In the Eighth Chapter of PB CSR Vol 1 Part 1 Chapter 8 Leave Part 1 Ques-Ans. Here are Important Questions Answers of this Chapters.
NOTES OF CSR PB CSR Vol 1 Part 1
I. EARNED LEAVE (E.L.)
Earned leave means Leave earned by a Government employee in respect of the period spent on duty. It is earned @1/24th of the period spent on duty during the first ten-year service, 1/18th of the period spent on duty during next ten years and @1/12th in respect of period spent on duty thereafter i.e. remaining period of service. From 24.11.88, the periods of every kind of leave (with leave salary) except Extra ordinary leave (leave without pay) also counts for earning Earned Leave. It can accumulate to any extent, but maximum earned leave may be granted upto 120 days if spent in India and upto 240 days if spent abroad on any one occasion. Leave salary at full pay is admissible during earned leave. W.E.F. 24.11.88 there is no limit for the grant of earned leave due however the limit of accumulation was upto 360 days only & from 18.11.97 the limit of accumulation is up to 450 days.
Rule 8.116 (Temporary employees 8.133)
II. HALF PAY LEAVE (HPL)
Half pay leave (HPL) means leave admissible to an employee at the rate of 20 (twenty) days for each completed year of service. The HPL is also admissible for the periods of leave including E.O.L. in addition to the duty periods. It can accumulate to any extent and can be granted to the employee without any limit of length of leave. It may be taken on medical certificate as well as for private affairs. During the period of half pay leave, the leave salary equal to half-pay is admissible.
(8.119 (a) & (b) Temporary employees 8.133)
III. COMMUTED LEAVE
Commuted leave means leave granted on full pay to a Government employee on the basis of medical certificate or for prosecuting the approved courses of study certified to be in public interest. It is granted in lieu of half pay leave admissible and debited twice to his half pay leave account. It can be granted for a period of minimum of 15 days at one time and up to 240 days during entire service. It can be granted to an employee on his request even if E.L. is due to him. The limit of 240 days commuted leave in entire service is not applicable to the employees of vacation department but minimum of 15 days at a time is also applicable to them.
IV. LEAVE NOT DUE
Leave not due means leave granted as an advance to leave to a permanent Government employee when no leave is at his credit. Leave salary equal to half pay leave is admissible during such leave. The leave not due is debited to the HPL account, the employee may earn subsequently. It is granted for a period not exceeding 360 days during entire service. It is admissible on medical certificate and if taken for purposes other than medical grounds, 90 days at a time and maximum of180 days in all.
It can also be granted to the temporary Government employees only if they are suffering from T.B. Leprosy, Cancer, or mental illness up to 360 days during entire service vide rule 8.133 (b) ibid. Period counts towards increments and pension. It is not admissible to temporary employee for private affairs.
V. EXTRA ORDINARY LEAVE (EOL)
E.O.L. means leave granted to a Government employee, when no other kind of leave is due to him or when he applies for E.O.L. even though other leave being due to him. The Competent Authority r convert the period of absence without leave into E.O.L. During the period of E.OL, the employee is not entitled to
any leave salary. The period of E.O.L. does not count towards increment, pension etc., unless it was taken on medical grounds or for prosecuting higher scientific or technical studies or for any cause beyond employee’s control. E.O.L, is not debited to leave account (8.121)
(Temporary Employee 8.137)
VI. SPECIAL DISABILITY LEAVE
Special disability leave means leave granted to a Government Employee who is disabled by injury intentionally inflicted or accidentally caused during the performance of his official duties of special risk of office or due to his official position or by any illness incurred in the performance of any particular duty, which has the effect of increasing his liability to illness or injury beyond ordinary risk attached to the post held by him. Such leave is not debited to the employee’s leave account. It can be granted upto 120 days on full pay and remaining on half pay subject to maximum of 24 months in consequence of any one disability. It can be combined with any other kind of leave (8.124 & 8.125).
(Temporary employee 8.137(c))
VII. STUDY LEAVE
Study leave means leave granted to a Government employee for persecuting higher scientific and technical studies or to undergo special course of instructions in or outside India, if it is certified to be advantageous/beneficial to Government from the point of public interest. During such leave, employee is entitled to leave salary equal to full pay and dearness allowance (without any other allowance). It can be sanctioned upto 12 months at one occasion and upto 24 months during entire service. It is not debited to leave account (8.126).
Note: If employee himself takes leave for higher studies it cannot be called as study leave.
VIII. MATERNITY LEAVE
Maternity leave means leave granted to a female Government employee in case of birth of a baby. Such leave is granted for 180 days. Thereafter, the employee can get leave of any kind due to her, if she wants. It is not debited to the leave account of the employee concerned. It may not be granted to an employee who has three or more living children.
There is no bar for the number of chances, but the condition is that the female employee has not more than two children at the time of sanction of leave. Leave salary at full pay is admissible during such leave. The period is counted towards increment, pension etc.
(Rule 8.127 (a) & Temporary employee 137-A)
IX. MISCARRIAGE, ABORTION OR MEDICAL TERMINATION OF PREGNANCY LEAVE (MTP)
Such leave is granted to a female employee who has less than two children for a maximum period of six weeks but during entire service it will not be more than 45 days from 8.11.1995 onwards. Full pay is admissible during such leave. It will not be debited to leave account of the employees.
(Note 2 below 8.127(a))
X. HOSPITAL LEAVE
Hospital leave means leave granted to a Class-III or IV Government employee, whose duties involve handling of dangerous machines, explosive materials, poisonous drugs or for the performance of hazardous tasks. It is granted for the period while the employee remains under medical treatment in a hospital or otherwise for illness or injury directly due to risk incurred in the performance of official duty. Such leave is not debited to leave account of employee. It can be granted for a period as the Competent Medical Authority may consider necessary. Leave salary on full pay for 120 days and on half pay for the remaining period is admissible. It can be combined with other kinds of leave, which may be admissible but total period of hospital leave and other types of leave should not exceed 28 months.
(Rule 8.127 (c) (d) (e))
XI PATERNITY LEAVE
Paternity Leave means 15 days leave granted to a male Government employee during the period of confinement of his wife provided he has already less than two children. It will be debited as 30 days to half Pay Leave Account.
(Government instructions dated 9.4.2002)
XII ADOPTION LEAVE
Adoption Leave means leave granted to a female Government employee, who has no child of her own and wants to adopt a child. It will be for three months or when the child becomes 3 months old whichever period is shorter.
(Government instructions 11.6.1998 and 27.4.1999)
XIII REFUSED LEAVE
Under Rule 8.21 of CSR Vol-1, Part-1 Refused leave was admissible before 30.9.1977 to a Government employee who has applied leave preparatory to retirement but has been refused in Public interest with the prior approval of the Finance Department. After retirement of the Government employee, he was entitled to leave salary equal to full pay for 120 days. Due to encashment of Earned Leave w.e.f. 30.9.1977, Refused Leave became redundant.
XIV TERMINAL LEAVE
Earned Leave to the extent due and admissible at a time can be granted to a temporary employee on the termination of service on account of retrenchment or on the abolition of posts before attaining the age of superannuation even when it has not been applied for and refused in public interest. Such a leave is called as Terminal Leave.
(Rule 8.138 A)
There are following other periods of leave but are treated as duty and not debited to leave account: –
(1) CASUAL LEAVE
Casual leave means leave granted for urgent/casual purposes. It is admissible to male employee@ 10 days per calendar year during first 10 years of service, 15 days during 10 to 20 years’ service and 20 days a Calendar year when service is 20 years or more. However, to female Government employees it is admissible @ 20 days per calendar year from the beginning of service till retirement/death. If a Government is appointed on regular basis he /she is entitled to full casual leave for that calendar year even if appointed in December as per clarification issued by the Government. Period of casual leave is treated as duty and not as leave.
(Part I of appendix 17 of CSR Vol-1, Part-II)
(2) QUARANTINE LEAVE
Quarantine leave means granted to a Government employee when specified infectious diseases are prevailing in his family or household. During such leave employee is entitled leave salary on full pay. Such leave is not debited to the leave account of the employee. In fact, it is a special kind of casual leave and is to be treated as duty for eaming leave, pay etc. However, if the employee himself contacts infectious disease, this leave is not admissible. It is sanctioned for 21 days but in special cases upto 30 days on one occasion by the Head of Office on the certificate of Authorized Medical Attendant.
(8.60 read with Part II of Appendix 17 of CSR Vol 1 Part 2)
(3) RABID ANIMAL BITE LEAVE
If a Government employee is bitten by a rabid animal (Dog, Cat etc) 10 days special casual leave is admissible to a Government for its treatment in a sanatorium/Hospital and is not debited to Casual Leave Account In special cases, additional Earned Leave for one month not debited to leave account is allowed for the treatment Whole period is treated as duty.
(Note below Rule 1 of Part I of Appendix 17 of CSR Vol-1, Part-2)
(4) SPORTS LEAVE
As per Government instructions in this regard Sports Leave is granted to sports person in Government employment. This leave is treated as duty.
(5) FAMILY PLANNING LEAVE
This leave is admissible to a male Government for 8 days and a female Government employee for total period of 14 days only, including Gazetted Holidays on the condition that he/she has not more than two children and family planning operation is done in Government Hospital/Dispensary. If operation is done by a private doctor/nursing Home such leave is admissible only if the certificate in countersigned by the Civil Surgeon as per Government Instructions on the subject.