Paternity Leave from Quora

 Paternity Leave

In india there is an explicit mention of Paternity leave for 15 days in Civil Service. however there is no mention for Private Service Sector.

PART III - Leave Rules

CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972

43-A. Paternity leave:

(1) A male Government servant (including an apprentice) 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 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.]

Ref: Ref. vide Government of India, Department of Personnel and Training Notification No. 13026/1/99-Estt. (L) dated the 18th April, 2002 (G.S.R. No. 149 dated 27th April, 2002).

Private Sector has a Labour Law, but noting specific for Service Sector.


The proposition of the Paternity Benefit Bill in 2017

Three years ago in 2017, After the Maternity Benefit Amendment Act happened, there was a new bill proposed, known as The Paternity Benefit Bill. Rajeev Satav, an MP from Maharashtra, stood up for the benefits of fathers of newborn babies. This new bill states that all workers, both in unorganized and private sectors, should get paternity leave of fifteen days, which is also extendable up to three months.

Government Sector Employees and Paternity Leave

For employees working in the government sector, there are some benefits of paternity leaves. The Central Government in 1999, under Central Civil Services (Leave) Rule 551 (A), introduced the following provisions for paternity leave.

  1. With less than two surviving children.
  2. For a period of 15 days to take care of his wife and child.
  3. Possibility to avail the leave 15 days before, or within 6 months from the birth of the child.
  4. If such leave is not availed, it will be treated as invalid.
  5. A leave salary equal to the pay before the leave will be paid.

Private Sector Employees and Paternity Leave

Paternity leave is sanctioned for the government employees, but there is no law that mandates private sectors when it comes to paternity leave. Therefore, it is open to interpretation by the individual companies themselves.

For ex:

  • Infosys gives 5 days
  • TCS gives 15 days

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