SPECIAL LEAVE INQUIRY ON SEXUAL HARASSMENT
SPECIAL LEAVE INQUIRY ON SEXUAL HARASSMENT :Sexual harassment in the workplace is a deeply concerning issue, and the Government of India has taken various measures to ensure safe and dignified working environments, particularly for women employees. In line with the Vishaka Guidelines and subsequent enactments such as the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the Central Government has laid down specific procedural safeguards and support mechanisms. Among these is the provision for special leave connected with inquiries related to sexual harassment, detailed in the Swamy’s Handbook — the authoritative guide for rules and entitlements of Central Government employees.
The Swamy’s Handbook clearly outlines the framework under which an employee, especially a female employee, can avail special leave during the pendency of inquiries related to sexual harassment at the workplace. Recognizing that participation in such inquiries can be mentally exhausting and emotionally taxing, the government provides such leave not only as a legal safeguard but also as a support mechanism to protect the dignity and mental well-being of the complainant.
This special leave is primarily applicable to the aggrieved woman, i.e., the complainant, during the course of the inquiry. The provision ensures that the complainant does not face attendance penalties or workload burdens while participating in the inquiry. It’s a non-debitable leave, which means the leave days availed under this head do not count against other types of leave like Casual Leave (CL), Earned Leave (EL), or Child Care Leave (CCL).
According to the guidelines detailed in the Handbook, up to 90 days of special leave can be granted to the aggrieved woman during the pendency of an inquiry into complaints of sexual harassment. This leave can be granted in continuation or in phases, depending on the circumstances, nature of the inquiry, and the well-being of the employee involved. The provision reinforces the government’s commitment to ensuring that the grievance redressal process is not hindered by job-related constraints or fear of professional loss.
Another significant point to note is that this leave is over and above any leave that the employee is entitled to. This ensures that her regular leave quota remains unaffected and can be used for other purposes. The leave is to be sanctioned by the competent authority based on the recommendations of the Internal Complaints Committee (ICC) or the appropriate inquiry committee constituted under the Act.
From an administrative perspective, the sanctioning of this leave is done in good faith, keeping the sensitive nature of the case in mind. Supervisors and departmental heads are instructed to treat such requests with discretion, empathy, and confidentiality. Moreover, the employee’s absence during this special leave period must not affect her appraisal, promotion, or any other service benefits, provided the leave is availed in accordance with the rules.
While the special leave is focused primarily on the complainant, the rules also emphasize that respondents (accused employees) are not entitled to this special leave under the same provision. However, they may seek ordinary forms of leave if required, and their attendance during inquiry proceedings is usually expected unless exceptional circumstances arise.
The Swamy’s Handbook also addresses the role of administrative authorities in facilitating the inquiry process. Heads of Departments (HoDs) are advised to cooperate fully with the Internal Committee, ensure the timely conduct of inquiries, and prevent any form of retaliation or victimization against the complainant. Granting special leave to the aggrieved employee is one of the many institutional responses to make the environment conducive to fair inquiry and justice.
In situations where the aggrieved woman does not feel safe or faces continued intimidation at the workplace, temporary transfer or change of workplace may also be considered along with or in place of special leave. These provisions ensure that the employee is not forced to continue in a hostile work environment while the matter is under investigation.
Importantly, the granting of special leave should not be seen as a sign of judgment or prejudice. It is a protective measure, not a punitive one. It is provided to shield the complainant from additional stress and to encourage more women to come forward without fear or hesitation. When institutions enable support mechanisms like this, it contributes to creating a more just, transparent, and respectful work culture.
In conclusion, the special leave connected with inquiries on sexual harassment, as defined in the Swamy’s Handbook, is a vital policy tool to uphold workplace dignity and safety in Central Government offices. It shows the government’s proactive approach in recognizing the emotional and psychological toll that such complaints can take and ensuring that affected employees receive institutional backing. It also emphasizes the importance of confidentiality, prompt action, and zero tolerance toward harassment. For Central Government employees, this provision acts as a reassurance that their grievances will be handled with due seriousness and compassion, and that justice will not come at the cost of their peace of mind or professional stability.
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This blog post is intended for informational purposes only. All rights, references, and credits related to official government service rules and guidelines belong to Swamy’s Publications, the authoritative source on these matters. We acknowledge and extend our courtesy to Swamy’s Publication for their valuable work in compiling and publishing official content. This blog does not claim ownership or authorship of any content originally published by Swamy’s Publications.
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