Special leave under Rule 48 of the CCS (Leave) Rules, 1972 is designed to protect and support female government employees who are involved in an inquiry related to sexual harassment at the workplace.
1. Eligibility
- Applicable only to female government servants.
- Leave can be granted during the pendency of inquiry under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
- Leave is granted on the recommendation of either:
- The Internal Committee (IC) of the concerned department, or
- The Local Committee (LC), as applicable.
2. Duration of Leave
- Maximum period: 90 days.
- The leave can be continuous or intermittent, depending on the requirement of the inquiry and recommendations of the IC/LC.
3. Leave Account Treatment
- Leave granted under this rule is special and does not get debited against the employee’s Earned Leave (EL), Half Pay Leave (HPL), or any other leave account.
- This ensures that the employee’s normal leave balance remains unaffected.
4. Key Points to Remember
- The leave is specifically for female employees who are aggrieved by sexual harassment.
- The Internal or Local Committee’s recommendation is mandatory.
- It does not reduce the employee’s leave balance.
- The maximum entitlement is 90 days during the inquiry period.
5. Illustrative Example
|
Scenario
|
Employee
|
Reason
|
Leave Granted
|
Leave Account Impact
|
|
Ms. X, Deputy Officer
|
Aggrieved female employee
|
Sexual harassment inquiry under POSH Act
|
60 days leave recommended by IC
|
Not debited from EL/HPL
|
|
Ms. Y, Section Officer
|
Aggrieved female employee
|
Inquiry pending at Local Committee
|
90 days leave
|
Leave balance unaffected
|
6. Legal Reference
- DOPT Notification No. 13026/2/2016-Estt.(L), dated 15.03.2017
- Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
