Terminal Surrender of Earned Leave - Guidelines dated 03-05-2021
Guideline has been issued vide circular No.41/2021/Fin dated 03/05/2021,regarding sanctioning of terminal surrender while relieving from Department to join PSUs,Autonomous bodies, Company, Corporation, Universities etc and vice versa. As per the circular, Employee can surrender the balance Earned Leave at credit in prior Department/ Company/ Corpoation etc and the maximum nunber of Earned Leave that can be surrendered is limited to 150 days. The circular has retrospective effect w.e.f 01/01/2016.
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]
- 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.
- Forest subordinates, other than clerks in receipt of pay not exceeding Rs. 39300 [w.e.f from 01/07/2019]
- Head warders or warders, male or female, of jails or lunatic asylums and Matrons of the Jails Department.
- Subordinates employed in Government Laboratories.
- Subordinates of other departments employed in the working of Government machinery.
- Last grade employees of all departments
- Guards and Preventive Officers of the Excise Department
- 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 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.
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]
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]