Leave rules

(As per Bye-Law 3.1.9) (Until the common Leave Rules of the merged C-DAC comes into effect, C-DAC Mumbai follows the Leave Rules of formerly NCST)

1. Sanction & Refusal:

Leave cannot be claimed as of right. When the exigencies of C-DAC, Mumbai so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant leave.

2. Authority empowered to grant leave:

Applications for leave shall be addressed to the Council by the Director and to the Director by other members of the staff. Leave may be sanctioned by the Director or by a member of the staff to whom the power has been delegated by the Director. The Council may sanction leave to the Director, but the Director can avail himself of casual leave on his own authority.

3. Casual Leave:

Resolved R3/05/98:
RESOLVED to approve amendment of Clause (3) of Leave Rules of C-DAC, Mumbai dealing with Casual Leave as under:
8 days casual leave will be admissible to the members of the staff in a calendar year with the condition that not more than 5 days may be allowed at any one time. Sundays and holidays which are prefixed or suffixed or intervene in a period of Casual Leave are not to be treated as part of Casual Leave.

4. Special Casual Leave:

This leave will be granted to the members of the staff for the following reasons:

1. Training as a member of St. John Ambulance Brigade to the extent not covered by ordinary casual leave due, can be combined with ordinary casual leave.
2. Stay in campus of urban units of the Territorial Army; can be combined with regular leave.
3. Participation in Republic Day parades and rehearsals connected therewith as members of St. John Ambulance Brigade.
4. Attending Courts of Law as Jurors or Assessors; can be combined with ordinary casual leave.
5. Undergoing sterilisation operations (Vasectomy or Sapingectomy) under the Family Planning Scheme. Admissible for period not exceeding six working days. Can be combined with ordinary casual leave.
6. Inability to come to work due to civil disturbances, curfew or strikes. Can be combined with ordinary casual leave.
7. Special circumstances to be recorded in writing by the Director, necessitating the grant of special casual leave; the power to grant this leave shall not normally be delegated.

5. Earned Leave:

The leave account of the staff shall be credited with earned leave in advance, in two instalments of 15 days each on the 1st day of January and July of every calendar year. The maximum earned leave that can be at the credit of the members would not exceed 300 days. In case of new appointment earned leave shall be credited to his leave account at the rate of 2.5 days for each completed calendar month which he is likely to render in a half year of the calendar year in which he is appointed. In case of an employee who is due to retire or who resigns from the service, the credit of the earned leave at the rate of 2.5 days per completed calendar month up to the date of retirement or resignation would be given to him. In case of dismissal, removal or death of an employee, credit of earned leave would be given at the rate of 2.5 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is dismissed, removed or dies. If any employee has availed of extraordinary leave or some period of his absence has been treated as unauthorised, 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 authorised absence. While affording credit of leave, fractions of a day shall be rounded of to the nearest day.

6. Quarantine Leave:

Quarantine Leave on full pay on medical certificate up to 21 days at a time, extendable to 30 days in exceptional circumstances, may be granted to an employee who is required not to attend office in consequence of the presence of an infectious disease in his family or household. Such leave is not admissible to an employee if he himself is the victim of an infectious disease. This leave shall not be debited to the leave account.

7. Half Pay Leave:

1. The half pay leave admissible shall not ordinarily exceed one month for every completed year of service.
2. The Half pay leave due may be granted on medical certificate or for private affairs.
3. The member granted leave on medical certificate shall not return to duty unless his fitness certificate is obtained.

8. Commuted Leave:

Commuted Leave, not exceeding half the amount of half pay leave due may be granted to members to staff, subject to the following conditions:

1. Commuted Leave may be granted to a staff member medically certified to be unable to attend to work, or to be in need of convalescence.
2. When commuted leave is granted, twice the amount of such leave shall be debited against the half pay leave.
3. Half pay leave up to a maximum of 180 days will be allowed to be commuted during the entire service, without the production of medical certificate if such leave is utilized for an approved course of study certified to be in the interest of C-DAC, Mumbai.
4. Commuted leave will not normally be granted for periods less than 3 days.(Ammended in the 16th Council Meeting held on 9.3.94, R3 Resolution R3/03/94)

9. Leave Not Due:

Leave not due may be granted by the Director, or by a member of the staff to whom the power has been delegated by the Director, to a member of the staff for as period not exceeding 360 days during his entire service, out of which not more than 90 days at a time and 180 days in all may be otherwise than on medical certificate. Such leave will be debited against the half pay leave the member of the staff may earn subsequently.
Note 1: Leave not due should be granted only if the authority empowered to sanction leave is satisfied that there is a reasonable prospect of the member of the staff returning to work on the expiry of the leave and it should be limited to the half pay leave he is likely to earn thereafter.
Note 2: Where a member of the staff, who has been granted leave not due under this Rule, applies for permission to resign, permission may be granted if

1. leave not due remaining to his credit is cancelled and
2. Salary for the period of leave not due, which has been granted otherwise than on medical certificate, already enjoyed by the member, shall become refundable to the C-DAC, Mumbai and may be deducted by the C-DAC, Mumbai while arriving at the final settlement of his account.

10. Extraordinary Leave:

A member of the staff who does not have sufficient leave to his credit may be granted extraordinary leave without pay at the discretion of the Director or a member of the staff to whom the power has been delegated by the Director.

11.

Resolution R4/05/98:
RESOLVED to approve amendment of Clause (11) of C-DAC, Mumbai Leave Rules dealing with Maternity Leave as under:
Clause: 11(a) Maternity Leave:
Maternity leave may be granted to a female employee for a period of 135 days from its commencement. During this leave the employee would draw leave salary equal to the pay drawn immediately before proceeding on leave. Maternity Leave may also be granted for a period of 42 days on production of medical certificate in cases of miscarriage and abortion (including induced abortion). Maternity leave may be granted in combination with any leave of any other kind. Commuted leave for 60 days can also be granted in conjunction with maternity leave without production of a medical certificate. Leave in continuation pf the above leave can also be granted, on production of a medical certificate, to a female employee either for her illness or the illness of the newly born baby when the condition of the ailing baby warrants mother's personal attention and her attendance by the baby's side is absolutely necessary. The Maternity Leave shall not be debited to the Leave account.
Resolution R5/05/98:
RESOLVED to approve to add a new clause, Clause 11 (b) dealing with Paternity Leave to the Leave Rules of C-DAC, Mumbai as given below:
Clause: 11(b) Paternity Leave:
A male C-DAC, Mumbai staff member with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity Leave). It may not normally be refused.

12. Hospital Leave:

Employees with a basic pay not exceeding Rs. 750/- per month employed in laboratories, workshops, etc. whose duties expose them to special risks of accident or illness through handling explosives, poisonous or radioactive material, dangerous machinery, etc. or despatch riders and motor drivers if the injuries received by them are not attributable solely due to their negligence or rashness in driving may be granted hospital leave while under medical treatment of injury if such illness or injury is directly due to risks incurred in the course of their duties. Hospital leave will be granted on production of a medical certificate from a medical officer duly authorised by the C-DAC, Mumbai and for such period as the leave sanctioning authority may consider necessary.
The leave salary would be

1. equal to leave salary while on earned leave for the first 120 days.
2. equal to leave salary during half pay leave, for the remaining period of such leave.

Hospital leave is not debited to leave account and can be combined with any other kind of leave which may be admissible provided the total period of leave after such combination does not exceed 28 months.

13. Special Disability Leave:

1. Subject to the condition hereinafter specified, the Director, or a member of the staff to whom the power has been delegated by the Director, may grant special disability leave to a member of the staff, who is disabled by injury accidentally or intentionally inflicted, or caused in, or in consequence of, the due performance of his official duties or in consequence of his official position, or who is disabled by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attached to the post which he holds and such illness is certified by the duly authorized Doctor.
2. Such leave shall not be granted unless the disability manifests itself within three months of the occurrence to which it is attributed and the person disabled acts with due promptitude in bringing it to notice. But the Director, if he is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifests itself more than three months after the occurrence of its cause.
3. The period of leave granted shall be such as is certified to be necessary by the Doctor. It shall not be extended except on the certificate of such a Doctor and shall in no case exceed 24 months.
4. Such leave may be combined with leave of any other kind.
5. Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
6. Such leave shall be counted as duty and shall not be debited against the leave account.
7. Leave salary during such leave shall be equal to (a) full pay for the first four months (including such leave granted under (v) above) and (b) half pay for the remaining period or, at the member's option, full pay for a period not exceeding the period of leave on full pay which would otherwise be admissible to him.

14. Special Study Leave:

Where a member of the staff applies for study leave to prosecute further study in an institution abroad, which is not considered to serve any interest of C-DAC, Mumbai, the leave applied for shall be refused.
Where a member of the staff so applied and it is considered that the study or training has a direct bearing on subjects with which C-DAC, Mumbai is concerned and the study or training will, as a consequence, serve the interest of the C-DAC, Mumbai. Although not to the extent of placing him on deputation, the member can be granted special leave under the following terms and conditions.

1. The member will ordinarily have to pay for his own travel.
2. Special leave will not be debited to the leave account of the member and will count as service for increments.
3. The leave salary during special leave will be equal to half pay subject to a minimum of Rs.500/- provided that it will not exceed the full pay in any case. In addition, the member will be entitled to draw dearness pay and be eligible for house rent and city compensatory allowance provided his dependents continue to stay in Bombay.
4. The total period of the leave so sanctioned should not normally exceed twelve months and in no case two years in the entire period of service, except when a member is working for a doctorate or a similar qualification, in which case the period of special leave may be extended to the minimum period required for acquiring the qualification but not exceeding four years. Special leave in excess of twelve months may be granted only if the member has rendered more than three years' continuous service. This condition may be relaxed in special circumstances and a shorter period, in no case less than two years, may be accepted as minimum qualifying service.
5. Special leave can be taken in combination with earned leave.
6. A bond shall be taken from the employee binding him to serve C-DAC, Mumbai after the completion of the study or training abroad for a period equal to four times the period of his absence subject to a minimum of two years and a maximum of five years.

15. Extraordinary Study Leave:

When a member of the staff applies for a leave to prosecute further study or to take up an assignment, in an institution abroad, and it is considered that such study or assignment will serve the interests of C-DAC, Mumbai, although not to the extent of granting him special study leave, he may be granted extraordinary study leave without pay for periods of a year at a time, subject to the total period of leave not exceeding five years. The leave so availed of may be allowed to count for increments at the discretion of the Director, or an authority to whom the power has been delegated by the Director, provided that the member has put in at least three years' service in C-DAC, Mumbai at the time of proceeding on such leave.

16. Sabbatical Leave:

The Sabbatical Leave may be granted to Technical Staff in designated grades (currently, Technical Staff grades starting at a basic salary of Rs.1500/- or more) for academic or R & D pursuits for a period not exceeding one year once in 6 years. Counting for this purpose will start from the date the member is appointed to a designated grade. Sabbatical Leave for purpose other than those stated specified above may also be given but with the approval of the Governing Council.

Miscellaneous:

If any question arises which is not covered by these rules, the decision of the council shall be final in all cases.