Paternity Leave Policy - Your Guide to Paternity Leave Policy in India

The dual pressure of home and office can be overwhelming for new parents. The solution? Promoting equal parental leaves.

Paternity leave is making waves! As new parents cheer for more bonding time, companies are catching on. They're embracing family-first values and rooting for gender-equal leave. Yet, while many are leading the charge generously, some still lag.

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

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What is paternity leave?

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

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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. 

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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.

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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:

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For public sector employees:

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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.

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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.

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Paternity leave 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. 

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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. 

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Public sector employees:

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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. 

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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.

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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. 

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Private sector employees:

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

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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.

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Additional factors to consider:

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• 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.

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Scope of paternity leave policy

The paternity leave policy applies to all regular employees who are new parents and identifies as male.

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

1. Legal Compliance

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

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

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2. Transparent Communication:

👉Educate your workforce about their paternity rights and benefits. 

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

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Address the following points -

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

3. Simplified Application Process:

👉Facilitate an uncomplicated and efficient leave application process. The ease of applying will reassure employees of the company's genuine support.

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👉Offer clear guidelines and assistance on the application prerequisites and documentation, if any.

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Paternity leave policy - how can it help the organization?

1. Attraction of talent & retention:

👉According to a Deloitte survey, 57% of male respondents felt that taking paternity leave would be perceived as a lack of commitment to their jobs. 

👉However, 83% of millennials said they would leave their current job for one with more family-friendly benefits.

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2. Increase employee productivity & morale:

👉A study from Ernst & Young found that companies with generous paternity and maternity benefits had employees who were 5.5 times more likely to say they were able to manage work and personal life. 

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👉A healthy work-life balance ensures employee productivity.

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3. Promoting gender equality:

👉According to McKinsey's research, companies in the top quartile for gender diversity are 15% more likely to have financial returns above their respective national industry medians.

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👉Paternity leave helps balance home responsibilities, leading to more women returning to work and rising in leadership roles.

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4. Decrease employee turnover rate:

👉The Center for American Progress noted that businesses spend about one-fifth of an employee's salary to replace them.

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👉Supporting new fathers can reduce turnover and cut down costs on hiring new talent.

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5. Improved brand image:

👉A PwC study found that 72% of employees would like to work for a company that champions flexible working and paternity leave. This branding increases the number of potential new hires.

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Paid paternity leave enhances in-office employee recognition and retention, fostering a more positive workplace environment. Make sure the policy is flexible and meets the needs of new fathers.

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