LEAVE

SECTION 1 – DEFINITIONS AND GENERAL

SECTION 2 – LEAVE RULES FOR OFFICERS

SECTION 3 – MISCELLANEOUS LEAVE RULES FOR OFFICERS HOLDING SENIOR POSTS

SECTION 1 — DEFINITIONS AND GENERAL

Definitions

13101 — In this chapter the following terms are used with the following meanings:

Authorized Leave — "Authorized Leave' is the vacation leave actually granted on any particular occasion, together with any authorized extension thereof.

Leave address — A Place in Nigeria where an officer will be spending his leave.

Deferred Leave — "Deferred Leave" is vacation leave which an officer is permitted to carry forward to h occasion subsequent to that immediately following the year of tour in respect of which it was due.

Earned Leave - "Earned Leave" is the vacation leave due in respect of the tour immediately preceding the occasion on which it is enjoyed.

Leave - Unless otherwise stated in the context "Leave" means leave with full salary.

Leave-earning Service — "Leave — earning Service" is a tour and any other period of duty which the Government may approve to be leave-earning service.

Local Leave - "Local Leave" is vacation leave with leave transport grant limited to journeys to and from a place within the Federal Republic of Nigeria.

Overseas Leave — "Overseas Leave" is vacation leave enjoyed overseas.

Resumption of Duty - The date of resumption of duty of an officer returning from leave is the date on which he reports for duty at the place specified for this purpose by his Permanent Secretary/Head of Extra Ministerial Department.

Tour — A "Tour" is the period of service between the date of assumption or resumption of duty and the end of the tour, both days inclusive.

Vacation Leave – “Vacation Leave" is leave with full salary following a tour at the rates quoted in Rule 13206.

Leave Year - The term "Leave Year" is the period between 1st January and the 31st December, of the same year.

GENERAL

Annual vacation leave is compulsory

13102 - Annual vacation leave is compulsory. No officer shall be required or allowed to take working leave, whereby the officer reports for duty during his approved leave period. All officers must therefore, take their vacation leave within the calendar year in which such leave is due. Where it is not possible for the officer to exhaust his leave before the 31st of December, of that year, he shall be allowed to exhaust his leave entitlement before the 1st of February, of the following calendar year.

Deferment of Leave

13103 - (a) Any vacation leave not exhausted in accordance with Rule 13102 above shall be deemed forfeited. However, due to the exigencies of the service the following officers may be allowed to defer their leave.

1. Officers on National assignments, e.g. Tribunals, conferences, etc.;
2. Officers who were made to accumulate their leave by their Permanent Secretaries/Heads of Extra-Ministerial Departments.

(b) (i) Any leave approved for deferment in accordance with (a) above shall be spent before the officer's retirement.

1. . (ii) Authorized deferred leave may be commuted to cash only where an officer has been made to retire prematurely and cannot spend all his deferred leave before his retirement. No serving officer shall be allowed to commute to cash at the time of retirement any deferred leave.

Authority for Leave

13104 – Permanent of Secretaries/Heads Extra-Ministerial Departments are authorized to approve such leave as is permissible under this chapter to officers under their control.

Dismissal.

13105 - Officers who are dismissed shall not be granted leave.

Leave to be on working days only.

13106 - Annual vacation leave shall be based on working days only.

Leave inclusive of Saturdays, Sundays and Public Holidays.

13107 - The period of any other leave such as casual leave, sick leave, maternity leave, etc, granted under these rules shall be inclusive of Saturday, Sundays and Public Holidays occurring therein.

ACTION BY PERMANENT SECRETARIES/HEAD OF EXTRA-MINISTERIAL DEPARTMENTS

Leave roster.

13108 - In order to maintain uniformly, the proper proportion of officers on duty and to ensure that all officers are granted the amount of leave for which they will be eligible during the leave year at the times most convenient to the Civil Service, Permanent Secretaries/Heads of Extra Ministerial Departments are required to prepare and maintain leave rosters in respect of annual vacation leave for all officers in their Ministries/Extra Ministerial Departments. Such leave rosters should be prepared during the first quarter of the leave year. The Permanent Secretary/Head of Extra-Ministerial Department will then notify all officers when it will be convenient for the officers to proceed on annual leave. Such notification should be made before the end of April of any leave year except in the case of an officer joining the service during the course of the leave year, in which case Rule 13208 shall apply.

Leave of Permanent Secretaries/Heads of Extra Ministerial Departments.

**13109 **– Permanent Secretaries/Heads of Extra Ministerial Departments shall notify beforehand the Head of Service of the Abia state Civil Service of the date on which they propose to go on leave.

Leave without pay to be reported to the Treasury and Audit.

**13110 **– When an officer is granted leave without pay, his Permanent Secretary/Head of Extra-Ministerial Department shall report the fact to the Auditor-General of the State and the Accountant-General of the State where appropriate, quoting the name, rank, and station of the officer and full details of the leave granted.

Temporary Staff

**13111 **­– Temporary Staff may be granted vacation leave, sick leave, leave to take examinations, casual leave and have to take part in sporting contests in accordance with the relevant Rules in Sections 3 and 4 of this chapter.

EXTENTIONS OF LEAVE

Count against Deferred Leave

**13112 **­– Any extension of leave granted under the following Rules will be deducted from any vacation, annual or deferred leave due to the officer at the time the extension is granted.

Special leave for courses of study

**13113 **– An officer may be granted, by the Government, special leave without salary for the purpose of undertaking a course of study which is considered likely materially to enhance his value to Government. Such leave will be subject to such conditions as may be specified at the time at the time it is granted. If the recipient has been awarded by Government a scholarship, a bursary, a training course of “study leave”, in respect of the relevant course of study, leave granted under this Rule will be treated, for the purpose of calculating retiring benefits as having been granted on the grounds of public policy.

Duty during service

13114 - If an officer is required, in the course of his vacation leave, to undertake any duty, such period of duty shall not be reckoned against the officer's leave entitlement.

Special courses of instruction

13115 - An officer attending a course of instruction to which special conditions apply will be granted such extension of leave as is allowed by the conditions in question.

Public policy

13116 - Extensions of leave may be granted by the Abia State Government or its accredited representative on the grounds of public policy. Unless otherwise directed such extensions will be on full salary.

Urgent private affairs

13117 - An officer on vacation leave may, in exceptional circumstances, be granted an extension of leave on the ground of urgent private affairs on full salary up to the expiration of all his deferred leave and thereafter without salary.

Application for extension

13118 - An officer on vacation leave who wishes to apply for an extension thereof should address his application, to his Permanent Secretary/Head of Extra-Ministerial Department.

Place of leave

13119 - An officer spending his leave within or outside Nigeria must furnish his Permanent Secretary/Head of Extra-Ministerial Department with his intended destination or leave address.

Leave for cultural and sporting activities

13120 - An officer may be granted leave by his Ministry/Extra- Ministerial Department for the purpose of taking part in any Cultural/Sporting event and such leave shall be determined as follows:

1. number of days required for the actual activity;
2. number of days required for traveling to and from the place arranged for the event;
3. any number of days in excess of (a) and (b) above-mentioned, which are certified as necessary by the appropriate cultural/Sports Council, shall be allowed. An officer granted leave under this Rule will not be eligible for transport at Government expense.

Casual leave

**13121 **- Officers may be granted, at the discretion of Permanent Secretaries/Heads of Extra-Ministerial Departments, occasional permission to absent themselves from duty for a few days without loss of salary, provided that if an officer is permitted to leave his station on such casual leave it shall be at his own expense. Casual leave in excess of seven days in any leave year may not be given by a Head of Department without the specific approval of the Permanent Secretary Bureau of Establishments, Office of the Head of Service.

SECTION 2 - LEAVE RULES FOR PENSIONABLE OFFICERS

Normal grant of Annual Leave

13201 - Annual leave will be granted at any time during the leave year. Normally, the full leave will be taken at one time but it may be taken in instalments. Any leave not taken within the calendar year concerned will be forgone and forfeited. No officer is allowed to accumulate leave. Where, however, exceptional circumstances so require, a letter to this effect personally signed by the Permanent Secretary/Head of Extra-Ministerial Department will be submitted to the Permanent Secretary, Bureau of Establishments, Office of the Head of Service for approval. In any event where deferment is approved such deferred leave must be taken before the officer retires from the service or be forfeited.

GRANT OF ANNUAL LEAVE IN EXCEPTIONAL CASES

On Retirement

13202 - An officer who retires in circumstances in which he is eligible for retiring benefits before he has completed the full leave year may be granted a proportion of his vacation leave prior to retirement. (see Rule 13206).

On Permanent invalidation

13203 - When a Medical Board recommends that an officer should be permanently invalided he will forthwith commence vacation leave prior to retirement. The amount of leave granted will be either:

1. his deferred leave, if any, plus the proportion of his annual leave calculated in accordance with Rule 13206; or
2. two months; whichever is the greater amount. It will commence on the day on which the Medical Board recommends permanent invalidation and retirement will take effect from its expiration.

Leave to attend important trade union conferences/business

13204 – Provided that it will not interfere unduly with the work of his Ministry/Extra-Ministrial¬ Department, an officer who is an official of registered trade union may be granted casual leave under Rule 13121 and if necessary a special extension of such leave to attend an important trade union conference/business. The period of the casual leave shall be clearly stated in the letter of approval.

Pro-rata calculation

13205 – An officer may be granted vacation leave, which may be taken in installments at any time in a leave year at the following rates:

GL. 08 and above 30 working days

GL. 04 – 07 21 working days

GL. 01 – 03 14 working days

Action by Head of Department

13206 –

1. Proportionate leave under Rules 13202 to 13204, 13209 and 13210, will be reckoned at the appropriate rates shown in the ready reckoner at the end of this Chapter in respect of each completed month’s service. No period of service less than one month will be reckoned for proportionate leave.
2. In any case where it is established that an officer has enjoyed more than the proportionate leave for which he is eligible, the cost of the excess leave will be recovered from any benefit accruing to him or from him directly as a debt due to Government.
3. Annual leave entitlement will be at the rate applicable to the officer’s substantive basic salary on the first of January of the leave year concerned and will not be subject to any increase.

Action by the officer

13207 –

1. It is the responsibility of every officer to indicate to his Permanent Secretary/Head of Extra-Ministerial Department during the month of January of each year the date when, subject to the exigencies of the service, he would want to take his annual leave during the leave year.
2. It is the responsibility of every Permanent Secretary/Head of Extra-Ministerial Department to approve the leave roster not later than 31st March of the leave year.

Conditions of leave for new entrants

13208 - An officer who joins the Abia State Civil Service during the course of a leave year and who has not served for a minimum period of six months will not normally be granted vacation leave but his pro- rata leave will be carried over to the following year. If however, under exceptional circumstances, such officer is allowed to proceed on leave, he shall not be entitled to leave transport grant/allowance.

CURTAILMENT OF LEAVE

At Government request

13209 - An officer may with the consent of the Permanent Secretary, Bureau of Establishments, office of the Head of Service be required to return to duty before the expiration of his authorized leave. In requesting such consent, the Permanent Secretary/Head of Extra- Ministerial Department of the officer shall state the peculiar circumstances of the case. Any portion of his leave so curtailed shall be taken at a later date in accordance with Rule 13201.

At officer’s request

13210 – When an officer is permitted by the Permanent Secretary, Bureau of Establishment, office of the Head of Service at his own request to return to duty before the expiration of his authorized leave, the authorized leave thus foregone will be forfeited.

LEAVE ALLOWANCE

Entitlement to leave allowances

13211 - An officer whether serving at a station away from his home place or serving at his home place when granted annual leave shall be provided with leave allowance at the prevailing rates.

Rate of allowances

13212 - Leave allowance shall be 10% of Annual salary.

Rate not variable during leave year

13213 – Leave allowance will be payable at the rate applicable to an officer's substantive basic salary on the first of January of the leave year concerned and will not be subject to an increase during the course of the year on account of increments, promotions or for any other reasons.

Overseas vacation leave

13214 - Officers are not eligible for vacation leave overseas; but in any case where an officer holding a senior post is required to proceed overseas on duty or on a course of instruction, he may be permitted to take any earned leave for which he is eligible in the country to which he is required to travel at the end of the overseas duty or course of instruction. The period of the journeys to and fro is included in the leave period. The wife of such an officer is not eligible for free passage at public expense, except where the period of the duty or course of instruction is not less than nine months.

Vacation leave abroad

13215 - An officer who desires to spend his vacation leave abroad at his own expense shall inform his Permanent Secretary/Head of Extra- potter Ministerial Department before proceeding on leave. The Permanent Secretary/Head of Extra-Ministerial Department shall inform the Head of Service Abia State accordingly.

Return from Vacation leave

13216 - An officer is required to resume duty after vacation leave on the day following the expiration of his authorized leave.

Over staying leave

13217 - An officer who, without an acceptable excuse, fails to resume duty after vacation leave will be regarded as absent without leave (see Rule 04412) and without pay. The period of absence may not be set off against any future leave nor, save with Government permission against any deferred leave already standing to the officer's credit. No officer may extend his vacation leave beyond the date specified in his leave advice without the consent of his Permanent Secretary/Head of Extra-Ministerial Department.

SECTION 3- MISCELLANEOUS LEAVE RULES FOR OFFICERS HOLDING SENIOR POSTS

Definitions

13301 - In this section, the word "officer" means a staff on GL. 07 and above.

Procedure on return from leave

13302 - On return from annual or vacation leave, every officer must complete and submit a Resumption of Duty Certificate (Form L. 10) to his Permanent Secretary/Head of Extra-Ministerial Department who will confirm its accuracy and endorse it to the Permanent Secretary Bureau of Establishments, office of the Head of Service.

Transport within Nigeria

**13303 **- The transport facilities within Nigerian for which an officer is of Transport eligible when assuming duty, proceeding on transfer or on duty, are specified in chapter 15.

SECTION 4 - LEAVE TO TAKE EXAMINATION

Period

13401 - The period of leave allowed for the purpose of taking an examination will be limited to the shortest period which will allow the officer to reach the appointed place, sit the examination and return to his station.

Non - compulsory examinations

13402 - An officer may be allowed special leave on full pay with free transport facilities to take an examination the passing of which is not a condition of his current appointment, provided that his Permanent Secretary/Head of Extra-Ministerial Department certifies:

1. that he is industrious and efficient in the performance of his duties.
2. that his general value to the Ministry/Department justifies the concession and
3. that the passing of the examination is likely to enhance his value to the service

Subject always to the limit specified in Rule 13401, leave on full pay in excess of six days may be granted under this Rule on condition that period in excess of six days be deducted from the officer's subsequent vacation leave.

**13404 **- An officer may be allowed leave on full pay to take an examination the passing of which is not a condition of his current appointment, provided that the whole period is deducted from his subsequent vacation leave. An officer granted leave under this Rule will not be eligible for transport at Government expense.

**13405 **– An officer who has submitted an application for a Government scholarship and has obtained a minimum educational qualification of West African School Certificate may be allowed special leave, with free transport facilities to take an entrance examination to a University, provided that his Permanent Secretary/Head of Extra-Ministerial Department certifies that he has demonstrated his ability to undertake the course of study proposed in que, as bank his scholarship application.

University entrance examination

13406 - An officer who wishes to take University entrance examination in order to secure entrance to the university for the purpose of taking a degree course at private expense may be allowed leave on full pay to take the examination on condition that the whole period is deducted from his subsequent vacation leave. An officer granted leave under this Rule will not be eligible for transport at ON Government Expense.

APPENDIX 13

READY RECKONER FOR PRO-RATA LEAVE

CALCULATION (see Rule 13206)

Any period of service under 30 Days is Not Reckonable.