8. Leave Enjoyment

Matters Relating to Long Vacation

90. Long vacation is a period more than 15 days of continuous holiday within a calendar year. If there is only one long vacation in a calendar year and that vacation is less than 30 days, such period shall be regarded as one month.

91. If the head of the service personnel organization or the person authorized to grant leave issued an order to perform a duty during a long vacation and recommends to remain in the duty station or need to go to the other sending place, such period on duty shall be regarded as the long vacation which is not enjoyed.

92. A service personnel who are entitled to a long vacation:

• (a) are not entitled to the earned leave in the year when the service personnel fully enjoy the whole period of long vacation;
• (b) are entitled to the earned leave in accordance with rule 87 in the year when the service personnel does not enjoy the whole period of long vacation;
• (c) are entitled to the earned leave in the year when the service personnel enjoys only a part of the long vacation as follows:
  • total period of long vacation which is not enjoyed / total period of long vacation which is entitled x 30 = earned leave
• (d) may enjoy a long vacation in continuation of either before or after any other kind of leave. However, if it is enjoyed together with the earned leave, the total period of such leave and long vacation shall not exceed four months.***၂၄-၈-၂၀၂၀ ရက်နေ့တွင် တတိယအကြိမ်ပြင်ဆင်သည်။

Medical Leave

93. Medical leave is the kind of leave which may be granted not basically on the term of service whether junior or senior. In granting the medical leave:
(a) the period of leave permissible for the whole term of service is twelve months. With sufficient reasons, additional six months shall be granted;
(b) it shall be granted only if a medical certificate given by an authorized doctor or medical board specified by the Ministry of Health is submitted. Although there is no limitation of the amount of leave to be granted at a time, it shall not exceed the period recommended in the medical certificate;
(c) the medical leave shall be granted only if the doctor or the medical board remarks that the service personnel may be fit to resume duties at the end of the leave period;

(d) if a service personnel requests to grant the earned leave instead of the medical leave, the earned leave may be granted. Such earned leave shall not be included in calculation of the period of the medical leave contained in sub-rule (a).

94. The leave salary during the medical leave is entitled to ½ of the average pay.

Matters Relating to Leave Enjoyment of a Service Personnel Who is Likely
to Apply for Invalid Pension

95. When a sick service personnel has had a medical checkup, if the relevant doctor or the medical board has remarked that there is no reasonable prospect that the service personnel will be fit to return to duty, invalid pension shall be granted. If there are leave remaining in the leave record of that service personnel:
(a) if the relevant doctor or medical board remarks that the service personnel may not be fit to resume his duties, the service personnel:
(i) shall be granted an invalid pension at the end of leave period, if he takes a medical checkup while on leave;
(ii) shall be granted an invalid pension from the commencing date on which the relevant doctor or medical board informs or signs the medical certificate, if he takes a medical checkup while on duty.
(b) the service personnel who is remarked by the relevant doctor or medical board that he may not be fit to resume his duty, as a special case, may be granted the earned leave in combination of the medical leave or only the medical leave not more than six months, if it is inline with any of the following facts and has the sufficient leave:
(i) the reason of the sickness is due to the performance of the duty;
(ii) the service personnel has enjoyed only a few days leave during the entire service in comparison with other service personnel;
(iii) another one year of term of service is about to reach soon.

Leave Without Pay

96. Leave without pay is a leave granted when there is no other kind of leave remaining in the leave record or the service personnel applies for leave without pay in writing in spite of the other kinds of leave are remaining in the leave record.

97. Leave without pay may be granted in continuation to other kinds of leave.

98. The person authorized to grant leave may regard the absence without leave as leave without pay if there is sufficient and acceptable reason according to the cause.It shall be stated the reason. Ordinarily, leave without pay shall not be regarded as a disciplinary penalty.