LEAVE

1.1 Definitions:

(a) “Employee” includes Graduate Engineers and Executive Trainees, but excludes

i. Deputationists governed by separate rules.

ii. Casual, part-time temporary employees and

iii. Those who are governed by separate rules by contract of service.

(b) “Completed year of service” means continuous period of service in the Company for a period of one year, including period spent on any kind of leave.

(d) “Executives” means employees in the EO scale of Pay

(e) “Non-Executives” means employees in wage group-I to XIII of

(f) Jr.Officers in the scales of pay from S-1 4650-140-80 to S-4 5300-180-9980.

1.2 Claim for Leave:

1.2.1 Leave can not be claimed as of right. When exigencies of Company’s interest so require, the competent authority may, at his discretion, refuse the leave applied for or revoke leave already granted.

1.2.2 Leave shall not be granted to an employee who is under suspension or whom the competent authority has decided to dismiss or remove from service.

1.3 COMBINATION OF LEAVE:

1.3.1 Any kind of leave except casual leave may be availed of in-combination with or in continuation of any other kind of leave. Grant of leave in continuation of maternity leave shall be on medical certificate.

1.3.2 Holidays occurring at either end of leave may be prefixed or suffixed with the leave, with the approval of Sanctioning Authority. Holidays occurring during the leave shall be counted as Leave.

1.4 RECALL FROM LEAVE:

An employee may in the exigencies of work, be recalled from leave. In case of such recall, the employee shall be entitled to:

(a) Draw traveling allowance and Daily allowance from the date of commencement of journey consequent upon recall from leave as on tour. In case the employee had gone on LTC, only Daily Allowance shall be admissible.

(b) In such case his leave will be calculated upto the period of his starting from the station where he is on leave.

1.5 Absence from duty and Over-stay of leave:

1.5.1 Absence from duty:

Unauthorised absence from duty is a misconduct. Employees covered by the payment of Wages Act shall further be liable for reduction of salary for unauthorized days of absence as prescribed under the law.

1.5.2 Over-Stay of leave

Over-stay of leave means remaining absent from duty without permission beyond the leave sanctioned. Over-stay of leave shall be dealt with in the same manner as absence from duty.

1.6 Casual Leave:

i) Non-Executives:

10 days in a calendar year

ii) Executives:

12 days in a calendar year

iii) Jr. Officers:

12 days in a calendar year

Note: Employees joining after the first day of January shall be eligible for proportionate number of days of casual leave for remaining part of the calendar year.

1.7 Earned Leave:

i) Non-Executives:

Earned Leave shall be (26) * days in a Calendar Year. In respect of the availment of the leave the relevant Provision of Factories Act, 1948 shall be applicable. The leave shall be credited to leave account at the end of Calendar year.

Note: 1. Employees joining after the first day of January shall be eligible for proportionate number of days of Earned Leave @ 1/20th period of service for the remaining part of the calendar year.

**2. In terms of the Factories Act,1948, holidays occurring during the leave, applied by the Non-executives, shall not be counted as leave. In case of Executives & r. Officers the above rule shall not apply.

3. Please refer Circular No.SI/Pers/334/90 dated 24.10.1990 regarding reckoning 240 days of physical attendance for calculation of Earned Leave.

ii) Executives:

An employee shall be entitled to earned leave at the rate of 30 days for every completed year of service or 2 1/2 days per month of service or part thereof and it shall be credited to leave account at the end of the calendar year.

· Amended as per the Memorandum of Settlement (of Non-Executives Wage Revision) signed on 28.8.2003.

** Incorporated vide Circular No.SI/Pers/GAD/040/2512/83, dated 20.07.1983

1.7.1 @ Frequency of availing Earned Leave:

@ (a) The number of times in which Earned Leave may be taken during a calendar year shall not exceed three (3)

(b) In cases where special circumstances exist, the Managing Director at his discretion permit employees to avail themselves of Earned Leave upto 4 (four) times in a calendar year.

1.7.2 ** An employee shall cease to earned leave when the earned leave at credit and accumulated leaves upto 240 days.

1.7.3 The maximum earned leave that can be granted at a time to an employee shall be 120 days. If the leave is applied for on medical grounds supported by a Medical Certificate or for prosecution of higher studies, earned leave upto 180 days may be granted at a time.

1.7.4 @@ Applications should be submitted 15 days in advance for grant of Earned Leave.

1.7.5 @@@ An employee who fall sick and apply for EL/CL/CCL shall be granted leave without producing a medical certificate upto 3 days.

1.8 HALF PAY LEAVE:

i) Non-Executives:

20 days Half Pay Leave for every completed year of service.

ii) Executives:

20 days of Half-Pay leave for every completed calendar year of service.

Note: For availing HPL procedure as per Circular dated 28/6/1988 to be followed.

@ Incorporated as clarification/admn.decision vide circular No.SI/Pers/GAD/040/2512/83, dated 20/7/1983

* Amended vide circular No.SI/Pers/IR/40/466/86, Dt.6/5/1986

** Amended vide circular No.SI/Pers/Admn/40/2269/87, Dt.30/7/87

@@ & @@@ Incorporated as clarification/admn.decision vide circular No.SI/Pers/GAD 2512/83, dated 20/7/83.

*** Amended as per the Memorandum of Settlement (ofg Non-Executive Wage Revision) signed on 22/8/1990.

1.8.1 An employee may be granted half pay leave in proportion to the service rendered during the first calendar year of service.

1.8.2 An employee shall be entitled to half pay leave either on medical certificate or for private affairs.

1.9 Commuted Leave

1.9.1 An employee shall be entitled to commute leave not exceeding half of the amount of half pay leave due on medical certificate only.

1.9.2 (a) Commuted leave during the entire service of an employee shall be limited to 240 days.

(b) The total duration of earned leave and commuted leave taken in conjection shall not exceed 240 days.

1.9.3 Twice the amount of commuted leave availed shall be debited against the half pay leave due to the employees.

1.9.4 The leave shall be granted only if the Sanctioning Authority has reasons to believe that the employee will return to duty after expiry of leave.

1.9.5 An employee shall be entitled to commuted leave not exceeding half of the amount of half pay leave, due on medical certificate only.

1.9.6 Employees who proceed on CL/CCL/and extend the leave due to illness, the entire period shall be treated as “ Sick Leave”.

1.10 EXTRA-ORDINARY LEAVE ON LOSS OF PAY

1.10.1 An employee shall be eligible for extra-ordinary leave without pay when no other leave is admissible to him or when other leave is admissible, the employee applies in writing for grant of extra ordinary leave.

· Amended vide circular No.SI/Pers/IR/40/111/85 Dt.6/6/1985

** & *** Incorporated as clarification/admn.decision vided circular No.SI/Pers/GAD/040/2512/83, Dt.20/7/1983.

1.10.2 An employee shall be entitled to extra-ordinary leave for a period of three months only on one occasion. However, in special circumstances, extra-ordinary leave without pay may be granted upto the following limits :

(a) On Medical Certificate from an authorized medical attendant, an employee shall be entitled to six months extra-ordinary leave.

(b) An employee who has completed one year of service, shall be entitled to 18 months extraordinary leave in case he is undergoing treatment from Tuberculosis or Leprosy in a recognised medical institution or by a recognised specialist.

(c) Extraordinary leave without pay shall be admissible upto 36 months in exceptional cases where it is certified by an authorized medical attendant that it is necessary for the treatment of leprosy or tuberculosis.

1.11 SPECIAL CASUAL LEAVE

1.11.1 An employee shall be eligible for special casual leave to cover the period of absence during which he is unable to attend duties in special circumstances which are not purely personal or domestic reasons as specified in rule 1.11.2.

1.11.2 The entitlement of special casual leave shall be as under:

(a) Civil disturbance or curfew.

For the period of such civil disturbance or curfew during which an employee is unable to attend his duties, as certified by the Competent Authority.

(b) Participating in sports/games

Upto 30 days in a calendar year and upto 60 days in exceptional cases, at the discretion of the sanctioning authority.

One day for each occasion but not exceeding four days in calendar year on medical certificate.

(d) Family Planning

i) Vasectomy operation - as certified by an authorized medical attendant but not exceeding six working days.

i) a) Not exceeding six working days in case of Vasectomy Operation for the second time on production of certificate from the Medical Authority concerned that the second operation was performed due to the failure of the first operation.

ii) Non-puerperal sterilization operation for female employees, as certified by an authorized medical attendant but not exceeding 14 days. Male employees whose wives undergo non-puerperal sterilization operation may be allowed upto seven days special casual leave if the authorized medical attendant performing the operation, certifies that the presence of the employee for the period of leave is necessary to look after the wife during convalescence after the operation.

(e) IUCD insertion : One day

(a) Training in territorial army.

For the period spent on training in a training camp under the Indian Territorial Army including period of transit.

· Amended vide circular No.SI/Pers/IR/2252/90, Dt. 24/10/1990

(b) Floods

1.12 LEAVE NOT DUE

1.12.1 Leave not due may be granted to an employee at the discretion of the Sanctioning Authority as advance of half pay leave, when there is no earned leave or half pay leave at the credit of the employee.

1.12.2 The leave shall be granted only if the Sanctioning Authority is satisfied that the employee will return to duty on expiry of leave and should be limited to half the amount of half pay leave the employee is likely to earn, or 30 days, whichever is less.

1.12.3 The leave shall be debited against half pay leave earned subsequently by the employee.

1.12.4 Where an employee who has been granted leave not due voluntarily retires, resigns, or whose services are terminated for reasons other than medical unfitness or abolition of post, before resuming duty, the leave not due shall be cancelled, and the date of voluntary retirement, resignation or termination shall have effect from the date leave not due commenced. Such an employee shall be required to refuse the leave salary paid towards leave not due.

· Amended vide circular No.SI/Pers/IR/40/111/85, Dt.6/6/1985

1.13 QUARANTINE LEAVE:

1.13.1 An employee shall be eligible for quarantine leave if a member of his household (not necessarily belonging to his family) is suffering from any infectious disease ((Cholera, Small Pox, Plague, Diphtheria, Typhus fever and cerebrospinal meningitis) on a certificate from an authorized medical attendant. In case of chicken pox the leave shall be admissible if the authorized medical attendant recommends the leave because of doubts that the disease may be small pox.

1.13.2 An employee shall not be eligible for quarantine leave if he himself is suffering from any of the infections disease.

1.13.3 This leave shall also be admissible on medical certificate, if any employee applies from a place other than the headquarters where he has gone with due permission.

1.13.4 The quarantine leave shall be limited to 21 days (in special circumstances 30 days) at a time, for a particular disease.

1.14 Maternity Leave:

1.14.1 A female employee whether permanent, temporary or a trainee shall be eligible for maternity leave to cover a period of confinement, miscarriage or abortion.

1.14.2 (a) The entitlement shall be 90 days from the date of commencement of leave.

(b) In case of miscarriage or abortion, the entitlement of leave shall be 45 days from the date of miscarriage or abortion. No employee shall be eligible for more than 270 days leave during her entire service.

1.14.3 The leave shall be granted on a certificate from an authorized medical attendant.

1.15 Leave for Prosecuting Higher Studies:

1.15.1 (a) Such categories of employees as may be separately prescribed, shall be eligible for grant of leave for prosecuting higher studies, if they have completed two years of service in the grade, and five years of service in the Company.

(b) Those who are on probation, or on bond or are temporary, or who are expected to separate from the Company, within seven years shall not be eligible for the leave.

(c) Those who are trained outside India at the cost of the Company, shall be eligible for the leave only on completion of five years’ service after training.

1.15.2 The entitlement of this leave shall be limited to 24 months, which shall consist of earned leave and half pay leave to the extent due, and the rest of the period as extra-ordinary leave.

1.15.3 The leave shall be granted only if the higher studies proposed by the employee are considered useful to the Company.

1.15.4 An employee shall before proceeding on leave, execute a bond to serve the company for not less than three years after returning from the leave. Failing to serve the Company for the above period the employee shall be liable to pay the Company an amount as under:

Those drawing monthly pay upto Rs.1,000/- .. Rs.5,000/-

Those drawing monthly pay above Rs.1,000/- Rs.10,000/-

1.15.5 An employee shall, after completion of the leave, submit a report of the study/training indicating the area of his study/training useful to the Company.

Note: Rules for grant of study leave should be strictly adhered to and no relaxation should be made. Any relaxation/recommendation should not be as a matter of routine and only really deserving cases may be sent to the Managing Director well in advance for approval.

1.16 Special Disability Leave:

An employee who is temporarily disabled by injury of illness caused in course of, or in consequence of the due performance of his official duties, may be granted special disability leave, on certificates from an authorized medical attendant.

1.16.2 An employee shall not be eligible for the leave unless the disability manifests itself within three months of the occurrence to which it is attributed.

1.16.3 (a) The entitlement for the leave shall be as certified by the authorized medical attendant or 24 months whichever is less for one disability.

(b) Subject to this limit, the leave may be granted in one or more spells for anyone disability.

NOTE: A personal injury caused to an employee by an accident in a public street or in a public place does not of its own arise in the course of his employment and in such circumstances he has to be treated as a traveler on a public road sharing a common risk to which the traveling public is exposed to on a public street. Accordingly special disability leave may not be granted to an employee who sustains personal injury in the course of travel by own conveyance on a public road while coming or returning from duty.

1.17 Leave on Retirement or Final Cessation of Duties:

1.17.1 An employee who retires from the services of the Company on attaining the age of Superannuation (60 years) shall be entitled to encash Earned Leave only at his credit as on the date of superannuation.

1.17.2 This benefit would be limited to encashment of Earned Leave only and not of half pay leave and further the encashment should be availed by the employee on attaining the age of superannuation and this shall not be carried forward to the period of extension, if any.

1.18 Leave Salary:

1.18.1 Earned Leave and Commuted Leave; pay to which the employee is entitled immediately before the commencement of leave except officiating/action allowance in short term or casual vacancies.

1.18.2 Special casual leave, quarantine leave and maternity leave: Full pay as on duty.

1.18.3 Special disability leave: As in earned Leave during first four months, as in half pay leave thereafter.

1.18.4 Half pay leave and leave not due:

(a) Half pay to which the employee is entitled immediately before commencement of leave.

(b) Dearness Allowance shall be corresponding to the drawn as per (a)

1.18.5 Extra-ordinary Leave: No leave salary.

********

RULES FOR ENCASHMENT OF LEAVE

1. OBJECTIVE

To have codified rules for encashment of leave with a vie to encourage employees to avail leave in a planned and systematic manner with necessary funds to meet their social obligations and other expenditure during leave period and also to reduce long absentee’sm with consequent load on the staff requirements.

2. SCOPE

The rules for encashment of leave shall cover all regular employees of the Company, excluding those on deputation from Government / other organization and Company employees on deputation to others.

3. POLICY

Encashment of leave will enable employees to meet part of the expenses of travel and holiday out of their accumulated leave.

4. SANCTIONING AUTHORITY

The authorities ho are competent to sanction leave shall be the Sanctioning Authority “ for approving encashment of leave under these rules.

5. ENCASHMENT BENEFITS

5.1 The encashment of leave shall be regulated on the basis of last pay drawn which includes basic pay, dearness allowance and personal pay, if any but shall not include incentive bonus, acting / officiating allowance and other allowances . Deductions on account of provident fund subscription, re-payment of advance shall not be made from the amount of encashment.

5.2 The encashment benefit shall not be reckoned as wage/salary while working out overtime, gratuity, provident fund, bonus under the Bonus Act.e4tc.

6. ELIGIBILITY

6.1 While in Service

A-i) Executives & Jr. Officers

A minimum ;regular leave of seven days will have to be taken by an executive for availing encashment of leave under the scheme.

A – ii) Amended no EL shall be availed for this purpose (Circular SI/PERS/IR/21621/965/86 dt. 6.5. 1986.

A – iii) NON-- EXECUTIVES

Non-Executives shall be allowed encashment of leave once in every calender year at 50% of leave to their credit without their having to avail leave.

B) Earned leave standing to the credit of an employee may be encashed at his option only once4 in a calender year provide that the quantum of leave to be encashed in each case is not more than 50% of the earned leave at credit or 30 days earned leave whichever is less. The leave so encashed shall be debited to the earned leave Account.

6.3 ON DISMISSAL OR REMOVAL :

The encashment of leave will not be admissible on dismissal or removal from service of an employee. In case of termination an employee will be eligible for encashment of earned leave as per rules above.

6.4 ON RETRENCHMENT:

If any leave due to an employee is not utilised, he shall be allowed to encash the unavailed portion of the earned leave

6.5 ON DEATH

Leave salary in respect of earned leave standing to his credit shall be paid to the legal heir (s) of the employee.

6.6 ON PREMATURE RETIREMENT

If any leave due to an employee is not utilised, he shall be allowed to encash the unavailed portion of the earned leave

6.7 ON RESIGNATION

If any leave due to an employee is not utilised, he shall be allowed to encash the unavailed portion of the earned leave

7. PROCEDURE

For leave encashment under rule 6.1 while in service , an employee shall be required to apply in writing to the sanctioning authority. In all other cases shall be settled by appropriate authority.

8. TENURE

These rules shall come into force with effect from April ,1,1982

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