Child Care Leave and Commuted Leave and leave applicable to Railway School staff

Leave applicable to Railway School Staff , Child Care Leave and Commuted Leave – Frequently Asked Questions released by Railway Board

Railway Board’s letter No. No. E(P&A)I-2008/CPC/LE-8 dated 10.09.2015 (RBE No. 100/2015) addressed to The General Managers/FA&CAOs. All Indian Railways and Production Units etc.

Sub: Leave applicable to railway school staff, Child Care Leave and Commuted Leave – Frequently Asked Questions.

Please refer to the provisions contained in Rule Nos. 525, 551E, 521 of IREC Vol-I in respect of Leave applicable to school staff, Child Care Leave and Commuted leave/Leave on Production of Medical Certificate by the Railway servants.

2. Now, DOP&T has inter-alia issued clarification on Leave to school staff, Child Care Leave and Commuted Leave in the form of frequently asked questions (FAQ) in terms of their Office Memorandum No. 21011/08/2013-Estt(AL). The text of OM is tabulated below for guidance of all concerned.

Sl. No.	Questions	Answer
1.	What are the leave entitlements of Railway servants serving in Railway schools?	The Rule No. 525 of IREC VOL-I, which came into effect from 1.9.2008 regulates the grant of Leave an Average Pay for persons serving in the Railway Schools. The said rule provides for as follows:- (1) (a) A Railway servant serving in a Railway School such as a teacher, principal, headmaster, librarian, laboratory assistant or a waterman shall not be entitled to any Leave an Average Pay in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to Leave an Average Pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation. Provided that no such leave shall be admissible to a Railway servant not in permanent employment or quasi-permanent employment in respect of the first year of his service. (c) If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay shall be admissible to him in respect of that year under Rule 523. 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 avoi led a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo 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 of IREC Vol-I the half pay leave account of every Railway servant, permanent or temporary including the one who is 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. This is subject to conditions laid down in Board’s letter- No.E(P&A)I-2008/CPC/LE-10 dated 06.03.2009.
2.	Whether Govt. servant can be permitted to station/go abroad while on CCL?	Child care leave is granted to a woman employee 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 may do so subject to other conditions laid down for this.
3.	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 a l in case of CCL.
4.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.