certificate contained in sub-rule (I) of rule 30 or sub-rule (I) of rule 31, leave of the kind due and admissible (including commuted Leave not exceeding sixty days and Leave Not Due) upto a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1).

(7) Child care leave shall not he debited against the leave account.

 

COMMUTED LEAVE

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Commuted Leave to central Govt. employees are explained here under.

  1. Commuted Leave on Medical Certificate [CCS Leave Rule – 30(1)]
    Commuted Leave not exceeding half the amount of Half Pay Leave (HPL) due may be granted on medical certificate to a Government servant (other than a military officer), subject to the condition that the authority competent to grant leave is satisfied that there is reasonable prospect of the Government servant returning to duty on its expiry.
  2. Commuted Leave for Study [CCS Leave Rule – 30(1A)]
    Half pay leave up to a maximum of 180 days may be allowed to be commuted during the entire service (without production of medical certificate) where such leave is utilized for an approved course of study certified to be in the public interest by the leave sanctioning authority.
  3. Effect of Resignation/VR on Commuted Leave [CCS Leave Rule – 30(2)]
    Where a Government servant who has been granted commuted leave resigns from service or at his request permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave shall be recovered.
    Provided that no such recovery shall be made if the retirement is by reason of ill-health incapacitating the Government servant for further service or in the event of his death.

NOTES –
1.        When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due.
2.        Commuted leave may be granted at the request of the Government servant even when earned leave is due to him.

Illustration – If an employee has 411 days of HPLs to his credit, he may avail Commuted Leave up to 205 days on medical certificate, or up to 180 days for pursuing any recognized course of study. Now, if that employee avails Commuted Leave of 65 days, then 130 HPLs will be deducted from his account leaving a balance of 281 HPLs.

 

EARNED LEAVE

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Earned Leave to central Govt. employees are explained here under.

  1. Entitlement [CCS Leave Rule – 26 (1) (a) (i)]
    The leave account of every Government servant (other than a military officer) who is serving in a Department other than a Vacation Department, shall be credited with earned leave, in advance, in two installments of 15 dayseach on the first day of January and July of every calendar year, provided that the earned leave at credit together with the un-availed joining time allowed to be so credited shall not exceed 300 days (excluding* the number of days for which encashment has been allowed along with Leave Travel Concession while in service).
    * Including till 31/08/2008 as the amendment was made by sixth CPC w.e.f 01/09/2008.
  2. Un-availed Joining Time [CCS Leave Rule – 26 (1) (a) (ii)]
    When a Government servant joins a new post without availing full joining time by reasons that – (a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled, or (b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming traveling allowance for the family, the number of days of joining time as admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to the maximum of 15 days reduced by the number of days actually availed of, shall be credited to his leave account as earned leave,  provided that the earned leave at his credit together with the un-availed joining time allowed to be so credited shall not exceed 300 days
  3. Carry forward [CCS Leave Rule – 26 (1) (b)]
    The leave at the credit of a Government servant at the close of the previous half-year shall be carried forward to the next half-year subject to the condition that the leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 300 days.
    Provided that where the earned leave at the credit of Government servant as on the last day of December or June is 300 days or less but more than 285 days, the advance credit of 15 days earned leave on first day of January or July to be afforded  shall, instead of being credited in leave account, be kept separately and first adjustedagainst the earned leave that the Government servant takes during that half-year and the balance, if any, shall be credited to the leave account at the close of the half-year, subject to the condition that balance of such earned leave plus leave already at credit do not exceed the maximum limit of 300 days.

Illustration –If, there are 289 days of EL as on 31/12/2010, then on 01/01/2011 the EL account be made 289 (15) and EL to be availed during 01/01/2011 and 30/06/2011 be first adjusted against the (15) days and then from 289 days. Now, supposing EL availed during the half-year is 12 days, then on 01/07/2011, 3 days will be credited to the EL account, which then will be 292 (15) days on that day. Alternatively, if  EL availed during the half-year is 21 days, then on 01/07/2011 the EL account will be made 283 (15) instead of 292 (15) days.

  1. Limit on grant of EL [CCS Leave Rule – 26 (2) & (3)]
    The maximum earned leave that may be granted at a time shall be –
    (i)                  180 daysin the case of any Government servant employed in India, or
    (ii)                300 days, if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan, provided that where EL for a period exceeding 180 days is granted under this sub-rule, the period of such leave spent in India shall not exceed 180 days.
    Note – Above limit is subject to provisions in Rule – 7, 26 (1), and 39.
  2. Calculation of Earned Leave [CCS Leave Rule – 27]
    (1)          Earned leave shall be credited to the leave account of Government servant at the rate of 2½ days for each completedcalendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed.
    (2A)       The credit for the half-year in which a Government servant is due to retire or resigns from the service shall be afforded only at the rate of 2½ days per completed calendar month up to the date of retirement or resignation.
    (2B)       When a Government servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2½ days per completed calendar month up to the end of the Calendar month preceding the calendar month in which he is removed or dismissed from service of dies in service.
    (3)          If a Government servant has availed of extraordinary leave and/or some period of absence has been treated as dies non in a half-year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by 1/10th of the period of such leave and/or dies non subject to maximum of 15 days.
    (4)          While affording credit, fractions of a day shall be rounded off to the nearest days.
    Note – A period spent in Foreign Service shall count as duty for purposes of this rule, if contribution towards leave salary is paid on account of such period.

Illustration – If an employee joins in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 13, 10, 8, 5, 3, and Nil ELs, respectively for that half-year. Similarly, if an employee resigns (not on the last day) in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for Nil, 3, 5, 8, 10, and 13 ELs. However, if an employee resigns on the last day or due to retire in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 3, 5, 8, 10, 13, and 15 ELs.

  1. EL for Vacation Staff [CCS Leave Rule – 28]
    Above provision apply to the employees working in non-vacation establishments and the non-vacation staff in vacation establishments. Provisions of EL for vacation staff are different as contained in Rule-28 of the CCS (Leave) Rules, 1972. Those provisions have been explained in the “Vacation Staff” sub-page.

 

EXTRA ORDINARY LEAVE (EOL)

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Extra Ordinary Leave to central Govt. employees are explained here under.
1.         Extra-ordinary Leave to Permanent Employee [CCS Leave Rule – 32(1)]
Extraordinary leave (subject to maximum limit as per Rule-12, i.e. 5 years) may be granted to a Government servant (other than a military officer) in special circumstances-
(a)        When no other leave is admissible.
(b)        When other leave is admissible, but the Government servant applies in writing for the grant of extraordinary leave.

  1. Extra-ordinary Leave to Temporary Employee [CCS Leave Rule – 32(2)]
    Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government servant, who is not in permanent employ or quasi-permanent employ, shall be granted extraordinary leave on any one occasion in excess of the following limits:-
    (a)        Three months;
    (b)        Six months where the Government servant has completed one year’s continuous serviceon the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a) and his request for such leave is supported by a medical certificate as required by these rules;
    (c)        Eighteen months, where the Government servant who has completed one year’s continuous service is undergoing treatment for – (i) Pulmonary Tuberculosis or Pleurisy of tubercular origin, in a recognized sanatorium; (ii) Tuberculosis of any other part of the body by a qualified Tuberculosis Specialist or a Civil Surgeon or Staff Surgeon; or (iii) Leprosy in a recognized leprosy institution or by a Civil Surgeon or Staff Surgeon or a Specialist in leprosy hospital recognized as such by the State Administrative Medical Officer concerned; (iv) Cancer or for mental illness, in an institution recognized for the treatment of such disease.
    (d)        Twenty-four months, where the leave is required for the purpose of prosecuting studies certified to be in the public interest, provided the Government servant concerned has completed three years’ continuous service on the date of expiry of leave of the kind due and admissible under these rules, including three months’ extraordinary leave under Clause (a).
  2. Requirement of Bond [CCS Leave Rule – 32(3)]
    (a) Where a temporary Government servant is granted extraordinary leave for the purpose of prosecuting studies, shall be required to execute a Bond in Form 6 undertaking to refund to the Government the actual amount of expenditure incurred by the Government during such leave plus that incurred by any other agency with interest thereon in the event of his not returning to duty on the expiry of such leave or quitting the service before a period of three years after return to duty.
    (b) The Bond shall be supported by Sureties from two permanent Government servants having a status comparable to or higher than that of the Government servant.
  3. EOL to SC/ST Employees [CCS Leave Rule – 32(4)]
    Government servants belonging to the Scheduled Castes or the Scheduled tribes may, for the purpose of attending the Pre-Examination Training Courseat the centers notified by the Government from time to time, be granted extraordinary leave by Head of Department in relaxation of the provisions of sub-rule (2).

CCS Leave Rule – 32(5) – Two spells of extraordinary leave, if intervened by any other kind of leave, shall be treated as one continuous spell of extraordinary leave for the purposes of sub-rule (2).

CCS Leave Rule – 32(6) – The authority competent to grant leave may commute retrospectively periods of absence without leave into extraordinary leave.

 

HALF PAY LEAVE

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Half Pay Leave to central Govt. employees are explained here under.

  1. Entitlement [CCS Leave Rule – 29 (1)] 
    The half pay leave account of every Government servant (other than a military officer and those covered by Rule 28 ) shall be credited with half pay leave in advance, in two installments of ten dayseach on the first day of January and July of every calendar year.
  2. Calculation of Half Pay Leave [CCS Leave Rule – 29 (2)]
    (a)        The leave shall be credited to the said leave account at the rate of 5/3 days for each completedcalendar month of service which he is likely to render in the half–year of the calendar year in which he is appointed.
    (b)        The credit for the half-year in which a Government servant is due to retire or resigns from the service shall be allowed at the rate of 5/3 days per completed calendar month up to the date of retirement or resignation.
    (c)        When a Government servant is removed or dismissed from service or dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service or dies in service.
    (d)        Where a period of absence or suspension of a Government servant has been treated as dies non in a half-year, the credit to be afforded to his half pay leave account at the commencement of next half-year, shall be reduced by one-eighteenth of the period of dies not subject to a maximum of ten days.
  3. Employees covered under Rule – 49 [CCS Leave Rule – 29 (3)]
    A Government servant, who is eligible for Departmental leave under Rule 49, shall be entitled to half pay leave of twenty days on completion of twelve months of actual duty.
  4. Medical Certificate [CCS Leave Rule – 29 (4)]
    The leave under this rule may be granted on medical certificate or on private affairs.
  5. Rounding-off [CCS Leave Rule – 29 (5)]
    While affording credit of half pay leave, fraction of a day shall be rounded off to the nearest day.
  6. HPL to Vacation Staff
    Vacation staff were not entitled to any HPL vide DOPT O.M. No. 18011/3/80-Estt.(Leave), dated 03/09/1981, and Notification No. 18011/3/80-Estt.(L), dated 28/7/1984. The facility of HPL has now been restored to the vacation staffat par with other Government employees w.e.f 01/09/2008 as per Rule-29 vide DOPT O.M. No. 13013/2/2008-Estt.(L), dated 11/11/2008.

Note – Unlike EL, there is no maximum limit for HPL for accumulation in the Leave A/c of an employee.

Illustration – If an employee joins in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 8, 7, 5, 3, 2, and Nil HPLs, respectively for that half-year. Similarly, if an employee resigns (not on the last day) in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for Nil, 2, 3, 5, 7, and 8 HPLs. However, if an employee resigns on the last day or due to retire in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 10, 8, 7, 5, 3, and 2 HPLs.

LEAVE SALARY

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating payment of Leave Salary to central Govt. employees are explained here under.

  1. Amount of Leave Salary [CCS Leave Rule – 40]
    (1)        Except as provided in sub-rule (7), a Government servant who proceeds on Earned Leaveis entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave.
    NOTE – In respect of any period spent on Foreign Service out of India, the pay which the Government servant would have drawn if on duty in India but for Foreign Service out of India shall be substituted for the pay actually drawn while calculating leave salary.
    (3)        A Government servant on Half Pay Leave or leave not due is entitled to leave salary equal to half the amount specified in sub-rule (1).
    (4)        A Government servant on Commuted Leave is entitled to leave salary equal to the amount admissible under (sub-rule (1).
    (5)        A Government servant on Extraordinary Leave is not entitled to any leave salary.
    (7)        In the case of a Government servant who is granted Earned Leave during the period of re-employment, the leave salary shall be based on the pay drawn by him exclusive of the pension and pension equivalent of other retirement benefits.
    (8)        In the case of a person to whom the Employees’ State Insurance Act, 148 (34 of 1948) applies, leave salary payable during leave, other than earned leave, shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
    (9A)     If, in the case of a Government servant whoretires or resigns from the service, the leave already availed of is more than the credit so due to him, necessary adjustment shall be made in respect of leave salary, if any, overdrawn.
    (9B)     Where the quantum of earned leave already availed of by a Government servant who is dismissed or removed from service or who dies while in service is in excess of the leave credit under Clause (b) of sub-rule (2) of Rule 27, the overpayment of leave salary shall be recovered in such cases.
  2. Drawal of Leave Salary [CCS Leave Rule – 41]
    The leave salary payable under these rules shall be drawn in rupees in India.
  3. Advance of Leave Salary [CCS Leave Rule – 42]
    A Government servant, including a Government servant on Foreign Service, proceeding on leavefor a period not less than thirty daysmay be allowed an advance in lieu of leave salary up to a month’s pay and allowances admissible on that leave salary subject to deductions on account of Income Tax, Provident Fund, House Rent, Recovery of Advances, etc.
    NOTE-1:         Leave salary advance may also be allowed to Central Government servants transferred temporarily to posts other than under Central Civil Departments. The borrowing authority should be informed of this by making a suitable provision in the terms of the transfer of the Government servants concerned.
    NOTE-2:         The concession may be allowed also to State Government servants transferred temporarily to posts under Central Civil Departments.
  4. Increment during Leave [Author’s Analysis]
    It can be inferred from Rule – 40 (1) that an employee shall not earn increment falling due during the period of any kind of leave including the Saturdays/Sundays/Holidays prefixed and/or suffixed to the holiday. The financial benefit in such cases is given w.e.f the date on which the employee resumes duty after availing leave. It can be further inferred that when the date of increment [01-July for all w.e.f 01/01/2006] happens to be a Saturday/Sunday/Holiday, the employee should not avail any leave either on the previous or the next working day to earn the increment on that date [i.e. 01-July]

 

MATERNITY LEAVE & PATERNITY LEAVE

Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Maternity Leave and Paternity Leave to central Govt. employees are explained here under.

  1. Maternity Leave for Giving Birth [CCS Leave Rule – 43 (1)]
    A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a continuous periodnot exceeding 180 days (in each occasion) [DOPT O.M. No. 13018/1/2008-Estt.(L), dated 11/09/2008].
    NOTE – In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period.
  2. Maternity Leave for Miscarriage [CCS Leave Rule – 43 (3)]
    Maternity leave not exceeding 45 daysmay also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19.
    Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.
  3. Maternity Leave – Other Provisions 
    CCS Leave Rule – 43 (4)(a)  Maternity leave may be combined with leave of any other kind.
    CCS Leave Rule – 43 (4) (b)  Notwithstanding the requirement of production of medical certificate contained in Rule 30(1) or Rule 31(1), leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years (one year up to 31/08/2008) may, if applied for, be granted in continuation of maternity leave.
    CCS Leave Rule – 43 (5) –Maternity leave shall not be debited against the leave account.
  4. Paternity Leave [CCS Leave Rule – 43A]
    (1)        A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave for a continuous period of 15 days, during the confinement of his wife for birth, i.e. up to 15 days before, or up to six months from the date of delivery of the child.
    (2)        The paternity Leave may be combined with leave of any other kind.
    (3)        The paternity leave shall not be debited against the leave account.
    (4)        If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
  5. Child Adoption Leave [CCS Leave Rule – 43B] 
    (1)        A female Government servant(including an apprentice) with less than two surviving children, on valid adoption of a child of below the age one year, may be granted Child Adoption Leave for a period not exceeding 180* days immediately after the date of valid adoption.
    (2)        In continuation of Child Adoption Leave, a female Government servant, may also be granted leave of the kind due and admissible (including leave not due and commuted leave not exceeding 60 days without production of medical certificate) for a period up to one year or till such time the child is one year old, whichever is earlier.
    (3)**     A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below one year, may be granted Child Adoption Leave by an authority competent to grant leave for a continuous period not exceeding 15 days (in each occasion) within a period of six months from the date of valid adoption.
    (4)        However, this facility will not be admissible in case the Government servant is already having two surviving children at the time of adoption.
    Increased to 180 days, and ** newly introduced for  male Government servants vide DOPT O.M. No. 13018/1/2009-Estt.(L), dated 22/07/2009