Provisions stipulated under the CCS (Leave) Rules, 1972 regulating Earned Leave to central Govt. employees are explained here under.
1. Entitlement [CCS Leave Rule – 26 (1) (a) (i)]
The leave account of every Government servant (other than a military officer) who is serving in a Department other than a Vacation Department, shall be credited with earned leave, in advance, in two installments of 15 days each on the first day of January and July of every calendar year, provided that the earned leave at credit together with the un-availed joining time allowed to be so credited shall not exceed 300 days (excluding* the number of days for which encashment has been allowed along with Leave Travel Concession while in service).
* Including till 31/08/2008 as the amendment was made by sixth CPC w.e.f 01/09/2008.
2. Un-availed Joining Time [CCS Leave Rule – 26 (1) (a) (ii)]
When a Government servant joins a new post without availing full joining time by reasons that – (a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled, or (b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming traveling allowance for the family, the number of days of joining time as admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to the maximum of 15 days reduced by the number of days actually availed of, shall be credited to his leave account as earned leave, provided that the earned leave at his credit together with the un-availed joining time allowed to be so credited shall not exceed 300 days
3. Carry forward [CCS Leave Rule – 26 (1) (b)]
The leave at the credit of a Government servant at the close of the previous half-year shall be carried forward to the next half-year subject to the condition that the leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 300 days.
Provided that where the earned leave at the credit of Government servant as on the last day of December or June is 300 days or less but more than 285 days, the advance credit of 15 days earned leave on first day of January or July to be afforded shall, instead of being credited in leave account, be kept separately and first adjusted against the earned leave that the Government servant takes during that half-year and the balance, if any, shall be credited to the leave account at the close of the half-year, subject to the condition that balance of such earned leave plus leave already at credit do not exceed the maximum limit of 300 days.
Illustration –If, there are 289 days of EL as on 31/12/2010, then on 01/01/2011 the EL account be made 289 (15) and EL to be availed during 01/01/2011 and 30/06/2011 be first adjusted against the (15) days and then from 289 days. Now, supposing EL availed during the half-year is 12 days, then on 01/07/2011, 3 days will be credited to the EL account, which then will be 292 (15) days on that day. Alternatively, if EL availed during the half-year is 21 days, then on 01/07/2011 the EL account will be made 283 (15) instead of 292 (15) days.
4. Limit on grant of EL [CCS Leave Rule – 26 (2) & (3)]
The maximum earned leave that may be granted at a time shall be –
(i) 180 days in the case of any Government servant employed in India, or
(ii) 300 days, if the entire leave so granted or any portion thereof is spent outside India, Bangladesh, Bhutan, Burma, Sri Lanka, Nepal and Pakistan, provided that where EL for a period exceeding 180 days is granted under this sub-rule, the period of such leave spent in India shall not exceed 180 days.
Note – Above limit is subject to provisions in Rule – 7, 26 (1), and 39.
4. Calculation of Earned Leave [CCS Leave Rule – 27]
(1) Earned leave shall be credited to the leave account of Government servant at the rate of 2½ days for each completed calendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed.
(2A) The credit for the half-year in which a Government servant is due to retire or resigns from the service shall be afforded only at the rate of 2½ days per completed calendar month up to the date of retirement or resignation.
(2B) When a Government servant is removed or dismissed from service or dies while in service, credit of earned leave shall be allowed at the rate of 2½ days per completed calendar month up to the end of the Calendar month preceding the calendar month in which he is removed or dismissed from service of dies in service.
(3) If a Government servant has availed of extraordinary leave and/or some period of absence has been treated as dies non in a half-year, the credit to be afforded to his leave account at the commencement of the next half-year shall be reduced by 1/10th of the period of such leave and/or dies non subject to maximum of 15 days.
(4) While affording credit, fractions of a day shall be rounded off to the nearest days.
Note – A period spent in Foreign Service shall count as duty for purposes of this rule, if contribution towards leave salary is paid on account of such period.
Illustration – If an employee joins in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 13, 10, 8, 5, 3, and Nil ELs, respectively for that half-year. Similarly, if an employee resigns (not on the last day) in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for Nil, 3, 5, 8, 10, and 13 ELs. However, if an employee resigns on the last day or due to retire in Jan/July, Feb/Aug, Mar/Sep, Apr/Oct, May/Nov, Jun/Dec he is entitled for 3, 5, 8, 10, 13, and 15 ELs.
5. EL for Vacation Staff [CCS Leave Rule – 28]
The above provision apply to the employees working in non-vacation establishments and the non-vacation staff in vacation establishments. Provisions of EL for vacation staff are different as contained in Rule-28 of the CCS (Leave) Rules, 1972. Those provisions have been explained in the “Vacation Staff” sub-page.