Child Care Leave (CCL)

 

Child Care Leave for female employees

 

Women employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (730 days) during their entire service for taking care of up to two (02) children whether for rearing or to look after any of their needs like examination, sickness etc. Child Care Leave shall not be admissible if the child is eighteen years of age or older. During the period of such leave, the women employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. It may be availed of in more than one spell. Child Care Leave shall not be debited against the leave account. Child Care Leave may also be allowed for the third year as leave not due (without production of medical certificate). It may be combined with leave of the kind due and admissible. Rules Of Child Care Leave:-

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• The Child Care Leave shall be admissible for two eldest surviving children only
• CCL can be availed only if the employee concerned has no Earned Leave at her credit [Orders revised.. Please see SC 65/2009]
• The leave is to be treated like the Earned leave and sanctioned as such.
• Child Care Leave is to be treated as Recorded Leave. The authority competent to grant recorded leave i.e., LAP etc., is competent to sanction the CCL.
• The leave application together with the sanction memorandum, if any, issued should be forwarded to the SR & Leave Section for making necessary entries.
• The applicants should submit their leave applications together with documentary proof of age of the child and the applications may be got verified from the concerned Pass Declaration submitted by the employees before leave is sanctioned.
• In case, where all applications for leave cannot, in the interest of the public service, be granted, an authority competent to grant should, in deciding which applications should be granted, take into the account the following considerations:-

1. Where CCL granted is in excess of 30 days a sanction memorandum should invariably be issued duly indicating the following points:
2. Women employees granted CCL more than 30 days will not be eligible for Transport Allowance. When such period of absence falls into two different calendar months (including prefixing and suffixing holidays), reduction in Transport Allowance is to be adjusted on pro-rata basis.
3. If the employee is in occupation of Railway Accommodation, she may be advised that retention of Railway Quarters while on leave is permissible only for period not exceeding 120 days on payment of normal rent, provided the authority sanctioning the leave certifies that the employee concerned is likely to be posted back to old station on expiry of the leave.

• Where CCL is allowed for the third year as leave not due (without production of medical certificate) the period of one year is in excess of CCL, will not qualify for grant of increment and pensionary benefits.
• It is clarified that LHAP is not to be considered as Earned Leave for the purpose of grant of Child Care Leave.
• As such, a female railway servant may be granted CCL even in the cases she has LHAP at her credit
• Female Railway employees having children with disability up to 40% and mentally retarded children, can avail CCL for a maximum period of two years [730 days] till the children attain the age of 22 years, subject to the other terms and conditions stipulated.
• CCL may not be granted in more than 3 spells in a calendar year.
• CCL may not be granted for less than 15 days.
• CCL 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.

It is reiterated that the CCL is to be treated like LAP and sanctioned as such Maximum limit of CCL is 730 days and minimum limit is 15 days. CCL cannot be availed more than three times in a year.

In cases of vacancies due to grant of CCL, procedure to fill vacancies shall be same as that of vacancy arising out of grant of LAP.

No difference between adoptive mother and biological mother to grant CCL. During CCL, LAP & LHAP shall be credited as per the extant practice

CCL is to be included in the ambit of 5 years limitation under Para 510 of R-I.

HRA would be admissible to female employees proceeding on CCL in terms of Rule 1707[i][ii] & [iii] of IREC- Vol.II

Since CCL is to be treated like LAP, rules applicable for retaining the facility of Bungalow Peon during LAP shall be followed in case of Female Officers proceeding on CCL.

The provisions of Rule 1320 [b] [i] & [ii] of IREC- Vol.II shall be applied in case of CCL. If the Railway servant is on CCL on the day of increment, the increment will come into effect only on the date she reports for duty.

On a question whether LAP availed for any purpose can be converted into CCL, it is clarified that CCL is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence LAP specifically for this purpose only should be converted.

Since the instructions of letter dt.04.10.2010 [SC 142/10] have been given retrospective effect, all the conditions specified therein would have to be fulfilled for conversion of the LAP into CCL. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.

On a question whether those who have availed CCL for more than 3 spells with less than 15 days can avail further CCL for the remaining period of the current year, it is clarified that CCL cannot be granted for more than 3 times irrespective of the number of days or times CCL has been availed earlier.[Past cases not to be opened]. The benefit of encashment of LAP in terms of Rule 540-A of IREC Vol.I cannot be availed during Child Care Leave.

Child Care Leave may be inserted below – 

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) 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.
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.
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:

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, dt. 01.06.01, documents relating to the handicap as specified in the above said Notification dated 01.06.01, 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.