Know About the Paternity Leave Policy in India

In India, the concept of paternity leave is still ambiguous. While women employees receive 26 weeks of leave, male employees do not get any specific number of days allotted as fatherhood leave. Few companies in the private working sector even insist on paternity leave to be taken out of the casual leaves, which propagates a challenge in the work-life balance of employees. However, in recent times, parental leave is gaining traction, especially among startups and SMEs. Firms are beginning to recognize the importance of work-life balance and allow fathers to spend time with their newborns. Yet, many male employees, especially in the private sector, are less aware of fatherhood leave and the rules that govern it. This blog will delve into the meaning of paternity leave in India, the rules governing it in India, and how private companies can formulate effective dad leave policies.

What is Paternity Leave?

Let’s first try to understand what is paternity leave in simpler terms.

Paternity Leave Meaning

In simpler terms, paternity leave meaning is a paid leave from work that a father can withdraw when his child is born. A fatherhood leave, however, does not reduce the original leave balance from casual leave, it is rather allowed as an additional leave in the leave policy. This leave is created to enable the fathers to stand by their companions during the postpartum process and bond with their babies. Workplaces are slowly evolving, and companies are recognizing the significance of a father spending time with their newborns.

In Asian companies, this leave widely varies based on the companies to be specific. South Asian companies, more specifically, are providing a wider length of fatherhood leaves than before. A statistical survey found that the average number of days for paternity leave is 8 days in South Asian corporations, while maternity leave is 87 days on average.

Although in traditional times the situation has been more dismaying, where the male employees had to be dependent more on their casual leave balance, times have changed. These days, many private companies allow their male employees to enjoy a more flexible time length without exhausting their casual leave balance. Paternity leaves are on the rise in India, although policies differ according to different institutions.

Paternity Leave Rules in India

In India, the policy on paternity leave is not standardized and can vary widely between government and private organizations. The Maternity Benefit Act, 1961 lays down a scheme for maternity leave but does not specifically address paternity leaves. Yet, most organizations have begun to implement their own paternity leave rules. These policies are meant to provide support to male employees in an organisation and strengthen their workplace experience by creating a healthy work-life balance.

Read also leave encashment rules and calculation ways for Indian companies.

Paternity Leave Policy in India for Private and Government Employees

Employees working in the government sector

According to the Central Civil Services (Leave) Rules, 1972, a male employee serving the Indian government, on the occasion of becoming a father, can be granted a fatherhood leave of 15 days. This leave may be taken upon the arrival of the first or second child, allowing fathers to spend time with their child during the initial days and be involved actively in their child's early life. However, there are certain clauses attached to paternity leave rules to be specific:

• The leave cannot be debited from the actual leave balance of the male employee.
• The leave can be merged with any other leave balance.
• The leave days cannot be accumulated and carried forward to the next leave balance if they are not taken. This means paternity leaves for government employees are lapsed if they are not taken.

The paternity leave in India aims to make sure that fathers have the opportunity to assist their spouses during the postpartum phase, which can be physically as well as emotionally demanding. Significantly, the leave is paid in its entirety, hence lowering any financial burden which can be a massive hindrance to the growth of the male employee.

Reason for the government providing paternity leave in India

Here are some of the major reasons why the Indian government provides a fixed quota of paternity leave to its employees:

• Lowering economic burden: Taking a break from work causes fathers to suffer unnecessary economic pressure. A fatherhood leave ensures that the father can concentrate on his family without worrying about the lost income.
• Employee engagement: Through financial assistance in terms of leave, the fathers can feel motivated and experience better workplace engagement.

Employees working in the private sector

In the private sector, the scenario is not as uniform. Unlike the government sector, paternity leave in India for private companies is granted based on the discretion and policy of these companies. While some firms such as ICICI Lombard and Bajaj Allianz have adopted liberal paternity leave policies, others might provide minimal or no leave. Here are some common dad leave practices followed in the private sector:

• Duration: Paternity leave is usually allowed for 5 - 30 days, with very few private companies allowing the provision of 3 months leave
• Paid Leave: In many companies, a fatherhood leave is still treated as a paid leave equivalent to a casual leave. In such a case, taking paternal leave affects the casual leave balance.

Comparison of Paternity Leave Policies in India vs. Other Countries

Compared to other nations, paternity leave in India still seems to be behind. Here is a list of a few nations that have a different paternity leave policy as compared to India: For example:

• Sweden: Swedish Parental Insurance allows a total of 240 days of parental leave to a single parent and a total of 480 days to two parents combined
• Norway: Offers 12 months of paid fatherhood leave, but needs to be informed in 12 weeks advance
• United States: According to the Family and Medical Leave Act (FMLA), most of the US-based companies offer 12 weeks of unpaid leave. Although this leave policy varies across the various companies in the nation. There is no federal mandate for this kind of leave, but several firms have liberal leave policies.
• United Kingdom: The UK labour union allows a maximum of 1-2 weeks of paternal leave, applicable in case of a single childbirth or twin birth. However, a male employee must serve a 28-day notice before availing of this leave.
• Australia: The Australian Federal Government has amended and extended the paternity leave to 100 days of paid leave for any child born after July 1, 2023. There is another leave policy for Australia-based male employees, known as “Dad Pay”. In this leave, a male employee can withdraw a total of 2 weeks of leave.

This analysis underscores the importance for Indian HRs to implement more advanced leave policies so that they become in line with international standards and can take care of their employees in a better manner.

Also read the main functions and role of a HR manager in a business organization.

Benefits of Paternity Leave for Employees and Employers

The paternity leave policy in India has a stack of benefits for both the employees and employers, here are they:

Benefits for employees

• Better bonding: In this age of digitalisation, parents usually do not get sufficient time to bond with their children. Parental leave provides a better opportunity for fathers to bond with their newborns, which is essential for the emotional and psychological growth of the child.
• Support for Partners: In the postnatal period, new mothers often experience physical and emotional discomfort, such as postpartum depression. Paternity leave helps fathers to emotionally support their spouses during this period.
• Work-Life Balance: Male employees can support their families during this leave period, without worrying about job security. This ensures that there is no loss of income, and the employee is financially secure.

Benefits for Employers

• Employee Retention: Recruiting a new employee can cost a company a higher financial burden, which can be easily avoided by retaining existing employees. Companies that offer this type of leave are more likely to retain employees, reducing their turnover costs.
• Enhanced Productivity: Productivity increases when the emotional well-being of employees is taken care of. Employers get higher productivity by offering support to employees through paternity leave.
• Positive Company Culture: For job seekers in 2025, work culture is a major parameter to choose from several others. A company fosters a culture of inclusivity and support by offering paternity leave to its employees, increasing talent attraction.
• More gender equality: Gender equality has been prioritised by most of the organisations these days. Even the United Nations prioritised this in its Sustainable Development Goal 5, making more organisations act on this. Paternal leave enhances gender equality to a higher extent, making organisations welcome a gender-neutral leave system.

How to Make a Paternity Leave Policy for Your Organisation

Creating an effective paternity leave policy involves several steps:

• Check for governmental legislation: Check with the governmental mandates or any updates with the leave policy for fathers, this will ensure that the leave policy is in terms with the desired leave policy the organisation wants to implement
• Evaluate Employee Needs: You may need to understand the employee needs before structuring the paternal leave policy. For this, a survey or a virtual poll is beneficial to determine what employees anticipate from a parental leave policy.
• Establish Leave Duration: Determine the number of days of leave to provide, based on industry norms and employee input.
• Decide Pay Structure: Determine if the leave will be paid in full, partially paid, or unpaid.
• Establish Eligibility Criteria: Clearly define who is eligible for this form of leave, including adoptive fathers or same-sex couples.
• Communicate the Policy: Make sure that the policy is effectively communicated to all employees and placed in the employee handbook.

Conclusion

Paternity leave is a necessary provision that helps new fathers in India connect with their children and help their spouses during an important period. Though the regulations and policies differ between governmental and private organizations, there is an increasing awareness of the value of parental leave. With the adoption of a well-considered leave policy for new fathers, companies can increase employee satisfaction, enhance retention, and create a gender-equal work environment.

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