Don't deny leave to disabled employees: Government tells departments

Leave applied on medical certificate in connection with disability of a government employee should not be refused or revoked, the Centre has said.

For a government servant who is unable to submit an application or medical certificate on account of disability, a family member is allowed to inform the office or submit required documents on his behalf, it said.

The Centre is in the process of notifying new rules to ensure equitable working atmosphere for persons with disabilities in government departments.

"Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a medical authority, whose advice shall be binding...

"Any leave debited for the period after a government servant is declared incapacitated shall be remitted back into his or her leave account," the Department of Personnel and Training (DoPT) said in an order.

As per rules, no employee can be terminated nor can he be reduced in rank in case the person has acquired a disability during his service. Even if such an employee is not suitable for the post he was holding, he could be shifted to some other post. However, his pay and service benefits would be protected, the rules said.

The rules also provides that if it is not possible to adjust such an employee against any post, he would be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

Further, no promotion shall be denied to a person merely on ground of his disability.

"For a government servant who is unable to submit an application or medical certificate on account of disability, an application or medical certificate submitted by a family member may be accepted.

"The provisions relating to examination of disabled government servants and the medical authorities competent to issue such certificates are also being amended," the DoPT said.