Half Pay Leave
Half pay leave is 20 days a year at half leave salary under Rule 29 of the CCS (Leave) Rules 1972, on medical certificate or private affairs, with no ceiling.
Half pay leave is leave credited to a central government servant at 20 days a year, on which the servant draws half the leave salary, under Rule 29 of the CCS (Leave) Rules, 1972. Rule 29(1) credits it in advance in two instalments of 10 days each on 1 January and 1 July, Rule 29(4) makes it admissible on a medical certificate or on private affairs without distinction, and no rule places a ceiling on how much of it may accumulate. It is also the account from which commuted leave under Rule 30 and leave not due under Rule 31 are drawn.
The price of that breadth is the rate. Rule 40(3) of the same Rules fixes the leave salary on half pay leave at half the amount payable on earned leave, so an employee on basic pay of Rs. 50,000 draws Rs. 25,000 plus dearness allowance on Rs. 25,000. Earned leave is capped at 300 days and paid in full under Rule 40(1). Half pay leave is uncapped and paid at half. That trade is the design of the leave code: the reserve that accrues without limit is the one that costs the government half a salary to grant.
Half pay leave matters most in the cases the other heads cannot reach. A long illness outruns the earned leave balance, and a career-long accumulation of 20 days a year is what stands behind it, drawable at half pay directly or at full pay through commutation on a medical certificate. It carries a second use at the end of service, where Rule 39(2) pays the cash equivalent for earned leave and half pay leave together up to a combined ceiling of 300 days.
This article sets out the credit under Rule 29 and the four dates that vary it, the reduction for dies non and the reason extraordinary leave does not cause one, the leave salary under Rule 40(3) with a worked computation, the commuted leave and leave not due drawn from the account, the effect on qualifying service, the annual increment and the provident fund, the treatment of house rent allowance and transport allowance during the leave, the encashment on superannuation, death, invalidation and absorption, who is excluded from the credit, and the point at which a prolonged illness passes out of the leave rules and into the pension rules.
Nature and statutory basis
Half pay leave is leave in the full technical sense under the CCS (Leave) Rules, 1972, unlike casual leave, which the Explanation to Rule 11 records is not recognised as leave under those Rules at all. A servant on half pay leave is on authorised absence, the days are debited from a leave account, and the period counts for qualifying service and for the increment. What separates it from earned leave is the rate: Rule 40(1) pays the pay drawn immediately before the leave, and Rule 40(3) pays half that.
Rule 29(4), inserted by DoPT Notification No. 13014/1/85-Estt.(L) dated 3 December 1985, states that the leave under Rule 29 may be granted on medical certificate or on private affairs. The Rules draw no consequence from the choice. A servant taking half pay leave for a family matter is in exactly the same position as one taking it for an illness, and neither has to justify the grant beyond obtaining the sanction. The medical certificate matters at the next rung up, under Rule 30, where it is what converts half pay leave into full pay.
The current text of Rule 29(1) was substituted by DoPT Notification No. 11020/01/2017-Estt.(L) dated 11 December 2018, issued as the CCS (Leave) (Fourth Amendment) Rules, 2018, G.S.R. 1209(E), and it excludes two classes from the credit: a military officer, and a government servant serving in a Vacation Department. Everyone else in central civil service is credited, permanent and temporary alike, because Rule 29(1) speaks of every government servant and attaches no condition of permanency.
How the credit is made
Rule 29(1) credits the half pay leave account in advance, in two instalments of 10 days each on the first day of January and of July of every calendar year, which is 20 days a year for a servant who serves through both half-years. The credit is made at the start of the half-year for the half-year ahead, on the footing that the servant will serve through it, which is what makes it an advance credit rather than an accrual on completed service.
Four sub-clauses vary that for a part half-year, and they do not all stop on the same day. Rule 29(2)(a) credits 5/3 days, that is one and two-thirds days, for each completed calendar month of service the servant is likely to render in the half-year in which he is appointed. Rule 29(2)(b) applies the same 5/3 rate up to the date of retirement or resignation. Rule 29(2)(c), inserted by DoPT Notification No. 13026/01/2010-Estt.(L) dated 12 May 2011, credits at 5/3 days per completed calendar month only up to the end of the calendar month preceding the month of removal or dismissal, which is a month short of the retirement rule. Rule 29(2)(ca), inserted by the same notification, runs the credit to the date of death.
The arithmetic ends in a whole number. Rule 29(5), inserted by DoPT Notification No. 13014/1/87-Estt.(L) dated 16 June 1987, requires a fraction of a day to be rounded off to the nearest day while affording credit. A servant appointed on 10 February who serves four completed calendar months to 30 June is credited 20/3 days, which is 6.67 days, rounded to 7.
One further variation applies to a small class. Rule 29(3) gives a government servant eligible for departmental leave under Rule 49 half pay leave of 20 days on completion of 12 months of actual duty, rather than 10 days each half-year. Rule 49(1) confines departmental leave to Class III staff other than Division I staff and clerks, and Class IV staff, in the Survey of India attached to survey parties with field and recess duties, and to seasonal staff in the Posts and Telegraphs Department whose duties are limited to a fixed period each year.
Reductions to the credit
One event reduces the half pay leave credit, and it is narrower than it is usually stated to be. Rule 29(2)(d), inserted by DoPT Notification No. 13014/1/87-Estt.(L) dated 16 June 1987, provides that where a period of absence or suspension has been treated as dies non in a half-year, the credit afforded at the commencement of the next half-year is reduced by one-eighteenth of the period of the dies non, subject to a maximum reduction of 10 days. A 90-day period of dies non therefore costs five days of the following credit.
Extraordinary leave does not reduce the half pay leave credit. Rule 29(2)(d) names dies non alone, while Rule 27(3) names extraordinary leave and dies non together for the earned leave credit and reduces it by one-tenth, subject to a maximum of 15 days. This is the point at which the two accounts part company. A spell of unpaid leave under Rule 32 trims the next earned leave credit and leaves the 10 days of half pay leave credited on 1 January and 1 July intact.
A third route empties the account without touching the credit at all. Rule 25(1) provides that a government servant who remains absent after the end of leave, unless the competent authority extends it, is entitled to no leave salary for the period, and that the period is debited against the leave account as though it were half pay leave to the extent such leave is due, with the period in excess treated as extraordinary leave. The debit falls on the half pay leave account and not on earned leave, so an employee who overstays can return to find the earned leave balance untouched and the half pay leave balance spent, with nothing paid for the days. Rule 25(2) adds that wilful absence after the expiry of leave renders the servant liable to disciplinary action.
Leave salary under Rule 40(3)
A government servant on half pay leave is entitled to leave salary equal to half the amount specified in Rule 40(1), under Rule 40(3) of the CCS (Leave) Rules, 1972. Rule 40(1) fixes that amount at the pay drawn immediately before proceeding on earned leave, so the half pay leave salary is half of basic pay, with dearness allowance calculated on the halved figure rather than on the full pay. Rule 40(3) applies the same rate to leave not due.
The worked figures show what that means in the hand. Take a servant on basic pay of Rs. 50,000 a month at a dearness allowance rate of 60%, the rate in force from 1 January 2026. On earned leave the servant draws Rs. 50,000 plus Rs. 30,000, a leave salary of Rs. 80,000. On half pay leave the servant draws Rs. 25,000 plus dearness allowance of Rs. 15,000 on that Rs. 25,000, a leave salary of Rs. 40,000. The dearness allowance follows the leave salary down, which is why the figure is genuinely half and not half of basic pay with full dearness allowance on top.
Three further sub-rules qualify the payment. Rule 40(8) reduces the leave salary payable during leave other than earned leave, which takes in half pay leave, by the amount of benefit payable under the Employees’ State Insurance Act, 1948 for the corresponding period, in the case of a person to whom that Act applies. Rule 40(7)(c) bases the leave salary of a servant granted leave earned during re-employment after retirement on the pay drawn exclusive of the pension and the pension equivalent of other retirement benefits. Rule 40(9)(a) requires an adjustment where a servant who retires or resigns has availed more leave than the credit due, and the overdrawn leave salary is recovered.
The governing provision is Rule 40, not Rule 33. Rule 33 deals with leave to a probationer, a person on probation and an apprentice, a different subject, and the two are frequently confused. Rule 33(3)(a) does grant an apprentice leave on medical certificate at a leave salary equivalent to half pay for not more than one month in any year of apprenticeship, which is leave at the half-pay rate but is not the half pay leave of Rule 29 and carries no account.
Commuted leave at full pay
Commuted leave is half pay leave drawn at full pay, and it costs two days of the account for each day taken. Rule 30(1) permits commuted leave not exceeding half the amount of half pay leave due to be granted on medical certificate to a government servant other than a military officer, and Rule 30(1)(d) requires twice the amount of such leave to be debited against the half pay leave due. Rule 40(4) pays the full Rule 40(1) leave salary throughout. A servant holding 120 days of half pay leave who takes 30 days of commuted leave is debited 60 days and is left with 60.
The only surviving conditions are two. Rule 30(1)(a) requires the authority competent to grant leave to be satisfied that there is a reasonable prospect of the servant returning to duty on the expiry of the leave. Clauses (b), (c) and (e) were deleted by MoF Notification No. 16(5)-E.IV(A)/74 dated 11 April 1975 and nothing replaced them, so the ceiling is the half-the-balance limit in Rule 30(1) itself and there is no career cap on commuted leave taken on a medical certificate.
Four routes dispense with the medical certificate. Rule 30(1-A) allows up to 180 days of half pay leave to be commuted during the entire service where the leave is used for an approved course of study certified to be in the public interest by the leave sanctioning authority. Rule 43(4)(b) allows commuted leave not exceeding 60 days in continuation of maternity leave, Rule 43-B(3)(b) the same 60 days in continuation of child adoption leave, and Rule 43-C(6) the same 60 days in continuation of child care leave, each expressly notwithstanding the medical certificate required by Rule 30(1).
Earned leave need not be exhausted first. The Note to Rule 30 states that commuted leave may be granted at the request of the government servant even when earned leave is due to him, so a servant on a medical certificate may commute half pay leave while holding the earned leave balance in reserve for a planned absence or for the retirement encashment.
Rule 30(2) recovers the difference where the premise fails. Where a servant granted commuted leave resigns, or is permitted at his own request to retire voluntarily, without returning to duty, the commuted leave is treated as half pay leave and the difference between the two leave salaries is recovered. The proviso bars that recovery where the retirement is by reason of ill-health incapacitating the servant for further service, or in the event of death, since in neither case did the servant choose not to return.
Leave not due, granted in advance
Leave not due is half pay leave granted before it has been earned, on a medical certificate, and not for private affairs. Rule 31(1) permits it, save in the case of leave preparatory to retirement, to a government servant in permanent or quasi-permanent employ other than a military officer, limited to a maximum of 360 days during the entire service on medical certificate. Rule 40(3) pays it at half the earned-leave leave salary, the same rate as ordinary half pay leave, because that is what it is.
Three conditions attach to every grant. Rule 31(1)(a) requires the competent authority to be satisfied that there is a reasonable prospect of the servant returning to duty on the expiry of the leave. Rule 31(1)(b) limits the grant to the half pay leave the servant is likely to earn thereafter, which ties the advance to the service remaining. Rule 31(1)(c) debits it against the half pay leave the servant earns subsequently, so the account runs at a negative balance until the advance is worked off.
Rule 31(1-A), inserted by DoPT Notification No. 11012/1/85-Estt.(L) dated 6 June 1988, extends leave not due to a temporary government servant on narrower terms. The servant must be suffering from tuberculosis, leprosy, cancer or mental illness, must have put in a minimum of one year of service, must hold a post likely to last till the return to duty, and must support the request with a medical certificate as envisaged in clauses (c) and (d) of Rule 32(2). The 360-day career ceiling and the three conditions in Rule 31(1) apply as well.
The recovery is sharper than it is for commuted leave. Rule 31(2)(a) provides that where a servant granted leave not due resigns or is permitted at his request to retire voluntarily without returning to duty, the leave not due is cancelled, the resignation or retirement takes effect from the date on which the leave commenced, and the leave salary is recovered. Rule 31(2)(b) covers the servant who does return but resigns or retires before earning the leave back, and makes him liable to refund the leave salary to the extent the leave has not been earned subsequently.
Two provisos remove the recovery. The first bars it where the retirement is by reason of ill-health incapacitating the servant for further service, or in the event of death. The second, inserted by MHA Notification No. 6(9)-E.IV(A)/76 dated 31 December 1980, bars it where the servant is compulsorily retired prematurely under Rule 48(1)(b) of the CCS (Pension) Rules, or is retired under Fundamental Rule 56(j) or Fundamental Rule 56(l).
| Feature | Half pay leave, Rule 29 | Commuted leave, Rule 30 | Leave not due, Rule 31 |
|---|---|---|---|
| Leave salary | Half, Rule 40(3) | Full, Rule 40(4) | Half, Rule 40(3) |
| Debit against the account | One day for one | Two days for one | Against leave earned later |
| Medical certificate | Not required, Rule 29(4) | Required, except on four routes | Required |
| Ceiling | None on accumulation | Half the balance due | 360 days in the entire service |
| Open to a temporary servant | Yes | Yes | Only on four named illnesses |
| Recovery on leaving without returning | None | Difference in leave salary | Leave salary, and the leave is cancelled |
Combination, conversion and the five-year limit
Half pay leave may be granted in combination with or in continuation of any other kind of leave, under Rule 11 of the CCS (Leave) Rules, 1972, except as the Rules otherwise provide. The Explanation carves out casual leave, which is not recognised as leave under the Rules and may not be combined with any leave admissible under them. So a spell of earned leave running into half pay leave running into extraordinary leave is one authorised absence, and that sequence is the ordinary shape of a long illness.
Rule 10(1) allows a spell already taken to be converted. At the request of the government servant, the authority which granted the leave may commute it retrospectively into leave of a different kind which was due and admissible at the time the leave was granted, though the servant cannot claim the commutation as a matter of right. The proviso inserted by DoPT Notification No. 14015/2/97-Estt.(L) dated 31 December 1997 requires the request to reach that authority, or another authority designated for the purpose, within 30 days of the servant joining duty on the expiry of the spell.
The money follows the conversion. Rule 10(2) makes the commutation subject to adjustment of leave salary on the basis of the leave finally granted, so any excess paid is recovered and any arrears due are paid. Converting a period of extraordinary leave into half pay leave therefore produces an arrear, because the rate moves from nil under Rule 40(5) to half the Rule 40(1) amount under Rule 40(3). A Note to Rule 10(2) adds that extraordinary leave granted on medical certificate or otherwise may be commuted retrospectively into leave not due, subject to Rule 31.
Rule 12(1) is the outer boundary for every head, half pay leave included: no government servant shall be granted leave of any kind for a continuous period exceeding five years. Rule 12(2), substituted by DoPT Notification No. 13026/2/2010-Estt.(L) dated 29 March 2012, deems a servant who remains absent from duty for a continuous period exceeding five years, other than on foreign service and whether with leave or without it, to have resigned from government service, after a reasonable opportunity to explain the reasons for the absence.
Returning from a medical spell needs a certificate. Rule 24(3)(a) bars a government servant who has taken leave on medical certificate from returning to duty until he has produced a medical certificate of fitness in Form 5, and Rule 24(3)(b) requires that certificate to come from a Medical Board in the case of a gazetted officer, with exceptions where the leave was for not more than three months or where the Board has already said a further appearance is not needed.
Effect on pension, increment and provident fund
Half pay leave counts in full as qualifying service for pension. Rule 21 of the CCS (Pension) Rules, 2021 counts all leave during service for which leave salary is payable, and Rule 40(3) of the CCS (Leave) Rules, 1972 makes half the earned-leave leave salary payable throughout half pay leave. The half rate does not produce a half count: a year of half pay leave is a year of qualifying service, exactly as a year of earned leave is. Extraordinary leave is the head that turns on the certificate, counting under Rule 21 when granted on a medical certificate and otherwise only where the appointing authority allowed it at the time of the grant.
The annual increment is likewise untouched. Fundamental Rule 26(b)(ii) excludes from the increment only extraordinary leave taken otherwise than on a medical certificate, so half pay leave, commuted leave and leave not due all count towards the six months of qualifying service a stage requires. An employee who spends four months on half pay leave in a year draws the increment on the normal date.
The General Provident Fund is the one head where the servant has a choice, and silence is not neutral. The first proviso to Rule 7(1) of the General Provident Fund (Central Services) Rules, 1960 permits a subscriber, at his option, not to subscribe during leave which carries no leave salary or leave salary equal to or less than half pay, and half pay leave falls squarely in that description. Rule 7(2) requires the election not to subscribe to be intimated by making no deduction in the first pay bill drawn after proceeding on leave, for an officer who draws his own bills, or by written communication to the Head of Office before proceeding on leave for everyone else, and it deems a failure to make due and timely intimation to be an election to subscribe. The election, once intimated, is final for that spell.
Where the option is exercised for part of a month, the subscription is prorated. The second proviso to Rule 8(4) of the same Rules makes the subscription proportionate to the days on duty for a subscriber who is on leave without pay or on half pay for part of a month and has elected not to subscribe. The accumulated balance earns interest throughout, whichever way the election goes.
Allowances during the leave
House rent allowance continues at the pre-leave rate for 180 days. Paragraph 6.1.1 of the Department of Expenditure master order of 30 December 2022, issued in supersession of all earlier instructions on entitlement, allows house rent allowance during total leave of all kinds under the CCS (Leave) Rules, half pay leave included, not exceeding 180 days. Beyond 180 days it continues only against the certificate in Annexure III to that order, and the limit extends to 8 months where the leave is on medical certificate for tuberculosis, cancer or other ailments. Terminal leave carries no house rent allowance at all.
Transport allowance turns on a different unit, the whole calendar month. It is not admissible for a calendar month wholly covered by leave, which means a spell of half pay leave from 3 March to 20 March costs nothing and the full month’s allowance is paid, while a spell covering the whole of March costs the whole of that month’s allowance. Suspension is the head that is prorated rather than all-or-nothing; leave is not.
Dearness allowance is the allowance that moves with the leave salary rather than switching off. It is computed on the half pay leave salary under the dearness allowance orders, so the servant on basic pay of Rs. 50,000 at a rate of 60% draws Rs. 15,000 and not Rs. 30,000. The leave salary and the dearness allowance on it are salary for income tax, taxable in the year of receipt like any other salary payment.
Encashment on superannuation
Half pay leave is paid out at retirement, but only to fill the shortfall in earned leave. Rule 39(2)(a) of the CCS (Leave) Rules, 1972 requires the authority competent to grant leave, where a government servant retires on attaining the normal age prescribed for retirement, to issue an order suo motu granting the cash equivalent of leave salary for both earned leave and half pay leave at credit on the date of retirement, subject to a maximum of 300 days. The Note to Rule 39(2) states that overall limit expressly: the 300 days is a combined ceiling across the two heads, not 300 days of each.
The formula for the half pay leave component is in Rule 39(2)(b)(ii). The cash payment is the half pay leave salary admissible on the date of retirement, plus dearness allowance admissible on that date, divided by 30, multiplied by the number of days of half pay leave at credit, subject to the combined 300-day total. Because the numerator is the half pay leave salary and not the full pay, each day of half pay leave is worth half a day of earned leave in the payout.
Rule 39(2)(c) closes the obvious workaround: to make up the shortfall in earned leave, no commutation of half pay leave shall be permissible. A servant retiring with 240 days of earned leave and 200 days of half pay leave is paid for the 240 days of earned leave at the full-pay rate and for 60 days of half pay leave at the half-pay rate, and cannot convert 30 days of the half pay balance into 60 earned-leave-rate days. Rule 39(2)(b) and Rule 39(2)(c) were both substituted by DoPT Notification No. 11012/1/2009-Estt.(L) dated 1 December 2009, which is the notification that admitted half pay leave to the encashment and removed the deduction on account of pension and the pension equivalent of other retirement benefits that had previously reduced that component to little or nothing.
Two limits sit outside the formula. Rule 39(1) bars the grant of leave beyond the date of retirement, of final cessation of duties, of retirement on notice, or of resignation, so the balance can be encashed but not taken. Rule 39(3) allows the competent authority to withhold the whole or part of the cash equivalent of earned leave where a servant retires at the age of retirement while under suspension or while disciplinary or criminal proceedings are pending, releasing it after adjustment of government dues on the conclusion of the proceedings. The leave encashment article carries the computation and the income-tax treatment in full.
Encashment on death, invalidation and absorption
Three separate rules govern the payout where service ends other than at superannuation, and they do not all treat half pay leave alike. Rule 39-A pays the cash equivalent of leave salary for both earned leave and half pay leave at credit on the date of death of a servant who dies in service, not exceeding 300 days, computed as in Rule 39(2), to the family in the order set out in Rule 39-C. A Note added by Notification No. F. No. 11012/1/2009-Estt.(L) dated 1 December 2009 entitles the family to dearness allowance in addition, as per the orders issued separately.
Invalidation splits on the nature of the employment. Rule 39-B(1) allows a servant declared by a medical authority to be completely and permanently incapacitated for further service to be granted, suo motu, the cash equivalent for both earned leave and half pay leave at credit on the date of invalidation, subject to a maximum of 300 days and computed as in Rule 39(2). Rule 39-B(2) then denies the half pay leave component to a servant who is not in permanent or quasi-permanent employ. A temporary servant invalidated out of service is paid for earned leave alone.
Permanent absorption pays nothing for half pay leave. Rule 39-D, inserted by DoPT Notification No. 13026/2/90-Estt.(L) dated 22 October 1990, grants a servant permitted to be absorbed in a corporation or company wholly or substantially owned or controlled by the Central or a State Government, or a body controlled or financed by such a government, the cash equivalent in respect of earned leave alone, subject to a maximum of 300 days. The Note added by DoPT Notification No. 13026/3/2011-Estt.(L) dated 28 March 2012 defines permanent absorption as appointment to a public sector undertaking or autonomous body applied for through proper channel followed by resignation from government service. An accumulated half pay leave balance is therefore worth nothing on permanent absorption and is worth its half-rate cash value on superannuation, which is a reason the two exits are not financially equivalent.
Rule 39-C lists the 11 claimants in order where the servant dies before receiving a payment due under Rule 39, Rule 39-A or Rule 39-B, beginning with the widow, or the eldest surviving widow by date of marriage where there is more than one, or the husband where the deceased was a female government servant, and running through sons, unmarried and widowed daughters, the father, the mother, married daughters, brothers below 18, sisters, and the eldest child of the eldest predeceased son.
Who is credited and who is not
Rule 29(1) credits every government servant other than two excluded classes. Military officers are outside it, being governed by their own leave rules. Government servants serving in a Vacation Department are outside it under the substitution made by the CCS (Leave) (Fourth Amendment) Rules, 2018, G.S.R. 1209(E), notified by DoPT Notification No. 11020/01/2017-Estt.(L) dated 11 December 2018, and Rule 28 as substituted by the same amendment gives them earned leave in lieu, on a base of 10 days plus a share of 20 days in proportion to the vacation not taken, capped at 30. The vacation department leave article carries that scale.
Temporary service is credited on the same terms as permanent service. Rule 29(1) attaches no condition of permanency to the credit, so a temporary servant accrues 20 days a year exactly as a permanent one does. The distinction between the two appears further along the chain, not at the credit: Rule 31(1) confines leave not due to permanent or quasi-permanent employ, and Rule 39-B(2) denies the half pay leave component of the invalidation encashment to a servant outside that employ.
Rule 33 places probationers and apprentices differently. Rule 33(1)(a) entitles a probationer to leave under the Rules if he had held his post substantively otherwise than on probation, and Rule 33(1)(b) bars leave extending beyond the expiry of the sanctioned or extended probation period, or beyond an earlier date of termination. Rule 33(2) entitles a person appointed to a post on probation to leave as a temporary or a permanent servant according as the appointment is against a temporary or a permanent post, with a proviso treating him as permanent where he already holds a lien on a permanent post. Rule 33(3) gives an apprentice only leave on medical certificate at a leave salary equivalent to half pay for not more than one month in any year of apprenticeship, and extraordinary leave under Rule 32.
Re-employment resets the account. Rule 34 provides that in the case of a person re-employed after retirement, the Rules apply as if he had entered government service for the first time on the date of his re-employment, so the half pay leave account starts empty and is credited from that date under Rule 29.
When the account runs out
A serious illness can outlast the whole half-pay side of the leave code, and the point at which it does is the point at which the pension rules take over. An employee draws down the half pay leave account at half pay, or at double speed and full pay through commuted leave on a medical certificate, and may take leave not due in advance once the balance is exhausted, subject to the 360-day career ceiling in Rule 31(1). When the leave not due is spent as well, extraordinary leave under Rule 32 keeps the absence authorised at no leave salary, up to the five-year outer limit in Rule 12(1).
Where a medical authority certifies permanent and complete incapacity for further service, the employee is retired on invalidation and draws an invalid pension, which is granted on the medical exit regardless of the length of service. Rule 39-B(1) pays the cash equivalent for earned leave and half pay leave at credit on that date, up to 300 days, for a servant in permanent or quasi-permanent employ. A large half pay leave balance therefore funds the long recovery that duty can survive, and where the illness proves permanent it converts into a payment on the way out.
Comparison with the other leaves
Each head answers a different need at a different price, and the pattern is a ladder of pay against availability.
| Leave | Rule | Leave salary | Accrual | Ceiling |
|---|---|---|---|---|
| Casual leave | Not leave under the Rules | Full pay, a concession | 8 days a year | Lapses at the year end |
| Earned leave | 26 | Full, Rule 40(1) | 30 days a year | 300 days accumulation |
| Half pay leave | 29 | Half, Rule 40(3) | 20 days a year | None on accumulation |
| Commuted leave | 30 | Full, Rule 40(4) | Drawn from half pay leave, two days for one | Half the half pay leave due |
| Leave not due | 31 | Half, Rule 40(3) | Advance against future half pay leave | 360 days in the entire service |
| Extraordinary leave | 32 | Nil, Rule 40(5) | Not accrued | Rule 12(1) five-year limit |
Casual leave is full pay but small, and the Explanation to Rule 11 keeps it out of the Rules entirely. Earned leave is full pay under Rule 40(1) but capped at 300 days, which makes it the leave of the planned absence and the retirement payout. Half pay leave is half pay under Rule 40(3) and uncapped, which makes it the reserve. Extraordinary leave pays nothing under Rule 40(5) and is what remains when the accounts are empty. The ordinary sequence on a long absence runs earned leave, then half pay leave, then extraordinary leave, with commuted leave and leave not due sitting inside the half pay leave rung to vary the rate and the timing.
Frequently Asked Questions (FAQs)
What is half pay leave?
How is half pay leave credited?
How much is the leave salary during half pay leave?
Does extraordinary leave reduce the half pay leave credit?
What is the difference between half pay leave and commuted leave?
Is there a limit on how much half pay leave can be accumulated?
Is leave not due granted for private affairs?
Can half pay leave be encashed on retirement?
Is half pay leave encashed on death or on invalidation?
Does half pay leave count for pension and for the annual increment?
Does GPF subscription continue during half pay leave?
Is house rent allowance paid during half pay leave?
Who does not get half pay leave?
What happens if an employee stays away after the leave expires?
How long can half pay leave run at a stretch?
Related Articles
- CCS (Leave) Rules 1972
- Earned leave
- Casual leave
- Commuted leave
- Leave not due
- Extraordinary leave
- Leave salary
- Leave encashment
- Child care leave
- Child adoption leave
- Maternity leave for central government employees
- Study leave
- Special disability leave
- Hospital leave
- Work related illness and injury leave
- Quarantine leave
- Vacation department leave
- Joining time
- Medical certificate for leave
- Dies non
- Suspension
- Probation in central government service
- Re-employment after retirement
- Permanent absorption
- Qualifying service
- Annual increment
- Fundamental Rules
- Invalid pension
- Superannuation
- Voluntary retirement
- Compulsory retirement
- Central government pension
- General Provident Fund
- Employees’ State Insurance
- Dearness allowance
- House rent allowance
- Transport allowance
- Basic pay
- Pay matrix
- Take-home salary for central government employees
- Department of Personnel and Training
- Central government employees in India
- 7th Central Pay Commission
External references
- Department of Personnel and Training, consolidated CCS (Leave) Rules, 1972, updated as on 24 September 2024
- Department of Personnel and Training
- Department of Expenditure
- Department of Pension and Pensioners’ Welfare
- Pensioners’ Portal
- Comptroller and Auditor General of India
References
- Central Civil Services (Leave) Rules, 1972, Rule 29 (half pay leave): sub-rule (1) as substituted by the CCS (Leave) (Fourth Amendment) Rules, 2018, G.S.R. 1209(E), notified by DoPT Notification No. 11020/01/2017-Estt.(L) dated 11 December 2018, sub-rules (2)(a) and (2)(b), sub-rules (2)(c) and (2)(ca) as inserted by DoPT Notification No. 13026/01/2010-Estt.(L) dated 12 May 2011, sub-rule (2)(d) and sub-rule (5) as inserted by DoPT Notification No. 13014/1/87-Estt.(L) dated 16 June 1987, sub-rule (3) on departmental leave under Rule 49, and sub-rule (4) as inserted by DoPT Notification No. 13014/1/85-Estt.(L) dated 3 December 1985.
- Central Civil Services (Leave) Rules, 1972, Rule 40 (leave salary), sub-rules (1), (3), (4), (5), (7)(c), (8) and (9)(a), with the Note to sub-rule (1) on foreign service out of India.
- Central Civil Services (Leave) Rules, 1972, Rule 30 (commuted leave), including sub-rule (1)(a) and (1)(d), the deletion of clauses (b), (c) and (e) by MoF Notification No. 16(5)-E.IV(A)/74 dated 11 April 1975, sub-rule (1-A) on the 180-day study route, sub-rule (2) and its proviso, and the Note on commutation while earned leave is due.
- Central Civil Services (Leave) Rules, 1972, Rule 31 (leave not due), including sub-rule (1) and its clauses (a) to (c), sub-rule (1-A) as inserted by DoPT Notification No. 11012/1/85-Estt.(L) dated 6 June 1988, sub-rule (2)(a) and (2)(b), and the second proviso inserted by MHA Notification No. 6(9)-E.IV(A)/76 dated 31 December 1980.
- Central Civil Services (Leave) Rules, 1972, Rules 39, 39-A, 39-B, 39-C and 39-D on the cash equivalent of leave salary, with Rule 39(2)(b) and Rule 39(2)(c) as substituted by DoPT Notification No. 11012/1/2009-Estt.(L) dated 1 December 2009 and Rule 39-D as inserted by DoPT Notification No. 13026/2/90-Estt.(L) dated 22 October 1990.
- Central Civil Services (Leave) Rules, 1972, Rule 10 (commutation of one kind of leave into another) with the 30-day proviso inserted by DoPT Notification No. 14015/2/97-Estt.(L) dated 31 December 1997, Rule 11 (combination of different kinds of leave), Rule 12 (maximum amount of continuous leave) as substituted by DoPT Notification No. 13026/2/2010-Estt.(L) dated 29 March 2012, Rule 24(3) (medical certificate of fitness in Form 5), Rule 25 (absence after expiry of leave), Rule 27(3) (reduction of the earned leave credit), Rule 33 (leave to a probationer, a person on probation and an apprentice), Rule 34 (persons re-employed after retirement), and Rule 49 (departmental leave).
- Central Civil Services (Leave) Rules, 1972, Rule 43(4)(b), Rule 43-B(3)(b) and Rule 43-C(6), each allowing commuted leave not exceeding 60 days without a medical certificate in continuation of maternity leave, child adoption leave and child care leave respectively.
- Central Civil Services (Pension) Rules, 2021, Rule 21 (leave counting as qualifying service), and Rule 48(1)(b) of the Central Civil Services (Pension) Rules referred to in the second proviso to Rule 31(2).
- General Provident Fund (Central Services) Rules, 1960, Rule 7(1) and its first proviso, Rule 7(2) and the second proviso to Rule 8(4), on subscription during leave carrying leave salary equal to or less than half pay.
- Fundamental Rule 26(b)(ii) on leave counting for the annual increment, and Fundamental Rules 56(j) and 56(l) referred to in the second proviso to Rule 31(2).
- Department of Expenditure Office Memorandum dated 30 December 2022, the consolidated master order on house rent allowance, paragraph 6.1.1 on the allowance during leave and Annexure III.
- Employees’ State Insurance Act, 1948 (34 of 1948), referred to in Rule 40(8) of the Central Civil Services (Leave) Rules, 1972.