The Hon. (Prof.) A.H.M.H. Abayarathna - Minister of Public Administration, Provincial Councils and Local Government

¶ 01 Hon. Presiding Member, the answers are as follows:

¶ 02 1. To date, 3,766 officers have obtained local no-pay leave. The supporting document is tabled.

¶ 03 - Placed in the Library.

¶ 04 2. To date, 8,121 officers have obtained approval and gone abroad on foreign no-pay leave. The relevant details are included in the annex.

¶ 05 3. Regarding officers under this Ministry who went abroad without obtaining approved leave, data have not been reported. Other Ministries have also not submitted such information to this Ministry.

¶ 06 4. Yes. Based on a decision of the Cabinet meeting held on 2022.06.13, this circular was issued outside the provisions currently contained in the Establishments Code. This is stated in the very first paragraph of Public Administration Circular 14/2022 dated 2022.06.22.

¶ 07 5. The following differences can be noted: (i) Under Public Administration Circular 14/2022 and its allied circulars, opportunities were granted to obtain local and foreign no-pay leave. Under Chapter XII, Section 20 of the Establishments Code (EC), except for study purposes, there are no provisions to obtain local no-pay leave for employment; provisions exist only for foreign study and/or employment leave. (ii) Under Chapter XII, Section 20 of the EC, when obtaining leave for foreign study and/or employment, the officer must enter into an agreement to serve an obligatory period twice the length of leave, and if unable to complete it, pay a penalty. Under Circular 14/2022 and allied circulars, officers may obtain local or foreign no-pay leave without an obligation to serve such period or pay a penalty, thereby incentivizing officers to use the circular route. (iii) Under Chapter XII, Section 20 of the EC, there is no requirement to remit foreign exchange to Sri Lanka when on foreign study and/or employment leave. Under Circular 14/2022 and allied circulars, remitting foreign currency to Sri Lanka while on foreign no-pay leave is a mandatory requirement. (iv) Under Chapter XII, Section 20 of the EC, the leave period for foreign study and/or employment is not considered active service for seniority or pension; upon return, the officer is only placed at the step he would have reached had he not gone abroad. Under Circular 14/2022 and allied circulars, from 2022.06.22 to 2023.07.10, no-pay leave—local or foreign—could be obtained without prejudice to seniority or pension. By Cabinet decision of 2023.07.10, for approvals granted from 2023.07.11, the no-pay leave period is not counted for seniority; currently, only pension eligibility is preserved under the circular. (v) Under Chapter XII, Section 10 of the EC, applications for foreign study and/or employment leave must be submitted by the Head of Department to the relevant administrative authority. Under Circular 14/2022 and allied circulars, applications for local or foreign no-pay leave must be submitted to the relevant Ministry Secretary, who shall obtain recommendations from a Standing Committee chaired by an Additional Secretary and comprising three other senior officers.

¶ 08 6. Not applicable.