Can I Take Paternity Leave While on Probation? Seeking Advice on Employer's Denial

I would like to know if an employee is in a probation period like me, will I be eligible for paternity leave? I am in my probation, and I want to avail my paternity leave by the end of this month. However, my employer is not considering my request as I am still in probation. What are the necessary steps that can be taken to allow me to avail paternity leave?

Paternity Leave and Labor Law in India

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.

Grant of Paternity Leave During Probation

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 cannot 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 the central government. The civil servants of the 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 clarify your doubts.

Dear Friend,

In my view, paternity leave is not a right but a benefit extended to male employees to support and equally partner with their spouses in raising their child. Moreover, the benefit will apply according to your leave policy after fulfilling the eligibility criteria only. So, wait until your confirmation is done.

Regards, Wilma