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
Study Leave(SL)
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Granted to a Railway employee for:
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Higher studies or undergoing training in professional and technical subjects having a direct and close connection with the sphere of his duties.
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A sudy capable of widening one’s mind in manner likely to improve his abilities as a Railway employee.
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Studies connected with the framework or background of public administration.
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Advantageous to the Government from the point of view of public interest and related to his duties of Railway employee.
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Not granted for academic/literary pursuits.
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Should be liberally granted particularly to scientific, technical and administrative staff.
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For study outside India, permission of Finance Ministry should be obtained.
Period of leave
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Max period of 24 months in the entire service of a Railway employee and upto 12 months at a time.
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Combined with other type of leave with leave salary (LAP/LHAP) excluding extra ordinary leave(ExL) leave can be permitted upto 36 months for a Railway employee doing PhD.
Salary
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For study in India equal to the pay immediately before the employee proceeds on study leave plus DA plus HRA .
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Outside India pay plus DA plus HRA and study allowance at the current prescribed rate per day.
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Any scholarship received has to be adjusted against the leave salary.
Conditions
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The employee has to execute a bond specifying that he wont resign / retire for 3 years after the expiry of leavefailing which he will have to refund all the leave salry and other expenses incurred by Railways.
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Not granted to those with less than 5 years of service and due to retire within 3 years after the expiry of leave.
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Study leave by Railway servants who resign / retire / quit service without returning to duty or quit service within a period of three years after return to duty / who fail to complete the course of study and are thus unable to furnish the certificate as required in the Study Leave Rules, shall be converted into regular leave standing at his credit on the date on which the study leave commenced. [2]
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Any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the period of study leave, if any, which cannot be so converted, treated as extraordinary leave.
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The balance of study leave thus converted into extraordinary leave due to deficiency in the leave account shall not be counted as qualifying service for pensionary benefits.
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Period spent on study leave shall be counted for earning both Leave on Average Pay and also Leave on Half Average Pay from 04/01/2011[1](before 04/01/2011 - not for earning leave other than LHAP).
Service/ Seniority
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Period will count as service for promotion.
Sanctioning authority
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Gazetted Officers – Railway Board
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Non-Gazetted Officers – GM
Ref :
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RBE No. 01/2011 dt 4/1/2011
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Railway Board’s letter No. F(E)III/2009/PN-1/10 dated 10.03.2011 (RBE No. 33/2011)
Casual Leave(CL)
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Upto 31.12.1997
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From 01.01.1998
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Normal
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12 per year
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8 per year
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Those not enjoying Gazetted holidays
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15 per year
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10 per year
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NF Railway employees
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5 days extra
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Can be combined with Special Casual Leave(SCL) and with no other leave.
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Can be granted for half day also.
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Can be granted to any extend due at a time.
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Sundays, Holidays, Restricted holidays, can be prefixed/suffixed to CL.
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Can be taken even while on tour.
Child Adoption Leave
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Granted to a female Railway employee becoming an adoptive mother with less than 2 surviving children.
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Granted for 180 days on adoption of a child upto one year of age on the lines of Maternity Leave admissible.
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Leave salary equal to pay drawn just before proceeding on leave.
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Maybe combined with any other type of leave as in Maternity Leave.
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In continuation of Child Adoption Leave adoptive mother can be sanctioned leave of the kind due and admissible (including Leave Not Due and Commuted Leave without Medical certificate not exceeding 60 days ) for a period upto one year reduced by the age of adoptive child on date of legal adoption without taking into account period of Child Adoption Leave.
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Illustration:
Age of adoptive child on date of legal adoption
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CAL
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Less than 1 month
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Upto 1 year
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6 month – Less than 9 months
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Upto 6 month
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Not debited against leave account.
Compensatory Casual Leave(CL)
- Group C & D railway employees (except supervisors) are entitled for Compensatory Casual Leave in lieu of working on Sundays/Holidays.
- It must be availed within 30 days of the day on which worked.
- Not admissible for those working as invigilators in RRB exams.
- Those not eligible for Compensatory Casual Leave are eligible for conveyance charges.
Encashment of Leave
Retirement (w.e.f 1.1.2006)
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Consequent to 6 th CPC recommendations both LAP and LHAP shall be considered for encashment subject to a maximum limit of 300 days.
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Cash equivalent in lieu of LAP = Pay plus DA admissible on the date of retirement * No of LAP at credit (max overall limit of 300) / 30
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Cash equivalent in lieu of LHAP = Half pay plus DA admissible on the date of retirement * No of LHAP at credit (max overall limit of 300) / 30
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To make up shortfall of LAP no commutation of LHAP permitted.
Permanent absorption in Public Sector Undertaking
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A railway servant who has been permitted to be absorbed in a post in a PSU owned or controlled by the Central/State Government shall be granted, cash equivalent of leave salary in respect of both leave on average pay leave on half average pay at the credit of the Railway servant subject to a maximum of 300
Dying in harness/resignation/cumpulsory retirement
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In case of a Railway Employee dying in harness the Leave encashed amount shall be paid to family.
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A Railway Employee who quits/ resigns shall be entitled to cash equivalent of LAP at credit on date of cessation of service to the extent of half of such leave at credit subject to a maximum of 150 days encashment.
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Railway Employees who are compulsorily retired under DAR can be sanctioned encashment of LAP as per rules.
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Amount is calculated as (Pay + DA)/30 * LAP at credit(subject to maximum).
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Consequent to 6 th CPC recommendations both LAP and LHAP shall be considered for encashment subject to a maximum limit of 300 days. (w.e.f 1.1.2006).
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Cash equivalent in lieu of LAP = Pay plus DA admissible on the date of retirement * No of LAP at credit (max overall limit of 300) / 30
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Cash equivalent in lieu of LHAP = Half pay plus DA admissible on the date of retirement * No of LHAP at credit (max overall limit of 300) / 30
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To make up shortfall of LAP no commutation of LHAP permitted.
Ref:
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Railway Board’s letter No. F(E)III/2008/LE-1/2 dated 27/10/2011 (RBE No. 153/2011)
Encashment of LAP at the time of availing Pass/PTO
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Upto 10 days of LAP can be encashed at the time of availing Pass/PTO subject to the following conditions.
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Balance of at least 30 LAP should be available at the credit of the Railway employee after taking into account the LAP encashed and LAP taken for this purpose.
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Total LAP encashed during the total career of a Railway Employee should not exceed 60 days.
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Successive encashments cannot be made before a minimum period of 2 years has elapsed.
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The period of two years for the purpose of successive encashment of LAP shall be with respect to a two year block, the first one commencing from 1.9.2008 and ending on 31.08.2010 with respect to the outward journey performed. The next block would commence from 1.9.2010 and end on 31.08.2012 and successive blocks would follow similar pattern.
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Cash equivalent = (Pay in Pay band + GP )/30 * LAP encashed(max 10 days).
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Calculation will be based on the pay at the time of availing Pass/PTO.
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Railway employees who are directly connected with the running of trains like Loco Pilots, Station Masters, Guards are exempted from the requirement of taking equal number of LAP during encashment.
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In order to claim encashment of LAP while availing Privilege Pass/PTO, in terms of the provisions contained in Rule 540-A/R-I, 1985 Edition and as modified/clarified from time to time, Railway employees are required to avail leave, including casual leave. Holidays, including Restricted Holidays, do not come within the ambit of the definition of leave for the aforesaid purpose.
Ref:
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Railway Board’s letter No. F(E)III/2008/LE-1/1 dated 02.02.2011 (RBE No. 15/2011) PCVI/246
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Railway Board’s letter No. F(E)III/2008/LE1/1 dated 22.06.2011 (RBE No. 95/2011)
Extraordinary Leave (ExL)
- Granted to a Railway employee when (i) no other leave is due or (ii) the employee specifically applies for it.
- No Leave salary.
- Can be combined with other leaves.
- Any kind of leave may be converted to it or it may be converted to any other leave retrospectively by the competent authority.
- Not debited to Leave account.
- Not exceeding 5 years at a stretch for permanent and 3 months for temporary(6 months with Medical certificate) Railway employees .
- Temporary Railway employees suffering from Leprosy, TB, Cancer may be granted Upto 18 months.
Hospital Leave
- Sanctioned to Group C and D Railway employees due to risks incurred in the course of official duties.
- Based on Medical Certificate of Railway Doctor.
- Sanctioned for such periods as necessary.
- For first 120 days Leave salry will be as that on LAP and for remaining period as that on LHAP.
- Maybe combined with any other type of leave due and admissible provided that the total period does not exceed 28 month.
Leave Rules for Railway Apprentices / Trainees
Apprentices for the leave rules includes:
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Apprentice Mechanics under training in workshops.
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Other apprentices who are not governed by apprentices Act1961, attached to the workshops and printing Presses.
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Apprentices under training for non-gaztted posts in all other departments who are posted to supervisory posts after training such as Apprentice Train Examiners, Apprentice Permanent Way Inspectors, Stores Apprentices, etc.
Casual leave
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10 days in a calendar year.
LAP/LHAP
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Apprentices may be granted leave on full stipend for a period not exceeding 16 days and on half stipend on medical certificate for a period not exceeding 20 days in any year of apprenticeship.
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These leave will be non-accumulative and no leave shall be granted if it would interfere with the training.
Extraordinary leave(ExL)
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Apprentices may be granted extraordinary leave (without stipend) by the General Manager under the rules applicable to temporary railway Servants
Hospital leave
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Apprentices injured on duty are entitled to hospital leave.
Maternity Leave
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A female Railway employee (including an apprentice, temporary employee, casual labour with temporary status, irrespective of their length of service) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 135 days from the date of its commencement. This leave shall not be debited against leave account.(Rule 1417 of IRMM).
Paternity Leave
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A male railway servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife.(Rule 1418 of IRMM)
Recalculation of leave on absorption in service
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On subsequent absorption, without a break, if the period of apprenticeship or training as probationer, is treated as service, recalculation of leave may be allowed as is permissible under the normal operation of the rules.
Ref:
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Rule 1908 Chapter 19 of of Indian Railway Establishment Manual Vol
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Rules 533-537 of Chapter 5 of Indian Railway Establishment Code Vol I
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Rules 1417-1418 of Indian Railway Medical Manual
Leave and Vacation/Holiday Rules for school staff
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Railway employee serving in a railway school shall not be entitled to any LAP in any year in which he avails the full vacation.
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In respect of any year in which a Railway employee avails of a portion of the vacation, he shall be entitled to LAP in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation.
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Shall be carried forward to the next half-year, subject to the condition that the leave so carried forward plus the credit for the half-year do not exceed the maximum limit of 300 days.
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If, in any year, the Railway employee does not avail any vacation, Leave on Average Pay shall be admissible to him in respect of that year 30 days.
Working hours of Railway schools
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Railway schools shall function for 6 hours and 10 minutes duration in a day (total 370 minutes) which shall include assembly/prayer time of 20 minutes at the start in the morning, a recess break of 30 minutes and a total of 8 periods of 40 minutes duration each, distributed evenly before and after the recess.
Vacations/holidays admissible to Railway School
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Number of vacations/holidays admissible to Railway School teachers during the academic session shall be as below:
Summer vacations
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50 days (starting from a date between 11th & 15th May)
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Autumn break/Dussehra holidays
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10 days (as per festival calendar)
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Winter break
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13 days (starting from 23 rd - 24 th December)
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The above is the normal schedule of vacations and Zonal Railways are at liberty to distribute these vacations as per local festival/customary requirements or climatic conditions but keeping the total to 73 vacations in a year.
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14 compulsory holidays including 3 national holidays to be observed as per calendar circulated by Railway Board every year.
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5 additional holidays from the list of optional holidays/ restricted holidays as circulated by Railway Board every year, at the discretion of Zonal Railways.
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Every Sunday shall be weekly off and every 2nd Saturday of the month shall also be a non-working day in Railway schools.
References
Maternity Leave(ML)
- It is a full pay leave not debited to any account.
- It is granted as under:
For confinement
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180 days
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Miscarriage/Abortion
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45 days during service
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Female Casual workers
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4 weeks
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- Temporary Railway employees may be granted Maternity Leave if their employment is likely to continue till they come back to service may be granted Maternity Leave on the basis of Medical Certificate.
- It may be combined with any other type of leave.
- Any leave (including LND) upto a maximum 2 years may be granted in continuation of ML if applied for without Medical Certificate.
Paternity Leave(PL)
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Granted to male Railway employees (including Apprentices) with less than 2 surviving children.
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Granted for 15 days.
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During the period of confinement of wife of a Railway employee . Can be availed in the period between 15 days prior and 6 months after the date delivery of the child.
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Can availed only in one spell.
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If not availed it will be lapsed.
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It is not to be debited against leave account.
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Maybe combined with any other type of leave as in Maternity Leave.
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Leave salary equal to pay drawn just before proceeding on leave.
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Paternity Leave may not normally be refused.
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May be granted to Casual Labour who has temporary status for 15 days.
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With effect from 22.07.2009 it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.
Procedure for Sanction of Commuted Leave/Leave on Medical Certificate
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CGHS/RHS beneficiary should produce Medical certificate / Fit certificate from Medical Officer or a Railway/Government Assistant Medical Officer.
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If Railway Hospital Doctor visit do not materialises Railway employee covered under it may obtain certificate from Registered Medical Practitioner if leave applied is for 3 days. For more than 3 days he should report to Railway Doctor.
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Non CGHS/RHS beneficiaries to produce certificate from Assistant Medical Officer. For Non Gazatted Railway Employees if AMO is not available within 8 kms of place of stay leave sanctioning authority may sanction at his discretion leave on production of Registered Medical Practitioner.
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In case of hospitalisation/ indoor treatment in a recognized private hospital all the Railway employees has to produce Medical certificate / Fit certificate from Assistant Medical Officer of the hospital.
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If Non Gazatted Railway Employees in exceptional case could not obtain certificate from CGHS/RHS Doctor or Assistant Medical Officerhe may be granted leave on the basis of Medical certificate / Fit certificate from a Registered Medical Practitioner.
Special Casual Leave
Category/Occassion
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Days eligible
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Sterilisation Operation - Male Railway employee
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Vasectomy Operation first occasssion
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6 days
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Vasectomy Operation second occasssion
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6 days
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Tubectomy operation of wife
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7 days
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Sterilisation Operation - Female Railway employee
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Tubectomy operation first occasssion
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14 days
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Tubectomy operation second occasssion
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14 days
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Insertion of IUCD
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1 day
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After medical termin ation of pregnancy undergoing Salpingectomy
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14 days
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Both Male and Female Railway employees – Period of hospitalisation for post-operation complications
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Male Railway Employee
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7 days
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Female Railway Employee
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14 days
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For recanalisation - 21 days of hospitalisation plus journey time.
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Attending Union and Federation meetings.
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For elections to Lok Sabha and Vidhan Sabha
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For RPF annual Day meet
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Attending courts as juniors or assessors
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Attending Hindi Examinations
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Co-operative Society office bearers
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Along with special passes for Kailash Mansarovar
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Special Disability Leave
- Can be sanctioned upto 24 months(in one or more spells).
- For injury caused intentionally by someone in performance of official duties as a Railway employee.
- Injury must manifest within 3 months of its occurance.
- Competent authority may condone this limit.
- Medical Certificate necessary.
- Can be combined with any other type of leave.
- Leave salary as on LAP for first 120 days, then as on LHAP.
- In case of those covered by Workmen Compensation Act Leave salary will be reduced to the extent of compensation payable.
- Counts for pension.
- Not debited to Leave account.
Special Disability Leave (Accidental)
- Sanctioned for a Railway employee injured accidentally in performance of official duties.
Links:
[1] http://indianrailwayemployee.com/circular/vacations-and-holidays-railway-school-teachers
[2] http://indianrailwayemployee.com/content/reckoning-period-spent-study-leave-earning-lap-and-lhap
[3] http://indianrailwayemployee.com/content/maternity-leave-ml
[4] http://indianrailwayemployee.com/leave-not-due-lnd
[5] http://indianrailwayemployee.com/circular/encashment-leave-average-pay-lap-while-availing-privilege-pass-pto-calculation-2-year-perio