Section 76 in West Bengal Municipal (Employees' Service) Rules, 2010
76. Leave for teaching and non-teaching staff of primary schools
. (1) (a) Causal leave for short periods may be granted at the discretion of the sanctioning authority to a teacher on full pay for not more than 14 days during the calendar year, but it shall not entail absence of more than seven consecutive days at a time. including Sundays or holidays :Provided that Sundays or holidays preceding, following or falling within the period of casual leave shall not be counted as part of the casual leave.(b)Causal leave should only be granted for adequate reasons and cannot be claimed as of right or allowed if the interest of public service forbids it.(2)(a)Maternity leave may be granted to a permanent female primary teacher on full pay at the rate she was drawing at the time of taking leave for a maximum period of one hundred and thirty five days :Provided that no permanent female primary teacher having two living children shall be entitled to this leave.(b)Maternity leave may be granted to temporary female primary teacher for a maximum period of one hundred and thirty five days :Provided that no temporary female primary teacher having two living children shall be entitled to this leave.(c)Maternity leave may also be granted to a female teacher in case of miscarriage or abortion subject to the condition that sanctioned leave does not exceed 6 (six) weeks and the application for the leave is supported by a certificate from the registered medical practitioner/Government Hospital or Government Health Center.(d)Any other kind of leave may be granted in continuation of maternity leave if the request for its grant be supported by medical certificate.(3)If a permanent teacher is under the specific orders of the authority competent to sanction leave detained for duties and prevented for availing himself of the vacation, either in full or in part during which the school remain closed, he shall be entitled to get leave on full pay for the number of days which is such proportion of 30 days as the number of days of vacation not taken, bears to the full vacation of the year. Such detention however shall be for the performance of specific duties at the school concerning its affairs only. The order of the competent authority shall in each case state in full the reasons for such detention of the teacher and the copy of the order shall forthwith be forwarded to the State Government :Provided that when leave due on such ground amounts to 120 days at the credit of a permanent teacher he shall cease to earn such leave.(4)No leave other than casual leave, maternity leave, commuted leave and leave in lieu of duty during vacation shall be granted on more than half pay to any teacher.(5)(i)A teacher may be granted half-pay leave on medical certificate or on private affairs which shall not exceed(a)30 days in case of a permanent teacher, and(b)20 days in case of a temporary teacher for each completed year of service:Provided that no half -pay leave shall be granted at a time for more than 180 days to a permanent teacher and more than 120 days to a temporary teacher :Provided further that no half-pay leave shall be granted to a temporary teacher unless the authority competent to sanction the leave has reason to relive that the teacher will return to duty on its expiry.(ii)Commuted leave not exceeding half the amount on half-pay leave due, may be granted on medical certificate only subject to the following conditions, namely :(a)commuted leave during the entire period of service shall be limited to the maximum of 180 days in the case of a permanent teacher and 120 days in the case of a temporary teacher;(b)twice the amount of the commuted leave granted shall be debited against the half-pay leave due;(c)the total duration of leave in lieu of duty during vacation and commuted leave taken in conjunction shall not exceed the maximum limits prescribed in clause (a) of this sub-rule :Provided that no commuted leave may be granted under this sub-rule unless the authority competent to sanction leave has reason to believe that the teacher will return to duty on its expiry.(iii)A teacher on commuted leave is entitled to leave salary equal to twice the amount admissible to him in case of half-pay leave.(6)(a)Extra-ordinary leave may be granted to a teacher in special circumstances when no other leave is admissible under these rules.(b)The authority empowered to grant leave may commute retrospectively the period of absence without leave into extra ordinary leave.(c)A teacher on extra-ordinary leave is not entitled to any leave salary.(d)Extra-ordinary leave conjunction with any other leave, if any, shall not, at any one time, exceed 12 months.(7)Leave cannot be claimed as of right, when the exigencies of circumstances so require the discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.(8)Leave other than casual leave can be prefixed or suffixed to Sundays/ Holidays (including vacation) as the case may be but these cannot be sandwiched.
