Confused About EL Encashment and Notice Period Deduction? Need Help with Rules!

Dear All, kindly guide me in this matter. I was working in a central government institution under the disability category, but now I have resigned from that institution. I have 68 Earned Leave (EL) credits in my account on the date of resignation, but I have to adjust a 28-day notice period as well. I have requested EL Encashment after resignation as per the CCS Leave Rules.

Leave Encashment Rule

The Leave Encashment Rule states that half of the total EL can be encashed at the time of resignation if the service is less than 20 years. Currently, they are adjusting my 28-day notice period after halving the EL, i.e., 68 (Total EL) / 2 = 34 - 28 Days (Notice Period) = 6. However, I have requested that they first deduct the notice period of 28 days from the total EL and then calculate EL Encashment, i.e., 68 - 28 = 40 / 2 = 20 Days of EL Encashment.

Please assist me with the rules or formula applicable in this matter. Thanks in advance.

Dear User,

Your query is regarding the calculation of Earned Leave (EL) Encashment after your resignation under the CCS (Central Civil Services) Leave Rules. Specifically, you're asking about whether your notice period should be deducted before or after halving the total EL as per the rules.

As an HR professional, I'll try to clarify this matter as per the CCS Leave Rules applicable in India.

1. ⌘ As per rule 39 of the CCS Leave Rules 1972, the cash equivalent of unutilized earned leave on the date of retirement or death shall be calculated as follows:
- Cash Payment = Pay admissible on the date of retirement plus Dearness Allowance admissible on that date/30 X Number of days of unutilized earned leave at credit subject to the total of earned leave and half pay leave at credit not exceeding 300 days.

2. ⌤ In your case, you had 68 days of EL at the time of resignation. Now, the question arises whether the notice period should be deducted before or after halving the total EL.

3. ⌜ As per the standard practice, the notice period is usually deducted from the total EL before making any calculations for encashment. So, ideally, the notice period of 28 days should be deducted from your total EL i.e., 68-28 = 40, and then the remaining EL should be halved for encashment, i.e., 40/2 = 20 days.

4. ⚂ However, the final decision depends upon the specific policies of your institution and how they interpret the rules. If the institution insists on their method of calculation, you may need to inquire further or consult with a legal professional to understand the precise interpretation of the law.

5. 🙰 You can also approach the Grievance Redressal Cell in your organization or escalate the matter to higher authorities if you believe your rights are being compromised.

6. ⌚ To understand the process better, you may also want to review the 'Handbook on Leave and Holidays' by the Department of Personnel and Training, Government of India, which provides more detailed explanations of these rules.

Remember, it's important to communicate your concerns clearly and assertively with your HR department. They are there to help you navigate these issues, and your understanding of your rights and rules can aid that conversation. Good luck! 🤗