Leave Not Due under CCS Leave Rules: A Detailed Guide

Life is unpredictable. Sometimes, a government servant faces a medical emergency just when their leave account is empty—no earned leave, no half pay leave left. What happens then? Do they suffer without pay, or risk their job?

The Central Civil Services (Leave) Rules 1972 have an answer: Leave Not Due .

Leave Not Due is like a loan of leave. The government allows the employee to take half pay leave in advance, even if they haven’t earned it yet. Later, as the employee continues in service and earns half pay leave, the borrowed days are adjusted.

This makes Leave Not Due a compassionate safeguard—helping employees in genuine distress.

1. What is Leave Not Due ?

• Leave Not Due = Half Pay Leave borrowed in advance.
• It creates a negative balance in the employee’s leave account.
• Whenever the employee earns half pay leave in the future, it is adjusted against the Leave Not Due already taken.

👉 Simple Analogy: Just like banks let you borrow money and repay from future salary, the government lets you borrow leave and repay from future leave earnings.

2. Who is Eligible for Leave Not Due?

(a) Permanent or Quasi-Permanent Employees

These employees can avail Leave Not Due if:

1. They produce a medical certificate.
2. The sanctioning authority is convinced they are likely to return to duty after recovery.
3. The leave is limited to what they are likely to earn in future.

🔹 Maximum: 360 days during the entire service.

(b) Temporary Employees (Special Medical Grounds)

Normally, temporary employees cannot avail Leave Not Due. But for certain serious illnesses, exceptions exist.

Eligible Diseases:

• Tuberculosis (TB)
• Leprosy
• Cancer
• Mental Illness

Additional Conditions:

1. At least 1 year of service completed.
2. Their post is expected to continue until their return.
3. A valid medical certificate is submitted.

👉 Example: A temporary clerk with 2 years of service is diagnosed with TB. Since her post is secure and she produces a doctor’s certificate, she can be sanctioned Leave Not Due for treatment.

3. What Happens If the Employee Leaves Service?

Here’s where things get serious. Since Leave Not Due  is a loan of leave, if an employee leaves before repaying (earning back HPL), the rules demand recovery of salary.

(a) Resignation or Voluntary Retirement without returning to duty

• The Leave Not Due is cancelled.
• The resignation is treated as if it began on the first day of Leave Not Due.
• The employee must refund the entire leave salary.

👉 Case: Mr. A takes 30 days Leave Not Due, then resigns without rejoining. His resignation date is shifted to the first day of leave, and his full Leave Not Due salary is recovered.

(b) Resignation or Voluntary Retirement after returning but before earning enough HPL

• Employee must refund salary for the unearned portion of Leave Not Due.

👉 Case: Ms. B takes 90 days LND. She returns to work but resigns after earning only 40 days HPL. She must refund salary for the remaining 50 days.

(c) Exceptions – No Recovery in Some Cases

Recovery is waived if:

1. Employee retires due to ill-health.
2. Employee dies while in service.
3. Employee is compulsorily retired prematurely under:
   • CCS (Pension) Rules, 1972, Rule 48(1)(b), or
   • Fundamental Rules 56(j) / 56(l).

👉 Case: Mr. C takes Leave Not Due but unfortunately passes away during service. No recovery is made from his family.

4. Limits on Leave Not Due

• Maximum: 360 days in entire service.
• Cannot be used as Leave Preparatory to Retirement (LPR).

5. Illustrative Examples

Let’s make the rules vivid with stories:

📌 Example 1 – Surgery and Recovery

Mr. X, a permanent government servant, suddenly needs 2 months of medical leave for a heart procedure. His leave balance is zero. He applies for 60 days of Leave Not Due.

• The authority is satisfied he will return.
• Leave is sanctioned.
• Over time, his future half pay leave is reduced by 60 days.

📌 Example 2 – Temporary Employee with Cancer

Ms. Y, a temporary teacher with 3 years of service, is diagnosed with cancer. She needs extended treatment leave.

• She applies for Leave Not Due with medical proof.
• Since she has 1+ years of service, her post is continuing, and her illness falls under exceptions, she is granted 90 days Leave Not Due.

📌 Example 3 – Employee Resigns Without Returning

Mr. Z avails 40 days Leave Not Due for personal health issues but decides not to rejoin duty.

• His resignation is treated as effective from day 1 of his leave.
• His leave salary is fully recovered.

6. Key Takeaways

• Leave Not Due = Advance Half Pay Leave.
• Available to:
  • Permanent/quasi-permanent employees (on medical grounds).
  • Temporary employees (for TB, Leprosy, Cancer, Mental illness).
• Maximum limit = 360 days during entire service.
• Requires a medical certificate and authority’s approval.
• Salary recovery applies if employee resigns or retires before earning back leave.
• No recovery in case of death, ill-health retirement, or compulsory premature retirement.

📌 In Simple Words

Leave Not Due is a safety net in government service. It ensures that employees facing critical health challenges don’t lose financial stability just because they ran out of leave. It’s the system’s way of saying: “Your well-being matters more than the rules.”