Child Care Leave – Age Restriction in the case of disabled children relaxed
Child Care Leave for Railway Employees – Age Restriction in the case of Disabled Children relaxed and minimum number of days reduced to from 15 days to 5 days.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi dated 05.02.2019
The General Managers/Principal Financial Advisers,
All Indian Railways and Production Units.
Sub: Amendment to the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition 2008) Chapter V – Child Care Leave (CCL).
In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Rule No. 551(E) of the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition- 2008) may be amended as in the enclosed Advanced Correction Slip No.136
2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
3. Please acknowledge receipt.
DA:- Correction Slip.
(N P Singh)
Joint Director Estt.(P&A),
ADVANCE CORRECTION SLIP TO THE INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I, 1985 Edition – (THIRD REPRINT EDITION – 2008)
Advance Correction Slip No.135
The following amendments may be made to Rule No.551 (E) of the Indian Railway Establishment Code, Volume-I,1985 Edition (Reprint Edition – 2008):-
551(E) – Child Care Leave.
(a) In point No.(1) for the words “upto the age of 22 years in case of disabled Children”, the words “an offspring of any age in case of disabled Children” shall be substituted.
(b) In Point No.(5), for the Words “less than 15 days”, the words “less than 5 days” shall be substituted.
Full Text of Rule 551 (E) of Leave Rules which covers Child Care Leave in the case of Railway Employees is given below:
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) “an offspring of any age 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.
[With effect from 13.06.2018 age limit of 22 years in case of a disabled child removed – Authority: RBE No. 162/2018, No.E(P&A)I-2008/CPC/LE-8, 17.10.2018, RBE No. 18/2019, No.E(P&A)I-2008/CPC/LE-8, 05.02.2019, ACS No.136]
(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. “less than 5 days” [With effect from 05.06.2014 the requirement of minimum period of 15 days CCL is removed. Authority: RBE No.71/2014, No.E(P&A)I-2008/CPC/LE-8, 09.07.2014] [With effect from 13.06.2018 Child care leave not to be granted for a period less than five days at a time. Authority: RBE No. 162/2018, No.E(P&A)I-2008/CPC/LE-8, 17.10.2018, RBE No. 18/2019, No.E(P&A)I-2008/CPC/LE-8, 05.02.2019, ACS No.136]
(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|
Note 2: Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice and Empowerment’s 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: RBE No.158/2008, No.E(P&A)I-2008/CPC/LE-8, 23.10.2008, RBE No.195/2008, No.E(P&A)I-2008/CPC/LE-8, 12.12.2008, RBE No.58/2010, No.E(P&A)I-2008/CPC/LE-8, 23.04.2010, RBE No.144/2010, No.E(P&A)I-2008/CPC/LE-8, 04.10.2010 and RBE No.21/2011, No.E(P&A)I-2008/CPC/LE-8, 08.02.2011, RBE No.57/2011, No.E(P&A)I-2008/CPC/LE-8, 04.05.2011, ACS NO.116]