Table of Contents

Maternity Leave Rules for Female Railway Employees

Q: 2. What were the previous durations of maternity leave before the current provision?

135 days from October 7, 1997 (RBE 154/97, SC 192/97). 90 days before October 7, 1997 (ACS116, RBE 57/2011, SC 60/2011).

Q: 3. How much leave is granted for miscarriage or abortion?

Female employees are entitled to 45 days of leave for miscarriage or abortion during their entire career, effective from September 12, 1994 (RBE 70/94, SC 79/94, ACS116, RBE 57/2011, SC 60/2011). This includes abortions under the MTP Act of 1971.

Maternity leave is an essential benefit for female railway employees, aimed at ensuring their health and wellbeing, as well as that of their newborns. Over the years, the provisions for maternity leave have evolved, reflecting the growing awareness and sensitivity towards the needs of working mothers.

This blog post delves into the current and previous maternity leave rules, along with other related provisions for female railway employees.

1. Duration of Maternity Leave

Current Provision: Female railway employees with fewer than two surviving children are entitled to 180 days of maternity leave, effective from September 1, 2008 (SC 144/2008).

Previous Provisions:

135 days from October 7, 1997 (RBE 154/97, SC 192/97).
90 days before October 7, 1997 (ACS116, RBE 57/2011, SC 60/2011).

2. Leave for Miscarriage or Abortion

Female employees are entitled to 45 days of leave for miscarriage or abortion during their entire career, effective from September 12, 1994 (RBE 70/94, SC 79/94, ACS116, RBE 57/2011, SC 60/2011). This includes abortions induced under the MTP Act of 1971.

3. Combining Maternity Leave with Other Leave Types

Maternity leave can be combined with other types of leave. Effective from September 1, 2008, employees may apply for up to 2 years of leave (previously 1 year) in continuation of maternity leave without a medical certificate.

4. Further Leave Post-Maternity Leave

Additional leave beyond maternity leave may be granted with a medical certificate, either for the employee’s illness or the illness of the newborn, if the baby’s condition requires the mother’s personal attention.

5. Impact on Leave Account and Qualifying Service

Maternity leave does not affect the leave account. However, any leave taken without a medical certificate after maternity leave will not count towards qualifying service for pension and increments (SC 98/90, RBE 242/2001, SC 5/2002).

6. Ad-hoc Appointments

Female employees appointed on an ad-hoc basis are eligible for maternity leave, provided their appointment is likely to continue through the leave period and beyond (SC 127/84).

7. Eligibility for Unmarried and Temporary Status Employees

Unmarried female employees are also eligible for maternity leave (SC 96/86). Female employees with temporary status have been eligible for maternity leave since June 25, 1991 (SC 101/91). Cases decided otherwise before this date do not require re-opening, and no recovery of overpayments is necessary (SC 25/1993).

8. Special Cases for Maternity Leave

Maternity leave is also granted in cases of stillborn children or if the employee has married a widower with children from a previous marriage, provided she has fewer than two surviving children at childbirth (RBE 250/99, SC 293/99).

FAQs on Maternity Leave for Female Railway Employees

1. What is the current duration of maternity leave for female railway employees?

The current duration of maternity leave for female railway employees with fewer than two surviving children is 180 days, effective from September 1, 2008 (SC 144/2008).

2. What were the previous durations of maternity leave before the current provision?

135 days from October 7, 1997 (RBE 154/97, SC 192/97).
90 days before October 7, 1997 (ACS116, RBE 57/2011, SC 60/2011).

3. How much leave is granted for miscarriage or abortion?

Female employees are entitled to 45 days of leave for miscarriage or abortion during their entire career, effective from September 12, 1994 (RBE 70/94, SC 79/94, ACS116, RBE 57/2011, SC 60/2011). This includes abortions under the MTP Act of 1971.

4. Can maternity leave be combined with other types of leave?

Yes, maternity leave can be combined with other types of leave. Employees may apply for up to 2 years of leave (effective from September 1, 2008) in continuation of maternity leave without a medical certificate. Previously, the maximum was 1 year.

5. What happens if additional leave is needed after maternity leave?

Further leave after maternity leave may be granted with a medical certificate, either for the employee’s illness or the illness of the newborn, if the baby’s condition requires the mother’s personal attention.

6. How does maternity leave affect the leave account and qualifying service?

Maternity leave is not debited against the leave account. However, any leave taken without a medical certificate after maternity leave will not count towards qualifying service for pension and increments (SC 98/90, RBE 242/2001, SC 5/2002).

7. Are female employees on ad-hoc appointments eligible for maternity leave?

Yes, female employees appointed on an ad-hoc basis are eligible for maternity leave, provided their appointment is likely to continue throughout their leave period and beyond (SC 127/84).

8. Are unmarried and female employees with temporary status eligible for maternity leave?

Yes, unmarried female employees are eligible for maternity leave (SC 96/86). Female employees with temporary status have been eligible for maternity leave since June 25, 1991 (SC 101/91). Cases decided otherwise before this date do not require re-opening, and no recovery of overpayments is necessary (SC 25/1993).

9. Are there any special cases where maternity leave is granted?

Yes, maternity leave is also granted in cases of a stillborn child or if the employee has married a widower with children from a previous marriage, provided she has fewer than two surviving children at childbirth (RBE 250/99, SC 293/99).