Absent on Strike will not be treated as dies non and no salary will be deducted in case of leave like Child Care Leave, Maternity Leave, Earned Leave, etc.

GOVERNMENT OF WEST BENGAL

FINANCE DEPARTMENT

AUDIT BRANCH

No.6649-F(P)                                                                                   

  Dated:04/09/2015

MEMORANDUM 

In this department Memorandum No. 6535-F(P) dt. 01.09.2015 it has been mentioned that no leave will be granted to any employee commencing from a date before 2nd September, 2015 and continuing thereafter excepting on the grounds as mentioned in the Memorandum No. 2013-F(P) dt. 06.03 .2012. It has also been mentioned there that in such case the entire period of absence will be treated as dies non and no salary will be admissible.

Now confusion has arisen, if this will be applicable in case of already sanctioned leave like Child Care Leave, Maternity Leave, Earned Leave etc. In this connection, attention is drawn that in the said order dt. 0l.09.2013 it has also been mentioned that absence will be treated as dies non and salary will not be admissible unless the same is covered by the grounds in Finance Department Memorandum No. 2013-F(P) dt. 06.03.2012 where one such ground is that the provision will not apply in case of employees who had been on leave continuing from before.

Now, to remove the confusion it is clarified that absence will not be treated as dies non and no salary will be deducted or treated to be inadmissible in case of leave like Child Care Leave, Maternity Leave, Earned Leave, etc. sanctioned before the date of issuance of Finance Department's order No.6535-F(P) dated 1.9.2015.

Sd/-

H. K. Dwivedi

Principal Secretary to the

Government of West Bengal

Source : http://www.wbfin.nic.in/writereaddata/6649-F(P).pdf

KINDS OF LEAVE ADMISSIBLE - CCS (Leave) Rules, 1972

KINDS OF LEAVE ADMISSIBLE - CCS (Leave) Rules, 1972

Leave Rules  - CCS (Leave) Rules, 1972

KINDS  OF LEAVE ADMISSIBLE •      Casual Leave •      Earned Leave •      Half Pay Leave •      Commuted Leave •      Leave Not Due •      Extra-ordinary Leave •      Study Leave •      Hospital Leave •      Special Disability Leave •      Maternity Leave •      Paternity Leave •      Child care Leave

General Conditions:- Leave •      Leave - no claim as a right; •      Can be refused/ revoked; •      Kind of leave applied can not be altered by sanctioning authority; •      Commutation of leave within 30 days; •      Can not be granted for more than 5 years at a stretch; •      Prefix / Suffix - Sundays/holidays; •      MC : Govt servants - from AMA/CGHS Dispensary; •      MC: NGOs - from RMP; •      Period of over-stayal  debited as HPL with no pay/allowances; •      Disc. Action on willful absence from duty after expiry of leave.

Casual Leave •      Not a recognised form ; •      Can be combined with special CL / vacation only; •      Sundays/holidays falling during a period of CL not counted; •      Sundays / holidays / restricted holidays can be prefixed/suffixed; •      Can be availed for half a day; •      Total 08 days admissible in a calendar year; •      Normally more than 5 days  at a time not allowed; •      Joining in middle of year-proportionately or full - at the discretion.

Earn Leave •      15 days on 1st January/July in advance; •      Credit reduced @ 1/10th of EOL& Dies non in previous half year; •      Rounding - fraction; •      Accumulation up to 300+15 days; •      Fresh appointment , Retirement /removal / dismissal / death in middle of half year - @  2½ days per completed month; •      180 days maximum can be availed at a time, exception •      Unavailed joining time credited in EL account. •      Encashment of E.L. during LTC (10 Days ) / On retirement ( Max 300 days) •

Half Pay Leave •      10 days on 1st January/July in advance; •      Credit reduced @ 1/18th of Dies non; •      Rounding - fraction; •      Accumulation – No limit; •      Fresh appointment - @ 5/3 days p.m.; •      Retirement /removal / dismissal / death in middle of half year •      Temp. Employee - grant subject to his return to duty; •      Can be on MC/without MC; •      On MC- Comm. Leave on full pay if applied for.

Commuted Leave •      Not exceeding half of HPL balance on medical certificate; •      up to 90 days during entire service –w/o MC for an approved course of study certified to be in public interest; •      up to 60 days to a female G.S. with less than 02 living children, on adoption of a child less than one year old; •      up to 60 days to a female G.S. w/o MC in continuation of maternity leave; •      Granted only if  reasonable prospects of the G.S. returning to duty on its expiry. •      If quits service- period treated as HPL; •      If quits on ill health/death - No recovery.

Leave not due •      To permanent GS with no HPL at credit; •      Only on MC; •      Limited to HPL – G.S. likely to earn in remaining service period;       •      Debited in HPL a/c; •      Temp. GS with min. 01 year of service - suffering from TB, Cancer or Mental illness can be granted . •      Not granted as LPR.

Leave not due-Exception •      To female GS w/o MC - in continuation of maternity leave; •      To female GS w/o MC - on adoption of a child less than one year old. •      Max. 360 days during entire service .

Leave Not Due [LND] •      Cancelled if GS does not return to duty – L.S. recovered; •      L.S. not to be recovered : •      - if resigns due to ill- health incapacitating  him for further service,  •      - if retired prematurely, •      -  in the event of death.

Extra Ordinary Leave (EOL) •      When no Other leave is admissible; or •      When Other leave admissible, but Govt. servant applies for EOL; Subject to maximum leave period of 05 years, EOL can be granted to a permanent Govt. servant up to any limit •      For temporary officials: -  - Up to 03 months with or w/o MC; •      with a minimum of 01 year’s service- - up to 06 months with MC for common ailments;  - Up to 18 months with MC for cancer, mental illness, pulmonary TB or Pleurisy of Tubercular origine;                                              •      With three or more year’s service  -  up to 24 months where the leave is required for studies certified to be in public interest.

Maternity Leave- Female Employees •      Admissible to married/unmarried female G.S.; - Pregnancy: 135 days;  - Miscarriage / abortion: total 45 days in the entire service. •      Leave is not debited to leave account. •      It is granted on full pay. •      It may be combined with leave of any other kind. •      Any kind of leave (i/c 60 days of Comm. Leave/LND w/o MC) up to one year can be sanctioned in continuation of Maternity Leave; •      Not admissible for ‘threatened abortion’

Paternity Leave-Male Govt. Servant •      To male Govt. servant with less than two surviving children. •      It is not debited in leave account. Leave salary equal to last pay drawn is admissible

Study Leave •      Five year’s service (I/c period on probation) •      For higher studies/specialized training in a professional/technical subject capable of widening his mind in a manner likely to improve his ability as a civil servant; •      Study leave can be :  - Granted for maximum 24 months in the entire service and may be granted at a stretch or in different spells;    - not debited to the leave account;  - Requisite Bonds in the prescribed forms are required to be executed •      Finance Ministry’s agreement for release of foreign exchange is necessary for study leave outside India; •      Leave Salary:       - Pay plus DA, HRA, CCA & study allowance admissible outside India;     - No study allowance admissible for course in India.

Special Disability Leave •    When disabled by injury intentionally inflicted or caused in due performance of official duties; •    When disabled by illness incurred in performance of any duty, which has the effect of increasing liability to illness or injury beyond the ordinary risk attached to civil post; •      Period of leave to be certified by AMA; •      Maximum 24 months; •       Not be debited to the leave account; •      First 120 days on full pay , after that on HPL; •      Period counts for pension.

Hospital Leave •      Gr ‘C’ whose duties involve handling of dangerous machinery, explosive material, poisonous drugs or performance of hazardous tasks; and •      Gr ‘D’ while under treatment in a hospital or otherwise for illness or injury directly due to risks incurred in the course of official duties. •      Certificate of AMA necessary; •      Period of leave considered necessary by authority; •      Total period combined with any other kind not exceeding  28 months; •       Not be debited to the leave account; •      First 120 days on full pay , after that on HPL. •      Period counts for pension.

Child Care Leave           Who are entitled for Child Care Leave? •   Child Care Leave can be granted to women employees having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days) during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older. •    Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate) •      No. CCL is not applicable to third Child. •   The Conditions regarding spell of CCL, imposed upon by the Government are that it may not be granted in more than 3 spells in a calendar year and that CCL may not be granted for less than 15 days. •      No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier.

Sources: Visit : http://sapost.blogspot.in/

ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

ENTITLEMENT OF LEAVE FOR REGULAR POSTAL EMPLOYEES

Those who were recruited and appointed as regular postal employee in various cadres like Postal Assistant /Sorting Assistant or Postman or MTS they are entitled for leave from the date of joining in the post as detailed below.

Earned Leave         :15 days for 6 completed months of service
Half Pay Leave       :10 days for 6 completed months of service
Casual Leave         : 8 days for calendar year
Restricted Holidays : 2 days for calendar year

As detailed above, therefore the Government servant can avail per year with full pay & allowances
EL : 30 days
CL/MC: 10 days
CL : 8 days
RH : 2 days

Total : 50 days.

Note:

EL and Half pay leave can be accumulated in the individual leave account without limit barring EL will 300+15 days. Hence the GS can avail as and when they need leave limited to maximum 180 days in a single spell. While on retirement from service Cash equivalent to leave salary will be paid for the balance of EL at their credit subject to maximum of 300 days.

Source : http://indianjobguru.in/

CHILD CARE LEAVE to Central Government Female Employees

CHILD CARE LEAVE 

Introduction of child care leave in respect of Central Government employees as per recommeded 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 enitre service for taking care of up to two children, whether for rearing or to look after any of their needs like examination, scikness 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. But the privilege backfired to several central government departments being like a hill with applications from women employees for CCL. After consideration of all the views, Dopt declared, 'CCL can be availed only if the employee concerned has no Earned Leave in her account. Those who have already taken the CCL will either have to return to office or part with their accumulated with Earned Leave'.

In further, Dopt orders said that "CCL cannot be demanded as a matter of right. Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority. The leave is to be treated like the Earned Leave and sanctioned as such. Consequently, Saturdays, Sundays, Gazetted holidays etc. falling during the period of leave would also count for CCL, as in the case of Earned Leave. CCL can be availed only if the employee concerned has no Earned Leave at her credit.

and also instrcuted as "CCL may not be granted in more than 3 spells in a calendar year. CCL may not be granted for less than 15 days. CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.

Leave Rules –Casual Leave-- a Gist

Leave Rules –Casual Leave-- a Gist

Casual Leave:

(i) 8 days for having 17 holidays & 10 days for others.

(ii) Can be granted upto 8 days at any one time.

 CL CAN BE GRANTED FOR 5 DAYS AT A STRECH.

(iii) Can be granted for half-day also.

(iv) Can be combined with Special Casual Leave but not with any other leave and joining time.

(v) Half-day Casual leave may be combined with regular leave if the absence on the next working day was due to sickness or other compelling reason.

(OM No 60/45/65-Estts (A) dated 4-2.1966)

(vi) The officials with disabilities are entitled four more days special casual leave in a calendar year.

(DOPT OM No. 25011/1/2008-Estt (A) dated 19-11-2008)

(vii) Half day CL to be debited for late attendance to the CL account of an employee for each late attendance but late attendance upto an hour and not more than two occasions in a month may be condoned by the competent authority if he is satisfied that it is due to unavoidable reasons.

DOPT OM No. 9 (17) E II (B)/65 dated 27.11.1965)

FAQ on Leave - Earned, Commuted, Paternity, Study, Child Care and Leave Encashment on LTC

In this post you will read Frequently Asked Question (FAQ) on following various type of leave matters issued by Department of Personnel & Training, published by DoPT on 25-03-2012, Please scroll down to read full:-

1. FAQ on General entitlement of leave
2. FAQ on Leave Encashment with LTC
3. FAQ on Encashment of Earned Leave on joining Central Government from PSUs & vice versa
4. FAQ on Leave Encashment on Suspension/Dismissal/Removal
5. FAQ on Interest on Leave Encashment
6. FAQ on Study Leave
7. FAQ on Paternity Leave for Child Adoption/Child Adoption Leave
8. FAQ on Child Care Leave
9. FAQ on Commuted Leave

No. 21011/08 / 2013-Estt(AL)

Government of India/Bharat Sarkar

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

*****

Establishment (Leave) Section

  

General entitlement of leave

Sl. No.	Frequently Asked Question	Answer
1	What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded? What is the impact if such limit is exceeded?	No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1)) Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2))
2.	What are the leave entitlements of Govt. servants serving in a vacation regulates Department?	The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:- (1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service. (c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26. For the purpose of this rule, the term meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. A Government servant entitledto vacation shall be considered to have availed himself of avacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. As per Rule 29(1) the half payleave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of everycalendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008

Leave Encashment with LTC

Sl. No.	Frequently Asked Question	Answer
1.	Whether encashment of leave is allowed after LTC is practice,availed?	Sanction of leave encashment should, as a be done in advance, at the time of sanctioning the LTC. However, ex-post- facto sanction of leave encashment on LTC may be considered by the sanctioning authority as an exception in deserving cases within the time limit prescribed for submission of claims for LTC.
2.	Whether encashment of leave with LTC can be availed at the time when the LTC is availed the Government servant only or can leave be encashed at the time when LTC is availed by family members?	Yes. A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC for himself or by when his family avails it provided other conditions are satisfied.
3.	Whether leave encashment should be revised onretrospective revision ofpay/D.A?	In terms of 38-A of CCS(Leave) Rules, encashment of EL alongwith LTC is to be calculated on pay admissible on the date of availing LTC and DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, going by the rule the Govt. servant would be entitled to encashment of Leave on the revised rates.
4.	Whether encashment of Earned Leave and Half Pay Leave is admissible to industrial employees?	The industrial employees, other than those under the cadre control of the Ministry of Railways, are entitled to encash both Earned Leave and Half Pay Leave, subject to overall limit of 300. The cash equivalent of Half PayLeave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefits payable. But no commutation of Half Pay Leave shall be allowed to make up for the shortfall in Earned Leave and these orders are effective from 07-11-2006 {O.M No. 12012/3/2009- Estt.(L) dated 28-12-2012)

  

Encashment of Earned Leave on joining Central Government from PSUs & vice versa

Sl. No.	Frequently asked Questions	Answer
1.	Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?	Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.
2.	Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?	Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period.
3.	Whether cash equivalent of leave salary in case of permanent absorption PSU/Autonomous Body is permissible?	A Government servant who has been permitted to be absorbed in a in Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalentof leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012 )

  

Leave Encashment on Suspension/Dismissal/Removal

Sl. No.	Frequently asked Question	Answer
1.	Whether leave encashment be sanctioned to a Govt. servant on his superannuation while under suspension?	Leave encashment may be allowed in such ca ases. However, Rule 39(3) of CCS (Leave) Rules, 1972 allows withholding of leave ncashment in the case of a Govt. servant who retires from service on attaining the ge of superannuation while under uspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of ome money becoming recoverable from him on conclusion of the proceedings gainst him. On conclusion of the proceedings he/she will become eligible to he amount so withheld after adjustment of Government dues, if any.
2.	Whether leave encashment can be sanctioned to a Govt. servant on his dismissal/removal, service?	A government servant, who is dismissed/removed from service, ceases to have any claim to leave at his credit from the from date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.

  

Interest on Leave Encashment

Sl. No.	Frequently asked Question	Answer
1.	Whether interest is payable on delayed payment of leave	No. There is no provision in the CCS Leave) Rules 1972 for payment of interest

 

Study Leave

Sl. No.	Frequently asked Question	Answer
1.	What is the maximum amount study leave which can be other availed?	The maximum amount of study leave for of than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}.
2.	Whether study leave can be clubbed with other leave?	Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54)
3.	What is the validity period of bond to be executed by the Government servant while proceeding on study leave?	Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55).
4.	Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period?	As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel.

 

Paternity Leave for Child Adoption/Child Adoption Leave

Sl. No.	Frequently asked Question	Answer
1.	How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave	As per notes below rules 43AA and 43B Child" for the purpose will include a child aken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is reated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child'.

 

Child Care Leave

Sl. No.	Frequently asked Question	Answer
1.	Whether women employees of Public Sector undertakings/ Bodies etc. are entitled to	Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ CCL? Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.
2.	Whether Govt. servant can be permitted to leave station/go abroad while on CCL?	Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.
3.	What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?	The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL. ' The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C}
4.	Whether child care leave has been extended to female industrial employees?	Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43- C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.

Commuted Leave

Sl. No.	Frequently asked Question	Answer
1.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

 

(S. G. Mulchandaney)

Under Secretary

 

Source: http://www.persmin.nic.in [click here]

 

Courtesy : http://karnmk.blogspot.in/