Curious About Paternity Leave? Let's Explore What the Law Says and Industry Practices

I wish to know the provisions for Paternity Leave in the industries. Could you please provide the following information:

1. **What does the law say?**
2. **In which industries is it applicable?**
3. **What will be the minimum and maximum duration for availing leave?**
4. **How will it be applicable and counted?**
5. **What are the minimum provisions for an individual?**

Kindly guide me on this matter.

Regards

Paternity Leave in India

In India, there is no legislation governing paternity leave applicable to private companies. A few firms offer paternity leave as part of their employee-friendly policies, but this is solely a matter of company policy and is not governed by any law.

Regards,
Madhu.T.K

Please check again, this is Paternity Leave, which is a concern, not maternity leave.

With Regards,
Manoj Tiwari

Dear Pari, kindly go through the Maternity Benefit Act. Your doubts will be cleared regarding maternity leave for women employees and paternity leave for male employees. In most companies, they grant 5-7 days of leave to male employees. I strongly suggest that you review the Maternity Benefit Act.

Regards,
Sriram R.

Dear All,

I have just searched on Google and found that government organizations have their own rules to follow, and similarly, private organizations have different policies aligned with their business needs and welfare policies. Below are the railway procedures for your reference.

Paternity Leave (PL)

Welfare Measures | Leave Rules

• Granted to male Railway employees (including Apprentices) with less than 2 surviving children.

• Granted for 15 days.

• During the period of confinement of the wife of a Railway employee. Can be availed in the period between 15 days prior and 6 months after the date of delivery of the child.

• Can be availed only in one spell.

• If not availed, it will lapse.

• It is not to be debited against the leave account.

• May be combined with any other type of leave as in Maternity Leave.

• Leave salary equal to pay drawn just before proceeding on leave.

• Paternity Leave may not normally be refused.

• May be granted to Casual Labour who has temporary status for 15 days.

• With effect from 22.07.2009, it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.

I hope this clarifies the matter, and it is suggested that you read MBACT. By correlating, you will get the answer you desire.

With Regards,

Manoj Tiwari

Also, find one link; this will definitely help you.

OFFICE MEMORANDUM

Subject: Recommendations of the Fifth Central Pay Commission relating to the enhancement of the quantum of MATERNITY LEAVE and to allow PATERNITY LEAVE in respect of Central Govt. Employees.

The undersigned is directed to say that consequent upon the decisions taken by the Government on the recommendations of the Fifth Central Pay Commission relating to Maternity Leave and Paternity Leave, the President is pleased to decide that the existing provisions of the Central Civil Services (Leave) Rules, 1972, may be treated as modified as follows in respect of civilian employees of the Central Government:

- The existing ceiling of 90 days of maternity leave provided in Rule 43(1) ibid shall be enhanced to 135 days.
- A male Government servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity Leave). It may not normally be refused under any circumstances.

These orders take effect from the date of issue.

In the light of paragraph 2 above, a female Government servant in whose case the period of 90 days of Maternity Leave has not expired on the said date shall also be entitled to the Maternity Leave of 135 days. Similarly, Paternity Leave to a male Government employee may also be allowed in case his wife had given birth to the child on a date not prior to 135 days from the date of issue of this order.

Formal amendments to the Central Civil Services (Leave) Rules, 1972, are being issued separately.

Insofar as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.

Hindi version is enclosed.

( B. GANGAR )

UNDER SECRETARY TO THE GOVERNMENT OF INDIA

To

All Ministries/Departments of the Government of India.

Endorsements as per standard list.