Section 2.1: Types of Leave

Overview of Leave in the Nigerian Public Service

In the Nigerian Federal Civil Service, leave administration is regulated by Chapter 10 of the Public Service Rules (PSR), 2008 edition (or Chapter 12 of the 2021 edition). According to PSR 100101, leave is defined as the authorized absence of an officer from official duty for a specified duration. Public officers must understand that leave is not an absolute right; rather, it is granted subject to the exigencies of the service (PSR 100102). The Permanent Secretary or Head of Extra-Ministerial Department is the primary administrative authority responsible for approving all leave applications. Any officer who absents themselves from duty without formal leave approval is liable to disciplinary action under the rules governing misconduct (PSR 030402).

Section 2.1.1: Annual Leave (PSR 100201 - 100212)

Annual leave is the standard vacation period granted to public officers to rest and recuperate. Under PSR 100201, annual leave is calculated within a leave-earning service year and is determined strictly by the officer's Grade Level (GL). The duration of annual leave, as specified in PSR 100203, is measured in calendar days (inclusive of weekends and public holidays) and is structured as follows:

• Grade Level 07 and above: 30 calendar days per annum.
• Grade Level 04 to 06: 21 calendar days per annum.
• Grade Level 03 and below: 14 calendar days per annum.

An officer becomes eligible for their annual leave after serving a minimum of six months in their first year of appointment, and subsequently, six months after returning from their previous annual leave.

Deferment of Leave (PSR 100206)

Under PSR 100206, if the exigencies of the service make it impossible for an officer to take their annual leave, the Head of Department may defer the leave to the subsequent year. Deferment must be approved in writing. Crucially, accumulated leave cannot be carried over beyond two consecutive years. Any leave not taken or deferred within this timeframe is forfeited, as cash payment in lieu of leave is strictly prohibited under PSR 100209.

Proportionate (Pro-rata) Leave (PSR 100211)

When an officer retires, resigns (with proper notice), or is otherwise separated from the service (except through dismissal), they are entitled to proportionate leave for the portion of the year served. Pro-rata leave is calculated using the formula: Pro-rata Leave = (Months Served / 12) * Annual Leave Entitlement.

Section 2.1.2: Sick Leave (PSR 100207 - 100210)

Sick leave is the authorized absence of an officer from duty due to illness or injury. To prevent abuse, sick leave must be supported by a medical certificate issued by a government medical officer or an authorized private medical practitioner recognized by the government. The PSR outlines a clear escalation path for sick leave:

1. First Six Months (180 days): An officer is entitled to sick leave with full pay for up to six months within a 12-month period, provided it is supported by proper medical documentation.
2. Second Six Months (180 days): If the illness persists beyond the first six months, the officer may be granted an additional six months of sick leave on half pay.
3. Maximum Limit: The total paid sick leave (full pay and half pay combined) within any 12-month period must not exceed 365 days.
4. Medical Board Referral (PSR 100208): If the officer remains unfit to resume duty after 365 days of paid sick leave, the Permanent Secretary must convene a Medical Board to examine the officer. The Medical Board will recommend whether the officer should be retired on medical grounds (invalidated from service) or if they require an extension of leave without pay.

Section 2.1.3: Maternity and Paternity Leave (PSR 100218)

Maternity leave is a statutory benefit designed to protect female officers during pregnancy and childbirth. Under PSR 100218, pregnant female officers are entitled to 16 weeks (112 days) of maternity leave with full pay.

• Allocation: The leave is split into 8 weeks pre-natal (before the expected date of delivery) and 8 weeks post-natal (after delivery).
• Documentation: Female officers must apply for maternity leave at least two months before the expected date of confinement, supported by a certificate signed by a registered government medical practitioner.
• Leave Integration: Maternity leave is exclusive of the officer's annual leave for that year. However, if the officer has already taken her annual leave before proceeding on maternity leave, no deduction will be made.
• Paternity Leave (2021 Amendment): Under the revised PSR, male officers whose wives give birth are entitled to 14 calendar days of paternity leave with full pay. This leave is intended to support the family and must be taken within the first 6 weeks of delivery, supported by a medical certificate or birth registration document.

Section 2.1.4: Casual Leave (PSR 100214)

Casual leave is the authorized absence of an officer for short periods to attend to urgent personal affairs.

• Duration: It must not exceed an aggregate of 7 calendar days in a leave year.
• Restrictions: Casual leave is only granted if the officer has not exhausted their annual leave. Once annual leave is taken, casual leave cannot be granted. Furthermore, casual leave does not attract leave allowance or transport supplementation.

Section 2.1.5: Study Leave and Leave of Absence (PSR 100220 - 100230)

Study leave is granted to confirmed officers who wish to pursue further education to enhance their professional capacity. It is categorized into three types:

1. In-Service Training: Initiated by the government/MDA. Officers receive full emoluments, and the government covers all tuition and course fees. The maximum duration is 2 years, and the period counts toward pension and gratuity.
2. Study Leave with Pay: Granted to confirmed officers for approved courses that align with the MDA's training proposals. Officers receive normal salary and allowances for up to 2 years (extendable by 1 year for carry-over courses). It requires the officer to sign a bond to serve the government for a specified period upon completion.
3. Study Leave without Pay: Granted for courses that do not align with the MDA's approved training proposals. The officer is allowed up to 4 years (extendable by 1 year) of leave without salary. While they receive no pay, the period is not considered a break in service and counts toward seniority.

Leave of Absence (PSR 100230)

Leave of absence is granted under special circumstances, such as:

• Joining a Spouse: Granted to an officer to accompany their spouse on a government-sponsored course or diplomatic posting abroad (up to 4 years or duration of posting).
• Technical Aid Corps: Special leave of absence to participate in the Nigerian Technical Aid Corps (TAC) scheme.
• Secondment: Approved leave to serve in international organizations (e.g., UN, ECOWAS) where the service is deemed of national interest.

Summary Table: Types of Leave and Entitlements