Eligibility, Rules and Benefits Details of Paternity Leave in India

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The Indian government has launched the new Maternity Benefit Act 2016 and it is benefiting more than 1.8 million working females. Ever since males have heard this good news for ladies, they have also become curious to know if the government has some good plans for paternity leave in India. The importance of a father is equal to a mother, and yes this is absolutely correct that they should also be getting some time to enjoy fatherhood. A father is anticipated at the time of childbirth so that he can be available for the mother and the child physically and emotionally. Even the data shows that the divorce rate in Sweden is hugely reduced after the government enacted the rule of two months of paternity leave. The Indian male population has also been waiting to hear some good news around paternity leave in India.

Rules for Paternity Leave for Government Sector Employees

Although there is no legal law for paternity leave for private sector employees, there is a there is a small clause for central government employees. The rule states that a central civil service officer (including an apprentice) is entitled to a fixed period of 15 days paid leave. Here are the rules for paternity leave for government sector employees:

Rules for Paternity Leave In India for Civil Servants

  • The fixed 15 days paid leave is applicable only on the birth of first and the second child.
  • This leave can be availed anytime within six months of the childbirth.
  • If the leave is not taken within the prescribed time, it shall be considered lapsed.
  • The pay calculation for leave days will be calculated on the basis of the last salary drawn before proceeding on leave.
  • The paternity leave is free to get combined with any other kind of leave.

Eligibility for paternity leave

There is no such eligibility or rule for taking paternity leave in India. It is available for civil servants as well as every probationary officer and apprentice in the department. Hence, there is no rule that the person must be appointed before these much taking before taking leaves.

Paternity leave at the time of the adoption of a child

If a civil servant wants to adopt a child, he will be entitled to the paternity leave. However, this clause is not available for private sector male employees. They do no get paid paternity leave at the time of childbirth or adoption of a child.

Paternity leave rules around the world

  • Spain – In Spain, male employees are entitled to 30 days paid leave to enjoy fatherhood.
  • Germany – Fathers can take leave up to two months, even the leave can be extended up to 60 weeks (combined) if father and mother are both working in the same organization.
  • Iceland – Iceland has mandated 3 months paternity leave for new fathers, during this time they are paid 80% of the total monthly payment. They can extend the leave up to 6 months as per their wish.
  • Norway – In Norway, employees are entitled to have 46 weeks paid leave at the time of welcoming their child. The same policy is applicable to females as well.

Parental leave for private sector employees

As we know there is no clause or any rule enacted by the Government for paternity leave in India, however, the emerging companies make HR policies to give some time to their employees to enjoy fatherhood. There are various companies who have policies to take paternity leave ranging from 1 day to 7-8 weeks. It completely depends on the organization you work for. These policies are made to provide job satisfaction and motivation to employees. Here we come with some interesting facts about the policies of various global companies pertaining to paternity leave:

Company NamePaternity Leave
TCS15 days
Microsoft12 weeks
RBS2 weeks
Infosys5 days
Facebook17 weeks
Mckinsey8 weeks
Starbucks12 weeks
Oracle5 days
Deloitte16 weeks

Isn’t it ironic that companies around the globe are looking after the emotional needs of employees, and we Indians do not have some subtle rule pertaining to paternity leave in India in our Labour Law?

Paternity Leave Application

Does the absence of paternity leave promote patriarchy in India?

When the Indian government launched the new Maternity Benefit Act 2016 with 6 months paid leave for working women, it was widely appreciated throughout the world. At that time, there were many social activitists who openly criticized the law by saying that it will promote patriarchy in society. There are benefits, rules, perks, and facilities available only for Indian female, hence the onus of raising comes on the shoulders of females. The husbands do not get time or chance to share the responsibility emotionally or physically. So the absence of paternity leave increases the chances of patriarchy in societies like India.

Steps for the enactment of Paternity Benefit Act In India

Soon after the launch of Maternity Benefit Act 2016, the Indian political parties have initiated the work of introduction of Paternity Benefit Act in India. Mr. Rajeev Satav (Congress MP) introduced a bill in September 2017 to protect the paternal rights and to have some space for paternity leave in India. As per the draft, men working in the private sector will be entitled to 30 days paid leave at the time of childbirth. This leave will be applicable only for the first two children. It was said that the bill will be presented in the next session of parliament. However, there is no news in the media after that. We will keep posting it on our website as soon as we get it.

The draft copy of the paternity benefit bill 2017 by Shri Rajeev Satav can be downloaded from here.

Data Source: helplinelaw  |   paycheck

Reena Rawal

Reena Rawal

Passionate Writer / Blogger at Aaj Ki Naari
Hello, welcome to aajkinaari! I am Reena Rawal, a passionate blogger, and writer by heart from New Delhi, India.
While creating and managing this platform, I try to empower the existence of women in this changing era. Let's acknowledge women's endeavors in various areas and celebrate womanhood.
Reena Rawal
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