Railway employees in India are entitled to a number of leave benefits that are designed to ensure their well-being and provide them with the opportunity to take time off from work. Railway employees in India are eligible for a variety of different types of leave, including casual leave, earned leave, and medical leave. In addition to the above types of leave, railway employees in India are also eligible for Child Care Leave, which is granted for a period of seven hundred and thirty days during the entire service for taking care of the two eldest surviving children.
The Railway Board, which is responsible for the management and administration of the Indian Railways under the Ministry of Railways, issued an important Frequently Asked Questions (FAQ) order on 19.12.2022. An important question is what is the utmost duration of any type of leave that can be authorized for a railway employee? Exceeding this limit can result in disciplinary action, such as suspension or dismissal. The FAQ order covers a range of topics related to leaving for railway employees, such as eligibility and duration.
What is the maximum period of leave of any kind which can be allowed to a railway servant? What is the impact if such limit is exceeded?
- No railway servant shall be granted leave of any kind for a continuous period of 5 years {Rule 910(1) of IREC Vol. I}. Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such railway servant has deemed to have resigned from railway service. {Rule 510(2) of IREC VoI}.
What are the leave entitlements of Railway servants serving in Railway schools?
- Rule No. 525 of IREC Vol.-I {Railway Services (Liberalised Leave) Rules, 1949) regulates the grant of Leave on Average Pay for persons serving in the Railway Schools. Vide Board’s letter dated 23.04.2019, which came into force w.e.f. 14.12.2018 (the date of issue of DOP&T’s notification dated 11.12.2018), amendments have been made under Rule 525 & 526. The said rules provide for as follows:-
(1)(a). The leave account of every Railway servant who is serving in a Railway school such as teacher, principal, headmaster, librarian, laboratory assistant, or a waterman shall be credited with Leave on Average Pay, in advance, in two installments of five days each on the first day of January and July of every calendar year.
(b). In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to additional Leave on Average Pay in such proportion of twenty days, as the number of days of vacation not taken bears to the full vacation, provided the total Leave on Average Pay credited shall not exceed thirty days in a calendar year.
(c). If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay will be as per Rule 523 instead of clauses (a) and (b).
For the purpose of this rule, the term “year” shall be construed not as – meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Railway School.
A Railway servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego such vacation or portion of a vacation. Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation.
When a Railway servant serving in a Railway school proceeds on leave before completing a full year of duty, the Leave on Average Pay admissible to him/her shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty.
As per Rule 526 (3)(1), the account of Leave on Half Average Pay of every Railway servant (other than a Railway servant serving in a Railway School) shall be credited with Leave on Half Average Pay in advance, in two installments of ten days each on the first day of January and July of every calendar year.
Whether railway servant can be permitted to leave station/ go abroad while on CCL?
- Child Care leave is granted to a railway servant to take care of the needs of the minor children. If the child is studying abroad or the railway servant has to go abroad for taking care of the child she/he may do so subject to other conditions laid down for this purpose.
What is the intention behind the instruction that CCL is to be treated like LAP and sanctioned as such?
- The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave if any, should be as per the restriction on LAP. The restriction of the limit of 180 days at a stretch as applicable in the case of LAP will not apply in case of CCL.
What are the prevailing provisions of CCL under’ Railway Services (Liberalised Leave) Rules, 1949 (Rule 551-E)
1) Subject to the provisions of this rule, a female Railway servant and single male Railway servant may be granted Child Care Leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like.
(2) For the purposes of sub-rule (1), “child” means-
(a) a child below the age of eighteen years; or
(b) an offspring of any age with a minimum disability of forty percent as specified in the Government of India in Ministry of Social Justice and Empowerment’s Notification No. 16-18/97-N 1.1, dated the ist June 2001. (Authority- DOP&T’s Notification No. 1209(E) dated 14.12.2018)
(3) Grant of child care leave to a female Railway servant and a single male Railway servant under sub-rule (1) shall be subject to the following conditions, namely:-
(i) it shall not be granted for more than three spells in a calendar year;
(ii) in case of a single female Railway servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.
(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of Child Care Leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
(iv) Child Care Leave may not be granted for a period less than five days at a time.
(4) During the period of Child Care Leave, a female Railway servant and a single male Railway servant shall be paid one hundred percent of the salary for the first three hundred and sixty-five days, and at eighty percent of the salary for the next three hundred and sixty-five days.
(5) Child Care Leave may be combined with leave of any other kind. (Rule 551E of IREC Vol.I)
(6) Notwithstanding the requirement of production of medical certificate contained in Rule 527 or sub-rule (1) (ii) of Rule 528, leave of the kind due and admissible (including Commuted Leave not exceeding sixty days and Leave Not Due) upto a maximum of one year, if applied for, be granted in continuation with child care leave granted under sub-rule (1). (Rule 551E of IREC Vol. I)
(7) Child Care Leave shall not be debited against the leave account. (Rule 551E of IREC Vol.I)
Explanation – ‘Single Male Railway Servant’ means – an unmarried or widower or divorcee Railway servant.”