Paternity Leave in India: Importance, Eligibility & Rules

• Written by Nidhi Goyal

  Reviewed by Munmi Sharma

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Imagine the excitement of welcoming a new baby into your family. Those first weeks and months are a whirlwind of happiness, baby bottles, and sleepless nights. We all are aware of maternity leaves that moms often get to spend time with the new baby and also to heal from the  delivery period.

But, what snatched our attention today is that even dads can enjoy this phase fully and spend quality time with the little one without rushing to office.

Yes, you heard that right! Now fathers can also take time off – it's called parental leave for fathers.

Let's take a closer look at this special time for new dads and how it's changing the way families bond with their little ones.

What is Paternity Leave in India? 

Paternity leave is a special time when a father gets to take a break from work and be with his new baby and partner. Imagine you're a dad, and your family just welcomed a baby. Those first few weeks and months are precious. Paternity leave lets you be there during this important time.

Your employer might offer paternity leave as part of your job benefits. Central government employees can take up to 15 days of paternity leave as per the Central Civil Services (Leave) Rules, 1972. This can be taken either before the baby’s birth or within six months of the baby’s birth.

Eligibility for Paternity Leave for Fathers in India

Check if you, as a father, are eligible for application for paternity leave or not.

• All male employees welcoming a baby are eligible. Some companies allow paternity leave to people from the LGBT community as well.
• Applicable for the birth or adoption of a child (under one year old).
• Typically, it requires a minimum tenure with the employer, which is a minimum of 80 days.
• Subject to employer-specific paternity leave policy in India and government regulations.

Why is Paternity Leave for Fathers Important?

Look at the section below to know why paternity leave is super important:

Closing the Gender Gap in Work Laws 

Currently, Indian laws don't offer much when it comes to paternity leave. Dads typically get just 15 days off, while as per the Maternity Benefit (Amendment) Bill that was passed in 2017, mothers can take up to 26 weeks of maternity leave (that's 182 days!).

Need of the Hour

A big section of Indian society still sees men as the ones who bring home the bread and women as the homemakers. This traditional view, however, is undergoing a lot of change. Today, men, too, wish to be an involved part of the family.

Support for Working Parents

When only mothers can take time off from work after having a baby, they often feel pressured to take as much leave as possible. Sadly, if both partners can't take leave, most moms end up quitting their jobs permanently or for months or even years. But in places where both moms and dads can take leave, moms are more likely to keep working.

Helps Moms to Heal

Giving birth is a big deal, and mothers need time to rest and recover afterwards. In the absence of their partners, it can take longer for them to heal, and they may have more health issues in the months after giving birth. Having extra help from the fathers during this time can make a big difference in a new mother’s health.

Healthier Babies

Taking care of a baby is not always a cakewalk. Multiple helping hands make it easy to raise a healthier baby. Healthier babies mean happier parents, and it's often observed that happy people are more productive. So, paternity leave is beneficial not just for the parents but also for the employers.

Paternity Leave Rules and Guidelines in India

Paternity leave is not uniformly regulated across different sectors. As of now, there is no law mandating paternity leave in the private sector. According to recent surveys, only 14% of Indian companies have policies related to paternity leave. Paternity leave in India for private companies is governed by the company's own policies and regulations. All federal employees are eligible to take up to 12 weeks of paternity leave w.e.f. You have to apply for the paternity leave formally to the HR department or supervisor. There are no mandatory federal laws for paternity leave in the private sector, resulting in different terms by different companies. Some of the rules for paternity leave in India are given below:

• Duration: Central Government offers 15 days of paternal leaves taken either before or within 6 months of child’s birth or adoption. The leave tenure may vary for different private companies.
• Paid Leaves: Generally paternity leave is paid in the Central Government sector and in the Private Sector, it depends on company policy. Some companies may also offer partially paid or unpaid leaves.
• Denial of Leave: Employers can’t deny the leaves to an eligible employee who meets all formalities and criteria.
• Limitations: You should apply for paternity leave within six months of your child’s birth or adoption. Otherwise, the leaves will lapse.
• Separate Leaves: Paternal leaves are non-deductible from other leaves like Casual Leaves, Sick Leaves, etc.

How to Implement Paternity Leave Policies?

Many companies are understanding the importance of paternity leaves. It is important to consider the best practices to implement the policy to give hassle-free experience to new fathers. Here are a few tips to apply the policy:

• Create a paternity leave policy per India’s labour laws and regulations.
• Offer adequate support to employees applying for the leave.
• Communicate the paternal leaves and the right procedure to the new employees.

Parental Leave Benefits in India through an EOR

EOR companies tailor leave policies and employee benefits per local state statutory requirements. They handle the administrative responsibilities & ensure compliance with local labor laws. If you have been hired through an EOR, then you can ask your EOR partner regarding the company culture and paternal leave policy. Usually the leaves are not offered in every organisation but some may offer leaves up to two weeks. They have created the expense reimbursement and leave management to suit your needs. 

Paternity Leave in India: The Road Ahead! 

In India, when it comes to paternity leave, the focus has primarily been on government employees, leaving those in the private sector with less clarity. Recently, the Madras High Court heard a petition from a police inspector who requested paternity leave, but authorities issued a desertion order despite an extension. However, there's a changing trend.

The Ministry of Women and Child Development has suggested making paternity leave a formal part of employment regulations in the organised sector. But many private companies are already offering paternity leave, even without any specific paternity leave rules telling them to.

However, paternity leave in India is slowly gaining recognition. It helps bridge gender gaps, challenges stereotypes, supports working parents, aids in maternal recovery, and contributes to the bringing up of healthier babies. While government regulations are evolving, many private companies are already offering this benefit. By setting an example big brands such as Zomato, Wipro, TCS have started offering paternity leaves to their employees.

Your Baby Deserves Love and Care

As we appreciate the value of paternity leave in India, it's also essential to stress the importance of securing suitable health insurance for your medical needs. The investment complements the support provided by paternity leave and contributes to a healthier and more secure future for your loved ones and yourself.

If you are planning to start a family soon, you must consider securing the health of the mother and the child with our Joy Maternity Health Insurance Plan. Joy is a comprehensive health insurance plan by Care Health Insurance that is very much in line with your needs. The policy offers comprehensive coverage of Rs 3 & 5 Lakh with maternity benefit. The new born can be covered from the day 1 of the birth. For more detail you can request for a call from our expert.

>> Also Read: Maternity Leave Rules in India 2023

Disclaimers: All plan features, benefits, coverage, and claims underwriting are subject to policy terms and conditions. Kindly refer to the brochure, sales prospectus, and policy documents carefully.