Special Kinds of Leave
551. Maternity Leave- (1) A female railway servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) Maternity Leave not exceeding 45 days may also be granted to a female Railway servant (irrespective of the number of surviving children) during the entire service of that female Railway servant in case of miscarriage including abortion on production of medical certificate as laid down in Rule 519.
(4) (a) Maternity Leave may be combined with leave of any other kind.
(b) Notwithstanding the requirement of production of medical certificate contained in Rule 527 or sub-rule (1) of Rule 528, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).
(5) Maternity leave shall not be debited against the leave account.
551(A) Paternity Leave (1)A male Railway servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competant to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e., up to 15 days before, or up to six months from the date of delivery of the child.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The Paternity Leave may be combined with leave of any other kind.
(4) Paternity Leave shall not be debited against the leave account.
(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave shall be treated as lapsed.
(6) The Paternity Leave can be granted only in a single spell.
Note:- The Paternity Leave shall not normally be refused under any circumstances.
(Authority: - Railway Board letter NO. (P&A)I-2008/CPC/LE-8 dated 04.05.11 ) acs no. 116
551(B). - Paternity Leave to male casual Railway employee who has been granted temporary status : A male casual Railway employee who has been granted temporary status with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement period of his wife. The leave should be applied for and availed of, at least partly, or at least commence within a period of 135 days of childbirth. The Paternity leave can commence prior to childbirth so long as the date of birth of child falls during the period of such leave. It shall not be debited against the leave account and may be combined with pro-rata leave on average pay admissible to the casual Railway employees (as in the case of Maternity Leave). Paternity Leave too, like Maternity Leave, can be sanctioned only in a single spell. During the period of such leave he shall be paid wages, in respect of working days equal to the wages drawn immediately before proceeding on leave.
(Authority:- Railway Boards letter No. E(P&A)I-98/CPC/LE-6 dt.21.5-99)
551(C) - Child Adoption Leave
An adoptive mother on the railways with less than two surviving children may be granted leave of 135 days as 'Child Adoption Leave' on adoption of a child upto one year of age, on the lines of maternity leave admissible to natural mothers.
2. During the period of Child Adoption leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
3. Child Adoption leave may be combined with leave of any other kind.
4. In continuation of 'Child Adoption leave', the adoptive mothers may also be granted, if applied for, leave of the kind due and admissible (including Leave not due and Commuted leave not exceeding 60 days without production of Medical certificate) for a period upto one year reduced by the age of the adopted child on the date of legal adoption without taking into account the period of child Adoption leave, subject to the followingconditions:
(i) This facility will not be available to an adoptive mother already having two surviving children at the time of adoption.
(ii) The maximum admissible period of one year leave of the kind due and admissible (including Leave not due and Commuted leave upto 60 days without production of medical certificate) will be reduced by theage of the child on the date of adoption without taking into account Child Adoption leave as in the following illustrations;
- If the age of the adopted child is less than one month on the date of adoption leave upto one year may be allowed,
- If the age of child is six months and above but less than seven months, leave upto 6 months may be allowed.
- If the age of the child is 9 months and above but less than ten months, leave upto 3 months may be allowed.
5. Child Adoption leave shall not be debited against the leave account.
(Authority: - Railway Board's letter No.E (P&A)I-2006/CPC/LE-l, dated 18-05-2006
551 (D)- Paternity Leave for child adoption-
(1) A male Railway servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days within a period of six months from the date of valid adoption.
(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) The Paternity Leave may be combined with leave of any other kind.
(4) The Paternity Leave shall not be debited against the leave account.
(5) If Paternity leave is not availed of within the period specified in sub-rule(1), such leave shall be treated as lapsed.
Note: -The Paternity Leave shall not normally be refused under any circumstances.
551(E) Child Care Leave.
(1) A woman railway servant having minor children below the age of eighteen years (upto the age of 22 years in case of disabled children) may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during the entire service for taking care of upto two children, whether for rearing or to look after any of their needs like examination, sickness etc.
(2) During the period of Child Care Leave, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
(3) Child Care Leave may be combined with leave of any other kind.
(4) 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 60 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).
(5) Child Care Leave shall not be granted in more than 3 spells in a calendar year with each spell of Child Care Leave being not less than 15 days.
(6) Child Care Leave shall be admissible for the two eldest surviving children only.
(7) Child Care Leave cannot be demanded as a matter of right. Under no circumstances can any employee proceed on Child Care Leave without prior proper approval of the leave by the leave sanctioning authority.
(8) The Child Care Leave is to be treated like Leave on Average Pay and sanctioned as such.
(9) Child Care Leave should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
(10) Child Care Leave shall not be debited against the leave account.
Note 1: The leave account for Child Care Leave shall be maintained in the following format and shall be kept along with the Service Book of the female Railway servant concerned:-
Format for maintaining the Child Care Leave Account
Period of Child Care Leave taken
Balance of Child Care Leave
Signature & Designation of the certifying officer
From
To
Balance
Date
(1)
(2)
(3)
(4)
(5)
Note 2: Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice and Empowerments Notification No. 16-18/97-NI.I dated 01.06.2001. Documents relating to the handicap as specified in the above said Notification dated 01.06.2001, as well as a certificate from the Railway servant regarding dependency of the child on the Railway servant would have to be submitted by the female Railway employee. The Child Care Leave would be permitted to female Railway employees only if the child is dependent on her.
Note 3: The benefit of encashment of Leave on Average Pay, admissible in terms of Rule 540-A, cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.
(Authority Boards letters No. E(P&A)I-2008/CPC/LE-8 dated 23.10.2008, 12.12.2008, 23.04.2010, 04.10.2010 and 08.02.2011. Boards letters are based on corresponding instructions of DOP&T viz. OM Nos. 13018/2/2008-Estt.(L) dated 11.09.2008, 18.11.2008 & 02.12.2008; 13018/6/2009-Estt.(L) dated 03.03.2010; 13018/1/2010-Estt. dated 07.09.2010 & 30.12.2010 and DOP&T's Notification No. 11012/1/2001 Estt.(L) dated 01.12.2009.) ACS NO.116
552. Special disability leave for injury intentionally inflicted. (1) The authority competent to grant leave may grant special disability leave to a railway servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in or in consequence of due performance of his official duty or in consequence of his official position.
(2) Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed, and the person disabled acted with due promptitude in bringing it to notice. Provided that the authority competent to grant leave, if it is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.
(3) The period of leave granted shall be such as is certified by the Authorised Medical Attendant of the Railway servant concerned to be necessary. It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.
(4) Such leave may be combined with leave of any other kind.
(5) Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.
(6) Special disability leave shall be counted as duty in calculating service for pension and shall not except the leave granted under proviso to clause (b) of sub-rule (7) be debited against the leave account.
(7) Leave salary during such leave shall--
(a) for the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5) be equal to leave salary while on leave on average pay; and
(b) for the remaining period of any such leave, be equal to leave salary during half pay leave:
Provided that a railway servant may, at his option, be allowed leave salary as in sub-rule (a) for period exceeding 120 days and in that even the period of such leave shall be debited to his half pay leave account.
(8) In the case of a person to whom the Workmen's Compensation Act, 1923 (18 of 1923) applies, the amount of leave salary payable under this Rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.
(9) The provisions of this Rule apply to a railway servant disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service and to a railway servant not so discharged who suffers a disability which is certified by a medical board to be directly attributable to his service with a military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this Rule for the purpose of calculating the period admissible.
553. Special disability leave for accidental injury. (1) The provisions of rule 552 shall apply also to a railway servant, whether permanent or temporary, who is disabled by injury accident incurred in, or in consequence of due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the post which he holds.
(2) The grant of special disability leave in such case shall be subject to the further conditions:--
(i) that the disability if due to disease must be certified by the Authorised Medical Attendant of the railway servant concerned to be directly due to the performance of the particular duty;
(ii) that if the Railway servant has contracted such disability during service otherwise than with a military force, it must be in the opinion of the authority competent to sanction leave, exceptional in character; and
(iii) that the period of absence recommended by the Authorised Medical Attendant may be covered in part by leave under this rule and part by any other kind of leave, and that the amount of special disability leave granted on average pay shall not exceed 120 days.
554. Hospital leave. (1) Hospital leave may be granted to railway servants other than in Group A or Group B, while under medical treatment for illness or injuries if such illness or injury is directly due to risks incurred in the course of official duties.
(2) Hospital leave shall be granted on production of medical certificate from an Authorised Medical Attendant.
(3) (a) Hospital leave may be granted for such period as the authority granting it may consider necessary on leave salary--
(i) equal to leave salary while on leave on average pay for the first 120 days of any period of such leave; and
(ii) equal to leave salary during half pay leave for the remaining period of any such leave.
(b) The amount of hospital leave which may be granted by the General Managers to railway servants is unlimited.
(4) Hospital leave shall not be debited against the leave account and may be combined with any other kind of leave which may be admissible, provided the total period of leave, after such combination, does not exceed 28 months.
Note. If the railway servant is one to whom the Workmen's Compensation Act 1923 (18 of 1923) applies the amount of leave-salary payable during Hospital Leave shall be reduced by the amount of compensation payable under Section 4(1)(d) of the said Act When a disablement regarded at first as temporary, proves to be a permanent disablement and compensation becomes payable under clause (b) or (c) of Section 4(1) of the Workmen's Compensation Act, the hospital leave-salary should be restored to the full amount admissible under the above rule.
President's decision 1. General Managers are empowered to relax the provisions of this rule in individual cases meriting sanction of Hospital leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Such cases are to be reviewed by the CMO personally and entered in a register to be maintained by CMO so that at any time the extant of the problem can be checked. Also, such cases are to be put up to the FA & CAO for his concurrence before these are put up to the General Manager for sanction. These powers are to be exercised personally by the General Managers and are not to be delegated further.
Presidents decision 2.Divisional Rail Managers (DRMs)/Chief Workshop Engineers (CWEs) are empowered to relax the provisions of Rule 554-R.I, 1985 edition, in individual cases, meriting sanction of Hospital leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay, subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts Officer. Also, a list of such cases should be put pup to the General Managers half yearly for their post-facto approval. These powers are to be exercised personally by the DRMs/DWEs and are not be delegated further. It has also been decided that cases that occurred during the intervening period, i.e. from 1985 onwards, where the Railways have already sanctioned Hospital Leave for periods beyond 120 days on leave salary equal to leave salary while on leave on average pay, need not be reopened.
President's decision 3. It has been further decided that the Heads of non-divisional units, such as Workshops, Stores, Depots, Zonal training Centres, etc., in the Junior Administrative Grade/Selection Grade are also empowered to sanction Hospital Leave beyond a period of 120 days in relaxation of the provisions of rule 554.R.I,1985 edition in individual cases meriting sanction of Hospital Leave beyond a period of 120 days on leave salary equal to leave salary while on leave on average pay. Where the heads of such non-divisional units are in lower than JA grade, all cases of grant of Hospital Leave beyond a period of 120 days in relaxation of the provisions quoted above should be put up to the controlling SAG officer for sanction. The grant of Hospital Leave beyond 120 days in relaxation of the rules mentioned above in all cases shall however be subject to such cases being reviewed by the Medical Superintendents and concurred in by Senior Divisional Accounts Officer/Associate Accounts Officer. Furthers as already stipulated in Boards letter of even number dated 14-1-93, a list of all such cases should be put up to the General Managers half-yearly for their post facto approval. Papers to General Managers should be routed though the controlling SAG officers. It may also be ensured that payment against Hospital Leave whenever due is made regularly and not allowed to pend.
President decision 4.It has been decided that such cases of railway servants injured on duty during the intervening period from 1985 to 14-1-93 and where Hospital Leave was not granted beyond 120 days on full average pay may be reviewed by the Railways, and accordingly leave should be regularised, by the General Manager as Hospital Leave beyond 120 days on full average pay in terms of extant orders on the merit of each case for the intervening period from 1985 to 14-1-93.
The old cases will be regularised with the personal sanction of the General Manager with concurrence of the FA & CAO.
(Authority: Railway Boards Letter No. E(P&A)I-96/JCM/DC-1 dated31-7-96.)
556. Study Leave. Study leave may be granted in accordance with the rules prescribed in Appendix V to railway servants to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave is not debited against the leave account.
Counting of study leave for promotion, pension, seniority, leave and increments.(1) Study leave shall count as service for promotion, pension and seniority. It shall also count as service for increments as provided in rules.
(2) The period spent on study leave shall be counted for earning both Leave on Average Pay and Leave on Half Average Pay.
(Authority Railway Boards letter No. F(E)III/2009/LE-1/1 dated 04.01.11) ACS No.115
Source - INDIAN RAILWAY ESTABLISHMENT CODE (Vol - I)
