Leave Rules
General conditions
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Leave cannot be claimed by the employee as a matter of right. The right to grant or refuse leave vests in the authority competent to sanction leave.
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The leave usually commences on the day charge is handed over and ends on the day the charge is taken over again.
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Leave sanctioning authority cannot alter the kind of leave due and applied for except at the written request of the employee.
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Leave already availed maybe converted into another kind of leave on employee's request retrospectively but not after retirement.
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Leave cannot be sanctioned for more than 5 years.
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Combination of holidays preceding or in continuation of leave is permitted. In case of medical certificate of sickness, the holidays will be part of sickness leave.
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The employee is not permitted to take up any employment during the period of leave.
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Employee should take permission to leave headquarters specially for private visits abroad. When permission to visit abroad is sought, information relating to the proposed and previous private visits should be furnished in the prescribed proforma.
Planning for Leave
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Employees should be encouraged to take leave periodically or annually as per instructions by Department of Personnel and Training.
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Detailed plan should be made out for sanction of leave to staff by turn keeping in view priorities of staff and work.
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Normally leave should not be refused in particular during last 10 years of service.
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Going on leave is beneficial to both Railway employee and organization as employee return refreshed from leave.
References
1. Chapter 5 of Indian Railway Establishment Code.
Leave on Average Pay (LAP)
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30 days LAP in a calendar year.
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All Railway employees permanent or temporary are eligible for LAP Rules for school staff are separate. (See here for Leave Rules for School Staff ).
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Shall be credited in advance in two installments of 15 days each on January 1st and July 1st of every calendar year.
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Shall be carried forward subject to the maximum limit of 300 days.
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If the credit is between 285-300 days, the new credit of 15 days may be kept seperate to first adjust LAP that the employee take during ensuing half year and the balance, if any, may be credited at the close of 6 months period keeping the maximum to 300.
The maximum that may be granted at a time shall be 180 days.
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1/10 of the Extraordinary Leave availed during the previous half year is debited to the leave account.
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New entrants will be given credit of two and a half days per month of the half year in which they join. Similar credit at the rate 2 and a half per month is given in case of death/retirement.
References
· 1. Chapter 5 of Indian Railway Establishment Code.
Leave on half average pay(LHAP)
- All Railway employees permanent or temporary other than those serving in a railway school are eligible for LHAP.
- 20 days LHAP in a calendar year.
- No restriction on accumulation.
- May be granted on medical certificate or on private affairs.
- It may be commuted by surrendering 2 days of LHAP for one day of LAP without any limit in case of medical grounds, and upto 180 days in other cases. However if a Railway employee does not return to duty after commuted LHAP is over it shall be reconverted to LHAP.
- LHAP that can be availed of in one spell shall be limited to 24 months (whether combined with any other kind of leave or not ).
- Shall be credited in advance in two instalments of 10 days each on January 1st and July 1st of every calendar year(except school staff).
- The leave shall be credited to the leave account at the rate of 5/3 days for each Completed Calendar Month of service While affording credit of half pay leave fraction of a day may be rounded off to the nearest day.
Leave Salary
- For LAP - Equal to the pay drawn immediately before proceeding on duty.
- For Running staff it may be substantive or average pay for first 60 days whichever is of advantage to him and thereafter only subtantive pay.
- For workshop staff it will be the salary he would have drawn had he been on duty, but excluding increase of pay if any.
- For Leave Not Due and LHAP - Half of the salary.
- Extraordinary leave - No salary
Leave Not Due(LND)
- Granted to a permanent employee when no other leave is due and there are reasonable prospects of his coming back to duty.
- Sanctioned to the extent of LAP he is likely to earn.
- Maximum can be 360 days in the career of the employee with the condition that not more than 90 at a time and 180 days maximum for other than medical grounds.
- Temporary employee may be sanctioned LND on medical certificate if the post is likely to last till he returns and he has one year service.
Child Care Leave(CCL)
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For women employees having minor children(below 18 years)
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If child is disabled (40% disability) upto 22 years age. Certificate regarding disability has to be produced along with certification by the employee that the child is dependent on her.
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Maximum for a period of 2 years (730 days) during the entire service.
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It may be allowed for third year as Leave not Due without production of medical certificate.
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For taking care upto 2 children.
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Admissible for 2 eldest surviving children only.
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Leave salary will be equal to the pay drawn before going on leave.
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CCL is to be treated like LAP and sanctioned as such.
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Not to be debited against leave account.
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It may be combined with leave of the kind due and admissible.
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With effect from 01.09.2008
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Cannot be demanded as a matter of right.
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May be availed in more than one spell.
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May not be granted for more than 3 spells in a calendar year.
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If a spell spills over to next year it may be treated as one spell in the year in which CCL commences.
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It may not be granted for less than 15 days.
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Should not ordinarily be granted during probation period except in extreme situations where the leave sanctioning authority is fully satisfied of the need of granting CCL. In any case it should be ensured that the CCL sanctioned during probationary period is kept minimum.
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The leave is to be treated like earned leave and sanctioned as such.
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Saturdays, Sundays and Gazetted holidays will also count like in earned leave.
References
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RBE 158/08 dt. 23.10.2008
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RBE 144/2010 PBC No. 150/2010 dt 04.10.2010
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RBE 58/2010
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RBE 21/2011 dt.08.02.2011