Work Related Illness and Injury Leave (WRIIL) and Special Leave for Sexual Harassment Inquiry

Some leave provisions in the CCS (Leave) Rules exist for very specific, serious situations — and are correspondingly less well-known simply because, hopefully, most employees never need them. This article covers two such provisions: Work Related Illness and Injury Leave (WRIIL) under Rule 44, for employees injured or made ill in the course of duty, and Special Leave under Rule 48, for an aggrieved woman during a sexual harassment inquiry.

Part 1: Work Related Illness and Injury Leave (WRIIL)

What Is WRIIL?

WRIIL is leave that may be granted to a Government servant (whether permanent or temporary) who suffers an illness or injury that is attributable to, or aggravated by, the performance of their official duties, or in consequence of their official position — subject to the medical certification provisions of Rule 19(1).

WRIIL Pay Structure — A Tiered Approach

Beyond hospitalisation, WRIIL is governed differently depending on the category of employee:

Worked Example

Shri Karan, a Central Government employee, suffers a serious injury while performing official field duties, requiring 2 months of hospitalisation followed by extended recovery.

• Months 1-2 (hospitalisation): Full pay and allowances.
• Months 3-8 (6 months post-hospitalisation): Full pay and allowances continue under WRIIL.
• Months 9-20 (next 12 months): Half Pay under WRIIL — unless Shri Karan opts to commute this to Full Pay, in which case a corresponding number of days of Half Pay Leave is debited from his leave account (see our article on Half Pay Leave and Commuted Leave for how this commutation mechanism generally works).

Interaction With the Workmen's Compensation Act

For employees to whom the Workmen's Compensation Act, 1923 applies, the leave salary payable under WRIIL is reduced by the amount of compensation paid under that Act — preventing duplication of benefits from two different sources for the same injury.

No Leave Credit During WRIIL

An important point: no Earned Leave or Half Pay Leave shall be credited to the employee's account during the period they are on WRIIL. This is a departure from many other special leave categories (Maternity Leave, CCL, etc.) where regular leave credit continues to accrue normally.

Seamen's Sick Leave — A Related, Older Provision

For Government servants serving as officers, warrant officers, or petty officers on a Government vessel, Rule 47 provides a separate "Seamen's Sick Leave":

• Up to 6 weeks at full pay, for sickness or injury treated on the vessel or in hospital — provided a Government Medical Officer does not certify that the employee is malingering, or that their ill-health is due to drunkenness, similar self-indulgence, or wilfully causing/aggravating the disease or injury.
• Up to 3 months at full pay for a seaman disabled in the exercise of duty, provided: (a) a Government Medical Officer certifies the disability; (b) the disability is not due to the seaman's own carelessness or inexperience; and (c) the vacancy caused by their absence is not filled.
• Similar to WRIIL, leave salary under this rule is reduced by any compensation payable under the Workmen's Compensation Act or benefits under the Employees' State Insurance Act for the corresponding period.

Part 2: Special Leave Connected to Inquiry of Sexual Harassment

What Does Rule 48 Provide?

Rule 48 — introduced via DoPT Notification No. 13026/2/2016-Estt.(L) dated 15.03.2017 — provides that leave of up to 90 days may be granted to an aggrieved female Government servant, on the recommendation of the Internal Committee or Local Committee (as constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013), during the pendency of the inquiry under that Act.

Why This Provision Matters

This leave provision recognises that an employee who has lodged a complaint of sexual harassment may need — for their own safety, wellbeing, or simply to avoid an uncomfortable working environment during the inquiry — a period away from the workplace, without this counting against their regular leave entitlements. The Internal Committee or Local Committee, having direct knowledge of the case's circumstances, is best placed to recommend whether and for how long such leave is appropriate, up to the 90-day ceiling.

How This Leave Interacts With Other Leave

Since this Special Leave is not debited against the leave account, an employee's regular Earned Leave, Half Pay Leave, and other balances remain unaffected by availing this leave. If the inquiry extends beyond 90 days, or the employee needs further time away, they would need to apply for leave of other kinds (EL, HPL, EOL, etc.) under the normal provisions.

Common Threads Between WRIIL and Rule 48 Special Leave

Both provisions share a few important characteristics that distinguish them from "ordinary" leave:

• Neither requires the employee to have a leave balance — both are granted based on the circumstances (work-related injury/illness, or a pending harassment inquiry), not on what leave is "due."
• Both reflect a protective, welfare-oriented policy intent — supporting employees through circumstances that arise from, or are connected to, their employment and workplace environment.
• Both involve external certification/recommendation — WRIIL requires medical certification connecting the illness/injury to official duty; Rule 48 leave requires a recommendation from the Internal/Local Committee.

What to Do If You Believe You're Eligible for WRIIL

1. Document the connection to official duty immediately — incident reports, witness statements, and medical records from the time of the injury/illness are critical for establishing "attributability."
2. Obtain the required medical certification under Rule 19(1), specifically addressing the work-related nature of the condition.
3. Apply through your Head of Office, referencing Rule 44 and the WRIIL framework explicitly.
4. Track the phases — hospitalisation, the 6-month full-pay period, and the subsequent half-pay (or CAPF-specific) period — so you and your establishment section correctly compute pay at each stage.

What to Do If You Need Rule 48 Special Leave

1. File your complaint with the Internal Committee (ICC) or Local Committee, as applicable, under the POSH Act, 2013.
2. Raise the need for leave with the Committee — they have the authority to recommend Special Leave of up to 90 days during the pendency of the inquiry.
3. Once recommended, the leave is sanctioned by the competent authority and is not debited against your leave account — your EL/HPL balances remain intact.

Frequently Asked Questions (FAQ)