CourtMesh

Section 19: Leave

The Tamil Nadu Hindu Religious Institutions Employees(Conditions of Service) Rules, 2020State Rules of Tamil Nadu · 1959

(1) Casual Leave.- (a) An employee of a religious institution shall be eligible for casual leave of twelve days in a calendar year. Casual leave may be combined with Sundays, or other Government holidays.

Provided that the resulting period of absence from duty does not exceed ten days. If the eleventh and subsequent days are incidentally declared as holidays on account of natural calamities, leave declared by the Government etc., the employee who is on casual leave may avail himself of those days also even though the period of absence exceeds ten days.

(b) Casual leave may be granted for half-a-day at a time on application. In such cases, the half-a-day period should be either three hours from the commencement or before the closure of offi ce hours.

(c) An employee of a religious institution who is on probation may be granted one day casual leave for every completed month of service and such leave may be combined with holidays, subject to the maximum prescribed above.

(d) Casual leave cannot be taken in combination with Earned leave or Medical leave or Maternity leave or Extraordinary leave without allowances (Leave on loss of pay).

(e) A register of casual leave should be maintained in every religious institution.

(f) Leave may be granted to the Ulthurai employees on their providing proper substitutes with undertaking to take responsibility of loss or damage caused due to negligence of his substitute, to the satisfaction of the executive authority.

(2) Earned Leave.- (a) The leave account of every regular employee, who is serving in a religious institution, shall be credited with earned leave in advance in two installments of 15 days each on the fi rst day of January and July of every calendar year.

(b) The leave at the credit of a regular employee, at the close of the previous half-year shall be carried forward to the next half year, subject to the condition that the leave so carried forward plus the credit due for the half year does not exceed the maximum limit of 240 days.

Provided that if the earned leave at the credit of a regular employee as on the last day of December or June is 240 days or less but more than 225 days, the advance credit of 15 days earned leave on the fi rst day of January or July to be aff orded shall, instead of being credited in the leave account, be kept separately and fi rst adjusted against the earned leave that the regular employee takes or surrenders during that half year and the balance if any, shall be credited to the leave account at the close of the half year, subject to the condition that the balance of such earned leave plus leave already at credit does not exceed the maximum limit of 240 days.

Provided further that the earned leave shall be credited to the leave account of a regular employee, at the rate of 2½ days for each completed calendar month of service which he is likely to render in a half-year of the calendar year in which he is appointed.

Provided also that the earned leave shall be credited to the leave account of a regular employee, who is due to retire or resign from the service or dies while in service, at the rate of 2½ days per completed calendar month upto the date of retirement or resignation or death, as the case may be.

Provided also that the earned leave so credited to the leave account of a regular employee, who is due to retire or dies while in service, shall be eligible to encash maximum of 210 days at the time of retirement or death, as the case may be.

Provided also that if a regular employee has availed of extra-ordinary leave (with or without Medical Certifi cate) or some period of absence has been treated as dies-non in a half-year, the credit to be aff orded to his leave account at the commencement of the next half-year shall be reduced by one-tenth of the period of such leave or dies-non, subject to a maximum of 15 days.

In the case of a employee under probation, earned leave shall be credited at the rate of 2½ days for every two completed calendar months of service which he is likely to render in a half year of the calendar year subject to a maximum of thirty days.

Explanation:-For the purpose of crediting earned leave.-

(i) fractions of a day shall be rounded off to the nearest day;

(ii) if an employee is on leave on the last day of any particular half of a calendar year, earned leave shall be credited on the fi rst of the succeeding half-year, provided that the authority competent to grant leave has reason to believe that the employee will return to duty on the expiry of leave;

20 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Provided that leave may be granted, to the Ulthurai employees on their providing proper substitutes with undertaking to take responsibility of loss or damage caused due to negligence of his substitute, to the satisfaction of the executive authority.

(3) Leave on medical certifi cate.-(a) Leave on medical certifi cate may be granted to a regular employee for 240 days in all, only on production of a certifi cate from a registered medical practitioner for a period not exceeding the period of leave recommended in the certifi cate with reference to the period of service specifi ed in column (1) of the Table below subject to the restriction of the period of leave specifi ed in the corresponding entry in column (2) thereof.- Tඐඍ Tඉඊඔඍ Period of service

(1) Period of eligible leave

(2) Upto and inclusive of 5 years 30 days More than 5 years but upto and inclusive of 10 years 60 days More than 10 years but upto and inclusive of 15 years 120 days More than 15 years but upto and inclusive of 20 years 180 days More than 20 years 240 days

Provided that the period of leave referred to in column (2) of the Table above shall be reduced by the period of leave, if any, already availed of.

(b) Leave on medical certifi cate may be combined with earned leave, but the total period so combined shall be limited to 3 months.

(c) Any leave taken on medical grounds if it exceeds 59 days shall be referred to the competent medical team approved by the executive authority and the employee will be permitted to join duty only on production of fi tness certifi cate from the Medical team.

(4) Maternity leave.- (a) The executive authority of a religious institution may grant maternity leave on full pay to married woman employees for a period not exceeding 270 days which may spread over from the pre-confi nement rest to post confi nement recuperation at the option of the woman employee. The maternity leave will not be admissible to married woman employees with more than two surviving children.

Explanation.- In the case of married woman employees who are confi ned during the period of their leave, including extraordinary leave, the 270 days period referred to above shall be reckoned only from the date of confi nement.

(b) Any admissible Leave may be granted in continuation of maternity leave, if the request for its grant be supported by a medical certifi cate.

Provided that leave of any kind due and admissible under the rules may be granted upto a maximum period of one year in continuation of maternity leave, if leave applied is supported by a medical certifi cate.

Explanation.- Leave of any other kind in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to production of a medical certifi cate from the authorized medical attendant to the eff ect that the condition of the ailing baby warrants mother’s personal attention and her presence by the baby’s side is absolutely necessary.

(5) Leave on loss of pay.- When an employee has neither earned leave nor leave on medical certifi cate to his credit, leave without pay and allowances may be granted to him. Loss of pay leave may however, be granted to a person who, being ineligible for any other kind of leave, specifi cally applies for it. The appointing authority shall satisfy himself that the employee will return to duty on the expiry of such leave. Such absence from duty shall not exceed one year or otherwise the employee is liable for disciplinary action.

Where this provision sits

ActThe Tamil Nadu Hindu Religious Institutions Employees(Conditions of Service) Rules, 2020
Section19
Marginal noteLeave
JurisdictionState of Tamil Nadu
StatusIn force as published by the source

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Tamil Nadu Hindu Religious Institutions Employees(Conditions of Service) Rules, 2020 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.