LEAVE RULES

 

13.1. From the date of operation of this settlement the following leave rules shall apply uniformly to all workmen.

 

13.2. An employee who desires to obtain leave of absence other than casual leave, shall apply in writing to the manager or any other officer appointed for the purpose. Such application for leave shall be made not less than one month before the date from which the leave is to commence, except in urgent cases or unforeseen circumstances including illness when it is not possible to do so. The Manager or the Officer empowered by him in this behalf shall issue orders on such application as soon as practicable and in cases of an urgent nature immediately. If the leave asked for is granted, an order showing the date of commencement of the leave and the date on which the employee will have to resume duty shall be issued to him.

 

13.3. If an employee after proceeding on leave desires an extension thereof, he shall make an application in writing to the Manager or other officer appointed for the purpose. Such application shall state the full postal and telegraphic address of the employee and shall be made in sufficient time to enable the management to consider the application and send a reply to him before the expiry of the leave desired to be extended. A written reply either of the grant or refusal of extension shall be sent to the employee at the address given by him, if such reply is likely to reach him before the expiry of the leave originally granted to him.

 

13.4. If the leave is refused or postponed, the reason for the refusal or postponement, as the case may be, shall be mentioned in the order, and a copy of the order given to the applicant.

 

13.5. No leave or extension of leave shall be deemed to have been granted unless an order to that effect is passed and communicated to the employee concerned.

 

13.6. Leave of all kinds cannot be claimed as of right. When the exigencies of the service so require, discretion to refuse or revoke leave on any description is reserved to the authority granting it, and an employee already on leave may be recalled by that authority when it considers this necessary in the interest of the service. When an employee is called back from leave, the bank will pay his traveling expenses to and from the place where he was spending his holidays. The employee will also be entitled to claim traveling expenses of his wife and children provided they have accompanied him while going to such place or have gone to such place within a week of his going there and have accompanied him whilst returning from such place or have returned to the place of work within a week of his return to that place.

 

13.7. Gazette holidays (that is Bank Holidays under the Negotiable Instruments Act) other than Sundays shall not be prefixed or suffixed to any leave without the sanction of the competent  authority having been first obtained.

 

13.8 Leave earned by an employee lapses on the date on which he ceases to be in service. Where an employee’s services are terminated owing to retrenchment he shall be paid his pay and allowances for the period of privilege leave at his credit.

13.9. Unless he is permitted to do so by the authority which granted him leave, an employee will not be entitled to return to duty before the expiry of the period of leave granted to him.

 

13.10. The first day of an employee’s leave is the working day succeeding that upon which he makes over charge. The last day of an employee’s leave is the working day preceding that upon which he reports his return to duty.

 

13.11. An employee shall, before proceeding on leave, intimate to the competent authority his address while on leave and shall keep the said authority informed of any change in the address previously furnished.

 

13.12. An employee on leave shall, unless otherwise instructed to the contrary, return for duty to the place at which he was last stationed.

 

13.13. The competent authority may require an employee who has availed himself of leave for reasons of health to produce a medical certificate of fitness before he resumes duty even though such leave was not actually granted on a Medical Certificate.

 

13.14. Leave may not be granted to an employee under suspension or against whom proceedings are pending.

 

13.15. For the purposes of this Chapter the term “Substantive Pay” wherever it occurs means the aggregate of (I) basic pay, (ii) dearness allowance, (iii) House rent allowance, (iv) Special and other allowance, if any (but excluding special pay drawn as locum tenets and officiating pay, if any) which the workman would have drawn had he been on duty.

 

13.16. For the purpose of the chapter, calendar year means the period 1st January to 31st December, each year.

 (BPS dated 19.10.1966)

 

An employee who overstays his leave (except under circumstance beyond his control for which he must tender explanation) shall not be paid his pay and allowance for the period he over stays and shall further render himself liable to such disciplinary action as the management may think fit to consider.

 (Para 12 of BPS dated 05.01.1987)

PRIVILEGE LEAVE

13.17 The amount of privilege leave earned which shall be on substantive pay, shall be one month for completed service of 11 months for banks in classes A and B.

 (BPS dated 19.10.1966)

 

In partial modification of Clause 13.17 of the Bi-partite Settlement, dated 19-10-1966 calculation of privilege leave earned shall be done @ one day for 11 days of active service. Provided that fraction of a day of earned leave if any shall be taken as full day. Such calculation has to be done only for the limited purpose of calculation of entitlement. The workmen will be eligible for such leave only after the completion of 11 months’ service as laid down in Clause 13.17 of the Bi-partite settlement, dated 19-10-1966 and for calculating privilege leave, all types of leave availed except casual leave will be excluded.

 (Para V (I) of BPS dated 08.11.1973)

 

The following proviso may be added to Clause Vie) of Bipartite Settlement dated 8th November, 1973:- Provided that fraction of a day of earned leave, if any, shall be taken as a full day. The above provision will apply for crediting privilege leave from the Calendar Year 2001.

 (Para 25 of BPS dated 27.03.2000)

 

13.18. If leave applied for by an employee has been refused such employee will be entitled to accumulate leave in excess of the maximum prescribed until such time when the bank is in a position to grant him leave.

 

13.19. The privilege leave due to an employee is the period which he has earned diminished by the period of leave actually taken.

 

13.20. An employee other than a member of the Executive Committee of a registered trade union of bank employees will not be entitled to take privilege leave on more than 3 occasions in a calendar year, but there will be no limitations as to the minimum number of days for which leave may be taken on these occasions. In determining the number of such occasions the following occasions shall not be included.

 

(I) When an employee has proceeded on privilege leave and is recalled to duty by the bank;

 

(ii) When an employee has been granted privilege leave on grounds of sickness in terms of Clause 13.21 below.

 

13.21. In special circumstances an application may be made for the grant of such leave on more than three occasions in a calendar year and it will then be in the absolute discretion of the bank concerned whether to grant such leave or not. An employee may avail of privilege leave for a period of more than 4 days at a time on grounds of sickness on production of medical certificate.

 (BPS dated 19.10.1966)

 

In partial modification of Clause 21 of the Settlement dated 31st October 1979 privilege leave accruing to an employee on or after 1st January, 1990 shall be allowed to be accumulation beyond 180 days up to a maximum of 240 days.

 (Para 8 of BPS dated 19.10.1966)

 

(I)  Parties agree that workmen would be entitled to encash the accumulated leave to his credit at the time of retirement.

(ii) Parties further agree that if a workman dies in service, his heirs will be paid salary for the leave accrued to him at the time of the death.

 (Para 15 of BPS dated 31-10-1979)

 

It is clarified that with effect from 1st January 1990 in terms of clause 15 of the settlement, dated 31st October, 1979 a workman at the time of his retirement, or his heirs, in the event of his death would be entitled to encash the accumulated privilege leave up to the maximum of 240 days.

 (Para 9 of BPS dated 29-06-1990)

 

(I) The benefit of PL Encashment is extended to workmen employees resigning from the Bank’s service after complying with rules/regulations governing resignation with effect from 01-04-2004 to the extent of half of such PL standing to the credit of the employees as on date of cessation of service subject to a maximum of 120 days. While arriving at half of such PL the fraction so arrived is to be rounded off to preceding lower number of full days.

 

(ii) Workmen employees imposed with the punishment of compulsory retirement in terms of the Bipartite Settlement would not be entitled for the benefit of encashment of accumulated PL to his / her credit with effect from 01-12-2002.

 (IBA Clarification)

CASUAL LEAVE

13.22 An employee shall be entitled to casual leave up to a maximum of 12 days in each calendar year provided that not more than 4 days may be taken continuously and provided that holidays and Sundays may not be combined with such leave in such a way as to increase the absence at any one time beyond six days, but if extended beyond these limits it shall be treated as privilege leave in respect of the entire period. Casual leave may not be granted in combination with any other leave.

 

13.23 Casual leave shall be non-cumulative except as provided in Clause 13.31 under sick leave. Ordinarily the previous permission of the sanctioning authority shall be obtained before taking such leave. When this is not possible, the said authority shall be informed as soon as practicable, in writing or if writing is not possible orally or through any person of the employee’s absence from work, reason thereof and of the probable duration of such absence. In any event a written application shall be submitted to such authority latest on the day the employee resumes duty. In no case will an employee take casual leave on frivolous grounds.

 

13.24 Casual leave is only intended to meet special or unforeseen circumstances for which provision cannot be made by exact rules. Holiday except Saturdays and Sundays shall not be prefixed or suffixed to casual leave without the previous permission of the officer granting such leave.

 

13.25 Holidays and weekly offs falling within the period of casual leave will not be treated as a part of casual leave.

 

13.26 Casual leave may be taken on grounds of sickness without production of a medical certificate, provided the total period of sickness does not exceed 4 days.

 

13.27 Any absence from duty without satisfying the requisite conditions under which leave may be taken or obtaining such leave on false grounds would justify any bank, after giving the employee an opportunity to explain, in not treating the employee as on casual leave but as being absent without leave on loss of pay and allowances.

 

13.28 A workman on casual leave shall be entitled to pay and allowances as if he was on duty.

 (Para 13 of BPS dated 19.10.1966)

 

It is hereby clarified that casual leave shall be earned by an employee during the first calendar year of his service on a pro-rata basis at the rate of one day for each completed month or part thereof.

 (Para 4 of BPS dated 31.10.1979)

 

SICK LEAVE

In supersession of Clauses 13.29, 13.30, 13.31, 13.32 and 13.33 regarding provision of Sick Leave in the First Bi-Partite Settlement, dated 19th October 1966 and in supersession of similar provisions, if any regarding sick leave that are existing in banks, the following provisions of sick leave shall apply with effect from 1st July 1983.

 

 (1) An employee shall be granted sick leave at the rate of one month for each year of service subject to a maximum of 18 months during his entire service provided that where an employee has put in service of 24 years, he shall be eligible to additional sick leave at the rate of one month for each year of service in excess of 24 years, subject to three months of additional sick leave.

 (Para IX of BPS dated 17.09.1984)

 

In partial modification of Clause (IX) (2) of the Memorandum of Settlement dated 17th September, 1984, with effect from 1st April, 1997 sick leave admissible for service in excess of 24 years of service shall be on half substantive pay but shall be permitted on request on full substantive pay, such leave on full substantive pay being entered as twice the amount of leave taken in his sick leave account.

 (Para 6.28 of BPS dated 28.11.1987)

 

In partial modification of Para IX (3) of Bipartite Settlement dated 17th September, 1984, the following provisions shall apply with effect from the date of this Settlement.

 

Casual leave not availed by an employee in a Calendar Year shall be converted into Sick Leave on full substantive pay and such leave shall be over and above the maximum period provided in Para IX Sub Para (1) and (2) of Bipartite Settlement dated 17-9-1984. Such leave not exceeding a day if availed on grounds of sickness, shall be allowed without production of medical certificate.

 (Para 27 of BPS dated 27.03.2000)

 

(4) All sick leave shall be granted on production of a medical certificate acceptable to the bank. “An employee may be sanctioned sick leave if the medical certificate is given by a practitioner of medicine other than allopathic provided he is a registered medical practitioner”.

 (Para IX of BPS dated 17.09.1984)

 

An employee may be sanctioned sick leave if the medical certificate is given by a practitioner of medicine other than allopathic provided he is a registered medical practitioner.

 (IBA CIR No: PD/CIR/76/90/037 dated 16-08-1989)

 

EXTRAORDINARY LEAVE

Extraordinary leave may be granted to an employee when no ordinary leave is due to him. Except in exceptional circumstances the duration of extraordinary leave shall not exceed 3 months on any one occasion and 12 months during the entire period of an employee’s service.

 (Para 13.34 of BPS dated 19.10.1966)

 

A competent authority may grant extraordinary leave in combination with or in continuation of leave of any other kind admissible to the employee.

 (Para 13.35 of BPS dated 19.10.1966)

 

No pay and allowances are admissible during the period of extraordinary leave and the period spent on such leave shall not count for increments. Provided that in cases where the sanctioning authority is satisfied that the leave was taken on account of illness or for any other cause beyond the employee’s control it may direct that the period of extraordinary leave may count for increments. Provided further that in the case of employees who are office bearers of registered trade unions, increments may be deferred only to the extent that extraordinary leave exceeds 2 months in any incremental year.

 (Para 13.36 of BPS dated 19.10.1966)

 

MATERNITY LEAVE

Clause 26 of Bipartite Settlement dated 27th March 2000 shall be substituted by the following :

 

(a)        Maternity leave, which shall be on substantive pay, shall be granted to a female employee for a period not exceeding 6 months on any one occasion

            and 12 months during the entire period of her service.

(a)        Within the overall period of 12 months, leave may also be granted in case of miscarriage/abortion/MTP.

(b)        Within the overall period of 12 months, leave may also be granted in case of hysterectomy upto a maximum of 45 days.

(c)       Leave may also be granted once during service to a childless female employee for legally adopting a child who is below one year of age for a maximum period of two months or till the child reaches the age of one year, whichever is earlier subject to the following terms and conditions: -

 

(i)          Leave will be granted for adoption of only one child.

(ii)         The adoption of a child should be through a proper legal process and the employee should produce the adoption-deed to the Bank for sanctioning 

            such leave.

(iii)       The temporary and part-time employees are not eligible for grant of leave for adoption of a child.

 (Para 30 of BPS dated 27-4-2010)

 

A competent authority may grant leave of any other kind admissible to the employee in combination with or in continuation of maternity leave if the request for its grant is supported by sufficient medical certificate.

 (Para 13.38 of BPS dated 19.10.1966)

 SPECIAL LEAVE

In supersession of Para 13.39 of the 1st Bipartite Settlement dated 19-10-1966, with effect from the date of the Settlement, Special leave will be allowed to certain employees for attending meetings and conferences of trade unions of bank employees as provided below:

 

a)             Principal Office Bearers of All India Workmen Unions / Associations                                    Up to 21 days  in a

                subject to a maximum of -                                                                                                       calendar year

               I)  20 such members in the case of unions having more than 25% membership.

              ii) 15 such members in the case of unions having less   than 25% membership.

 

b)           Central Committee Members of All India Workmen Unions / Associations                              Up to 17 days in a  

              subject to a maximum of -                                                                                                       calendar year

           I)  40 such members in the case of unions having more than 25% membership.

           ii) 30 such members in the case of unions having less   than 25% membership.

c)           Office Bears of the executive Committee of the State or Regional Level Units of All India            Up to 7 days in a 

              Workmen Unions/ Associations subject to a maximum of –                                                       calendar year

            I)  20 such members in the case of unions having more than 25% membership.

           ii) 15 such members in the case of unions having less   than 25% membership.

 

The benefit of special leave as above shall be available only to those office bearers nominated for the purpose by the All India Workmen Unions / Associations who are parties to the Settlement and signing it.

 (Para 35 of BPS dated 02-06-2005)

 

QUARANTINE LEAVE

In case an employee is absent from duty on account of quarantine, the bank may, at the request of the employee, treat such absence up to a maximum of three months as privilege or sick leave if such leave is otherwise permissible.

 (Para 13.41 of BPS dated 19.10.1966)

 

LEAVE PREPARATORY TO RETIREMENT

An employee shall be paid on retirement the pay and allowance for such period for which the privilege leave was withheld.

 (Para 13.42 of BPS dated 19.10.12966)

 

SPECIAL LEAVE IN CASE OF INJURIES ON DUTY

In case of injuries sustained by a workman in course of his duty he shall be fully reimbursed the medical cost and treatment and / or hospitalisation over and above his normal entitlement. He shall also be treated on special leave for the period of his absence required for treatment.

 (Para 18 (IV) of BPS dated 31.10.1979)

 

LEAVES UNDER GOVERNMENT GUIDELINES

A) FOR BLOOD DONATION - One day special casual leave on the day of donation. Employee has to produce a certificate from the medical officer of the hospital where he has donated blood.

 

B) FOR EXERCISING FRANCHISE – ELECTION - Where ever the Central or State Government has advised granting of special casual leave to its employees for exercising their franchise in connection with Parliamentary or Assembly Elections, special casual leave on the same terms and conditions may be allowed to the employees of the banks.

 

C) FOR NON-ATTENDANCE OF OFFICE DUE TO CURFEW - I) Where an employee was not able to attend the Office on account of imposition of curfew either at the place of residence or at the place of work, the absence should be treated as special casual leave. ii) If the curfew was imposed only for a part of the working hours either at the place of residence or at the place of work, the employees who attended the office during the non-curfew part of working hours should be treated as having attended for the full day and the absence of those employees who did not attend during the non-curfew hours should be adjusted against their usual leaves.

iii) This special casual leave is provided only where it is physically impossible to attend office. This leave is also granted when it is impossible to reach office from curfew bound area which falls between the route from residence and office of the employees and it is also not possible to reach office even avoiding such route and the Government authorities have not permitted employees to travel through curfew bound areas.

 

D) FOR FAMILY PLANNING - Special casual leave is granted in the following cases as per Govt. directives to promote family planning:

 

I.6 days special casual leave to male employees for undergoing sterilisation (Vasectomy Operation)

 

II.14 days special casual leave for female employees who undergo non puperal/puperal tubectomy operation.

 

III.1 day special leave to female employees who had IUD insertions.

 

IV.7 days special casual leave to male employee whose wife undergoes non-puperal tubectomy operation subject to the production of medical certificate from the doctor who has performed the operation, to the effect that the presence of the employee is essential for the period of leave to look after the wife during her convalescence after the operation.

 

V.An employee developing post-operative complication after sterilisation may be granted special casual leave to the extent of the period for which he or she is hospitalised for such post operative complications, subject to production of necessary certificate from the concerned hospital authorities/authorised medical attendant.

 

VI.An employee is not entitled to special casual leave after maternity leave, if the sterilisation operation/re-canalisation was done during the maternity leave.

 

VII.The special casual leave connected with sterilisation, re-canalisation under family welfare programme may be suffixed as well as prefixed to regular leave or casual leave. However special casual leave cannot be prefixed both to casual leave and regular leave. Special casual leave may either be prefixed to regular or to casual leave and not both. Similarly, special casual leave may be suffixed either to regular leave or to casual leave and not both. The intervening holidays and/or Sundays be prefixed/suffixed to regular leave as the case may be.

 

E) FOR ATTENDING COURTS OR ENQUIRIES - Special leave should be granted to employee who is summoned to attend Courts or departmental enquiries outside the Bank for giving evidence on behalf of the Bank.

 (IBA CIR No. PD/MISC/41 dated. 14-09-1982)