Paternity Leave During Training: Can Male Employees Access It Without Confirmation?

Hello everyone, I have a question to ask: just like in maternity leave, a woman employee becomes eligible for maternity benefits if she has worked for 80 days in the organization. Is there any such time criteria for paternity leave? Can a male employee avail it while being in the training period, i.e., not being confirmed?

The All India Services (Leave) Rules, 1955

18(B) 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 a 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.

Paternity Leave in Indian Labor Laws

So far in Indian labor laws, there is no provision for paternity leave.

Regards,
Varghese Mathew

Hi Dipti, thanks for the information, but my doubt was whether an employee in the training period can avail of this leave or not. Is there any criteria for the minimum number of days he has to serve the employer, or does he have to be confirmed (regularized) in the organization?

To clear your doubt, you will have to read THE ALL INDIA SERVICES (LEAVE) RULES, 1955.

Thanks,
Dipti

There is no such rule for paternity leave. I believe it totally depends on the company's internal policy. In most organizations, it is normally allowed for 7 days, and no confirmation or training completion clause is added. It is applicable from the 1st day of service.

Please let me know in case you have any different opinion.

Regards,
Manoj

Hi, thanks for the valuable information and correction of spelling mistakes. I work in MPPKVVCL (Madhya Pradesh Paschim Keshtra Vidyut Vitran Company Ltd), a state government undertaking.

Can you tell me under which act these rules fall? You cannot take things in abstract. There has to be a proper check to see if a certain set of rules applies to you or to the concerned case.

Paternity Leave Eligibility During Training Period

As far as concerns for the subject, "Can male employees avail paternity leave while being in the training period?" it entirely depends upon the internal policies of the concerned service/organization. Even the span and conditions for paternity leave may differ from organization to organization. There is no need to be confused with AIS/CCS/State/Railway service rules.

Refusing Paternity Leave to Father Violates Child's Right to Life Under Article 21: Madras HC, Says India Needs a Law on This Subject

https://www.livelaw.in/high-court/ma...ia-235738?s=08

Hi, thank you for sharing this important information. It is crucial to recognize and uphold the rights of fathers to paternity leave, as it not only benefits the father but also contributes to the well-being of the child. The statement from the Madras High Court underscores the need for legislation in India to protect and support this fundamental right. Addressing these issues is essential for promoting a more inclusive and supportive work environment for all individuals.