Child Care Leave – Detailed Questions and Answers

Child Care Leave – Detailed Questions and Answers

“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.”

Indian Railways circulated a FAQ, Frequently Asked Questions about Child Care Leave for female employees.

Question and Answer with Railway Board Establishment Code & Serial Number.

No.	Question	Clarification
1.	Who among the employees may be granted CCL by an authority competent to grant leave ?.	Female railway employees.
2.	From which date this facility is available ?	From 01.09.2008
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.
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.
5.	Can a female employee get 730 days CCL for each of 2 children separately ?	No. 730 days leave is for entire service period.
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.
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
8.	Should CCL be availed in one spell only ?	CCL can be availed of in more than one spell.
9.	Should CCL be debited against leave account ?	No. CCL shall not be debited against the leave account
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).
11.	Can CCL be combined with leave of the kind due and admissible.	Yes.
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.
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.
14.	Can CCL may be demanded as a matter of right?	No. CCL cannot be demanded as a matter of right.
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.
16.	For sanctioning and such purposes, how should CCL be treated ?	CCL is to be treated like the earned leave and sanctioned as  such.
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.
18.	How CCL will be treated prior to 18.11.08 ?	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.
19.	For how many spells CCL may be granted ?	CCL may not be granted for more than 03 spells in a calendar year
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.
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.
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.
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.
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.
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.
27.	Whether there should be any minimum gap in between one spell to another 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.
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.
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.
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.
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
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.
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.
35.	CCL may be granted in how may spells in a Calendar year	Three spells
36.	What is the minimum number of days in one spell of CCL?	Fifteen days
37.	Is CCL admissible during probation period ?	Should not ordinarily be granted except in certain extreme situation
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 ?	–
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.
40.	If a woman employee has LHAP in her credit should he get CCL, if she is otherwise eligible ?	Yes.
41.	If a woman employee has LAP in her credit should  she get CCL, if she is otherwise eligible ?	Yes.
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.
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.