Special leave provided to Railway Women Employees

1. MATERNITY LEAVE (w.e.f. 01-09-2008)

Ref:

1. Para 551 of IREC Vol.-I
2. Rly Bd No.E(P&A)I-2008/CPC/LE-8 dated 04-05-2011 (RBE No.57/2011)

  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.

    1. Maternity Leave may be combined with leave of any other kind.

    2. 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.

2. CHILD ADOPTION LEAVE (w.e.f. 11-09-2009)

Ref:

1. Para 551(C) of IREC Vol.-I
2.Railway Board's letter No.E (P&A)I-2006/CPC/LE-l, dated 18-05-2006, RBE No. 62
3. Railway Board’s letter No. E(P&A)I-2009/CPC/LE-11 dated 11-09-2009, RBE No. 166, PV-VI No.145

  1. An adoptive mother on the railways with less than two surviving children may be granted leave of 180 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. (Advance Correction Slip No. 109)

  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 following conditions:

    1. This facility will not be available to an adoptive mother already having two surviving children at the time of adoption.

    2. 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 the age 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. Maternity leave shall not be debited against the leave account.

3. SPECIAL MATERNITY LEAVE IN CASE OF DEATH OF A CHILD

Ref:

Railway Board’s Letter No.E(P&A)I-2022/CPC/LE-4 dated 07-11-2022, RBE NO.144/2022.

  1. DOPT&T vide their OM No. 13018/1/2021-Estt.(L) dated 02-09-2022 has introduced 60 days Special Maternity Leave for female Central Government servant in case of death of a child soon after birth or in case the child is stillborn. These provisions are being adopted for railway employees.

  2. Keeping in view the emotional trauma suffered by a mother when her child is stillborn or in the event of death of a child soon after birth which has a far-reaching impact on her life, it has now been decided to grant Special Maternity of 60 days to a female railway servant in the case of death of a child soon after birth/in case the child is stillborn subject to the following conditions :

    1. In case Maternity Leave has already been availed by a railway servant and her leave continues till the date of expiry of child soon after birth/ stillbirth, the maternity leave already availed till death of the child may be converted into any other kind of leave available in her leave account without insisting for a medical certificate and a Special Maternity Leave of 60 days may be granted from the date of expiry of child soon after birth/ stillbirth.

    2. In case the maternity leave has not been availed by a female railway servant, 60 days of Special Maternity Leavemay be granted from the date of expiry of child soon after birth/ stillbirth.

    3. The condition for death of a child soon after birth may be defined as up to 28 days after birth.

    4. A baby born with no signs of life at or after 28 weeks of gestation may be defined as Stillbirth.

    5. The benefits of Special Maternity Leave shall be admissible only to a female railway servant with less than 2 surviving children and for child delivery only in an authorized hospital.

    6. “Authorized Hospital” is defined as Government Hospital/ Railway Hospital or Private Hospital empanelled under Central Government Health Scheme (CGHS)/Railway empanelled Hospital. In case of emergency delivery in non-empanelled private hospital, production of emergency certificate is mandatory.

  3. These provisions shall be effective from the date of issue of these orders. Past cases wherever settled need not be reopened.

4. CHILD CARE LEAVE (w.e.f. 01-09-2008)

Ref:

1. Para 551(E) of IREC Vol.I
2. Railway Board's letter No. E (P&A)I-2008/CPC/LE-8 dated 17.10.2018, RBE 162/2018
3. Advance Correction Slip No. 136, RB’s L/No. E (P&A)I-2008/CPC/LE-8 dated 05.02.2019, RBE No. 18/2019
4. FAQs on Child Care Leave issued vide RB’s L/No. E (P&A)I-2008/CPC/LE-8 dated 19.12.2022, RBE No. 163/2022

  1. A(1) A woman 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 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. (Authority: Railway Board's letter No. E (P&A)I-2008/CPC/LE-8 dated 17.10.2018)

  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 5 days. (Authority: Railway Board's letter No. E (P&A)I-2008/CPC/LE-8 dated 17.10.2018)

  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.

  11. Please read FAQs on Child Care Leave issued vide RB’s L/No. E (P&A)I-2008/CPC/LE-8 dated 19.12.2022, RBE No. 163/2022 for further clarification.

5. SPECIAL LEAVE CONNECTED TO INQUIRY OF SEXUAL HARASSMENT

Ref:

1. Para 551(F) of IREC Vol.I
2. Railway Board's letter No. E(P&A)1-2017/CPC/LE-3 dated 29 .05.2017, RBE, 51/2017

Leave upto a period of 90 days may be granted to an aggrieved female Railway Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Railway Servant under this rule shall not be debited against the leave account.