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Thread Started by #SreyaOberoi

HI,
My organization is interested in introducing Paternal leave policy for our employees. Since it is not mandated by law, organizations who have incorporated this benefit has varying number of days of paid leaves or eligibility criterion.
Request you all to Please let me know what is the market data/ benchmark of minimum number of days worked in the organization to be eligible for Paternal leave policy.
thank you for your support.
Regards,
Sreya
30th December 2015 From India, Kharghar
Dear Sreya,

Congratulations on your initiative to introduce it. To add on to your research, please find my views mentioned below:

There is no standard benchmark in the Private sector for Paternal Leave. Companies offer from 5-15 days with pay post birth of the child. Facebook recently declared two months Paternity leave. Here's a detailed article on the support offered. According to this report Flipkart offers upto 6 weeks.

Here are few discussions on how our members have shared the practices from their organisations.

Paternity Leave Process

Paternity leave voluntary or compulsory

Designing Paternity and Maternity Leaves

Here's a mention of the Paternity Leave by All India Services 1955 with details :

Paternity leave—(1) A male member of the Service (including a probationer) with less than two surviving children, may be granted paternity leave by an authority competent to grant leave for a period of 15 days, during the confinement of his wife for childbirth, i.e. up to 15 days before, or up to six months from the date of delivery of the child.

(2) During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) The paternity leave may be combined with leave of any other kind. (4) The paternity leave shall not be debited against the leave account.

(5) If paternity leave is not availed of within the period specified in sub- rule (1), such leave shall be treated as lapsed.

Note:- The paternity leave shall not normally be refused under any circumstances.

18 (C)* Paternity leave for child adoption—(1) A male member of the Service (including a probationer) with less than two surviving children, on valid adoption of a child below the age of one year, may be granted Paternity Leave by the competent authority for a period of 15 days, within a period of six months from the date of such adoption:

Provided that such leave shall not be refused under any circumstances.

(2) During the period of Paternity Leave, such member shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.

(3) The Paternity Leave may be combined with leave of any other kind.

(4) The Paternity Leave shall not be debited against the leave account.

(5) If Paternity Leave is not availed within the period specified in sub-rule (1), such leave shall be treated as having lapsed.

Source: DOPT AIS Rules

Last but not the least, here's a mention about the leave in Government Sector for your reference.

"In India, the Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. He can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed. For paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave. Also, the same rule applies when a child is adopted.

While paternity leave is sanctioned for government employees, there isn't any such law that indoctrinates the private sector to make it obligatory. Hence, paternity leave is open to interpretation by individual companies.

Despite there being no legislation, the New Delhi High Court in 2009 passed a judgement allowing paternity leave in private schools with Chandramohan Jain, a private school teacher, getting his deducted salary back as his leaves were recognised as Paternity leaves by the court." source : Law help
30th December 2015 From India, Mumbai
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