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niketjha15
1

Dear All,
Is there any order/ judgement of supreme court regarding the provision of paternity leave in private as well as public firm?
If yes can anyone clarify on the same and send a link of that judgement?

From India, Vasco Da Gama
korgaonkar k a
2556

Dear Niketjha15,
There is no such law or judgment as regards to paternity leave in private or in public sector, to my knowledge.
You may have provision in your policy manual for paternity leave. There is no law which says, you can not give paternity leave. There is no law which restrict you to give any thing over and above any law and which is not detrimental to any law.

From India, Mumbai
NavneetSarin
94

Dear Niketjha

The question of Paternity Leave is not a new to India, Presently this is well accepted fact and many of the Good companies and Public Sector organisations have started approving it. In Government sector this has become a rule and CCS section 551 which is vastly followed by many autonomous bodies and Government/Public Sector Companies states in section 3(g):

Paternity Leave

(i) Eligibility: Male Government servant with less than two

surviving children. Apprentices are also eligible.

(ii) Duration :

Fifteen days during wife’s confinement.

(iii) Not to be debited to the leave account. May be combined

with any other kind of leave except casual leave.

(iv) Not to be refused normally.

(v) To be applied fifteen days before or up to six months

from the date of delivery. – Rule 43-A

(vi) Leave Salary : Equal to last pay drawn

The Paternity Leave is now a accepted fact due to the reason that now a days families have become Nuclear and there is no family support for the young couples in cities.

I hope this information will be of some help to you.

From India, Delhi
Ankita1001
737

Hi Niket,

I have not heard of any rules or regulation supporting it.

A paternity leave is as much of importance as a maternity leave in west. In west, they have long paternity leaves which help the new father to take care of his new born and his just delivered wife. He can spend some quality time with both and keep himself away from office tension for those few days.

However in India, this is not yet a mandatory requirement.

But when found the trend there are many organization that gives a paternity leave to their male employees which range from basic 1 day to as long as 10-15 days. That has depended on the type of organization and its growth in the sector.

These companies have introduced this policy for foll reasons:

1. They are adapting to certain policies from west which would help enhance employee-employer relation.

2. Better employee satisfaction & hence better engagement

3. Support their staff and let them know "We do care" so that they too reciprocate with same care.

Honestly a firm who cares for its employees is always rewarded with employees who want to give their best back to the firms they work for.

There's practically no harm in introducing (if you're planning to) a paternity leave in your firm. Sure you may negotiate how many leaves to be granted. But if you bring this to your policy, I'm sure your staff is going to love that.

Hope it helped :)

From India, Mumbai
korgaonkar k a
2556

Dear All,
As said by NavneetSarin, 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. A male Central Government employee 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.
In case child is adopted, the same rule of Paternity Leave applies.
While paternity leave is authorised for government employees there is no law that instructs the private sector to make it obligatory. Hence, paternity leave is open to interpretation by individual companies.

From India, Mumbai
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