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Paternity leave in India: Meaning, rules, eligibility policy
A well-crafted leave policy often provides flexibility to help employees manage both work and personal life. Paternity leave is one such leave that allows employees to spend time with their newborn child.
Learn what paternity leave is, things to keep in mind while including paternity in your leave policy, and its rules in this article.
Introduction to paternity leave in India
The concept of paternity leave is evolving in India. While female employees are entitled to mandatory maternity leave, male employees have traditionally relied on casual leave or privilege leave to spend time with their newborns.
Although there is no specific labour law mandating paternity leave, many private organisations are beginning to include it in their leave policies to support the well-being of their employees.
Paternity leave meaning
Paternity leave is a type of paid leave provided to fathers when they have a newborn child. This leave allows new fathers to spend quality time with their families and helps them form a strong bond with their child.
Paternity leave is also applicable in cases of adoption, giving fathers the opportunity to be present and involved in their child's early life. By offering this leave, employers support gender balance in parenting responsibilities.
Paternity leave rules for private companies in India
The Indian labour laws do not mandate paternity leaves to employees. As a result, private companies can choose to include or exclude the same from their policies.
The duration of this leave varies based on the company policies. Nevertheless, it may range from 15 days to five weeks within six months of the birth or adoption of a child.
Paternity leave rules for government employees
Both the central and state governments have the authority to regulate and establish paternity leave policies. The rules for availing paternity leave vary depending on whether an employee works for the central government or a state government.
Central government employees
As per Central Civil Services (leave) Rule 551 (A), 1972, a male central government employee with fewer than two surviving children can avail a 15-day paternity leave before or within six months after the birth of the child. To qualify, male employees must have served the company for at least 80 days in the 12 months prior to the leave.
State government employees
Leave policies for state government employees vary for each state. While states like Tamil Nadu have provisions for paternity leave similar to the Central Government, states like Kerala offer a 10-day paternity leave within 3 months of childbirth.
Eligibility criteria for paternity leave
In India, paternity leave is typically granted based on the following criteria:
- Male employees expecting a new child, either through birth or adoption.
- The employee is required to meet the minimum service duration specified in the company’s leave policies. For Central Government employees, this usually means having completed at least 80 days of service.
Paternity leave duration
The duration of paternity leave varies depending on the employer's policies, typically ranging from 15 days to 5 weeks or more. Regardless of the length, the employee gets paid fully during this time and the leave is also not deducted from other leave balances such as casual leave, privilege leave, and sick leave.
Crafting a paternity leave policy
Here are the things you need to keep in mind as an employer while designing a paternity leave policy:
- Legal compliance
Ensure that your policy complies with applicable Indian labour laws and regulations. This includes offering paternity leave for central and state government employees and not deducting the employee’s salary during the leave period
- Transparent communication
Clearly communicate your paternity leave policy to all employees. This transparency helps employees understand their rights, eligibility, and benefits, fostering a positive and informed work environment.
- Easy application process
Make the leave application process straightforward and employee-friendly. Additionally, offer support to employees who may need guidance when applying for paternity leave.
Difference between maternity and paternity leave
| Factors | Maternity leave | Paternity leave |
| Type of organisation and number of days | Employers provide maternity leaves irrespective of public or private organisations. Usually, 26 weeks of maternity leave is provided by Indian employers. | The central government provides a 15-day paternity leave to its employees. The applicability and duration can vary for private companies as the leave is not mandated by the government for private sector workers. |
| Gender | Salaried female employees can avail maternity leaves. | Salaried male employees can avail this leave for their parenthood. |
| Exceptions | Adoption and surrogacy allow 12 weeks of maternity leave by employers. | As per company policies, male employees can avail this leave for adoption, which typically ranges from 15 days to five weeks. |
| Regulatory guidelines | This leave is regulated by the Maternity Benefit Act, 1961 and later the Maternity Benefit (Amendment) Act, 2017. | The Central Civil Services Rules govern paternity leave for central government employees. For private-sector employees, the leave is regulated under the yet to be implemented Paternity Benefit Bill, 2017 |
Learn in-detail about maternity leave meaning and policy.
Importance of paternity leave for employers
- Attracting and retaining talent
Providing paternity leave indicates an employer's support and care for their employees. This can make the company more attractive to potential hires, as candidates are more likely to choose jobs that offer such benefits. Additionally, existing employees are less likely to seek other opportunities if they know their company provides paternity leave, making talent retention easier.
- Promoting gender equality
This leave fosters gender equality by recognizing the shared responsibility of parenting. When both mothers and fathers are supported in balancing work and family duties, it creates a more inclusive and positive work environment.
- Enhancing brand image
Offering paternity leave improves the company’s reputation as a flexible and employee-centric workplace, thereby positioning the organisation as a preferred employer in the job market.
Frequently asked questions on paternity leave
Is paternity leave mandatory in India?
Paternity leave is mandatory for new fathers working in Central Government-run organisations. However, it is not required for state government organisations or private companies in India to provide this leave to their employees.
What is paternity leave?
Paternity leave is a type of leave provided by employers to new fathers, allowing them to spend quality time with their newborns. The duration of this leave is typically 15 days but may vary based on the employee's tenure with the organisation.
What is maternity leave for men?
Men are not eligible for maternity leave. However, they can take paternity leave, which is the equivalent of maternity leave, depending on the company's leave policies.
