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Maternity Leave & Miscarriage Leave Extended to Female Contract Employees

Vide Order GO(P)No.2/2021/Fin Dated 04/01/2021, extended the benefit of Maternity Leave on full pay as per Rule 100, Part I, Kerala Service Rules upto a period of 180 days or till the expiry of the existing contract whichever is earlier to the Female Officers appointed on Contract basis, irrespective of the tenure of contract, subject to the condition that leave will not be admissible from a date before three weeks from the expected date of confinement certified by the Medical Officer

Leave on full pay as per Rule 101(in the case of miscarriage including abortion), Part I, Kerala Service Rule is also extended to female officers appointed on contract basis, irrespective of the tenure of contract, up to a period of six weeks or till the expiry of the existing contract whichever is earlier, subject to the condition that application for leave is supported by a certificate from the medical officer.

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LWA under KSR Appendix XII A / XII C - Guideline Dated 30-12-2020

    Govt have issued Guidelines vide Circular No.83/2020/Fin Dated 30/12/2020,for sanction of Leave Without Allowances for better Employment under Appendix XII A and for visiting Spouse under Appendix XII C of Kerala Service Rule, Part I.

  • Maximum period of LWA under Appendix XIIA / XIIC shoulde be 5 years w.e.f 05/11/2020 vide GO(P)No.152/2020/Fin dated 05/11/2020
  • Disciplinary proceedings should be taken to terminate those who are not joined in service after the expiry of Leave Without Allowance.

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Hospital Leave [Rule 103]

  • Hospital leave granted to officers of the following classes while under medical treatment for illness or injury, if such illness or injury is directly due to risks incurred in the course of their official duties [Rule 103]
    1. Police Officers of rank not higher than that of Head Constable and Fire Service Personnel of and below the rank of Leading Fireman, including Driver, Mechanics and Fireman Drivers.
    2. Forest subordinates, other than clerks in receipt of pay not exceeding Rs. 27800
    3. Head warders or warders, male or female, of jails or lunatic asylums and Matrons of the Jails Department.
    4. Subordinates employed in Government Laboratories.
    5. Subordinates of other departments employed in the working of Government machinery.
    6. Last grade employees of all departments
    7. Guards and Preventive Officers of the Excise Department
    8. Government Servants who serve as Home Guard Volunteer..
  • Hospital leave will be granted only on production by the employee concerned of a medical certificate from his authorised medical attendant to the effect that the leave recommended is necessary to effect a cure and a certificate from his head of office to the effect that the illness or injury was directly due to risk incurred in the course of official duties.[Note1 to Rule 103]
  • Hospital leave is admissible to temporary employees [Note2 to Rule 103]
  • Hospital leave may be granted for such period as the authority granting it may consider necessary [Rule 104]
  • Leave salary
    • (1) equal to leave salary while on earned leave, for the first 120 days of any period of such leave; and
    • (2) equal to leave salary during half pay leave, for the remaining period of any such leave.
  • Hospital leave is not debited against the leave account and may be combined with any other leave which may be admissible.
  • A register will be maintained by all Heads of Departments and offices showing the various kinds of special leave (e.g., special disability leave, hospital leave, maternity leave, leave not due, commuted leave, paternity leave, child adoption leave etc.) granted to Government servants from time to time to facilitate the check by the local audit parties as to whether the conditions for the grant of the leave have been fulfilled in individual cases, by the authorities competent to sanction the leave.

Special Casual Leave to Physically Handicapped Employees [Rule 16 & 16A, Sec II, Appendix VII]

  • Disabled State Government employees, shall be eligible for special casual leave for a maximum period of 15 days at a time (including the time spent in transit both ways) to attend Artificial Limb Centre and stay in hospital for replacement/treatment of their artificial limbs. Special casual leave under this rule may be granted on more than one occasion in a calendar year, if needed.[Rule 16, Sec II,Appendix VII]
  • All physically handicapped employees eligible to claim conveyance allowance shall be eligible for special casual leave for a maximum period of 15 days in a calendar year for treatment of illness connected with the physical handicap of the employee concerned in hospital or at residence on production of medical certificate to that effect from the authorised Medical Officers attending on them [Rule 16A, Sec II,Appendix VII]
  • The Special Casual Leave admissible above will be exclusive of intervening holidays [Circular No.01/2016/Fin Dated 08/01/2016]

Special Leave connected to Inquiry of Sexual Harassment

  • Special Leave upto 90 days to the aggrieved female State Government Employees during the pendency of inquiry into complaints of sexual harassment [GO(P) No.119/2017/Fin Dated 31/08/2017]
  • The leave will be granted on the recommendation of the Internal Committee or the Local Committee, as the case may be during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013..
  • No officer will be granted leave under these orders from a date prior to the date of commencement of inquiry or from a date after the date of conclusion of inquiry.
  • The leave will be allowed to be combined with, other kinds of leave except Leave Without Allowances under Appendix XII AIXII B/XII C, Kerala Service Rules.
  • The leave will be granted on full pay; i.e. pay admissible had the employee been on duty during the leave period.
  • The leave shall not be debited against the leave account and the leave details should be entered in the register of special leave referred to in the Government Decision below Rule 106 Part I Kerala Service Rules.

Leave - General Conditions

General Conditions of Leave

  • The Government may issue orders specifying the authority by whom leave other than leave without allowances exceeding a period of four months at a time, may be granted. [Rule 64]
  • The power to sanction leave without allowances exceeding a period of 180 days at a time will rest with Government [GO(P) No.102/2017/Fin Dated 07/08/2017]
  • Head of Department can Sanction LWA up to 180 Days. Appoining authority can sanction LWA up to 120 Days.
  • Leave cannot be claimed as a matter of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.[Rule 65]
  • The nature of the leave due and applied for by an officer cannot be altered at the option of the sanctioning authority [ Note to Rule 65]
  • Holidays can be prefixed or suffixed with the leave and the Officer may leave his station at the close of the day before, or return to it on the day following such holiday or series of holidays. [Rule 66]
  • A restricted holiday enjoyed with the permission of the competent authority shall be treated as holiday [Ruling to Rule 66]
  • If holidays are prefixed to leave, the leave and any consequent rearrangement of pay and allowances takes effect from the first day after holidays [Rule 68 (a)]
  • If holidays are affixed to leave, the leave is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from, the day on which the leave would have ended, if holidays had not been affixed [Rule 68 (b)]
  • When a Government Servant is certified medically unfit to attend office (Leave on Medical Certificate), holidays immediately preceding the date of certificate shall be prefixed to leave and the holidays immediately succeeding the date of certificate (including that day) shall be treated as part of the leave [Rule 68, Note 2 (i)]
  • When a Government Servant is certified medically fit for joining duty (Fitness Certificate), holidays succeeding the date of Fitness Certificate (including that day) shall be suffixed to the leave, and holidays preceding the date of Fitness Certificate shall be treated as part of the leave. [Rule 68, Note2 (II)]
  • An officer on leave may not take any service or accept any employment without obtaining the previous sanction of the authority empowered to fill up the post held by him. [Rule 69]
  • All orders recalling an officer to duty before the expiry of his leave should state whether the return to duty is optional or compulsory. If the return is optional, the officer is entitled to no concession. But if it is compulsory he is entitled to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw Travelling Allowance under rules made in this behalf for the journey, but to draw until he joins his post, leave salary only [Rule 70]
  • No officer who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness a Medical Officer not below the rank of an Assistant Surgeon or the Director of Indigenous Medicine.[Rule 71]
  • An officer on leave may not return to duty before the expiry of the period of leave granted to him, unless he is permitted to do so by the authority which granted him leave. [Rule 72(1)]
  • Any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave except leave under Appendices XII A, XII B and XII C. However, leave under Appendices XII A and XII C may be granted in combination with or in continuation of the leave under Appendices XII A and XII C. [Rule 73]
  • Vacation may be taken in combination with or in continuation of any kind of leave, provided the total duration of vacation and earned leave taken together shall not exceed 180days. The combination of earned leave and commuted leave will be limited to 240 days. [Rule 74]
  • Special casual leave may be combined with vacation, but in such cases combination of special casual leave with ordinary casual leave will not be permitted [Rule 74, GD No.2]
  • No leave shall be granted beyond the date on which an officer must compulsorily retire [Rule 75]
  • Any leave granted under these rules may be retrospectively commuted into any other kind of leave admissible to the officer at the time the original leave was granted. Permitted within One year from the date of saction of leave. Earned leave shall not be commuted into leave of a different kind [Rule 76]
  • Surrender of Earned Leave once sanctioned will not be cancelled and the earned leave so debited will not be recredited to the leave account.[GO(P) No.128/2016/Fin Dated 01/09/2016]

Paternity Leave for PSU Employees - Order Issued

Vide GO(P)No.78/2020/Fin Dated 10/06/2020 ,Govt. have issued oders for sanctioning Paternity Leave for 10 days w.e.f 10/06/2020 for all permanent male employees of Public Sector Undertaking which not following Kerala Service Rules.

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Maternity, Miscarriage & Hysterectomy Leave [Rule 100]

  •  A  competent authority may grant to a female officer, maternity leave on full pay for a period of 180 days from the date of its commencement [Rule 100]
  •  Maternity leave is also admissible to temporary female officers [Rule 100 Note:1]
  • The female candidates undergoing pre-appointment stipendiary training may be allowed leave for maternity purpose to the extent envisaged under this rule on full rate of stipend admissible [Note:3]
  • Maternity leave  shall be admissible to provisional female recruits continuing in service in a single department beyond one year provided they would continue in service but for proceeding on such leave. [Note:4]
  • Maternity Leave under Rule 100  is extended to all female officers appointed on contract basis, irrespective of the tenure of the contract upto 180 days or till the expiry of the existing contract whichever is earlier, vide GO(P) No.2/2021/Fin dated 04/01/2021.
  • Female recruits through Public Service Commission who join duty within 180 days from their date of delivery (otherwise than on account of miscarriage) shall, on joining, be granted from the next day the balance portion of maternity leave admissible as on the date of joining duty, subject to the following condictions: [Note:5]
    •  Holidays/vacation falling immediately after the date of joining service cannot be prefixed to the leave.
    •  A certificate from the medical officer who attended the delivery showing the date of delivery along with the medical certificate of health as prescribed in Rule 13, Part I of Kerala Service Rules should be produced
  •  Female Officers on maternity leave who get appointment in another Department or in the same Department by direct recruitment or by transfer or by promotion shall be allowed to avail the balance portion of maternity leave from the next day of  her joining duty in the new post or department subject to the maximum period of leave admissible under this rule including intervening holidays and vacation, in both the departments or posts together, shall be 180 days [Note:6]
  • Maternity leave may be combined with leave of any other kind but leave applied for in continuation of the former may be granted only if the request be supported by a medical certificate [Rule 102]
  • No medical certificate shall be necessary for grant of any leave for a period not exceeding sixty days in continuation of maternity leave.
  • Leave under Rule 100 above may also  be granted to female officers in cases of miscarriage including abortion subject to the condition that the leave does not exceed six weeks and application for the leave is supported by a certificate from the medical attendant. [Rule 101]
  • Miscarriage Leave under Rule 101 is extended to all female officers appointed on contract basis, irrespective of the tenure of the contract upto 6 weeks or till the expiry of the existing contract whichever is earlier, vide GO(P) No.2/2021/Fin dated 04/01/2021.
  • Leave under rule 100 may also be granted to female officers in cases of hysterectomy subject to the condition that the leave does not exceed 45 days and application for the leave is supported by a certificate from the medical attendent [Rule 101A]
  • Maternity period reckoned as duty for all purpose including probation [KS&SSR, Part-I, Rule.2(6)(g)]

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KS&SSR HOT 

Kerala Service Rule Vol I 8 th Edition HOT 

 

Half Pay Leave [Rule 83]

  • Half Pay leave admissible to permanent employee  in respect of each completed year of service is 20 days.[Rule 83]
  • The period of leave without allowances availed of under Appendix XIIA for taking up employment will be excluded in reckoning completed years of service for purposes of calculating half-pay leave.
  • Half Pay Leave may be availed of on private affairs or on medical certificate. [Rule 82]
  • Leave salary on half pay leave is generally half of pay and corresponding dearness allowance.[Rule 93]
  • Leave salary of Non-Gazetted Officer whose pay does not exceed Rs.35700/-, shall be half pay and dearness allowance of full pay salay, subject to a minimum of sixty-five percent of the pay and dearness allowance while on duty.  The excess over the actual leave salary in such cases shall be termed as special leave allowance.  This shall be deemed to have come into force with effect from 1st July 2014 [Rule 93 Exception]
  • Hill Tract  Allowance, House Rent Allowance and City Compensatory Allowance admissible from time to time will be payable during periods  of all leave with allowances, if the total period  of such leave at a time does not exceed 180 days or if the actual duration of the leave exceeds 180 days for the first 180 days of such leave [Rule 93(iii)]

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Special Casual Leave to undergo Chemotherapy or Radiation, heart surgery and organ/Kidney Transplantation

  • Introduced in 2009 Pay Revision w.e.f. 26-02-2011 vide GO(P)No.85/2011/Fin Dated 26/02/2011 and Amendment vide GO(P)No.508/2012/Fin dated 22/09/2012
  • Special Casual Leave for a period not exceeding Six month (w.e.f 09/09/2013) in a calendar year may be granted to those employees who undergo Chemotherapy/ Radiation on production of a Medical certificate from the authorised Medical Officer to cover the actual period required for Chemotherapy/Radiation. [ Rule 19A, Appendix VII, Part I, KSR]
  • Special Casual Leave for a period not exceeding 90 days ( w.e.f 20/01/2016) in a calendar year may be granted to those employees who undergo heart surgery and organ/Kidney Transplantation on production of a Medical certificate from the authorised Medical Officer to cover the actual period required for heart surgery or Kidney Transplantation followed by post transplantation recovery.[ Rule 19, Appendix VII, Part I, KSR]
  • Enhanced Special Casual Leave upto six months to undergo Chemotherapy or Radiation vide GO(P)No.447/2013/Fin dated 09/09/2013. [ Rule 19A, Appendix VII, KSR Part-I]
  • Special Casual Leave for a period of 15 days in a calendar year, may be granted  to an Officer w.e.f 18/04/2014, for the treatment of his children, below 18 years of age, who undergo Chemotherapy for the treatment of Cancer, Dialysis for the treatment of Kidney and affected with HIV as per GO(P) No.60/2016/Fin Dated 02/05/2016. [ Rule 20A, Appendix VII, KSR Part-I]
  • Applicable to employees under Public Sector Undertaking vide GO(P)No.211/2014/Fin Dated 06/06/2014
  • The leave may be allowed to be combined with leave defined in Rule 77(i) KSR I (ie Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due and Leave Without Allowance ) and ordinary Casual Leave.
  • The period of Special Casual Leave shall be exclusive of intervening public holidays.
  • The leave may be availed of on more than one ocation, in a calendar year, if needed, but altogether it must not exceed the admissible period in a calendar year.

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Earned Leave [Rule 78]

  • Earned eave admissible to permanent employee is one-eleventh of the period  spent on duty [Rule 78]
  • Maximum earned leave accumulated at a time does not exceed 300 days.
  • Maximum Earned leave granted at a time is 180 days [Rule 79]
  • Earned leave is not admissible to an officer in permanent employ serving  in a vacation department in respect of duty performed in any year in which he avails himself of the full vacation. [Rule 80]
  • Earned leave admissible to an officer in permanent employ serving in a vacation department, in respect of any year in which he is prevented from availing himself of the full vacation, is such proportion of 30 days as the number of days of vacation not taken bears to the full vacation.[Rule 81]
  • An officer not in permanent employee, the earned leave of the first year of service  admissible is 1/22 of the period spent on duty.[Rule 86]
  • Whenever the rate of earning leave changes, the fraction in the earned leave accumulated at the earlier rate should be rounded off to the nearest day i.e., fraction below half should be ignored and that of half and more should be reckoned as a day. [Rule 86, Note:2]
  • An officer not in permanent employ who has completed three years of continuos service, eligible for recasting Earned leave at the rate of 1/11 for the period spent on duty for the first year service as admissible to permanent employee [Rule 86A]
  • Leave salary admissible is full salary  admissible had he been on duty during the period of leave. [Rule 92]
  • Hill Tract  Allowance, House Rent Allowance and City Compensatory Allowance admissible from time to time will be payable during periods  of all leave with allowances, if the total period  of such leave at a time does not exceed 180 days or if the actual duration of the leave exceeds 180 days for the first 180 days of such leave [Rule 93(iii)]

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Casual Leave [Appendix VII]

  • Casual Leave is not recognised as Leave and is not treated as absents from duty.
  • Maximum Casual leave in a callendar year is Twenty. Teaching Staff shall be eligible for casual leave for Fifteen days only. [2(i)]
  • Casual leave may be combined with Sundays and Other holidays subject to the maximum absence shall not exceeds Fifteen days at a stretch. [2(ii)]
  • Officers who put in less than one year service will be allowed casual leave @20 days subject to the discretion of the sanctioning authority [2(iii)]
  • Casual leave cannot ordinarily be taken in combination with any leave recognised by the rules, with joining time or with vacation. Heads of Departments may, however, sanction such combination in special cases, provided there is no evasion of rules, for instance, when an officer obliged to be absent owing to the prevalence of infectious disease in his residence and placed on special casual leave, himself contracts the illness and has to be granted regular leave in continuation [6]
  • A Casual Leave Register shall be maintained in every office in !Form No.19. When an Officer is transferred from one department/ office/section to another, the Controlling Officer of the former shall forward the extract of Casual Leave Register pertaining to the Officer, duly authenticated, to the latter. [4]

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Kerala Service Rule Vol I 8 th Edition HOT 

Visiting Abroad for Personal Purpose 

  • No need to obtain Govt sanction for visiting abroad for Personal/Private purposes.
  • Maximum period of absence from the country is six month for visiting Children and Four month for other personal/Private Purposes.
  • The leave sanctioning authority can sanction eligible leave including casual leave with permission to leave country.
  • The application for leave should clearly mention the country proposed to be visited and purpose.
  • The total number of days of absence from the country will not exceed 15 days in respect of casual leave and Four month in respect of other kinds of leave.
  • A maximum six month can be santioned for visiting children abroad however LWA exceeding four month shall continue to be santioned by Govt only

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Special Casual Leave to undergo Angioplasty

  • Introduced  vide GO(P)No.153/2019/Fin Dated 06/11/2019.
  • Special Casual Leave for a period of 30 days may be granted to those employees who undergo Angioplasty subject to the conditions under Rule 19, Section II, Appendix VII, Part I, Kerala Service Rules.
  • The leave may be allowed to be combined with leave defined in Rule 77(i) KSR I (ie Earned Leave, Half Pay Leave, Commuted Leave, Leave Not Due and Leave Without Allowance ) and ordinary Casual Leave.
  • The period of Special Casual Leave shall be exclusive of intervening public holidays.
  • The leave may be availed of on more than one ocation, in a calendar year, if needed, but altogether it must not exceed 45 days in a calendar year.

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Kerala Service Rule Vol I 8 th Edition HOT 

Special Casual Leave to Employed Parents of Physically/Mentally Challenged Children

  • Introduced in 2009 Pay Revision w.e.f. 26-02-2011 vide GO(P)No.85/2011/Fin Dated 26/02/2011.
  • Special Casual Leave upto 15 days in a calendar year shall be granted to the employees having physically/mentally challenged children, on production of certificate to that effect from an authorised Medical Officer attending them.
  • The leave shall be granted on more than one ocation, if needed,altogether not exeeding 15 days in a calendar year.
  • The leave shall be combined with ordinary leave or ordinary casual leave and the period of leave shall be exclusive of public holidays that may intervene.
  • If both the parents are employees of Government/PSU's, a declaration countersigned by the competent authority to that effect that the spouse has not availed the leave in that calendar year, should be produced.
  • Extended to the employees of Public Sector Undertakings which follow KSR w.e.f. 4/4/2012 vide Order No.GO(P)No.2010/2012/Fin Dated 4/4/2012.

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Paternity Leave [Rule 102 B]

  • Introduced in 2009 Pay Revision w.e.f. 26-02-2011 vide GO(P)No.85/2011/Fin Dated 26/02/2011.
  • Granted to male Govt.servant for 10 days each fro two children, at the time of delivery of his wife.
  • Paternity leave will be granted for a period of 10 days during the confinement of his wife for child birth ie upto 10 days before or upto 3 months from the date of delivery of the child, subject to the production of a certificate from the medical practitioner stating the exact date of delivery.
  • During that period of 10 days, he shall be paid leave salary as admissible under Rule 92 KSR I. (Earned leave salary and allowances).
  • It will be allowed to be combined with other kinds of leave, except LWA underAppendix XIIA,B and C.
  • This leave shall not be debited against the leave account, but details of the leave should be entered in the Service Book of the employee and also in the Register of Special Leave referred to in the Goverment Decision below Rule 106.
  • If paternity leave is not availed of within the time limit, it shall be trated as lapsed.
  • Combination of this leave with casual leave is not admissible, as Casual leave is not recognised as a leave proper.
  • Paternity leave period reckoned as duty for all purpose including probation [GO(P)No.2/2014/P&ARD dated 08/01/2014]
  • Paternity Leave is eligible for all Permanent Male Employees of Public Sector Undertakings not following Kerala Service Rule w.e.f 10/06/2020 vide order GO(P)No.78/2020/Fin Dated 10/06/2020

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