Paternity Leave in India

The birth or adoption of a child is the beginning journey for both the parents (mother and the father). It is necessary for both to bond with their newly born and transit into their new life with each other. Given, the professional commitments and responsibilities, it becomes difficult for the father of the new born to bond with their child and assist their spouses in the difficult transit time. Paternity leave in India serves as a crucial support system that faciliates the new fathers to take care of their family during the time of transit.

The debate on paternity leave policy in India has been active for a while for people understanding their rights and necessity to have paid leave policy for adapting to parenting life and preserving their mental and physical well-being.

However, post pandemic era in the private sector has enhanced the flexible working provision such as remote and hybrid working culture, (IT industry in specific) whereas, other domains are entitled to work from office which has necessitated the introduction of a paternity leave policy in India that would add to the well-being of the employees rather than just “well-being washing”.

In this blog, we will give you an insight into the paternity leave policy in India, the eligibility criteria required to avail it and other beneficial details that will help you understand paternity leave policy in details.

What is Paternity Leave?

Paternity leave policy is a leave provision that allows the male employees paid leaves becoming new fathers. This leave is granted to the new fathers during the time of birth or adoption of a child to take care of the mother, child and to spend time to bond with the child.

The length of the paternity leave varies as per company culture, policies, country, employer and various other policies, which the company can convey using their employee leave management system. It may range from a few days to several weeks and months depending on the employer, work location of the employee, and so.

Some countries has made the paternity leave policy fully or partly paid while some had it unpaid. Also, some countries have paternity leave policy as a mandate while for some it is optional. Countries like Sweden and other Nordic countries, paternity leave is extensive and well-compensated while in U.S., there is no federal mandate for paid paternity leave, though the Family and Medical Leave Act (FMLA) allows eligible employees to take unpaid leave.

In India, the paternity leave policy varies as per public and private sector policies. For the government employees there is paternity leave provisions where as for the private sector employees it varies as per the employer and its policies which we will understand it in latter part of this blog.

Eligibility Criteria for Paternity Leave in India

The eligibility criteria for paternity leave in India varies as per the public and private companies.

1. Public Sector Eligibility:

The central government employees are eligible for paternity leave under the the Central Civil Services (Leave) Rule 551(A) of 1972. Under this law, Employees are eligible for paternity leave only when:

• The male employee must have completed at least 80 days of working in the organization in the 12 months before the birth or adoption of a child.
• The male employee has fewer than 2 children
• The leave can be availed up to 15 days before or within 6 months of child birth or adoption
• The employee should be an employed under central government or state government (eligible for paternity leave policy implementing states).
• He must be a regular and permanent employee. Contractual or temporary government staffs aren’t eligible for this provision.
• In case of adoption of a child by the employee the paternity leave is applicable though specific terms may vary.

2. Private Companies Eligibility

The eligibility for the paternity leave policy varies for the private sector employees as per the company terms, country of origin, workplace culture and the employer. However, a basic eligibility structure for the private companies employees can be:

• A minimum tenure (as decided by the company policymakers) of employment in the company.
• A certain number of children covered under the policy (as decided by the company policymakers)
• Fewer than 2 surviving children (varies as per company policies). Many private companies follow the rule of government in this case.
• Available to permanent employees. Contractual and temporary employees are barred from availing the paternity leave provisions.

Paternity Leave Policy in India (Public & Private Sector Laws)

The paternity leave policies in India varies as per public and private sectors. Where for a public sector employee the paternity leave policies in India is mandated as per the central civil services leave policy, for the paternity leave in the private sector is dependent on the employer and other company policies. Let us understand in details:

➔ Public Sector Laws:

The central government employees are entitiled for the paternity leave to take care of their family but there are a few states as well who follow the rule and provide the same provisions as central government employees.

As per the Central Civil Services (Leave) Rule 551(A) of 1972 the paternity leave is provided for:

• The male employee having permanent employment under the central government organization.
• State government employees are entitled to such provisions if the state government supports the initiative.
• The male employee must have worked in the organization for at least 80 days in 12 months before the birth or adoption of a child.
• He must have fewer than 2 children
• 15 days of paid leave which can be availed up to 15 days before or within six months of the birth or adoption of the child.
• While the new father is required to provide a notice of entitlement 15 weeks before the birth of the child, they will now need 28 days leave notice of leave to avail their paternity leave.
• It is applicable in case of adoption of a child under 1 year of age.
• The employee must avail the leave within the specified period it shall lapse.

➔ Private Sector Laws:

For paternity leave in India for private companies, there are no mandatory laws abiding these provisions. It varies as per the employer, company policies, location of the company and the work culture. However, the basic structure of paternity leave which might be followed by a private sector company is:

• The male employees should have permanent employment in the organization.
• Male employee with fewer than 2 children (can vary as per company policymakers)
• Some private companies offer paternity leave ranging from a few days to several weeks. Example-certain organizations provide up to 26 weeks of paid paternity leave.
• A minimum term of employment in the organization (as decided by the policymakers of the organization)
• Contractual and temporary employees are barred from availing the paternity leave provisions.

The private companies are legally bind to provide paternity leave to their employees so, it is advised for private employees to consult their HR department for the briefing or understanding their paternity leave provision.

For the employees belonging to LGBTQ+ community there are no specific laws abiding for the paternity leave, but there are companies that support them and provide full support for childcare to the new parents.

Why is Paternity Leave Important?

The importance of paternity leave is significant for the employees to enhance their personal well-being as well as to allow them time to bond with their newborn or adopted child. The concept of paternity leave is the same as maternity leave in which 15 days of paternity leave is allowed to the male employees to take care of their other half and child.

Although the maternity leaves period is longer than the paternity leave, but the intent of both is same, that is to adapt to the new changes and bond with the child.

Let us understand in details:

➔ Support Family Bonding

The paternity leave facilitates the employee to take care of his child and other half in the transit period of life. Parenting being an shared responsibility, parental leave to the male employees justifies the cause and provide them time to manage their personal well-being.

Also, it supports family bonding which as a result strengthen the employee relation with the organization. A sense of belongingness develops among the employees that strengthen their cause to stay retained in the organization.

➔ Improve Parental Well-being

Parental well being is the satisfaction you get from being parents which requires balancing the demands of parenting with own needs and overall life satisfaction. Paternity leave is a significant move that will improve the parental well-being of employees.

It will provide them time free from professional commitments to focus on the personal lives and adapt to parenting responsibilities.

➔ Encourages Shared Responsibilities

Parenting is a shared responsibility, and encouraging it is enlightens the motive as well as create a sense of responsibility in the new fathers to take care of both the child and the mother. This approach helps in creating a nurturing environment where both parents actively contribute to the upbringing of their child, paving the way for healthier family relationships and a more equitable society.

➔ Promote Gender Equality

Breaking the age-old stereotype of burdening mothers with childcare responsibilities and the sole duty of men to earn, paternity leave challenges traditional gender roles by allowing fathers to actively participate in early childcare, fostering equality and stronger familial bonds while promoting work-life balance for both parents.

➔ Boost Employee Morale

The organization commitment towards the well-being of employees creates a sense of belongingness in the workforce which makes their relationship stronger with the company. This as a result boost their morale to perform exceptional and align their personal interest with that of the aim of the organization.

Fostering of employee morale not only keeps talents rooted in the organization but also attracts proficient talents into the organization.

➔ Enhance Work-life Balance

Paternity leave for employees improves their personal lives by fostering their bond within the family and providing them time to be adaptive to the new change in life. This leave can be a great initiative to contribute to the work-life balance culture and improve the work culture of the organization. Also, the work-life balance fosters enthusiasm and morale in employees to perform better.

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➔ Surges Productivity

With enhanced work life balance and a positive work culture, the employees, productivity surges, improving their performance, focus and work commitment. The paternity leave is a significant initiative that balances the employees’ work life balance resulting in surging of their morale to perform exceptionally in their professional space.

➔ Strengthen Work Culture

The paternity leave to employees strengthen the work culture of the company by facilitating them work-life balance and prioritizing their well-being. Paternity leave and the benefits associated with it determines the positivity in work culture hence enhancing the retention rate as well as attracting proficient candidates to the organization.

Best Strategies to Implement Paternity Leave Policies

To implement the paternity leave in the private sector or public sector, it is essential to strategize the process to avoid breach of paternity leave policies and also comply with other policies of the organization without hampering the work flow and operations of the company.

• Establish clear objectives of the paternity leave in the private sector. For the public sector employees, the rules are pre defined by the government which requires compliance.
• Ensure that the paternity leave policy aligns with your company’s policies, values, work culture and long term goals.
• Implement a robust HRMS management system to support paternity leave policies for employees working in hybrid or remote work model as well.
• Competitor analysis and benchmark against competitors can help you get analytics on the ongoing market leave policies.
• Research the state paternity leave policies in the location of your company to ensure compliance
• Clearly define the eligibility criteria, age, employment period, type and other parameters that will allow options for fathers to take leave in a single block or spread it out over a specific period.
• Offer leave planning tools to the employees and the managers such as leave management system, etc to plan and apply for leave in prior.
• Track paternity leave usage to evaluate effectiveness.
• Solicit feedback from employees on paternity leave policies to identify areas of improvement and adapt the policy as needed.
• Highlight the policy in recruitment efforts to attract top talent and enhance the company’s reputation as a family-friendly employer.

Key Takeaways

Paternity leave for the employees is a great initiative for the new fathers to adapt to the new change in life as well as to take care of their child and spouse. It not only promotes the mental wellbeing of employees but also keep them committee to the company hence enhancing retention rate and attracting proficient skills to get associated to a family-friendly company.

FAQs on Paternity Leave in India

1. Is Paternity Leave mandatory in India?

No, there is no mandate for paternity leave for private sector employees in India. However, there are some private companies that frame their own policies on parental leave and follow it in accordance. Whereas, for the central government employees, there is a structured 15 days of paternity leave policy.

2. How many days’ Paternity Leave in India?

15 days of paternity leave is granted to the central government employees where as there is no specified days of paternity leave rules for the private sector employees. The private sectors frames their own rules as per their need if they ever need to implement the paternity leave provision.

3. What is Paternity Leave in India?

Paternity leave is the leave granted to the male employees on becoming new fathers by birth or adoption of a child to take care of the family and bond with the child.

4. Is Paternity Leave allowed in the New Labour Law?

No, there is no National law that mandates paternity leave rules. So, it is not mentioned in the new Labour law.

5. Is Paternity Leave paid or unpaid in India?

The paternity leave being paid or unpaid depends on the company policies for the private companies. Whereas for the central government employees, 15 days of paid leave is granted under the Central Civil Services (Leave) Rule 551(A) of 1972.

6. Can Paternity Leave be rejected?

No, paternity leaves for central government employees cannot be rejected. Whereas, for the private sector this is debatable. In a recent hearing in madreas court the court ruled that rejecting paternity leave violates the Right to life under Article 21 of Indian constitution.

7. Can Paternity Leave be combined with other types of leave in India?

Yes, paternity leave can be combined with other types of leaves or provisions except for casual leaves. It cannot be combined with casual leaves.