Section 77 in West Bengal Municipal (Employees' Service) Rules, 2010
77. Leave
. (1) "Leave" means, except in the case of casual leave, absence from duty attached to the tenure of the post. There may be the following kinds of leave admissible to a teacher or a non-teaching employee of an institution;(i)Casual leave;(ii)Leave on half-average pay;(iii)Leave on medical grounds;(iv)Compensatory leave;(v)Extra-ordinary leave;(vi)Maternity leave;(vii)Quarantine leave;Note : (a) No leave can be claimed as a matter of right.(b)Absence of a teacher attending Head Examiner's Meeting of the Board or having an interview with the Board, if called for by the Board or if required, to join a Seminar organised or sponsored by the All India Council, State Government or by the Board, shall be treated as on duty.(c)"Medical Certificate" means a Certificate granted by Registered Medical Practitioner in the following forms :I..................after careful personal examination of the case certify that......................whose signature is given below is suffering from...................... and I consider that a period of absence from duty of.........................is absolutely necessary for the restoration of his or her health.Government Medical OfficerOrRegistered Medical Practitioner.'Date :...................A similar certificate may be necessary when a teacher or a non-teaching employee is declared fit to rejoin his or her duties.(d)"Average Pay" means the average of basic pay for the period of twelve months immediately preceding the date on which the teacher or non-teaching employee proceeds on leave.(e)"Teacher" means a Headmaster /Headmistress, Assistant Headmaster/ Assistant Headmistress or any other approved member of the teaching staff.(2)Casual Leave. Casual leave shall not be treated as absence from duty and there shall, consequently, be no interference with the rate of emolument of the teacher or the non-teaching employee concerned.(3)Leave on half-average pay. A teacher or a non-teaching employee of a school may be granted fifteen (15) gays leave on half-average pay in a year of service :Provided that the total period of leave on half-average pay which may accrue to the credit of the teacher or the non-teaching employee shall not exceed two months :Provided further that during such period a teacher or a non-teaching employee shall be entitled to a leave salary at the rate of half of the average pay.(4)Leave on Medical Ground.- A teacher or a non-teaching employee of a school may be granted fifteen (15) days' leave on medical ground for each completed year of service spent on duty, on production of medical certificate from a Medical Officer or a Registered Medical Practitioner with the application for leave and fit certificate at the time of resuming duties.The total period of leave on medical ground, which may accrue, to the credit of a teacher or a non-teaching employee shall not exceed one year, that is 365 days during the whole period of service in a School or Schools.During the period of leave on medical ground the teacher or the non-teaching employee will get a salary at the rate of full-average pay.(5)Compensatory Leave.A teacher or a non-teaching employee of a school may be granted Compensatory leave for half the period he may be required to attend the School for duty during a long vacation or holidays; provided he attends the School at least seven days during such vacation or holidays.(6)Extraordinary Leave.If for any unforeseen reason a teacher or a non-teaching employee of a school fails to attend his duties and if there is no other leave due at his credit, he may be granted leave without pay at the discretion of the Managing Committee for a period not exceeding two years.(7)Maternity Leave.-(i) Maternity leave may be granted to a permanent female teacher or a non-teaching employee, which is not debited against the leave account 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 female teacher having two living children shall be entitled to this leave.(ii)Maternity leave may also be granted to temporary female teacher or a non-teaching employee, on full pay :Provided that female teacher has been in service for at least nine months immediately preceding the date of delivery.(iii)Maternity leave may also be granted to female teacher or a non-teaching employee in case of miscarriage or abortion subject to the condition that such leave shall not exceed six weeks ana the application for the _leave is supported by a certificate from a Registered Medical Practitioner or a Government Hospital.(iv)Any other kind of leave, in continuation of maternity leave, may be granted if a medical certificate supports the request for its grant.(8)Quarantine Leave. Quarantine leave is a leave of absence from duty necessitated by orders not to attend School in consequence of the presence of infectious disease in the family or household of a teacher or a non-teaching employee of School. Such leave may be granted on production of a certificate of Medical Officer or Public Health Officer for a period not exceeding twenty-one (21) days or in exceptional circumstance, thirty (30) days. Any leave necessary for quarantine purposes in excess of this period shall be treated as ordinary leave. Quarantine leave may also be granted when necessary in continuation of other leave subject to the above maximum. No substitute shall ordinarily be appointed in place of a teacher or a non-teaching employee absent on quarantine leave. A substitute may, however, be appointed for the absence of a teacher or a non-teaching employee on quarantine leave, whose duties cannot be arranged otherwise. A teacher or a non-teaching employee on quarantine leave is not treated as absence from duty and his pay is not terminated.Explanation.For the purpose of granting quarantine leave under this rule the list of infectious diseases shall include the following :(a)(i)Small Pox; (ii) Scarlet Fever; (iii) Plaque (Pneumonic and/or Bubonic); (iv) Typhus; (v) Cerebro-Spinal Meningitis: (vi) Encephalitis.(b)For the persons employed in the preparation and distribution of food, the following additional diseases should also be treated as infectious :(i)Dysentery; 60 Enteric fever (Typhoid fever); (iii) Malta fever; (iv) Paratyphoid fever.(9)(i)No kind of leave except casual leave should be availed of without written application and previous sanction, except in very exceptional circumstances, which should be explained to the satisfaction of the leave sanctioning authority.(ii)Any member of teaching and non-teaching staff remaining absent for more than three (3) days for reasons of illness shall submit a certificate from a Registered Medical Practitioner.(iii)Leave for reasons of private affairs except casual leave must be applied for and got approved before it is availed of. Member of the teaching and non-teaching staff before finalizing their private engagement should previously ascertain from the authority concerned as far as practicable whether the leave asked for is likely to be granted provided that in exceptional case of emergency nature in which it was not possible on the part of the staff concerned to apply for the leave and got it sanctioned before proceeding on leave, formal leave application fully stating the facts and circumstances necessitating such leave should be submitted to the authority concerned at the earliest possible opportunity.(10)(i)No permanent teaching or non-teaching employee shall be granted leave of any kind for a continuous period exceeding five (5) years. When such an employee does not resume his duty after remaining on leave for a continuous period of five (5) years, or where such an employee after the expiry of his leave remains absent from duty. otherwise on ground of suspension for any period. which together with the period granted to him exceeds five (5) years, he shall unless the Board on reference from the School authorities and in view of exceptional circumstances of the case otherwise determines, be deemed to have resigned and shall accordingly cease to be in the employment of the School.(11)When an employee woo is not in permanent employ, fails to resume his duties on the expiry of maximum period of extra-ordinary leave granted to him under sub-rule (7) or where such an employee who is granted a shorter period of extra-ordinary leave than the maximum period admissible, remains absent from duty for any period which together with extra-ordinary leave granted exceeds the limit upto which he would have granted such leave under sub-rule (7), he shall, unless the Board on reference from the School authorities and in view of exceptional circumstances of the case otherwise determines, be deemed to have resigned and shall accordingly cease to be in the employment of the School.(12)Excepting casual leave and compensatory leave, any kind of leave mentioned below may be granted in combination with or in continuation of any other kind of leave stated below :(a)Leave on half-average pay;(b)Leave on medical grounds;(c)Extra-ordinary leave;(d)Maternity leave.
