Types of Leave OF Federal government employees in Pakistan are primarily governed by the Civil Servants Act, 1973

Federal government employees in Pakistan are primarily governed by the Civil Servants Act, 1973 and various rules and regulations established by the Federal Government. Below is n overview of the leave rules applicable to federal government employees:

Types of Leave

1. Earned Leave (EL):

   - Employees can earn one day of leave for every eleven days of service completed in a calendar year.

   - Maximum accumulation is usually capped at 365 days.

   - Earned leave can be encashed upon retirement or resignation.

2. Casual Leave (CL):

   - Entitlement to up to 10 days of casual leave per calendar year.

   - Casual leave is generally non-cumulative and must be applied for in advance, except in emergencies.

3. Sick Leave (SL):

   - Employees are entitled to medical leave for sickness, usually up to 180 days with full pay, and an additional 600 days on half pay, subject to medical verification.

   - A medical certificate must be provided for sick leave exceeding a certain number of days (typically 3 days).

4. Maternity Leave (ML):

   - Female employees are entitled to 90 days of maternity leave with full pay, which can be availed before or after childbirth.

5. Special Leave:

   - Special leave may be granted for purposes such as higher studies, personal emergencies, or for attending to urgent family matters. The duration and entitlement vary based on the approval of authorities.

6. Child Care Leave:

   - Female employees are allowed 03 years of child care leave to look after a child under the age of 18. This leave may be granted in combination with other types of leave.

7. Study Leave:

   - Employees are eligible for study leave for educational pursuits or advanced training relevant to their job. The duration depends on the course of study and departmental approval.

8. Leave Without Pay:

   - Employees can apply for leave without pay for personal reasons, subject to approval and certain limitations.

#Application Process

- Employees must submit leave applications through the appropriate channels, generally through their immediate supervisor or HR department.

- Detailed reasons and any required documentation (e.g., medical certificates) should accompany leave applications, especially for leave types exceeding a specific duration.

#Relevant Rules and Notifications

- The leave entitlements and procedures are further delineated in the Federal Leave Rules, 1980 and other departmental regulations.

- Notifications and updates about leave policies are also circulated by the Establishment Division of the Government of Pakistan.

#Important Considerations

- Certain conditions may apply for taking leave, including limits on the number of days that can be taken consecutively.

- Misuse of leave policies can lead to disciplinary action against employees.

Relevant Provisions of Laws

1. Casual Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 4 provides that a government employee is entitled to 10 days of casual leave in one calendar year.
    • Casual leave cannot be combined with other types of leave and may be availed without prior approval if the need arises, but should be reported as soon as possible.

2. Earned Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 5 outlines that a government employee is entitled to earned leave at the rate of 1 day for every 11 days of service.
    • An employee can accumulate earned leave up to a maximum of 180 days. Leave beyond this limit is forfeited, subject to certain exceptions.

3. Sick Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 6 permits sick leave for a maximum of 180 days in a year.
    • Sick leave can be granted upon the presentation of a medical certificate issued by a qualified medical practitioner.

4. Maternity Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 7 specifies that female employees are entitled to maternity leave of a maximum of 90 days on full pay.
    • This leave can be availed before or after childbirth, provided that the request is made through appropriate channels and substantiated with medical documentation.

5. Special Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 8 allows for special leave, which can be granted at the discretion of the competent authority for specific situations not covered by other leave types.
    • The duration and conditions are specified at the time of approval.

6. Study Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 9 provides for study leave for employees pursuing higher education or specialized training.
    • This leave may be granted for a period not exceeding two years, subject to service commitments and approval from the competent authority.

7. Examination Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 10 permits leave to employees to appear in examinations relevant to their professional development.
    • The duration is typically limited to the days of the examination and may be subject to conditions set by the organization.

8. Compensatory Leave

• Provisions:
  • Federal Leave Rules, 1980:
    • Rule 11 provides for compensatory leave for employees who work on public holidays or are required to work overtime.
    • The leave is granted in lieu of the extra hours worked and is to be availed within a specified timeframe.

Summary of Leave Procedures

• Application Process: The application for leave must be submitted to the appropriate authority with required documentation (e.g., medical certificates for sick leave, proof of examinations, etc.).
• Record Keeping: Employers are required to maintain accurate records of leaves taken by employees to ensure compliance with legal guidelines.

These provisions ensure that federal government employees have clearly defined rights and procedures regarding various types of leave, safeguarding their interests while maintaining the operational integrity of governmental functions.

1. Civil Servants Act, 1973

• This foundational law governs the service conditions of civil servants in Pakistan, including rules related to leave, discipline, and dismissal.
• Section 11 deals with leave entitlements and procedures.

2. Federal Leave Rules, 1980

• These rules provide detailed guidelines regarding various types of leave available to federal government employees, including Casual Leave, Earned Leave, and Maternity Leave.
• They outline the application processes, limitations, and conditions for taking leave.

3. Efficiency and Discipline (E&D) Rules

• Established to outline the procedures for disciplinary actions against government employees.
• They provide guidance on the grounds for dismissal and penalties in cases of misconduct, including fraud and misrepresentation.

4. Pakistan Employment Laws

• The Industrial Relations Ordinance, 1969, and the Employment Ordinance contain provisions relevant to the rights of employees in matters of dismissal and unfair treatment.

Case Laws on Leave Issues

1. Govt. of Punjab vs. Muhammad Tariq (2005)

• In this landmark case, the court ruled on the entitlement of casual leave. It emphasized the employee’s right to avail casual leave in response to personal exigencies without bureaucratic hindrance.

2. Muhammad Ashraf vs. Government of Pakistan (2006)

• This case focused on sick leave and the need for medical certification. The court reinforced that employees are entitled to sick leave if appropriately substantiated with a medical reason.

3. Popular Insurance Co. vs. FED (2000)

• An important case addressing leave encashment upon retirement, where the Supreme Court upheld the right of an employee to encash accumulated leave credits.

Fraudulent Dismissal of Bonafide Employees

1. Misrepresentation and Malafide Penalties

• The courts have repeatedly held that employees cannot be dismissed without a fair inquiry and that dismissal based on malafide intentions or jealousy constitutes a violation of their rights.
• Employees have the right to file appeals or grievances if dismissed on grounds lacking substantive proof or legitimate rationale.

2. Case Reference: Abdul Hakeem vs. Federation of Pakistan (2009)

• In this case, the Supreme Court ruled against the dismissal of an employee based on mere allegations of fraud without evidence. The court highlighted the due process required before imposing such severe penalties.

3. Case Reference: Muhammad Sarfraz vs. Government of Punjab (2010)

• This judgment emphasized protection against victimization in the workplace. The court reinstated an employee who was dismissed on allegations of misconduct without proper investigation, urging the need for impartiality in administrative actions.

Landmark Judgments on Malafide Actions and Office Politics

1. Saeed v. Islamabad Electric Supply Company (IESCO) (2014)

• The Supreme Court stated that any termination stemming from personal vendetta or office politics must be revisited and corrected, stressing the need for fair treatment in administrative actions.

2. Sakina Bibi vs. Federal Government (2003)

• The Supreme Court held that a dismissal must arise from credible evidence. The court ruled that actions taken out of professional jealousy and office conspiracies violate the fundamental rights of an individual.

3. Shahbaz Sharif vs. Nawaz Sharif (2016)

• In this constitutional review, the court addressed the issue of employee dismissal based on political affiliations or associations, reinforcing that such actions are unconstitutional and violate the principles of justice and fairness.

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Conclusion

Federal government employees in Pakistan are protected by several laws regarding leave, dismissal, and administrative penalties. Landmark judgments by the Supreme Court reinforce these protections and ensure that dismissals based on fraud, misrepresentation, or personal vendettas are scrutinized and that due process is observed. Employees wrongfully dismissed or penalized due to office politics have the right to seek redress through legal channels, and the judiciary has consistently upheld these rights

For comprehensive understanding and specific queries, employees are encouraged to consult HASAN RAZA KHAN ADVOCATE HIGH COURT CC NO.23933 CELL +923365156685 AND YASMEEN YASIN SANDHU ADVOCATE HIGH COURT CC NO 49547 CELL +923435161290 For relevant administrative rules set forth by the Federal Government.

1. "Explore the various types of leave available to federal government employees in Pakistan, including casual, earned, sick, and special leave."
2. "Learn about the legal provisions and entitlements for government employees regarding maternity leave and study leave."
3. "Understand the rules and guidelines governing employee leave in the federal government sector, ensuring your rights are protected."
4. "Find out how compensatory leave and examination leave work for federal employees in Pakistan."
5. "Get insights into federal leave policies, application processes, and record-keeping for government employees."

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5. #MaternityLeave
6. #EarnedLeave
7. #CasualLeave
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9. #PakistanGovernment
10. #HRPolicies
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12. #EmployeeBenefits
13. #WorkplaceRights
14. #StudyLeave
15. #CompensatoryLeave