Here is a look at the latest FAQs issued by DoPT.
general right to leave
1.
What is the maximum period of leave of any kind that can be granted to a Government servant? What happens if such a limit is exceeded?
No Government servant shall be granted leave of any kind for a continuous period of 5 years (Rule 12(1)). Generally, absence from leave with or without leave for a continuous period of more than 5 years other than foreign service means that such Government servant has resigned from Government service. {Rule 12(2)).
2. What are give up rights Servant serving in the holiday department of the government?
Rule 28 of the CCS (Leave) Rules, 1972, governs the grant of earned leave to persons serving in the Leave Department. vide notification dated 11.12.2018, which came into force from 14.12.2018, amendments have been made under rules 28 and 29. The said rules provide as follows. ,
(a) to the leave account of every Government servant (other than a military officer) who is serving in a holiday department, together with earned leave, in two installments of five days each on the first day of January and July each will be deposited. calendar year.
(b) in respect of any year a Government servant avails a part of the leave, he shall be entitled to additional earned leave in proportion to twenty days as the number of days of leave does not account for the whole of the leave, provided that the credit The total earned leave availed does not exceed thirty days in a calendar year.
(c) if, in any year, the Government servant does not avail of any leave, the earned leave shall be in accordance with rule 26 instead of clauses (a) and (b);
• For the purposes of this rule, the word ‘year’ shall not be construed as the calendar year in which the duty is performed, but as the twelve months of actual duty in a holiday department.
• A Government servant entitled to leave shall be deemed to have taken leave or part of leave unless he is required by a general or special order of a higher authority to forgo such leave or part of leave: Provided that if If he is prevented by such order from enjoying more than fifteen days of leave, he shall be deemed to have not availed any part of the leave.
• When a Government servant serving in the Leave Department proceeds on leave before completing duty for a full year, the earned leave admissible to him shall not be counted in respect of the leave which is the actual duty rendered before proceeding on leave. period, but with reference to a holiday falling during the year commencing from the date on which he completed the duty of the previous year.
• According to rule 29(1), half pay leave shall be credited in advance in two installments of ten days each in the half pay leave account of every Government servant (except military officer and Government servant working in the leave department). the first day of January and July of each calendar year
leave encashment with LTC
3. Is encashment of leave allowed after availing LTC?
Leave encashment should, as a practice, be made in advance at the time of sanction of LTC. However, post-facto acceptance of leave encashment on LTC may be considered by the sanctioning authority as an exception in eligible cases within the time limit prescribed for submission of LTC claims.
4. What is the limit of leave encashment while availing LTC by Government servant, dependents or spouse within the same block year?
Government servants governed by the CSS (Leave) Rules, 1972 and entitled to avail LTC can encash earned leave up to 10 days at the time of availing both types of LTC, i.e. ‘Hometown’ and ‘Anywhere in India’. However, when the same LTC is being availed by the Government servant and his family members in a block year, the encashment of leave will be limited to only one occasion.
5. Whether leave encashment should be revised on retrospective revision of Pay/Dearness Allowance?
As per 38-A of CCS (Leave) Rules, encashment of EL with LTC is to be calculated on the pay admissible on the date of receipt of LTC and DA. If the admissible pay or DA has been revised with retrospective effect, as per the rule of Govt. The employee will be entitled to encashment of leave at the revised rates.
encashment of earned leave
6. Whether encashment of Earned Leave by State Governments, PSUs, Autonomous Bodies to the Government is allowed. Servant before joining the Central Govt. What is to be taken into account while computing the maximum limit of leave encashment on his retirement and retirement from the Central Government?
Encashment of EL for services rendered by State Governments, Public Sector Undertakings/Autonomous Bodies should not be taken into account for computing the earned leave limit of 300 days to be encashed as per CCS (Leave) Rules.
7. Is cash equivalent to leave salary allowed in case of permanent absorption in PSU/Autonomous body?
A Government servant who has been permitted to be absorbed into a corporation/company wholly or substantially owned or controlled by the Central/State Government, shall be allowed a cash equivalent to the leave salary of earned leave in his account on the date of absorption, provided That a maximum of 300 days (calculated in accordance with the provisions of rule 39) {Rule 39-D) permanent absorption under rule 39 shall mean the appointment for which the Government servant has applied through proper channel and the Government servant to take such appointment shall Resigned from service – {Note below Rule 39-D – Notification No. 13026/3/2011-Est. (L) dated 28-03-2012).
Leave encashment on suspension/dismissal/removal
8. Whether leave encashment can be sanctioned to Govt. Employees on retiring during suspension?
Leave encashment may be allowed in such cases. However, Rule 39(3) of the CCS (Leave) Rules, 1972 allows stoppage of leave encashment in the case of Govt. An employee who retires from service on attaining the age of superannuation during suspension or pending disciplinary or criminal proceedings against him, if in view of the authority certain money is likely to be recovered from him at the conclusion of the proceedings against him. At the conclusion of the proceedings, he will become eligible for the withheld amount after adjustment of the Government dues, if any.
9. Whether leave encashment can be granted to the Govt. On being dismissed/dismissed from service?
A Government servant who is dismissed/removed from service in accordance with Rule 9(1) shall cease to have any claim to his account from the date of such dismissal. Hence he is not entitled to any leave encashment.
interest on leave encashment
10. Whether interest is payable on delayed payment of leave encashment dues?
No, there is no provision for payment of interest on leave encashment in the CCS (Leave) Rules, 1972.
study leave
11. What is the maximum amount of study leave that can be availed?
The maximum amount of study leave for other than CHS officers is limited to twenty four months during the entire service period and can generally be allowed up to twelve months at a time. (Rule 51(1)}. There is a limit of 36 months for CHS officers to obtain PG qualification. (Rule 51(2)}).
12. Can study leave be combined with other leave?
Yes. Study leave may be combined with other types of leave, but in no case shall this leave be granted in conjunction with leave other than extraordinary leave usually exceeding twenty eight months and aggregating thirty-six months for courses absence is included. Leading to PhD. Degree from the regular duties of a Government servant. (Rule 54).
13. What is the validity period of the bond to be executed by the Government servant while on study leave?
The Government servant is required to execute a bond to serve the Government for a period of three years after the expiry of the study leave. For CHS officers this period is five years. {Rule 50(5)(iii)}.
14. What is government? An employee who has been granted study leave may be allowed to resign to join other Ministries/Departments of the Central Government. within the bond period?
As per rule 50(5)(iii), a Govt. The servant must submit a bond for service to the government. for a period of 3 years. form of government. The employee still serving the government in a department other than the parent department may be allowed to submit his resignation to take up another post within the central government. If he had applied for the post through proper channel.
Paternity Leave for Child Adoption/Child Adoption Leave
15. How a child is defined for the purpose of granting paternity leave for adoption/child adoption leave
“Child” shall include a child taken as a ward by a Government servant in terms of rules 43AA and 43B as noted below, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such ward resides with Government servant and treated as a member of the family and provided that such Government servant has, by special will, accorded the ward the same status as a natural born child’.
child care leave
16. Are women employees of public sector undertakings/bodies etc. entitled?
The orders issued by DoPT do not automatically apply to employees of Central Public Sector Undertakings/Autonomous Bodies, Banks etc. It is for the Public Sector Undertakings/Autonomous Bodies to extend the applicability of the rules/directives issued for Central Government employees to their employees. Employees in consultation with their administrative Ministries.
17. What Govt. Can a servant be allowed to leave the station/go abroad while on CCL?
Child care leave is given to a female employee to meet the needs of minor children. If the child is studying abroad or the Government servant has to go abroad for the care of the child, she may do so subject to such other conditions as may be prescribed for the purpose.
18. What is the intention behind the directive that CCL be treated as EL and accepted as such?
The intention is that the CCL should be obtained with the prior approval of the leave sanctioning authority and the combination of CCL with other leave, if any, should be as per the restrictions on EL. The restriction of 180 days limit applicable in case of EL will not be applicable in case of CCL.
19. What are the prevailing provisions of CCL under the CCS (Leave) Rules, 1972 (Rule 43-C).
– (1) Subject to the provisions of this rule, child care leave shall be granted by the authority competent to grant leave to a female Government servant and a single male Government servant not exceeding seven hundred and thirty days of leave during the entire service to the care of can go. of the two eldest surviving children, whether for upbringing or for the care of any of their needs, such as education, illness, and the like; -(3) The grant of child care leave under sub-rule (1) to a female Government servant and a single male Government servant shall be subject to the following conditions, namely:-
(i) it shall not be granted for more than three mantras in a calendar year;
(ii) in the case of a single woman Government servant, the grant of leave thrice in a calendar year shall be extended to six times in a calendar year.
(iii) it shall ordinarily not be granted during the period of probation, except in case of certain extreme situations where the leave sanctioning authority is satisfied of the need for child care leave to the probationer, provided that the period for which such leave is granted that is the minimum.
(iv) Child care leave cannot be granted for a period not less than five days at a time.
(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred per cent of the salary and eighty per cent of the salary for the first three hundred and sixty five days. The next three hundred and sixty five days.
Explanation. – “single male Government servant” means an unmarried or widowed or divorced Government servant.