RBE No.64/2019: Leave Rules – Amendment – IREC – Rule 525 (LAP), 526 (LHAP), 551(E) (CCL), 552 (Special Disability Leave), 553 (IOD), 554 (Hospital Leave)

Rule No.

Existing Railway Services (Liberalized Leave) Rules, 1949

Amended Railway Services (Liberalized Leave) Rules, 1949

525.

Leave on Average Pay applicable to School Staff:-

525. Leave on Average Pay applicable to School Staff:-

(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 on Average Pay in respect of duty performed in any year in which he avails the full vacation.

(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 Leave on 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 employ or quasi-permanent employ in respect of the first year of his service.

(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 shall be admissible to him in respect of that year under Rule 523.

(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).

526.

Leave on Half Average Pay:-

526. Leave on Half Average Pay:-

1(a)

A Railway servant, permanent or temporary including the one who is serving in a railway school, shall be entitled to Leave on Half Average Pay of 20 days in respect of each completed year of service.

1(a). A Railway servant, permanent or temporary other than one who is serving in a railway school, shall be entitled to Leave on Half Average Pay of 20 days in respect of each completed year of service”.

3(1)

The account of Leave on Half Average Pay of every Railway servant 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.

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.

551(E).

Child Care Leave:-

551(E). Child Care Leave:-

(1)

A women railway servant having minor children below the age of eighteen years (an offspring of any age in case of disabled children) may be granted Child Care Leave by an authority component to grant leave, for a maximum period of two years (i.e. 730 days) during the entire during the entire service for taking care of upto two children, weather for rearing or to look after any of their needs like examination, sickness etc.

(1)      Subject to the provisions of this rule, a female Railway servant and single male Railway servants 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, weather for rearing or for looking after any of their needs, such as education, sickness and the like.

(2)

During the period of Child Care Leave, she will be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(2)      For the purpose 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 1^st June, 2001.

(3)

Child Care Leave may be combined with leave of any other kind.

(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 thee spells in a calendar year.

(ii)    In the 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 probation period accept 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)

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).

(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 sixty five days, and at eighty percent of the salary for the next three hundred sixty five days.

(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 5 days.

(5)   Child Care Leave may be combined with leave of any other kind.

(6)

Child Care Leave shall be admissible for the two eldest surviving children only.

(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).

(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.

(7)    Child care leave shall not be debited against the leave account.

Explanation:

Single male Railway servant means an unmarried or widower or divorcee Railway servant.

(8)

Child Care Leave is to be treated like Leave on Average Pay and sanctioned as such.

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(9)

Child Care Leave should not ordinary 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.

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(10)

Child Care Leave should not be debited against the leave account.

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552.

Special disability leave for injury intentionally inflicted:-

552. Work Related Illness and Injury Leave

Omitted and replaced with “552. Work Related Illness and Injury Leave”.

The authority competent to grant leave may grant Work Related Illness and Injury Leave (hereinafter referred to as WRIIL) to a Railway servant (weather permanent or temporary), who suffers illness or injury that is attributable to or aggravated in the performance of her or his official duties or in consequence of her or his official position subject to the provisions contained in Rule 521 of these rules, on the following conditions namely:-

(1)  Full pay and allowances shall be granted to all employees during the entire period of hospitalization on account of WRIIL.

(2)  Beyond hospitalization, WRIIL shall be governed as follows:-

(a)  A Railway servant (other than of RPF/ RPSF) full pay and allowances for the six months immediately following hospitalization and Half Pay for twelve months beyond the said period of six months. The Half Pay period may be commuted to full pay with corresponding number of days of Leaves on Half Average Pay debited from the employees’ leave account.

(b) For offices RPF/ RPSF full pay and allowances for six months immediately following the hospitalization and full pay only for the next twenty four months.

(c) For personal below the rank of officer of the RPF/ RPSF full pay and allowances with no limit regarding period

(3). In the case of persons to whom the Workmen’s Compensation Act, 1923 applies, the amount of leave salary payable under WRIIL shall be reduced by the amount of compensation paid under the act.

(4) No Leave on Average Pay or Leave on Half Average Pay shall be credited during the period that employee is on WRIIL.

553.

Special disability leave for accidental injury.

553. Omitted.

554.

Hospital Leave.

554. Omitted.