Child Care Leave – Frequently Asked Questions (FAQs)

 

Child Care Leave – Frequently Asked Questions (FAQs)

 

Sl. No.	Question	Clarification	RBE Authority No.	Serial Circular No.
1.	Who among the employees may be granted CCL by an authority competent to grant leave ?.	Female railway employees.	158/2008	132/08
2.	From which date this facility is available ?	From 01.09.2008	158/2008	132/08
3.	What is the purpose of CCL ?	Purpose of CCL is taking care of “up to two children for rearing or to look after any of their needs like examination, sickness etc.	158/2008	132/08
4.	What is the maximum period of CCL that can be availed during entire service period.	CCL can be given for a maximum period of two years (i.e., 730 days) during entire service period.	158/2008	132/08
5.	Can a female employee get 730 days CCL for each of 2 children separately ?	No. 730 days leave is for entire service period.	158/2008	132/08
6.	Can CCL be admissible to mother of a child of any year of age ?	CCL is not admissible if the child is eighteen years of age or older.	158/2008	132/08
7.	What amount of salary is admissible to the woman employee during CCL period ?	During the period of CCL the woman employee shall be paid leave salary equal to the pay drawn immediately before proceeding on leave	158/2008	132/08
8.	Should CCL be availed in one spell only ?	CCL can be availed of in more than one spell.	158/2008	132/08
9.	Should CCL be debited against leave account ?	No. CCL shall not be debited against the leave account	158/2008	132/08
10.	Can CCL also be allowed for third year as leave not due (without production of medical certificate) ?	Yes. CCL may also be allowed for third year as leave not due (without production of medical certificate).	158/2008	132/08
11.	Can CCL be combined with leave of the kind due and admissible.	Yes.	158/2008	132/08
12.	If an Woman employee has got more than 2 surviving children of less than 18 years of age, CCL can be given against whom ?	CCL shall be admissible for two eldest surviving children only.	158/2008	132/08
13.	How the CCL should be maintained in Service Record.	CCL should be maintained in specific proforma as issued by Rly. Bd. (RBE No. 158/08, circulated by CPO Serial No. 132/08) and it should be kept along with the Service Book.	158/2008	132/08
14.	Can CCL may be demanded as a matter of right ?	No. CCL cannot be demanded as a matter of right.	195/2008	165/2008
15.	Can CCL may be given as post-facto ?	Under no circumstances can any employee proceed on CCL without prior proper approval of the leave by the leave sanctioning authority.	195/2008	165/2008
16.	For sanctioning and such purposes, how should CCL be treated ?	CCL is to be treated like the earned leave and sanctioned as such.	195/2008	165/2008
17.	Should Saturdays, Sundays, Gazetted Holidays etc. falling during the period of leave would also count for CCL, as in case of Earned Leave.	Saturdays, Sundays, Gazetted Holidays etc. falling during the period of leave would also count for CCL, as in case of Earned Leave.	195/2008	165/2008
18.	How CCL will be treated prior to 18.11.08 ?   Whether CCL to be adjusted with any kind of leave and the procedure of deduction ?	CCL sanctioned prior to 18.11.08 shall be treated as CCL and shall be deducted from CCL account.   No adjustment against any other kind of leave shall be made in this regard.	195/2008	165/2008
19.	For how many spells CCL may be granted ?	CCL may not be granted for more than 03 spells in a calendar year.	No.E(P&A)I-2009/CPC/LE-10 dtd. 30.9.2010   + 144/2010	129/2010+ 133/2010
20.	What is the minimum period for the grant of CCL for a single spell ?	CCL may not be granted for less than 15 days in one spell.
21.	Whether CCL should be granted during the probation period ?	CCL should not be granted during the probation period except in case of certain extreme situation.	144/2010	129/2010+ 133/2010
22.	Whether Leave on Average pay availed for any purpose can be converted into Child Care Leave ? How should applications where the purpose of availing Leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated ?	Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence, leave on average pay availed specifically for this purpose only should be converted.	21/2011	15/2011
23.	Whether all Leave on Average pay availed irrespective of number of days i.e. less than 15 days and number of spells can be converted ? In cases where the CCL spills over to the next year ( For examples 30 days CCL from 27th December), whether the leave should be treated as one spell or two spells ?	No. As the instructions contained in this office letter dtd. 4.10.2010 ibid have been given retrospective effect, all the conditions specified therein would have to be fulfilled for conversion of the Leave on Average Pay in to Child Care Leave. 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.	21/2011	15/2011
24.	Whether those who have availed Child Care leave for more than three spells with less than 15 days can avail further Child Care Leave for the remaining period of current year ?	No. As per the instructions contained in this office letter dtd. 4.10.2010 ibid, CCL may not be granted in more than three spells. Hence, CCL may not be allowed for more than three times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases need not be reopened.	21/2011	15/2011
25.	Whether encashment of leave admissible in terms of Rule 540-A, Indian Railway Establishment Code Vol.-I, 1985 edition can be availed during Child Care Leave ?	The benefit of encashment of Leave on Average Pay admissible in terms of Rule 540-A, Indian Railway Establishment Code Vo.-I, 1985 edition cannot be avail during Child Care Leave as the same is granted for the specific purpose for taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.	21/2011	15/2011
26.	Grant of maximum/minimum leave up to which, child care leave can be sanctioned in one spell.	1 & 2 maximum limit of CCL is 730 days and minimum limit is 15 days CCL cannot be avail more than three times in a year.	No.E.637/0/ Pt.IV   dtd. 30.9.2010	129/2010
27.	Whether there should be any minimum gap in between one spell to another spell
28.	Whether any vacancy arising out of child care leave for a period of one year and more can be filled through promotion	Same procedure my be followed as is followed in case of vacancy arising out of LAP
29.	Is Child Care Leave admissible in aspect of adopted minor children	Since the instructions regarding grant of CCL do not differentiate between adoptee mother and biological mother, CCL may be sanctioned to adoptee mother also subject to fulfillment conditions stipulated for grant of this leave.	-do-	-do-
30.	How/when does LAP/LHAP gets credited to the leave account of the employees proceeding on CCL ? Is it to be created on 1st January and 1st July respectively as per extant practice ?	LAP and LHPA may be credited as per extant practice.	-do-	-do-
31.	As per extant rules leave of any kind can be availed to a maximum of five year at a starch, whether CCL also in to be included in the admit of give years ?	CCL is to be included in the ambit of five years.	-do-	-do-
32.	Is the female railway servant proceeding on CCL eligible for HRA, if so for what period ?	In terms of the provisions contained in Rule 17-7(i) & (ii) of IREC Vol.-II, HRA would be admissible to female railway servant proceeding on CCL	-do-	-do-
33.	Whether Lady Officers proceeding on CCL retain their Bungalow peons and up to what period ?	Since CCL is to be treated like LAP, rule applicable for retraining the facility of Bungalow peon during LAP may also be followed in the case of an employee proceeding on CCL.	-do-	-do-
34.	Whether female employees proceeding on CCL will receive the annual increment in normal course even in case the leave period exceeds more than a year as single spell	The provisions contained in Rule 1320 (b) (i) and (ii) IREC Vol. II may be applicable in the case of CCL also. 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.	No.E.(P&A)I-2009/ CPC/LE-ID dtd. 30.9.2010	129/10
35.	CCL may be granted in how may spells in a Calendar year	Three spells	144/10 Para-2 (i)	133/2010
36.	What is the minimum number of days in one spell of CCL	Fifteen days	144/10 Para-2 (ii)	133/2010
37.	Is CCL admissible during probation period ?	Should not ordinarily be granted except in certain extreme situation	144/10 Para-2 (iii)	133/2010
38.	If any woman employee availed LAP for the purpose of child care before issue of Railway Board’s letter, but not before 1.9.2008, can it be treated as CCL ?		144/10 Para-3	133/2010
39.	For mother of disabled child CCL is applicable upto what age of such child	22 years, subject to minimum disability of 40 % as elaborated in Ministry of Social Justice & Empowerment’s notification No.16-18/97-N.I dtd. 1.6.2011	58/201	50/2010
40.	If a woman employee has LHAP in her credit should he get CCL, if she is otherwise eligible?	Yes,	66/2009	76/2009
41.	If a woman employee has LAP in her credit should he get CCL, if she is otherwise eligible?	Yes.	144/2010	133/10
42.	If CCL is sanctioned, can the woman employee extend this leave ?	CCL is always a pre-sanctioned leave. Any CCL beyond the already sanctioned leave, would be treated as another spell of leave (CCL) and it requires prior sanction.	21/2011	15/2011
43.	If CCL is started in the month of Dec. and the spell continuous to Jan of the next year, then whether this should be treated as spell of CCL of the previous year or the next one ?	The CCL must have been sanctioned in the month of Dec of the previous year or before. Therefore, this will be treated as the spell of the year when it was started.	21/2011	15/11