Eligibility for paternity leave in probation period? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
W Gupta
Hr Professional
Sourjya1986
Senior Sales Consultant

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I would like to know if an employee is in probation period like me, will i be eligible for a paternity leave because i am in my probation and i want to avail my paternity by the end of this month and the employer of mine is not considering the same as i am in probation. What are necessary steps that can be taken to make me avail the paternity leave?
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It is doubtful to me whether paternity leave is recognized by any Labor Law in India as of now. If your establishment has included this in the schedule of leave to be granted to employees as per its leave policy, then the situation is different. In such a situation, the grant of paternity leave would then be subject to the specific rules laid down in this regard. If the probationer is precluded from this leave during the course of his probation period, there can not be any scope for a complaint by an affected individual.
Dear Sourjya,
During probation you would not be eligible for any kind of leave except leave of LOP for exigency of work, if not working in central Government.
The civil servants of central Government however are entitled to paternity leave. A male civil servant (including an apprentice, probationer) with less than two surviving children, may be granted Paternity Leave for a period of 15 days before or up to six months from the date of delivery of the child.
Hope this will calrify your doubts.
Dear Friend,
In my view paternity leave is not a Right but A benefit extended to male employees also for supporting and equally partnering with their spouses to raise their child.
Moreover, benefit will apply as per your leave policy after fulfilling the ELIGIBILITY CRITERIA Only. So wait till your Confirmation is Done.
Regards,
Wilma
Also it is reiterated, that there is substantial difference in the benefits allowed to Government Employees from Private employees, so lets not compare but abide by the individual company policies. You will not get luxury of all the benefits in all organizations. Be Happy that you have a Job.
SO CHERISH THE BEST AND LEAVE THE REST!!!!!!
Cheers!
Wilma
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