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State of Maharashtra - Section

Section 16 in The Maharashtra Employees of Private Schools (Conditions of Service) Rules, 1981

16. Leave.

(1)Leave shall not be claimed as a matter of right. Discretion to grant, refuse or cancel leave (other than casual leave) is reserved - (i) in the case of the teaching and non-teaching staff (other than the Head), with the School Committee and (ii) in the case of the Head, with the Management.
(2)An application for leave other than casual leave or extension of leave or to proceed on leave after vacation shall ordinarily be made in good time before the date from which the leave or its extension is sought. Even in exceptional cases where it is not possible to apply beforehand because of circumstances beyond the control of the employee, the application shall be made within 7 days from the date of absence. A non-permanent employee shall be deemed to have abandoned his service if he fails to apply for leave within seven days from the date of absence.
(3)In the case of a permanent employee who, without sufficient cause, fails to apply for leave within 7 days from the date of absence, it shall be treated as breach of discipline and he shall be liable for suitable disciplinary action after due inquiry. A permanent employee who is absent from duty [without leave continuously for a period exceeding three years] [These words were substituted for the words 'with or without leave continuously for a period of three years or more' by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] or more, shall be deemed to have voluntarily abandoned his services.
(4)[ Casual leave may be granted to the teaching and non-teaching staff other than the Head, by the Head, and to the Head by the Chief Executive Officer or by the Management if the Head himself is the Chief Executive Officer, or by the management if the Head himself is the Chief Executive Officer, for a period, as the Government may, by order specify, from time to time] [Sub-rule (4) was substituted by Notification No. SSN/1099/(172/99)/SE-2, dated 21.11.2000.].
(5)Not more than two holidays can be enjoyed in conjunction with any spell of casual leave whether by prefixing or by suffixing or by both and the total period of casual leave and holidays enjoyed continuously at one time shall not exceed 7 days save only in exceptional circumstances when it may be extended upto 10 days.
(6)The number of holidays in excess of two holidays prefixed or suffixed or both, to the casual leave shall be treated as casual leave. Sundays, and holidays interposed between two periods of casual leave, shall be treated as part of casual leave.
(7)Casual leave cannot ordinarily be prefixed or suffixed to vacation except with the previous permission of the Head.
(8)It is permissible to enjoy half day's casual leave if the period of absence is half or less than half of a working day.
(9)Absence on a Saturday, if it is half working day or on any other day which is observed by the school as a half working day, shall be treated as casual leave for a full day and not as a half day's casual leave.
(10)The following kinds of special casual leave which shall not be debited to the casual leave admissible to an employee shall be granted namely:
(a)Special Casual Leave under the Family Planning Scheme :
  Occasion Special Casual Leave Admissible
(i) Vasectomy or as the case may be tubectomy operation Not exceeding six working days.
(ii) Female Employees undergoing non-puerperal sterilisation Not exceeding 14 days.
(iii) Female employees undergoing U.C.D. insertion. For the day subject to production of a medical certificate.
(iv) Employee whose wife undergoes a Gynaec. Sterilisation (non-puerperal tubectomy). Not exceeding seven days, subject to production of a medical certificate.
[Note] [The word and figure 'Note 1' was substituted for the word 'Note' by Notification No. PST/1083/SE-3-Cell, dated 20.12.1984.] : The special casual leave on the above two occasions may be combined with ordinary casual leave or regular leave provided the application is supported by a medical certificate.[Note 2 * * *] [Note 2 was deleted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]Note 1 : The special casual leave may be combined with ordinary casual leave or regular leave provided the application is supported by medical certificate by the doctor who actually performs the operation to the effect that the presence of the employee is essential to look after his wife during the period of leave.Note 2 : Special casual leave not exceeding four days shall be granted to the employee whose wife undergoes tubectomy operation immediately after the delivery subject to production of medical certificate from the doctor who actually performs the operation.
(b)Special Casual Leave on other occasions mentioned below :
  Occasion Special Casual Leave Admissible
(i) Anti-rabic treatment Upto 3 weeks.
(ii) Participation in national or international sports. Upto 30 days subject to the provisions of Notes 2 and 4.
(iii) Mountaineering Upto 30 days subject to the provisions of Notes 3 and 4.
(iv) Free Blood Donation One day (either on the same day or on the very next day ofdonation of blood but not on any other subsequent day)
Note 1 : If a substitute is appointed in place of an employee granted leave under item (i) such substitute shall be entitled to salary and allowances admissible to him.Note 2 : Grant of Special Casual Leave for participation in national or international sports shall be -
(1)For participation in sporting events of national or international importance.
(2)When the employee is selected for such participation -
(i)in respect of international sporting events by National Sports Federation or Association recognised by the All India Council or Board and approved by Ministry of Human Resource Development, (Dept. of Education of Government of India), or
(ii)in respect of National importance when the sporting event in which participation takes place is held on an Inter-State, Inter-Zonal or Inter Circle basis and the employee takes part in the event in a team as a duly nominated representative on behalf of the State, Zone or Circle and when he participates in his personal capacity.
(3)When an employee is selected or sponsored for attending, coaching a Training Camp or All-India Coaching or Training Schemes or his services are utilised as Umpire for such sporting events.Note 3 : Special casual leave for Mountaineering shall be admissible when the expedition is approved by the Indian Mountaineering Foundation.Note 4 : If an employee participates in national or international sporting event and also in mountaineering the total special casual leave will not exceed 30 days.
(11)[ An employee, including an employee who is entitled to vacation, shall be entitled to half pay leave of 20 days in respect of each completed year of service and such leave may be granted on medical certificate or on private affairs. If an employee is on leave on the day on which he completes a year of service, he shall be entitled to half pay leave without having to return to duty. The period of suspension, if any, finally treated as suspension shall be excluded for counting completed years of service for this purpose.] [Sub-rule (11) was substituted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
(12)
(a)Commuted leave not exceeding half the period of half pay leave due may be granted on medical certificate given by a registered medical practitioner, stating as clearly as possible, the nature and probable duration of the illness, on the following conditions namely :
(i)When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave due.
(ii)No commuted leave shall be granted under this rule, unless the authority competent to sanction leave [is satisfied that there is reasonable prospect of the employee returning to duty on its expiry.] [These words were substituted for the word 'has reason to believe that the employee will return to duty on its expiry' by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
(iii)[ The authority competent to grant leave shall obtain an undertaking from the employee that in the event of his resignation or retiring voluntarily from service he shall refund the difference between the leave salary drawn during commuted leave and that admissible during half pay leave.] [Clause (iii) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
(b)The authority competent to sanction leave may, at its discretion secure a second medical opinion by requesting the Superintendent in Government Medical Hospitals in Bombay, or Civil Surgeon or District Medical Officer, or Medical Officer of Zilla Parishads, Municipal Councils or Municipal Corporations to have the applicant medically examined. If the authority decides to do so, it shall arrange for the second medical examination to be made on the earliest possible date after the date on which the first medical opinion was given. It shall forward the original medical certificate produced by the applicant to the Medical Officer by whom he is to be re-examined.
(c)The re-examination, if necessary, shall be arranged by the Management at its own cost, if any, and any expenditure on this account shall not be held admissible for grant.
(d)Half pay leave upto a maximum of 180 days shall be allowed to be commuted during the entire service where such leave is utilised for an approved course of study which is certified to be in the public interest by the authority sanctioning leave on the conditions mentioned in sub-clauses (i) and (ii) of clause (a).
(e)[ Where an employee who has been granted commuted leave resigns from his service or at his request is permitted to retire voluntarily without returning to duty, the commuted leave shall be treated as half pay leave and the difference between the leave salary in respect of commuted leave and half pay leave shall be recovered : [Clause (e) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
Provided that, no such recovery shall be made if the retirement is by reason of ill-health incapacitating the employee for further service or in the event of his death.] [Proviso was added by Notification No. PST.1083/194/SE-3-Cell, dated 20.12.1984.]
(13)Extraordinary leave may be granted to an employee in special circumstances when no other leave is by rule admissible or when other leave is admissible but the employee applies in writing for the grant of extraordinary leave. Except in the case of a permanent employee, the duration of extraordinary leave shall not exceed three months on any one occasion. In the case of a permanent employee, the duration of the extraordinary leave shall not exceed three years on any one occasion. The authority competent to sanction leave may commute retrospectively the period of absence without leave, into extraordinary leave.
(14)[(a)] [Sub-Rule (14) shall be re-lettered as clause (a) of that sub-rule and after clause (a) as so re-lettered Explanation and clause (b) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] Subject to the provisions of sub-rule (16) maternity leave shall be granted to a female employee who has put in more than one year's service. It may be granted for a period not exceeding ninety days from the date of its commencement.[Explanation - In the case of a female employee entitled to vacation, if the date of confinement falls during the vacation, the maternity leave shall commence from the date of confinement and it shall run concurrently with the vacation.
(b)The application for maternity leave from an employee shall invariably be supported by medical opinion as to the probable date of confinement, and her undertaking to the effect that she shall communicate the date of confinement supported by a medical certificate. In case of lower grade staff in which insistence on a regular medical certificate is likely to cause hardship, the authority competent to grant leave may accept such certificate as it may deem sufficient.]
(15)Maternity leave under sub-rule (14) shall be granted on half pay to an employee, who has put in more than one year's but less than two years' service before the date of commencement of such leave. In the case of employee who has put in two years' service or more on the date of commencement of such leave, she shall be granted maternity leave with full pay. In case of a female employee with less than one year's service she shall be granted extraordinary leave for a similar period.
(16)Maternity leave shall not be debited to the leave account. Leave of any other kind may be granted in continuation of maternity leave, if the request for granting it is supported by a medical certificate.
(17)Maternity leave shall not be granted to a female employee having three or more living children.Note: Leave under this rule shall be admissible in cases of miscarriage or abortion or termination of pregnancy under the Medical Termination of Pregnancy Act, 1971(34 of 1971) subject to the following conditions, namely:
(1)The leave shall not exceed six weeks: and
(2)The application for the leave shall be supported by a medical certificate.
(18)[ (a)] [Sub-Rule (18) shall be re-lettered as clause (a) of that sub-rule and clause (b) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] The earned leave admissible to a permanent employee [other than the Head (but not the Assistant Head) of a secondary school] [These words were inserted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] entitled to vacations in respect of any year in which he is prevented from availing himself of the full vacations, or a part thereof shall be in such proportion of 30 days a year as the number of days of vacation not availed of bear to the full vacation, provided that the employee shall cease to earn such leave when the earned leave due is accumulated to 180 days.
(b)[ The Head (but not the Assistant Head) of a secondary school shall, for the purpose of compensating the work which he is required to do during vacation, be entitled to earned leave for 15 days for every completed year of service after 1st day of April, 1981 so however that the Head, shall cease to earn any such leave when the earned leave in balance, if any, to his credit on that day and the earned leave earned by him after that day is accumulated to 180 days.] [Sub-Rule (18) shall be re-lettered as clause (a) of that sub-rule and clause (b) was added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
Illustration : An employee who is prevented from availing himself of the full vacation of 63 days in a year, shall be entitled to earned leave for 30 days. Similarly the employee who is prevented from availing himself of 21 days out of the total vacation shall be entitled to earned leave for 10 days, and so on.
(19)[ Due to the nature of his duties the Head shall be required to do some school work even during the vacation. In case of any other employee including an Assistant Head who is entitled to vacation, the Head shall obtain previous permission of the Education Officer for preventing him from availing himself of the vacation or a part thereof.] [Sub-Rule (19) is added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]
(20)An employee who is not entitled to vacations shall earn leave at the rate of one-eleventh of the period spent on duty. The employee shall cease to earn such leave when the earned leave is accumulated to 180 days.
(21)An employee including an employee to whom provisions of sub-rule (18) apply shall be entitled to the benefit of encashment of surrendered leave on the following conditions, namely :
(i)Such surrendered leave shall not be availed of in conjunction with vacation.
(ii)The employee who takes earned leave for a period not less than thirty days, shall be allowed to surrender the balance of the earned leave (or any portion thereof) to his credit or, the date of commencement of leave at his option subject to the maximum of thirty days and he shall be granted leave salary, Dearness allowance and Compensatory Local Allowance as admissible under the rules for the period of the leave surrendered.
(iii)The authority competent to sanction earned leave shall be competent to accept surrender of earned leave. Application for surrender of earned leave shall be made along with the application for grant of leave.
(iv)The number of days of earned leave surrendered shall be reckoned as surrendered on the date of commencement of actual leave taken and deducted from the leave account of the employee on that date.
(v)The total of the earned leave actually availed of and the earned leave surrendered shall not exceed the maximum leave admissible to the employee at any one time.
(vi)The leave salary and allowances admissible for the leave surrendered shall be at the rate of leave salary and allowances admissible at the commencement of earned leave. For this purpose, a month shall be reckoned as 30 days, irrespective of the month in which the leave is availed of.
(vii)The amount of leave salary and allowances for the surrendered leave may be paid in advance but not earlier than six days before the commencement of leave. The authority competent to sanction leave shall insert a clause in the sanctioning order itself to the effect that in case the leave is required to be cancelled by the competent authority before the date from which the employee was to proceed on leave, the amount of leave salary and allowances for the surrendered leave shall be refunded forthwith by the employee in one instalment or adjusted in full in the first monthly pay or leave salary bill of the employee. No deductions on account of Provident Fund subscriptions, house rent re-payment of any advances and repayment of any dues to Co-operative Societies etc. shall be made from the leave salary for the period of surrendered leave.
(viii)An employee who is permitted to surrender his leave shall not ordinarily be permitted to rejoin duty before the expiry of the thirty days leave sanctioned to him.
(ix)In case of compulsory recall to duty, an employee shall be allowed to enjoy the balance of his earned leave before expiry of the period of six months from the date on which he proceeded on earned leave or before he again proceeds on earned leave with the benefit of surrender of earned leave, whichever is earlier. The authority competent to sanction leave shall grant leave to such employee during the aforesaid period if he applied for it. If the employee concerned by himself does not ask for being allowed to enjoy the same, the balance of the earned leave shall lapse and the said period shall be debited to his leave account as if he had enjoyed it.
(x)In order to guard against omission to post a debit in the leave account in respect of the leave surrendered in case of such employees, the details of surrendered leave shall be noted in their service books and in their leave accounts when the leave salary is drawn. A certificate to the effect that the necessary entries have been made in the service book and in the leave account shall be furnished by the school in the bill in which the leave salary for the surrendered leave is drawn.
(xi)The maximum earned leave that can be surrendered shall be limited to 30 days in a financial year, on the date of commencement of earned leave for a period of not less than 30 days.
(xii)The benefit of surrender of earned leave shall not be allowed more than once in any financial year.
(xiii)On return from leave, the employee shall serve the school for a period not less than the period of earned leave surrendered.
(22)Any kind of leave except casual leave may be granted in combination with or in continuation of any other kind of leave.
(23)Non-permanent employee shall not be entitled to any leave with pay other than casual and maternity leave. A non-permanent employee when appointed substantively to a permanent post shall be entitled to leave which would have been admissible if his previous continuous duty was as a permanent employee. Half pay leave at the rate of 20 days for each completed year shall be granted to a non-permanent employee provided the authority competent to sanction leave has reason to believe that the employee concerned shall return to duty on its expiry.
(24)An employee on full pay leave shall be entitled to leave salary equal to the pay drawn immediately before proceeding on leave.
(25)An employee on half pay leave shall be entitled to leave salary at the rate equal to half the amount specified in sub-rule (24) above. In addition he shall draw proportionate amount of Dearness Allowance based on the amount of leave salary plus Compensatory Local Allowance and House Rent Allowance at full rates, if admissible.
(26)An employee on commuted leave shall be entitled to leave salary equal to twice the amount of pay admissible under sub-rule (25).
(27)An employee suffering from T.B., Cancer or Leprosy shall be entitled to such special leave and allowances as are admissible to Government Servants for this purpose.
(28)An employee on extraordinary leave shall not be entitled to any leave salary.
(29)An employee [including an employee to whom provisions of sub-rule (18) apply] [These words were added by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.] retiring on superannuation shall be eligible to receive payment of cash equivalent to leave salary in respect of the period of earned leave at his credit at the time of retirement limited to a maximum of 180 days of earned leave. He shall also be entitled to pension and pension equivalent of Death-cum-Retirement Gratuity in addition to the cash payment of leave salary, subject to the following conditions namely :
(a)the payment of cash equivalent of leave salary shall be limited to a maximum of 180 days earned leave.
(b)the cash equivalent of leave salary thus admissible shall become payable on retirement and shall be paid in one lump-sum as a one-time settlement.
(c)the cash payment shall be equal to leave salary as admissible for earned leave and Dearness Allowance admissible on that leave salary at the rates in force on the date of retirement. No Compensatory Local Allowance and House Rent Allowance shall be payable.
(d)the authority competent to grant leave shall suo motu issue orders granting cash equivalent of earned leave at the credit of the employee on the date of retirement.
(30)An employee may also avail of, as leave preparatory to retirement, a part of earned leave to his credit. In that case, he shall be allowed payment of cash equivalent of leave salary for the balance of the earned leave that remains to his credit on the date of retirement in accordance with these rules.
(31)An employee on leave, with full or half or without pay, shall not accept any full-time service with or without pay or remuneration during the period of leave. An employee may accept part time employment after obtaining specific permission from the Head of School, the School Committee for the Management, as the case may be.
(32)An employee on leave shall not be allowed to return to duty before expiry of the leave except with the permission of the sanctioning authorities.
(33)Under exceptional circumstances of administrative necessity, the authority competent to sanction leave may call back to duty an employee who is on leave explaining the nature of the emergency, and it shall be incumbent on the employee to return to duty. If, however, the employee cannot return to duty as directed, he shall satisfy the said authority about the bona fide circumstances of his inability.
(34)The date of increment of an employee on extraordinary leave shall be postponed by the period of such leave. [* * *] [The portion beginning with the words 'The teachers' and ending with the words 'for the purposes of increment' were deleted by Notification No. PST/1083/194/SE-3-Cell, dated 20.12.1984.]