Earned Leave Rules for Government Employees in Vacation Departments

Government employees working in Vacation Departments (for example, teachers in schools, colleges, and other institutions where long vacations are given) have a unique leave structure. Unlike their counterparts in other departments, their entitlement to earned leave depends on how much of the vacation they actually avail.

Rule 28 of the CCS (Leave) Rules 1972 (as amended in 2018) lays down these provisions. Let’s break it down in simple and clear terms.

1. Basic Credit of Earned Leave

• Every government servant in a vacation department (other than military officers) gets 10 days of earned leave per year.
• This is credited in advance in two parts:
  • 5 days on 1st January
  • 5 days on 1st July

👉 Example: A school teacher’s leave account will automatically be credited with 5 days on New Year’s Day and another 5 days on the first of July.

2. Additional Leave for Unavailed Vacation

If the employee does not take the full vacation in a year, they get additional earned leave.

• Formula: 20 days × (Vacation not taken ÷ Full vacation length)
• But in any case, the total earned leave in a year cannot exceed 30 days.

👉 Example: If the full summer vacation is 40 days but a teacher works for 10 days on special duty, they did not avail 10 out of 40 days (¼th of vacation). They are entitled to ¼th of 20 days = 5 days extra earned leave. Their total for that year becomes 10 (normal) + 5 (extra) = 15 days.

👉 Another Example: If the teacher does not take any vacation at all, then they can earn the full 20 days extra, making a total of 30 days earned leave in that year.

3. No Vacation Availed – Rule 26 Applies

If an employee does not avail any vacation in a year, the normal rules of earned leave (Rule 26) apply.

• That means 30 days of earned leave per year credited in two instalments of 15 days each.

4. What Does “Year” Mean Here?

• In this rule, a “year” means 12 months of actual duty in a vacation department.
• It does not simply mean the calendar year.

👉 Example: If a teacher joins a school in August 2023, their “year” will run from August 2023 to July 2024.

5. Important Notes in the Rule

Note 1 – Counting of Vacation

• An employee is considered to have taken vacation unless a higher authority has officially ordered them to forgo it.
• If an employee is prevented from taking more than 15 days of the vacation, it is considered as if they took no vacation at all.

👉 Example: If summer vacation is 40 days but a principal is ordered to work for 20 days, then it is treated as though the principal did not take any vacation that year.

Note 2 – When Going on Leave Before Completing a Year

• If an employee proceeds on leave before completing a full year of duty, their earned leave will be calculated based on the vacation that falls during the next duty cycle (12 months from the date the previous duty year was completed).

6. Combining Vacation with Other Leave

• Vacation can be combined with or taken in continuation of other kinds of leave (like earned leave, half-pay leave, etc.).
• But the total leave (vacation + earned leave + other leave) cannot exceed the maximum limit under Rule 26.
  • 180 days at a time in India
  • Up to 300 days if the leave is spent abroad (with certain country exceptions like Nepal, Bhutan, Bangladesh, Burma, Pakistan, and Sri Lanka).

7. Carry Forward of Earned Leave

• Any earned leave left unused is carried forward to the next half-year.
• The total cannot cross the ceiling of 300 days.

👉 Example: If a teacher has 295 days of earned leave by December, only 5 more days can be credited in January, since the maximum limit is 300 days.

8. Credit of Joining Time

Employees in vacation departments are also entitled to credit of unavailed joining time.

• If they do not use the full period allowed for joining a new post, the leftover days (up to 15 days) are converted into earned leave.
• Again, the total balance cannot exceed 300 days.

Key Takeaways

• Normal entitlement: 10 days earned leave per year.
• Extra leave possible: Up to 20 days more, depending on how much vacation is not taken.
• Maximum per year: 30 days.
• Maximum in service: 300 days.
• Vacation can be combined with other leave but within prescribed limits.
• Unused joining time is also credited as earned leave.

Why This Rule Matters

This system ensures fairness:

• Employees who enjoy long vacations get a smaller earned leave balance.
• Those who sacrifice vacation for duty get compensated with extra earned leave.
• It balances rest, duty, and accountability in service.