Seventh Pay Commission Recommendations Holiday and Leave
9.2.1 Presently Central
Government offices observe a five-day week which results in
104 holidays every year on account of weekends. In addition, there are
three National Holidays, fourteen Gazetted Holidays and two Restricted
Holidays. Further, civilian government employees are entitled to 8 days’
Casual Leave, 20 days’ Half Pay Leave (commutable to Medical Leave) and
30 days’ Earned Leave. Besides the above, quite a few other types of
leave are admissible.
9.2.2 The following
paragraphs bring out, in alphabetical order, the different kinds of
holidays and leave admissible, demands received (if any) and views of
the Commission on each one of them. Unless otherwise stated, the
existing terms and conditions regulating these holidays and leave shall
remain unchanged.
Casual Leave (CL)
9.2.3 Casual Leave is granted to enable a
government servant to attend to sudden/unforeseen needs/tasks.
Presently 8 days CL is normally granted to a Central Government employee
per calendar year. The number goes up to 10 days for Industrial
Workers, 20 days for Defence Officers and 30 days for Defence PBORs.
Certain other categories of staff, particularly in the Railways, are
granted CL ranging from 11 to 13 days in a year. Demands have been made
to increase the number of CL to 15 days for Industrial Workers and 12
days for other employees. CAPFs have also sought parity with defence
forces in matters of Casual Leave.
Analysis and Recommendations
9.2.4 Regarding the number of Casual
Leave, the Commission is of the view that the present system is working
well and need not be altered. As far as the case of CAPFs for parity
with defence forces is concerned, the Commission notes that CAPFs are
essentially civilian forces and their service conditions are different
from defence forces. Hence parity in terms of number of casual leave
cannot be considered. To sum up, status quo is recommended.
Child Adoption Leave
9.2.5 This leave is granted to female
employees, with fewer than two surviving children on valid adoption of a
child below the age of one year, for a period of 135 days immediately
after the date of valid adoption.
Analysis and Recommendations
9.2.6 No demands have been received regarding this leave. Accordingly, status quo may be maintained.
Child Care Leave (CCL)
9.2.7 Child Care Leave (CCL) is granted
to women employees for a maximum period of two years (i.e., 730 days)
during their entire service for taking care of their minor children (up
to eighteen years of age). There are several demands relating to CCL
which include converting the same into “family care” leave, extending
the facility to male parents and many representations stressing that it
should be extended at least to single male parents. Suggestions have
also been received that in cases where the child is differently abled,
the clause stipulating that the child should be minor, should be done
away with. Single mothers have highlighted their unique problems and
requested the Commission for liberalising the grant of CCL.
Interestingly, representations have also been made for discontinuance of
the CCL, primarily on the grounds that it disrupts office working and
also because it promotes gender discrimination.
Analysis and Recommendations
9.2.8 When CCL was first introduced by
the VI CPC it generated considerable interest as it represented a
positive measure benefiting women employees. It also took a while to
stabilise and it is seen that as many as five amendments/clarifications
were issued within a short period of time. As it stands, it is meant for
women employees “for taking care of up to two children whether for
rearing the children or looking after their needs like examination,
sickness etc.” It is treated akin to Earned Leave and is sanctioned as
such. It may not, however, be granted in more than three spells in a
calendar year.
9.2.9 In the first two years of its
implementation the experience was that women employees tended to treat
this as Casual Leave or an extension of the same, and the resultant
frequent absences caused disruptions at work. To address this, in
September 2010, a clarification was issued stipulating that CCL may not
be granted in more than three spells in a calendar year and also that it
may not be granted for less than 15 days at a time. However, the latter
stipulation was subsequently withdrawn and as per the latest
clarification issued on 5 June, 2014 the government has decided to
remove the requirement of minimum period of 15 days CCL. It has been
brought to the notice of the Commission that the capping of maximum
three spells in a calendar year has, to some extent, addressed the
problems relating to disruption of work. Notwithstanding that, in the
course of discussions with various stakeholders, the sense that has come
across is that what was introduced as a welfare measure to help
employees in times of need, is seen as a benefit that has to be availed
simply because it exists. There is, therefore, a palpable need to bring
in some inhibiting feature so as to ensure that only genuinely affected
employees avail of this scheme. Towards this end the Commission
recommends that CCL should be granted at 100 percent of the salary for
the first 365 days, but at 80 percent of the salary for the next 365
days. In making this recommendation the Commission has also kept in mind
the fact the concept of a paid (whether 100% or 80%) leave solely for
child care for a period of two years, is a liberal measure unmatched
anywhere else.
9.2.10 The Commission notes that in the
event a male employee is single, the onus of rearing and nurturing the
children falls squarely on his shoulders. Hence extension of CCL to
single male parents is recommended. Moreover, the Commission recognizes
the additional responsibility on the shoulders of employees who are
single mothers. Accordingly, it is recommended that for such employees,
the conditionality of three spells in a calendar year should be relaxed
to six spells in a calendar year.
Commuted Leave
9.2.11 Presently, Commuted Leave not
exceeding half the amount of half-pay leave due can be taken on medical
certificate. A demands have been made to do away with the need for
medical certificate.
Analysis and Recommendations
9.2.12 The Commission does not find merit in the demand. Status Quo is recommended.
Earned Leave (EL) or Leave on Average Pay (LAP)
9.2.13 Presently 30 days EL per annum is
granted to Civilian employees and 60 days to Defence personnel. EL can
be accumulated up to 300 days in addition to the number of days for
which encashment has been allowed along with LTC. Suggestions have been
made to increase the accumulation to 450 days, allow encashment of 50
percent of the accumulated EL after 20 years of service and delink
encashment of leave from LTC. A novel concept of “gifting” has been put
forward, wherein employee should be allowed to ‘gift’ certain number of
days of leave to one’s spouse or one’s colleague. “Vacational” staff
like teachers, principals, etc. have demanded restoration of 10 days EL,
which was changed to 20 days Half Pay Leave by VI CPC.
Analysis and Recommendations
9.2.14 In many organizations, employees
are encouraged to take leave on the premise that it revitalizes them and
is beneficial for the organization in the long run. Such a system is
not prevalent in the government sector in India, but substituting leave
with cash is also not desirable. Hence, no change in encashment
guidelines is recommended.
9.2.15 The Commission recognizes that
Earned Leave is, as the name suggests, earned by an employee through the
services rendered. Hence, it is personal to the employee and the
concept of “gifting” cannot be considered.
9.2.16 The demand of “Vacational” staff
can, however, be agreed to. Hence, it is recommended that “Vacational”
staff be granted 10 days EL in place of 20 days Half Pay Leave. Other
than this no other change is recommended.
Extra Ordinary Leave (EOL)
9.2.17 EOL is granted to a government
servant when no other leave is admissible or when other leave is
admissible, but the government servant applies in writing for
extraordinary leave. This leave is neither debited to leave account nor
is any leave salary paid. No demands have been received regarding this
leave. Accordingly, status quo may be maintained
Furlough Leave
9.2.18 This leave is admissible only to
defence officers for up to 60 days. It can be availed at half pay, once
in a cycle of three calendar years. No demands have been received
regarding this leave. However, the Commission is of the view that
Furlough Leave is a legacy of the pre- Independence era. Since defence
officers are already entitled to double the Earned Leave and more than
double the Casual Leave available to civilian employees, there is no
justification for continuation of Furlough Leave. Hence, it is
recommended that Furlough Leave be abolished.
Gazetted and Restricted Holidays
9.2.19 Besides the three National
Holidays, employees are presently entitled to 14 Gazetted and 2
Restricted holidays every year. Out of the 14 Gazetted holidays, 11 are
observed throughout India, while 3 are decided locally. For Restricted
holidays, a list is drawn up at the local level taking local factors
into consideration; employee is entitled to choose anytwoin a year out
of that list. There are demands to include May Day and 14th April as
compulsory holidays throughout India. Suggestions have also been
received to increase the number of locally decided Gazetted Holidays
from 3 to 6.
Analysis and Recommendations
9.2.20 The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.
Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP)
9.2.21 Presently, government employees
are entitled to 20 days of Half Pay Leave for each completed year of
service, credited @10 days on the 1st of January and 1st of July every
year. There are representations that encashment of HPL should be allowed
at the time of superannuation.
Analysis and Recommendations
9.2.22 The demands lack merit. Elsewhere
in the report it has been recommended that 20 days HPL granted to
“Vacational” staff be converted into 10 days EL. Hence, HPL
will henceforth not be available to them. No change other than this is
recommended.
Hospital Leave
9.2.23 This leave is granted to Group
`C’ Railway employees if they are suffering from illness or injuries
directly due to risks incurred in the course of official duties, on
production of medical certificate. Full pay is admissible for first 120
days and half pay thereafter. The leave may be combined with any other
kind of leave due and admissible, provided total period of leave does
not exceed 28 months. Demands have been received to increase this leave
to an unlimited period of time as applicable to PBORs of defence forces.
Analysis and Recommendations
9.2.24 This has been discussed under Special Disability Leave.
Leave Not Due (LND)
9.2.25 LND is granted when the employee
has no half-pay leave at credit and he/she requests for the grant of
Leave Not Due. It is granted only on medical certification, if the
leave sanctioning authority is satisfied that there is a reasonable
prospect of the employee returning to duty on its expiry. LND during the
entire service is limited to a maximum of 360 days and will be debited
against the half-pay leave that the employee may earn subsequently. No
demands have been received regarding this leave. Accordingly, status quo
may be maintained.
Maternity Leave
9.2.26 Maternity leave is granted to
women government employees–up to 180 days for pregnancy and 45 days in
the entire service for miscarriage/abortion. Maternity leave can be
combined with any other leave upto two years without medical
certificate. The Commission has received representations for enhancement
of Maternity leave to 240 days with full pay and further 120 days with
half pay.
Analysis and Recommendations
9.2.27 It is noted that Maternity Leave
was raised from 135 days to 180 days and ‘period in continuation’ raised
from 1 year to 2 years by the VI CPC. No further increase is warranted.
Status quo is recommended.
Paternity Leave
9.2.28 Presently, a male employee with
less than two surviving children may be granted Paternity Leave for a
period of 15 days during the confinement of his wife, up to 15 days
before or six months from the date of delivery of child. Paternity leave
may also be granted to a government servant with less than two
surviving children on valid adoption of a child below the age of one
year, within a period of 6 months from the date of valid adoption. There
are demands to increase the period to 30 days.
Analysis and Recommendations
9.2.29 Present dispensation of 15 days is adequate. Status quo may be maintained.
Sick Leave
9.2.30 This leave is admissible to
defence personnel only on account of sickness attributable/ aggravated
due to service conditions. Full pay is granted for the entire duration
of hospitalization. Beyond that, defence officers are allowed Sick Leave
with full pay and allowances for first six months and fully pay only
for next 18-24 months, while there is no such limit for PBORs. There are
demands from CAPFs for complete parity with defence forces in respect
of provisions of Sick Leave.
Analysis and Recommendations
9.2.31 Discussed under Special Disability Leave.
Special Casual Leave (SCL)
9.2.32 SCL is granted to employees to
cover their absence from duty for various occasions like sports events,
cultural activities, participation in Republic Day Parade, voluntary
blood donation, Trade Union meetings, etc. Full pay is granted during
SCL and it can be sanctioned with retrospective effect also. There are
demands to extend SCL to organ donors till the time they are fit to
resume duty.
Analysis and Recommendations
9.2.33 The Commission would like to
express its concern at the widespread use of SCL as a means of getting
away from duty. However, because of the extensive scope and case
specific nature of this leave, no concrete recommendations can be made.
The government may, however, consider the following suggestions:
- Review the purposes for which SCL is presently granted.
- Limit the number of purposes for which an employee can be granted SCL in a year.
- Limit the total number of days that an employee can be granted SCL in a year.
Special Disability Leave
9.2.34 It is admissible to civilian
employees when disabled by injury intentionally or accidentally
inflicted or caused by or in consequence of the due performance of
official duties or in consequence of official position held. Full pay is
admissible for the first 120 days and half pay thereafter. The leave
may be combined with any other kind of leave due and admissible,
provided the total period of leave does not exceed 24 months.
9.2.35 There are demands to remove the
ceiling limit of 24 months–the duration of leave may be left to the
discretion of doctor and full pay paid for the entire period.
Analysis and Recommendations
9.2.36 There are three different kinds
of leave admissible to civilian/defence employees which are granted for
work related illness/injuries–Hospital Leave, Special Disability Leave
and Sick Leave. It is an established worldwide practice that employees
who suffer illness/injuries that are attributable to/aggravated in the
course of their duty need to be adequately compensated. However, due to
the inherent difference between the nature of duties of civilians and
uniformed forces, a distinction needs be made in the level of
compensation provided. Having said that, there is some similarity in the
risks faced by different uniformed forces, and consequently parity
amongst them may be considered as far as this leave is concerned
9.2.37 The following is, therefore, recommended:
- Hospital Leave, Special Disability Leave and Sick Leave should be subsumed in a new Leave named Work Related Illness and Injury Leave (WRIIL).
- Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
- Beyond hospitalization, WRIIL will be governed as follows:
- For Civilian employees, RPF employees and personnel of Police Forces of Union Territories: Full pay and allowances for the 6 months immediately following hospitalization and Half Pay only for 12 months beyond that. The Half Pay period may be commuted to full pay with corresponding number of days of Half Pay Leave debited from the employee’s leave account.
- For Officers of Defence, CAPFs, Indian Coast Guard: Full pay and allowances for the 6 months immediately following hospitalization, for the next 24 months, full pay only.
- For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.
- In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation payable under the Act.
- No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.
Study Leave
9.2.38 Presently, Study Leave may be
granted to all government employees with not less than five years’
service for undergoing a special course consisting of higher studies or
specialized training in a professional or technical subject having a
direct and close connection with the sphere of his duties as a civil
servant. It is limited to 24 months, except for CHS officers who are
allowed 36 months.
9.2.39 No demands have been received regarding this leave. Accordingly, status quo may be maintained.
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