Leave Rules for Teaching and Non-teaching Staff- December 19, 2018

Leave Rules for Teaching and Non-teaching Staff

 December 19, 2018

Leave Rules for Teaching and Non-teaching Staff of Secondary School

Leave Rules for Teaching and Non-teaching Staff of Secondary School, details of Casual Leave (CL), Leave on half average pay, Leave on Medical ground, Special Leave in exceptional circumstances, Compensatory Leave, Extraordinary Leave, Maternity Leave and Quarantine Leave. Notification, Amendments and Appendix regarding the Leave Rules, get this PDF. 

Government of West Bengal

Education Department, Secondary Branch

No. 1541-Edn (S) /21-2/77   Dated 15.12.1977

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Notification regarding Leave Rules

In exercise of the power conferred by Sub-section (1), and in particular (বিশেষ) by clause (d) of sub-section (2), of section 45 of the West Bengal Board of Secondary Education Act 1963 (West Bengal Act V of 1963), the Governor (গভর্নর) is pleased hereby to make, after previous publication (প্রকাশনা) as required by sub-section (1) of the said section, the following amendments in the Management (ব্যবস্থাপনা) of Recognized Non-Government Institutions (Aided and Unaided) Rules, 1969 (hereinafter referred to as the said rules):

AMENDMENTS

In the said rules,

(a) after clause (i) of Sub-rule (9) of rule  (বিধি) 28, add the following note, namely :

APPENDIX

(Vide Note below (ধারা) clause (i) of (উপ-বিধি) sub-rule (9) of rule 28)

Rules for the grant of Leave to the Teaching and the Non-teaching staff of recognized non-government (বেসরকারী) Secondary Schools other than Sponsored Schools or any other Schools or Class of School as the State Government may specify.

  1. (a) ‘Leave’ means, except in the case of Casual Leave(নৈমিত্তিক ছুটি), absence from duty attached to the tenure of the post. There may be the following kinds of Leave admissible to a Teacher or a Non-teaching staff of an institution:

(i) Casual Leave

(ii) Leave on half average pay

(iii) Leave on medical grounds

(iv) Special Leave in exceptional circumstance

(v) Compensatory Leave

(vi) Extraordinary Leave

(vii) Maternity Leave

(viii) Quarantine Leave

 

Note: (a) No leave can be claimed as a matter of right

(b) Absence of a Teacher attending duties as Juror in a Law Court (নিম্ন আদালত) or Head Examiners’ Meeting of the Board or having an interview with the Board, if called for by the Board, or if required, to join a seminar organized or sponsored by the All India Council, State Government or by the Board, shall be treated as on duty.

(c) ‘Medical Certificate‘ (চিকিৎসার শংসাপত্র) means a certificate granted by a Registered Medical Practitioner in the following form —

“I …………………. after careful personal examination  (পরীক্ষা) of the case certify that … ………………………. . whose

signature is given above is suffering from … ………………………. and I consider that a period of absence (অনুপস্থিতি) from duty of … …………. … is absolutely necessary for the restoration of his or her health.”

Date: … …… … Government (সরকারী) Medical Officer or Registered Medical Practitioner.

Leave Rule of Secondary School Teaching  and Non-teaching staff

A similar certificate (শংসাপত্র) may be necessary when a Teacher or a Non-teaching staff declared fit to rejoin his duties.

(d) ‘Average pay’ means the average of basic pay for the period of twelve months immediately preceding the date on which the Teacher or the Non-teaching staff proceeds on Leave.

(e) ‘Teacher’ means a Headmaster/Headmistress (প্রধান-শিক্ষক), Assistant Head-master/ Assistant Headmistress ( সহকারী প্রধান-শিক্ষক)and any other approved member of the Teaching staff.

2. Casual Leave (CL)

Casual Leave (ছুটি) shall not be treated as absence from duty and there shall, consequently, be no interference with the rate of emolument of the Teacher or the Non-teaching staff concerned.

A Teacher or a Non-teaching staff of the school may have 14 days (চৌদ্দ দিন) of Casual Leave in a calendar year. The Casual Leave (নৈমিত্তিক ছুটি) may be affixed or prefixed to any holiday or Sunday but the total period including the holiday or Sunday shall not exceed 7 days at a time. Sundays and holidays falling within the period of Casual Leave  (নৈমিত্তিক ছুটি) shall not be counted as a part of the Casual Leave;

PROVIDED Casual Leave  (নৈমিত্তিক ছুটি) shall not be affixed or prefixed to any long vacation.

Casual Leave presented by Dr. Partha Karmakar (Click here)

RTI regarding CL, ML and CCL 2022 (Click here)

3. Leave on half average pay

A Teacher (শিক্ষক) or a Non-teaching staff of school may be granted 15 days leave on half average pay in a year of service;

PROVIDED that the total period of Leave (ছুটি) on half average pay which may accrue to the credit of the Teacher or the Non-teaching staff shall not exceed two months;

PROVIDED further that during such period a Teacher or a Non-teaching staff (অশিক্ষক কর্মী) shall be entitled to a Leave salary at the rate of half of the average pay.

Leave on half average pay by Dr Partha Karmakar (Click here)

4. Leave on Medical ground

A Teacher or a Non-teaching staff (অশিক্ষক কর্মী) of a school may be granted 15 days’ Leave on medical ground for each completed year of service spent on duty, on production of medical certificate (শংসাপত্র) from a Medical Officer or a Registered Medical practitioner with the application for Leave and a fit certificate at the time of resuming duties.

The total period of Leave (ছুটি) on medical ground, which may accrue to the credit of a Teacher or a Non-teaching staff shall not exceed one year, that is, 365 days during the whole period of service (চাকুরী) in a school or schools. During the period of Leave (ছুটি) on medical ground the Teacher or the Non-teaching staff will get a salary at the rate of full average pay.

Medical Leave by Dr Partha Karmakar (Click here)

5. Special Leave in exceptional circumstances

In exceptional circumstances a Teacher or a Non-teaching staff of a school may be granted Leave not exceeding 18 months; provided the whole case is reported to the Board with a concrete proposal which shall have to be approved (অনুমোদিত) by the Board.

Note : (i) Leave under rule 5 may be granted with the approval of the Board to a Teacher or a Non-teaching staff of any school suffering from prolonged illness, such as, Tuberculosis (যক্ষা), injury to limbs requiring plastering etc. making him or her bed-ridden (শয্যাশায়ী) for a long time, when he or she has exhausted all other leave due to him or her.

(ii) Leave (ছুটি) on full pay under rule 5 (রুল-5) may be granted to a Teacher intending to appear at an examination for the period of examination (পরীক্ষা) and a week prior to its Commencement.  

A study Leave of any other nature shall, however, not be granted to any Teacher (শিক্ষক) under this rule.

(iii) Subject to notes (i) and (ii), the period of leave (ছুটি) may be granted on half average pay (or full average pay by the Managing Committee with prior approval of the Board).

6. Compensatory Leave

A Teacher or a Non-teaching staff of a school may be granted (অনুমোদন) Compensatory Leave for half the period he or she may be required to attend the school for duty during a long vacation (দীর্ঘ অবকাশ) or holidays provided he or she attends the school at least seven days during such vacation or holidays.

Compensatory Leave by Dr Partha Karmakar (Click here)

7. Extraordinary Leave

If for any unforeseen reason a Teacher or a Non-teaching staff of a school fails to attend his or her duties and if there is no other Leave due at his or her credit he or she may be granted Leave without pay at the discretion of the Managing Committee (পরিচালন কমিটি) for a period not exceeding two years.

8. Maternity Leave

(1) Maternity Leave may be granted to a permanent female (মহিলা) Teacher or a Non-teaching staff, on full pay, for a period which may extend up to the end of three months from the date of its commencement (সূচনা) or to the end of six weeks (ছয় সপ্তাহ) from the date of confinement, whichever is earlier.

(2) Maternity Leave (মার্তৃকালীন ছুটি) may also be granted to a temporary female Teacher or Non-teaching staff, on full pay, up to four weeks prior to the date & confinement, and four weeks after the date of confinement.

PROVIDED that she has been in service for at least nine months (নয় মাস) immediately preceding the date of delivery.

(3) Maternity Leave may also be granted to a female (মহিলা) Teacher or a Non-teaching staff in case of miscarriage or abortion subject to the condition that such Leave shall not exceed six weeks (ছয় সপ্তাহ) and the application for the Leave is supported by a certificate from a registered Medical Practitioner of a Government Hospital.

(4) Any other kind of leave, in continuation of maternity leave (ছুটি) may be granted if the request for its grants is supported by a medical certificate.

9. Quarantine Leave

Quarantine Leave is a Leave of absence from duty necessitated (প্রয়োজনীয়) by orders not to attend school in consequence of the presence of infections disease in the family or household of a Teacher or a Non-teaching staff of a school. Such Leave may be granted on production of a certificate (শংসাপত্র) of a Medical or Public Health Officer for a period not exceeding 21 days, or in exceptional circumstances 30 days. Any Leave (ছুটি) necessary for quarantine purpose in excess of this period shall be treated as ordinary Leave. Quarantine Leave may also be granted (মঞ্জুর) when necessary in continuation of other Leave subject to the above maximum. Teachers or non-teaching staff who are absent on quarantine leave will generally not be replaced.However, in the absence of a teacher or a non-teaching staff on quarantine leave, alternative appointments may be made, the responsibilities of which cannot be otherwise assigned. A Teacher or a Non-teaching staff on quarantine leave is not treated as absent (অনুপস্থিত) from duty and his or her pay is not intermitted;

Explanation -For the purpose (উদ্দেশ্য) of granting Quarantine Leave under this rule the list of infectious diseases shall include the following:

(a) (i) Small Pox

(ii) Scarlet Fever

(iii) Plague (Bueumonic or Bubonic)

(iv)Typhus

(v) Cerebro-Spinal meningitis.

(b) For persons employed in the preparation and distribution of food, the additional (অতিরিক্ত) diseases should also be

treated as infectious:

(i) Dysentery,

(ii) Enteric fever (Typhoid fever),

(iii) Malta fever

(iv) Paratyphoid fever.

Memorandum

No. 3230-F(P1) Date: Howrah, the 18th November, 2020

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Rule 198 of WBSR, Pt-I, provides for the grant of Quarantine Leave to a government employee which he/she or any member of his/her family is affected by such infectious disease as specified thereunder as his /her attendance of office/place of duty is considered hazardous to other government employees.

with the passage of time, outbreak of some other diseases (রোগ) in the country had been considered to be infectious of which COVID-19  has been declared Pandemic by WHO this year.

In view of this, inclusion of other infectious (সংক্রামক) diseases including COVID-19 under the provision of Rule 198 of WBSR, Pt-I, was under active consideration of the Government.

Now, after careful consideration and taking the valued opinion (মতামত) of Health & Family Welfare Department of this Government, the undersigned is directed to include the following five diseases in the list of infectious disease (রোগ) under Rule 198 of WBSR, Pt-I, in addition to the existing diseases as specified (নির্দিষ্ট) therein:

  1. SARS
  2. MARS 
  3. COVID-19
  4. Avian Influenza (H5N1)/Novel Influenza
  5. Crimean Congo Haemorrhagic Fever (CCHF)

Rule 198 of WBSR, Pt-I stands modified (সংশোধিত) to such extent. All other norms related to sanction Quarantine Leave will continue to be the same as laid down under the said rule. Amendment (সংশোধন) of the rule to that extent will be made in due course.

This will be deemed to have taken effect from  March 12, 2020.

Sd/- Manoj Pant

Principal Secretary to the Government of West Bengal

Date: 18.11.2020

 ……………………

Grant of Leave to self-quarantine due to COVID-19

CIRCULAR

The Director, Lok Sabha Secretariat (Administration Branch-I)

No. 32100  Dated: the 17th June, 2020

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A large number of employee(s) of the Secretarial are seeking clarification regarding grant of quarantine leave to self-quarantine themselves due to COVID-19. The matter has been examined in terms of CCS (Leave) Rules, 1972 as amended and Circular(s) issued by this Secretarial from time to time.

  1. Accordingly, it is informed that theleaveapplication of employee(s) seeking leave to Self-Quarantine themselves may be dealt with as under :-
Sl No Case Method of Granting Leave
1 Employees seeking leave to self-quarantine themselves above the age of 50 years and having underiying conditions i.e. DiabetesRespiratory Problems, Renal disease and other life threatening illness. Such employees shall be granted Commuted Leave without production of medical certificate for a period upto 4th April 2020. Thereafter, if required, they shall be granted another leave due and admissible by leave sanctioning authority as per procedure.
2 Employees seeking leave to self-quarantine themselves. They shall be granted leave due and admissible by leave sanctioning authority as per procedure.
  1. Theleavesanctioning authorities are advised to sanction leave whenever any request is made for such leave to self-quarantine as a precautionary measure.

Sd/- Santosh Kumar

Director

[F. No. LAFEAS-AN1021/14/2020-AN-I] 

 ……………………

  1. (i) No kind of leave except CasualLeave(নৈমিত্তিক ছুটি) should be availed of without written application and previous sanction except in very exceptional (ব্যতিক্রমী) circumstances which should be expanded to the satisfactory of the Leave (ছুটি) sanctioning authority.

(ii) Any member of Teaching (শিক্ষক) and Non-teaching staff remaining absent for more than 3 days for reasons of illness, shall submit a certificate from a registered medical practitioner.

(iii) Leave for reason of private affairs except Casual Leave (নৈমিত্তিক ছুটি) must be applied for and got approved before it is availed of. Member of the Teaching and Non-teaching staff (স্টাফ) before finalising their private engagement should previously ascertain from the authority concerned as far as practicable whether the Leave asked for a likely to be granted.

PROVIDED that in exceptional (ব্যতিক্রমী) case of emergency nature in which it was not possible on the part of the staff concerned to apply for the Leave and got it sanctioned before proceeding on leave, formal Leave application (আবেদন) fully stating the facts and circumstances necessitating such Leave should be submitted to the authority concerned at the earliest possible opportunity.

  1. (i) No permanentTeachingor Non-teaching staff shall be granted Leave of any kind for a continuous period exceeding 5 years. Where such an employee (কর্মচারী) does not resume his or her duty after remaining on Leave for a continuous period of 5 years or where such an employee, after the expiry of his or her Leave (ছুটি) remains absent from duty, otherwise on ground of suspension for any period, which together with the period granted to him or her exceeds 5 years, he or she shall, unless this Board on reference from the school authorities (স্কুল কর্তৃপক্ষ) and in view of exceptional circumstances of the case otherwise determines, be deemed to have resigned (পদত্যাগ) and shall accordingly cease to be in the employment of the school.

(ii) When an employee who is not in permanent (স্থায়ী) employment, fails to resume his or her duties on the expiry of maximum (সর্বোচ্চ) period of Extra-ordinary Leave granted to him or her under rule 7 or where such an employee who is granted a shorter period of extraordinary’ Leave (ছুটি) than the maximum period admissible (গ্রহণযোগ্য), remains absent from duty for any period which together with extraordinary Leave (ছুটি) granted exceeds the limit up to which he or she would have been granted such Leave under rule 7, he or she shall, unless the Board on reference from the school authorities and in view of exceptional circumstances (পরিস্থিতি) of the case otherwise determine, be deemed to have resigned and shall accordingly cease to be in the employment (কর্মসংস্থান) of the school.

  1. Excepting CasualLeave(নৈমিত্তিক ছুটি) and Compensatory Leave, any kind of Leave mentioned below, may be granted in combination with or in continuation of any other kind of Leave stated below :
  1. Leaveon half average pay.
  2. Leaveon medical grounds.
  3. SpecialLeavein exceptional circumstances.
  4. Extra ordinaryLeave.
  5. MaternityLeave.

By order of the Governor

Sd/- B. N. Chatterjee

Special Secretary to the Government of West Bengal.

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