7th Pay Commission Recommendations on Leave and Holidays
Gazetted and Restricted Holidays : 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 any two in 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 : The Commission is of the view that the present system is working well. Accordingly, status quo is recommended.
7th CPC Leave Rules : 7th Pay Commission has recommended on Holidays and Leave for Central Government Employees and Offices…
Holidays and Leave :
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.
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) :
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.
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
: 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 :
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 : No demands have been received regarding this leave. Accordingly, status quo may be maintained.
Child Care Leave (CCL)
: 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
: 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.
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.
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.
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
: 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 : The Commission does not find merit in the demand. Status Quo is recommended.
Earned Leave (EL) or Leave on Average Pay (LAP) : 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
: 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.
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. 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)
: 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 : 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.
Half Pay Leave (HPL) or Leave on Half Average Pay (LHAP)
: 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
: 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 : 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 : This has been discussed under Special Disability Leave
Leave Not Due (LND)
: 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
: 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
: 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
: 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 : Present dispensation of 15 days is adequate. Status quo may be maintained.
Sick Leave : 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 : Discussed under Special Disability Leave.
Special Casual Leave (SCL)
: 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
: 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:
1. Review the purposes for which SCL is presently granted.
2. Limit the number of purposes for which an employee can be granted SCL in a year.
3. Limit the total number of days that an employee can be granted SCL in a year.
Special Disability Leave
: 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. 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
: 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.
The following is, therefore, recommended:
1. Hospital Leave, Special Disability Leave and Sick Leave should be
subsumed in a new Leave named Work Related Illness and Injury Leave
(WRIIL).
2. Full pay and allowances will be granted to all employees during the entire period of hospitalization on account of WRIIL.
3. Beyond hospitalization, WRIIL will be governed as follows:
a. 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.
b. 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.
c. For PBORs of Defence, CAPFs, Indian Coast Guard: Full pay and allowances, with no limit regarding period.
4. 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.
5. No Earned Leave or Half Pay Leave will be credited during the period that employee is on WRIIL.
Study Leave
: 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. No demands have been received regarding this leave. Accordingly, status quo may be maintained.
