Leave: RBE No.52/2025 – Maternity Leave, Paternity Leave, Child Adoption Leave, Paternity Leave for Child adoption and Child Care Leave
No.E(P&A)I-2024/CPC/LE-2, date 09.06.2025
Sub: Amendment to the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition 2008) Chapter V – Grant of Maternity Leave, Paternity Leave, Child Adoption Leave, Paternity Leave for Child adoption and Child Care Leave.
1. 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, 551(A), 551(C), 551(D) and 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. 149.
2. This issues with the concurrence of the Finance Directorate of the Ministry Railways.
3. Please acknowledge receipt.
4. Hindi version will follow.
Advance Correction Slip to The Indian Railway Establishment Code,
Volume-I, 1985 Edition- (Third Reprint Edition -2008)
Advance Correction Slip No.149
The following amendments may be made to Rule No.551, 551(A), 551(C), 551(D) and 551 (E) of the Indian Railway Establishment Code, Volume-I, 1985 Edition (Reprint Edition – 2008):-
(I) Rule 551 may be substituted as under:-
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.
NOTE:- In the case of a person to whom Employees’ State Insurance Act, 1948 (34 of 1948), applies, the amount of leave salary payable under this rule shall be reduced by the amount of benefit payable under the said Act for the corresponding period. (It is effective from the date of issue of the orders.)
(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.
Provided that the maternity leave granted and availed of before 31.03.1995 shall not be taken into account for the purpose of this sub-rule
(Authority: DoP&T’s notification No.13018/7/94-Estt.(L), dt 31.03.1995. It is effective from 31.03.1995.)
(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.
(6) In case of surrogacy, the surrogate, as well as the commissioning mother with less than two surviving children, may be granted maternity leave of 180 days, in case of either or both of them are Railway servants.
NOTE 2:- The expression ‘surrogate mother’ shall mean the woman who bears the child on behalf of the commissioning mother. (Authority: DoP&T’s notification No.G.S.R. 331(E), dt. 18.06.2024. It is effective from 18.06.2024.)
(II) Rule 551(A) may be substituted as under:-
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 competent 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) In case of a child begotten through surrogacy, the commissioning father who is a male Railway servant with less than two surviving children may be granted paternity leave of 15 days within the period of 6 months from the date of delivery of the child.
(Authority: DoP&T’s notification No.G.S.R.331(E), dt. 18.06.2024. It is effective from 18.06.2024.)
(7) The Paternity Leave can be granted only in a single spell.
NOTE:- The Paternity Leave shall not normally be refused under any circumstances.
NOTE 3:- The expression ‘commissioning father’ in this rule shall mean the intending father of the child born through surrogacy.
(Authority: DoP&T’s notification No.G.S.R.331(E), dt. 18.06.2024. It is effective from 18.06.2024.)
(III) Rule 551(C) may be substituted as under:-
551(C) – Child Adoption Leave:-
(1) A female Railway servant, with fewer than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted child adoption leave, by an authority competent to grant leave, for a period of 180 days, immediately after accepting the child in pre-adoption foster care or on valid adoption, as the case may be:
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the leave already availed shall be debited from any other kind of leave available to the credit of such female Railway Servant.
(Authority: DoP&T’s notification No.GSR. 374(E), dt 18.05.2023. It is effective from 18.05.2023.)
(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) (a) Child adoption leave may be combined with leave of any other kind. (b) In continuation of the child adoption leave granted under sub rule (1), a female Railway servant on valid adoption of a child 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 up to one year reduced by the age of the adopted child on the date of valid adoption, without taking into account child adoption leave. Provided that this facility shall not be admissible in case she is already having two surviving children at the time of adoption. (4) Child adoption leave shall not be debited against the leave account. NOTE.- “Child” for the purpose of this rule will include a child taken as ward by the Railway servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Railway servant, provided such a ward lives with the Railway servant and is treated as a member of the family and provided such Railway servant has, through a special will, conferred upon that ward the same status as that of a natural born child. (Authority: DoP&T’s notification No. G.S.R. 283(E) dt 04.04.2012. It is effective from 04.04.2012.)
(IV) Rule 551(D) may be substituted as under:-
551(D)- Paternity Leave for child adoption:-
(1) A male Railway servant (including an apprentice) with less than two surviving children, on accepting a child in pre-adoption foster care or on valid adoption of a child below the age of one year, may be granted Paternity Leave for a period of 15 days, within a period of six months, from the date of accepting the child in pre-adoption foster care or on valid adoption, as the case may be.
Provided that in a case where the pre-adoption foster care is not followed by valid adoption of the child, the Paternity Leave already availed shall be debited from any other kind of leave available to the credit of such male Railway Servant.
(Authority: DoP&T’s notification No.GSR. 374(E), dt. 18.05.2023. It is effective from 18.05.2023.)
(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 1:- The Paternity Leave shall not normally be refused under any circumstances.
NOTE 2:- “Child” for the purpose of this rule will include a child taken as ward by the Railway servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Railway servant, provided such a ward lives with the Railway servant and is treated as a member of the family and provided such Railway servant has, through a special will, conferred upon that ward the same status as that of a natural born child.
(Authority: DoP&T’s notification No.G.S.R. 283(E), dt 04.04.2012. It is effective from 04.04.2012.)
(V) Rule 551(E) may be substituted as under:-
551(E). Child Care Leave:-
(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’s Ministry of Social Justice and Empowerment’s Notification No.16-18/97-N 1.1, dated the 1st June, 2001.
(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;
[As a welfare measure, it has now been decided that, the leave sanctioning authorities in IRs are bestowed with the power to relax up to a maximum of three spells beyond the existing three spells of Child Care Leave in a calendar year, under Rule 551(E)(3)(i) of the RS(LL) Rules 1949, to female Railway employees and single male Railway employees in case their child is admitted in a hospital as inpatient, vide Railway Board’s letter No.E(P&A)I-2019/CPC/LE-2 dated 24.10.2024 (RBE No.101/2024)]
(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.
EXPLANATION:- ‘Single Male Railway Servant’ means – an unmarried or widower or divorcee Railway servant.
(5) Child Care Leave may be combined with leave of any other kind.
(6) Notwithstanding the requirement of productions 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).
(7) Child Care Leave shall not be debited against the leave account.
(8) In case of surrogacy, the commissioning mother with less than two surviving children may be granted child care leave.
NOTE 1:- The expression ‘commissioning mother’ shall mean the intending mother of the child born through surrogacy.
(Authority: DoP&T’s notification No.G.S.R.331(E), dt. 18.06.2024. It is effective from 18.06.2024.)
NOTE 2:- 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 3:- 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 4:- 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: Railway Board’s letter No. E(P&A)I-2024/CPC/LE-2 dated 09.06.2025).
Download Railway Board Circular RBE No.52/2025
Forward reference ⇒ RBE No.