S.L. const.3 Art. 32Absence without leave.

(1) A public officer who absents himself without leave for ten (10) consecutive working days shall be considered as having resigned from the public service with effect from the eleventh working day of unauthorised absence.

(2) A Head of Department shall, immediately after the expiration of the time-limit referred to in sub-regulation (1), notify the officer concerned that:

(a) he considers the officer as having resigned from the public service with effect from the eleventh day of his unauthorised absence; DISCIPLINARY

(b) the officer shall be liable to pay Government, as stipulated in the Public Service Agreement in force from time to time, half the salary that he would have earned during the applicable notice period.

(3) If an officer who has absented himself without leave as stated in sub-regulation (1) reports for duty before the date of notification by the Head of Department, or before the expiration of the ten (10) working days referred to in sub-regulation (1), he is to be allowed to resume duties without prejudice to any disciplinary action which the Head of Department may take in accordance with these regulations.

(4) If the officer considers that the decision of the Head of Department is unjust in his regard, he may appeal to the Public Service Commission within ten (10) working days starting from the day after he receives the notification from the Head of Department, setting out the reasons why he considers that the decision in his respect was unjust.

(5) An appeal under sub-regulation (4) shall be treated with urgency by the Commission. The Commission shall seek the views of the Head of Department thereon and may, at its discretion, give the officer concerned and the Head of Department the opportunity to make oral representations.

(6) If the Commission considers an appeal under sub-regulation (4) to be justified, it shall annul the decision of the Head of Department by means of a recommendation to the Prime Minister, and upon approval, inform the officer and the Head of Department that the officer is, as a result, considered to be still in employment in the public service.

(7) An officer who has been considered as having resigned due to unauthorized absence shall not resume his duties unless and until the Commission upholds his appeal.

(8) An officer whose appeal under sub-regulation (4) is upheld by the Commission shall not be entitled to payment for any period of unauthorised absence, or for the time taken by the Commission to hear the appeal.

Part X - Miscellaneous