Leave applicable to Railway employees: FAQs, RBE No.163/2022

(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 instalments 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 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 will be as per Rule 523 instead of clauses (a) and (b).

• 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 availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego 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 (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 instalments of ten days each on the first day of January and July of every calendar year.

(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 in Ministry of Social Justice and Empowerment’s Notification No. 16-18/97-N 1.1, dated the ist June, 2001. (Authority- DOP&T’s Notification No. 1209(E) dated 14.12.2018)

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;

(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.

(5) Child Care Leave may be combined with leave of any other kind.(Rule 551E of IREC Vol.I)

(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). (Rule 551E of IREC Vol. I)

(7) Child Care Leave shall not be debited against the leave account. (Rule 551E of IREC Vol.I)

Explanation – ‘Single Male Railway Servant’ means – an unmarried or widower or divorcee Railway servant.”