Paternity leave policy in India

When Aarav became a father for the first time, his life changed overnight.

Sleepless nights, hospital visits, endless diaper changes, and the overwhelming responsibility of caring for a newborn quickly became part of his daily routine. But while his world had completely shifted at home, work expectations remained exactly the same. After just a few rushed days off, Aarav was back on calls, replying to emails between baby cries, and struggling to support his recovering partner while managing deadlines. Like many fathers in India, he realized something important, parenting is not just a mother's responsibility.

Today’s workforce expects workplaces to recognise that fathers need time too. Time to bond with their child. Time to support their partner. Time to adjust to one of life’s biggest transitions.

That is why paternity leave policies are becoming a reflection of how modern, people-first companies support working parents and build inclusive workplace cultures. As organizations rethink employee wellbeing and gender-equal benefits, having a clear and supportive paternity leave policy is becoming essential for attracting and retaining talent.

Hence, drafting a robust paternity leave policy can be the solution to support employees during this crucial time.

What is paternity leave in India?

Paternity leave is a period that a father is allowed to take off from work following the birth or adoption of a child. 

The purpose of this leave is to allow the father to bond with the new child, support the partner, and help with childcare and household responsibilities during this significant life event. 

The specifics of paternity leave, such as its duration and whether it's paid or unpaid, vary by country, region, and individual employer policies. It's part of a broader category of family leave policies that also includes maternity leave and parental leave.

Paternity leave rules in India - What does the law say for public sector employees?

In India, paternity leave rules differ depending on whether you're employed in the public sector or the private sector:

For public sector employees:

1. Central Government Employees: 

As per the Central Civil Services (Leave) Rules, 1972, male employees with less than two surviving children are entitled to 15 days of paternity leave within six months of the birth or adoption of a child. This leave can be taken before the birth or up to six months after.

2. State Government Employees: 

Paternity leave rules for state government employees vary by state. Some states, like Tamil Nadu, offer paternity leave similar to the central government, while others might not have any specific provisions. You should check with your respective state government department for their specific policy.

Paternity leave rules in India - What does the law say for private sector employees?

For a private sector employee, here is what it says.

1. Currently, there is no national law mandating paternity leave in the private sector in India. This means companies are not obligated to offer paternity leave as part of their employee benefits package.
2. Many private companies do offer paternity leave, though the duration and terms can vary significantly. Some companies might offer the same 15 days as the central government, while others might offer more or less. Some might have specific eligibility requirements or restrictions.
3. It's crucial to check with your employer's HR department to understand their specific paternity leave policy, if any. This will provide you with clear information about your eligibility, duration, pay during leave, and other relevant details.

Paternity leave rules in the private sector - What should the HRs know?

The mentioned 15-day leave is tailored for central government employees. A nationwide formal paternity leave policy is currently absent for private sector employees.

Despite the legislative void, many private companies take the initiative. They're designing and offering paternity leave benefits, albeit governed by their organizational policies. 

Eligibility criteria for paternity leave in India

The eligibility criteria are also set by looking if the employee works in the public or private sector. 

Public sector employees:

As per the Central Civil Services (Leave) Rules, 1972, male employees with less than two surviving children are eligible for 15 days of paternity leave. 

This leave can be taken before the birth or up to six months after. You must:

1. Be a male employee.
2. Have fewer than two surviving children.
3. Be working for the Central Government.
4. Have worked for at least 80 days in the preceding 12 months before the expected delivery or adoption.

Each state has its own rules for paternity leave, so eligibility varies. Some states might offer similar rules to the central government, while others might not have any specific provisions. 

Private sector employees:

Currently, there is no national law mandating paternity leave in the private sector in India. This means companies are not obligated to offer it.

Many private companies do offer paternity leave, but the eligibility, duration, and terms can vary significantly. Check with your employer's HR department to understand their specific policy and eligibility criteria. They might require:

1. Being a male employee.
2. Having worked for a specific minimum period with the company.
3. Meeting other specific requirements set by the company.

Additional factors to consider:

• Adoption leave: Some policies might extend similar leave benefits to cases of child adoption.
• LGBTQ+ employees: While not explicitly mentioned in many policies, some companies might offer paternity leave to eligible individuals regardless of gender identity or sexual orientation.

Global comparisons and trends

Globally, parental leave policies have been advancing towards extended, gender-neutral leave periods, with countries like Sweden offering up to 480 days of paid shared parental leave, and many European nations providing at least 18 weeks of paternity leave. This trend reflects a commitment to family-first values and highlights the benefits of giving parents substantial time to bond with their children without the pressure of financial strain. While India is beginning to adopt paternity leave policies, there is still room to grow in line with these global standards. By aligning with international trends, Indian companies can attract top talent and foster a more supportive, family-friendly workplace culture.”

Scope of paternity leave policy

This paternity leave policy applies to all male employees of the organization whether permanent, probationary, or contractual  who become fathers through childbirth or adoption. It outlines the eligibility, duration, and process for availing paternity leave.

The policy aims to:

• Support employees in balancing work and family responsibilities.
• Encourage active involvement of fathers in early childcare.
• Promote gender equality and inclusive workplace practices.

This paternity leave policy is applicable across all company locations in India unless otherwise specified by local laws.

Designing a paternity leave policy - What should your policy outline?

1. Legal Compliance

Always keep abreast of India’s evolving labour laws and regulations. 

Tailor your paternity leave policies accordingly to ensure they're compliant and serve the best interests of your employees.

2. Transparent Communication:

Educate your workforce about their paternity rights and benefits. 

This not only involves issuing a comprehensive written policy document but also organizing informative sessions or workshops.

Address the following points -

• Outline of the company's paternity leave provisions.
• Eligibility criteria.
• Employee rights and obligations under the policy.