Leave Rules – Frequently Asked Questions
Department of Personnel and Training, has released a set of FAQs (Frequently Answered Questions) and replies for the same relating to Leave Rules. We have compiled those Queries and Answers for convenience of readers.
Earned leave for persons serving in Vacation Departments:-
(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 ‘year’ shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department.
A Government servant entitled to vacation shall be considered to have availed himself of a vacation 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 pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two installments of ten days each on the first day of January and July of every calendar year.
Sanction of leave encashment should, as a rule, be lone 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.
A Govt. servant can be permitted to encash earned leave upto 10 days either at the time of availing LTC himself or when his family avails it, provided other conditions are satisfied.
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+DA admissible on that date. If pay or DA admissible has been revised with retrospective effect, the Govt. servant would be entitled to encashment of Leave on the revised rates.
Encashment of EL allowed by the State Governments, Public Sector Undertakings, Autonomous Bodies for services rendered in the concerned Govt. etc. need not be taken into accounl for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS(Leave) Rule.
Leave encashment can be sanctioned, however Rule 39(3) of CCS (Leave) Rules, 1972 allows with holding of leave encashment in the case of a Govt. servant who retires from service on attaining the age of superannuation while under suspension or while disciplinary or criminal proceedings are pending against him, if in view of the authority there is a possibility of some money becoming recoverable from him on conclusion of the proceedings against him. On conclusion of the proceedings he/she will become eligible to the amount so withheld after adjustment of Government dues, if any.
A govt. servant who is dismissed/removed from service or whose services are terminated ceases to have any claim to leave at his credit from the date of such dismissal, as per rule 9(1). Hence he is not entitled to any leave encashment.
No, there is no provision in the CCS (Leave) Rule 1972 for payment of interest on leave encashment.
Yes, As per rule 50(5)(iii) a Govt. servants has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving the Govt. / Department he may be allowed to submit his technical resignation to take up another post within the Central Govt.
Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/Autonomous Bodies, Ranking industry 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.
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 Govt. servant has to go abroad for taking care of the child, she may do so subject to other conditions laid down for this purpose.
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 of combination with 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., in a year, will apply.
i am working in a central govt. office at new delhi. RH leave application was not approved for the govardhan poojan and bhai dooj by the officer with whom i am attached while there was no work in the office for the last 10-12 days. on reporting the matter to higher authorities, a memo was issued to me as to why the matter reported to senior officers and due to this i am being targetted. Friends please help me what should i do ?
On compulsory retirement of an employee whether leave encashement on retirement is admissible to him
PLEASE LET ME KNOW IF A GOVT.SERVANT HAPPENS TO BE ON LEAVE ON 1st OF JULY THEN FROM WHAT DATE THE FINANCIAL EFFECT OF THE INCREMENT WOULD BE GIVEN
increment will take effect from the date of joining duty
Is the CCL can be taken in continuation of Maternity Leave?
Sir,
Kindly intimate the Dopt OM. Number issued on 13-12-2011 regarding LEAVE RULES FREQUENTLY ASKED QUESTIONS. The same is not available on your webside.
The above clarification is also not signed by any officer of DOPT. Kindly mail the origional order on the above noted subject.
This FAQ has been issued by DOPT. You can verify the same in the website of DOPT
I am working in a university in last 4 years and in July 2010 i joined another university on lien. now i conformed in my new university and university has started to combined my past services. In this regards i want to know that can i transfer my Earn leave from my old institution to new institutions? I also want to also know that a university teachers can take leave encasement facility(300days) or not?( because some my friend told me that Government stop encasement facility for teachers).
sir,
I availed LTC for the block year 2010-2013 to Port Blair. I applied for EL from 2/1/2012 to 9/1/2012 (with suffix 31/12/2012 & 1/1/2012being Saturday & Sunday)
I left my home town on dated 31/12/2011. My office is not paying me 10 day leave encashment with the revised DA (ie 65% wef 1/1/2012) for the above period , as I have left the station on dated 31/12/2011 . Pl. guide me in this context.
You have to be paid Leave Encashment @ 58% for one day (31.012.2012) and @ 65% for rest of the days
The staff who has taken the leave EOL freequantly with Medcial Certificate , How many day EOL permited
Can a Postal Department staff take a long leave (say for 5 years) to go abroad with their spouse who is working in abroad?
sir/mam, i`m karnataka state govt employee, i availed maternity leave from 20th apr 2014 to 16 oct 2014. My annual increament date was on 1st june 2014. from which date i`l get my inceament. ?
I want to know that what is rule regulations of dopt. Actually my wife is working as staff nurse in esic hospital. Resently she availed maternity leave for 180 days. After 2month she has been promoted next higher grade pay. If she joins to take promotion, maternity will be break up or nor. Please help me respectly. Any copy of order in this regard, pleade send me. My email id is [email protected]
m working in postal department. i applied LTC for 37 days. will they refused my LTC? is there any rules for refusing my LTC
Good Morning,
Need clarification on a female employee seeking special casual leave for tebectomy (sterlization) after the birth of 3rd child. Is she eligible for special casual leave for 14 days (since small family norms says the person should have not more than 2 children surviving at the time of sterlization) and would she be eligible for the allowance for the same??
Please any body let me know what are rules for karnataka state government employee for travelling abraod on private visit .
is permission is complusory , if permission from dept not taken what will be concsquences.
friends please help me
thanks in Advance
Regards,
Rajesh
I am Government employees and admitted in naturopathy hospital for treatment of sugar and allied problems at jaipur approved for central government,Raj.Housing Board,Banks. I am not claiming any medical claim but want to sanction commutted leave on medical grounds as per medical certificate issued by registered Doctor. My employer is insisisting certificate from Govt.Doctor which is not possible. I have earned 430 half pay leave and due ti me and going tobe retired on 31th July. My employer has deducted earned leave from my account and now i will get encashment only 300-19=281leave only whereas I have never applied for earned leave. Kindly clarify