Haryana Civil Services
Leave Rules, 2016
Leave RulesLeave means:
• Govt. Employee shall proceed on Leave with proper permission of Competent Authority , except in Exceptional Circumstances.
• When the exigencies of Public Service so require , discretion to refuse , revoke or Recall from vacation or Leave of any description is reserved to the Authority empowered to grant it.
• The nature of Leave due and applied for by a Govt. Employee shall not be altered at the option fo the Sanctioning Authority.
• While it is open to the Sanctioning Authority to refuse or revoke Leave due and applied for under this rule.
• It is not open to sanctioning Authority to alter the nature of such LEAVE.
• The grant of Medical Certificate by the Medical Authority does not in itself confer upon the Govt Employee concerned any right to LEAVE.
• The Certificate shall be forwarded to the Authority competent to grant the Leave and the orders of the Authority shall be awaited.
• A Govt. Employee who absents himself from his duty without permission of the Competent Authority is liable to have the absence treated as WILFULABSENCE.
• Every Govt. Employee before proceeding on Leave must record on his application for Leave :
• (i) Contact Number
• (ii) email id & address
• No Govt. Employee shall leave his Headquater during Casual Leave , Holiday or any other kind of Leave without permission of the authority competent to sanction him Casual Leave .
• Vide Rule 11 of Haryana Civil Services
• ( Leave ) Rules 2016
Kinds of Leave [Rule 35]
• Earned Leave, [Rule
35 & 36]
• Half Pay Leave [Rule 37]
• Commuted Leave [Rule 38]
• Leave not due [Rule
39]
• Extra Ordinary Leave [Rule 40]
• Maternity Leave [Rule
44]
• Child Adoption Leave [Rule 45]
• Child Care Leave [Rule
46]
• Paternity Leave [Rule 47]
• Study Leave [Rule 50 to 64]
• Special Disability Leave [Rule 49]
• Hospital Leave [Rule
48]
•
LPR
(Leave Preparatory to Retirement) [Rule 43]
The term ‘Leave’ does not include CL, Spl. CL, QL, Comp. L. [Rule 44]9(17)
• Earned Leave to Employees of Vacation Wing in respect of any year , in which , he is prevented from availing himself of the full Vacation and directed by general or special order to join his duty or to undertake training or seminar in public interest during the period of vacation, shall be entitled to Earned Leave in such proportion of the following periods as the number of days of vacation not taken bear to the full vacation :
Earned Leave
After 10 years and upto 20 yrs service.@ 1/18th of duty period,i.e.20 days p.a.
After 20 yrs of service. @ 1/12th of duty period, i.e. 30 days p.a.
The Earned Leave is earned by duty. The period of service treated as DUTY is taken into account for calculation. [Rule 35]
Length of Service for Earned Leave:-
Leave on Resignation:-
Earned Leave at a time:-
• The earned leave in leave account
• Competent authority upto 365 days if availed in India and upto 560 days for outside India as under.
- Gazetted – upto 30 days (within India)
HOD - Non G./ Gazetted upto 240 days
• For sanction of leave above this limit FD’s Approval [Rule 35(iii)]
Earned Leave for vacation not availed
• Earned Leave admissible to Employees of Vacation Wing in respect of any year in which he is prevented from availing himself of the full vacation and directed by general or special order to join his duty in public interest during the period of vacation , shall be entitled to earned leave in such proportion of the following periods as the number of vacation not taken :
EL in Vacation
Wings
• If an employee of vacation wing is recalled to duty during vacation he may be granted earned for that year as under:-
|
1. |
If recall after more than 15 days of vacation |
Proportionate earned leave shall be admissible for
that year. |
|
2. |
Recall before 15 days of vacation. |
EL @ 15/20/30 days keeping in view his length
of service. |
• The Teaching Staff (Master/Teacher) is entitled to 10 days earned leave during a year in lieu of 20 days half pay leave. Such leave may be availed for any purpose and not only on medical grounds. No Half Pay Leave shall be admissible to them.[Rule 36]
Half Pay Leave
HPL is earned @ 20 days after completion of each year of service.
Example: Who joined on 16th May, 2013 will complete one year on 15the May, 2014. On 16 May, 2014, 20 days HP Leave will be credited in his leave account. [Rule 37]
Completed Year of Service
or One year’s Continuous Service:-
• Means continuous service of the specified duration under Haryana Government and includes period spent on duty as well as on leave including E.O.L. [Rule 9(6)]
Commuted Leave in lieu of HPL
• Commuted leave on medical grounds may be granted equal to half the amount of half pay leave due provided the employee must return to duty after the expiry of commuted leave otherwise such leave may be converted into half leave. [Rule 38]
• Against Commuted leave double the amount of half pay leave is debited in the leave account and leave salary equal to full pay is admissible. For gazetted employee MC of a Doctor of Government or an approved Hospital is necessary for non-gazetted employee may be granted on MC of RMP. [Rule 30]
Extraordinary Leave
EOL is granted to an employee when no Earned leave or half pay
leave is due or if employee applies for such leave. [Rule 9&40]
On EOL no Leave Salary is admissible except HRA for first 180 days. [Rule 10(2)(a)]
Such leave may be granted for a period of─
1.6 months for any purpose;
2.24
months on medical certificate;
3.24 months for higher studies in
public interest subject to completion of 3 years service. [Rule 41]
Competent Authority
HOO : upto
120 days to Non-Gazetted
HOD : upto 240days to Gazetted/Non-Gazetted
AD : upto 365 days to Gazetted/Non-Gazetted
This leave is granted when an employee is disabled in performance of
his official duties.
•
Such leave can be granted upto 730 days at
a time.
•
During such leave, for first 120 days leave salary equal to full pay is
admissible.
•
thereafter leave salary equal to half pay leave is admissible.
• If any compensation is paid the same will be reduced from the leave
salary. [Rule 49]
Hospital Leave
• Is granted for the purpose
of medical treatment
of illness or injury which is directly due to performance of duties.
• Admissible to Group “D” and “C” employees
whose duties involve handling
of dangerous machinery or explosive material.
•
Competent authority may grant such leave
on full pay or half pay.
•
Cannot be granted more than 730 days in entire
service.
• Leave salary equal to leave salary on earned leave for first 120 days thereafter equal to HPL. [Rule 48]
Maternity leave
• Is admissible to a female employee at the time of delivery upto 6
months at a time
• Upto 45 days in case of miscarriage including abortion.
• But no Maternity Leave is admissible in case of ‘Threatened
Abortion’. [Rule 44]
Child Adoption Leave(CAL)
• Maximum
Admissible – 6 Months
• Admissible
to – Female Govt. Employee
Not having
more than two living children (except
in case of adoption of girl child)
•
Age of the child to be adopted – not more than 12 months.
Calculation:-
12 Months minus completed months of age of child
= Admissible CAL [Rule 45]
Illustration:-
|
Age of Child |
Completed Months |
CAL Admissible |
|
1-6
M, 29 Days |
6 |
12
– 6 = 6 Months |
|
7
M, 29 Days |
7 |
12
– 7 = 5 Months |
|
11 M, 29 Days |
11 |
12
– 11 = 1 Month |
• Commuted Leave including Leave not granted for 60 days in
continuation of medical certificate. due may be CAL without
• Any other leave may be granted in combination of Child Adoption Leave upto a maximum period of one year. [Rule 45(1)]
Child Care Leave (CCL)
Admissible to:-
• Women
Govt. employees.
• up to 730 days (not less
than 30 days at one time) • for care of first two children
only
• upto
attaining the age of 18 years.
• Saturday/Sunday/Gazetted Holidays falling during CCL will be counted
as leave.
• CCL
may be availed in more than one
spell.
• Beyond 730 days CCL, other kind of leave may be availed
• Extension of CCL is not admissible except in exceptional circumstances – serious illness etc. [Rule 46]
• Authority
to sanction CCL:-
|
Appointing Full power upto 730 days to Group
Authority ‘C’ & ‘D’ employees |
|
Head
of Department Upto 120 days to
Group ‘A’ & ‘B’ |
|
Administrative
Secy. Above 120 days |
• Not
admissible during probation.
•
If
probation period is extended the same may be
allowed during extended period.
• Competent Authority
Appointing A. : Full Power in case of NGE
HOD : Full Power in case of Group-B
AD : Full Power in case of Group-A [Rule 46]
P ATERNITY LEAVE
A Male Govt Employee may be granted Paternity Leave by the Head of
Office for a period of 15 days during the confinement of his wife or from the
date of valid adoption of a Child less than one Y ear.
This Leave can be availed during 15 days before or up to 6 Months
from the date of delivery of Child.
P ATERNITY LEAVE
• During such period of 15 days , LEAVE SALARY as admissible
during Earned Leave shall be paid.
• Recognised Holidays and Sundays falling during Paternity Leave shall be
treated as Paternity Leave.
• If Paternity Leave is not availed of within
•
The
period specified above, such Leave shall be treated as Lapsed.,
Study Leave
The leave is granted –
• to undergo scientific and technical courses connected with the sphere of duties in public interest. [Rule 50(1) and(2)]
• to a permanent Government employee having 5 years
service [Rule50(3)]
• is
not debited to any leave account. [Rule 50(1)]
•
granted upto one year at a time and upto two year during the entire service. [Rule 52]
•
It
may be combined with other kind of leave. [Rule
54]
• During SL, leave salary equal to half pay is admissible.
[Rule 56]
•
If
any stipend is received it is adjusted
in the leave salary. [Rule
58]
• Remuneration of Part time service, if any, will also be adjusted.
[Rule 58]
• In exceptional circumstances TA may also be granted.
[Rule 60]
•
Bond is executed to serve for 5 years after return to
duties. [Rule 62]
• If employee seeks voluntary retirement or resigns from service
while on study leave it is converted into leave of the kind due. [Rule
63]
• All expenditure incurred by other Agencies and by State is recovered from him. [Rule 63]
Leave Not Due
• Admissible not exceeding 360 days in entire service
on medical certificate to a permanent employee when no earned
leave/half pay leave is due.
• During such leave, leave salary equal to half pay is admissible and such leave is debited to half pay leave to be earned
by him subsequently.
• Competent
Authority
HOO : upto 60 days to NGE
HOD : upto 120 days to Gazetted/Non-Gaz.
AD : upto 180days to Gazetted/Non-Gaz. [Rule 39]
Leave during the period of suspension:-
•
No
leave is admissible during the period
of suspension.
Convertion of Suspension period into leave-
• After reinstatement if the period of suspension is not to be treated duty, it may be converted into leave of the kind due by the competent of employee on the request.
[Rule 9 of HCS (General) Rules, 2016]
Leave to
Govt. employee under Dismissal/ compulsory retirement
• Leave shall not be granted to Government employees whom the competent authority has decided to dismiss/ remove/compulsory retire from service.[Rule 26]
Leave on Re-instatement after dismissal.─
•
On re-instatement of a Government employee after removal/dismissal from service, his past service
is counted for the
purpose of leave.
[Rule 89 of HCS (General)
Rules, 2016]
Leave
beyond the date of Retirement
• At the time of retirement of a Government employee, leave at his credit shall lapse but Earned Leave up to 300 days may be encashed if due. [Rule 65]
Period of willful absence
• Leave Sanctioning Authority may convert the period of absence without leave into EOL only with retrospective effect keeping in view the circumstances of the case. [Rule 40(2)]
Maximum Leave – Continuous Absence
• No Government employee can be granted leave of any kind for a continuous period exceeding 5 years, except in very exceptional circumstances. Unauthorized continuous absence exceeding 5 years shall be deemed resignation. [Rule 13]
Leave on Re-employment after Superannuation
• Re-employed pensioner is entitled to leave as per rules applicable to fresh Government employee. [Rule 71]
Leave Salary – w.r.t. Leave
•
Leave salary means the
monthly amount paid
to a Government employee while
on leave. [Rule 9(16)]
ØLeave Salary is admissible during
Earned Leave/ Commuted Leave/
Maternity Leave/ Child
Adoption Leave/ Child Care Leave [Rule 21]
ØLeave Salary equal to half pay admissible During HPL/ Leave Not Due HRA, CCA is admissible equal to the rate
which was admissible on full pay before going on
leave. [Rule 21]
ØNo leave salary during EOL is admissible. HRA is admissible for first 180 days
[Rule 10(2) of HCS (Allowance) Rules,
2016]
ØLeave salary advance equal to one month pay may be granted and adjusted from his leave salary bill by the Head of Office
[See Rule 10.25 (m) of PFR Volume-I]
Leave to employees on Adhoc basis
• Casual Leave Under C.S. Inst. Dated 27.10.1975
• Special Casual Leave
• Earned Leave
• Maternity Leave
• Child Care Leave
Casual Leave
• Is granted authorized period. for unforeseen absence from and occasional duty for short
• It is not treated as regular leave.
• Employee duty for all on Casual Leave is treated on purposes.
• Casual Leave cannot any other kind of EL/HPL/EOL etc. be combined with regular leave i.e. [Rule 74 & 79]
Admissibility of Casual Leave
|
All
female Govt. employees |
20
days per calendar year. |
|
For Male employees |
|
|
up
to 10 years service |
10
days per calendar year. |
|
for the year having more
than 10 and upto 20 years service |
15
days per calendar year. |
|
for a year
having more than 20 years of service |
20
days per calendar year. |
[Rule Note:-
The year in which a Government employee completes 10
or 20 years service irrespective of the date/month of completion. 76(3)]
Casual leave on first joining
|
1. |
If joining is before 30th June |
10 days to Male and 20 days to Female |
|
2. |
If joining is between 30th June & 30th September |
5 days to Male and 10 days to Female |
|
3. |
If joining is after 30th September |
2 days to Male and 5 days to Female |
|
4. |
If
joining is after 30th November |
1 day to Male and 2 days to Female |
• Head of Office : Full Powers
• Officer/Incharge : up to four
[Rule 75]Casual leave Account is maintained annually i.e. from 1st January to
31st December. [Rule 77]
Accounting of Short Leave /Late attendence
Upto 2 Hours :
Upto 4 Hours :
Exceeding 4 Hours : Full day CL [Rule 78]
Casual Leave spell : (Continuous absent on CL)
• Employee may not remain absent from office continuously
for a period
exceeding 16 days.
• The Gazetted Holidays/Sunday(s) will not be debited to his CL A/c, but for
a spell of 16 days the same will be counted. [Rule 79]
Special Casual Leave is granted to an employee:-
•
On
blood donation one days special
casual leave. Rule 81
• Under Family Planning Scheme upto 14 days to
female and 6 days to male Government Employee.
• If sterilization operation remains unsuccessful and the incumbent has to undergo again the same the special casual leave for 14/6 days will be admissible again. This will also be admissible to employees on adhoc basis. [Rule 84]
• Sportsman who
takes part in National and International Tournaments or who participates in trekking/ Mountaineering/ Hiking trips organized by the Clubs –
ØUpto 30 days if temporary Government employee.
• If injured in terrorist violence upto the period he remains in Hospital or under treatment and medical certificate is produced. [Rule 86]
• To Differently abled employees to attend Seminar/ Workshop/Training organized by GOI/State Govt./WHO/UNO etc. for a period upto 10 days in a calendar year (See CS Inst. Dt. 07.03.2011)
• Who are office bearers of recognized Service Association/ Employees Union for a period of 5 days in a year. [Rule 87]
• If full joining time is not allowed to avail, special casual leave in lieu thereof will be admissible. [Rule of HCS(General Rules, 2016]
• A Government employee who is bitten by a rabid animal may be granted Casual leave upto 5 days on Medical Certificate and this leave will not be debited to his Leave Account. [Rule 82]
Quarantine Leave
• If family member of an employee suffers from small pox or plague or any other infectious disease, the employee is prohibited from attending the office. Quarantine Leave upto 21 days and in exceptional circumstances 30 days on medical certificate. [Rule 80]
Compensatory Leave
This leave is treated as holiday and can be prefixed or affixed to any leave. Compensatory Leave is granted to a Government employee who is directed to attend office on holiday.
(See C.S. instructions dated 18.05.1974)
Station Leave
An employee cannot leave his headquarters without prior permission. Station leave is to leave the headquarters for the purpose of domestic affairs. Station leave can be prefixed and affixed with any kind of leave. [Rule 11(8)]
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