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Paternity Leave: A Complete Guide for Indian Fathers (2025)

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What happens when paternity leave is offered to new dads after childbirth? Modern organizations now understand the importance of work-life balance and gender equality in childcare.

Traditionally, when companies did not provide this type of leave, they faced multiple challenges. Some of these issues include a negative impact on an employee’s morale and productivity. In today’s job market, individuals value the importance of work-life balance, and one leave policy that makes an organization less appealing is not providing paternity leave.

Organizations need to implement parental leave policies to promote a culture that values work-life balance and flexible work arrangements. This article explains the meaning of paternity leave for fathers, along with its benefits. It also includes government-mandated policies and private sector-specific rules for paternity leave in India.

What is Paternity Leave?

Paternity leave is a designated time given to male employees to take time off from work to care for their newborn or newly adopted child. The leave is allowed for fathers to bond with their child and support the primary caregiver (the mother). It can be paid/unpaid, depending on a particular country’s laws and company policies.

In some countries, like India, there are government-mandated paternity laws. The law states that government employees are entitled to 15 days of paid leave, which should be taken before or within six months of childbirth or adoption. It is a leave of absence, particularly for fathers or partners who want to support family bonding and caregiving during the early stages after a child’s birth/adoption.

Benefits of Paternal Leave for Fathers

Improved Father–child Bonding

It allows fathers to spend the early time with their newborns/adopted children. It helps develop stronger lifelong bonds and boost fathers’ confidence in parenting. A short leave period of two weeks can create positive effects on the father-child bond.

Enhanced Employee Satisfaction & Loyalty

Fathers who take this leave have higher job satisfaction and feel more supported by their employers. They also return to work more engaged, which helps increase their productivity. It also helps reduce stress and burnout, which contribute to a positive work-life balance.

Reduced burnout for Working Mothers

When organizations grant paid leave to fathers, they can help share childcare responsibilities with their partners. This allows them to support the physical and emotional burden on mothers, which helps in quicker recovery post childbirth.

Positive Employer Branding & Talent Attraction

Companies that provide this leave show commitment to gender equality and family support. This type of leave policy in any modern organization can improve the company’s culture and increase employee retention.

Paternity Leave Rules in India

The Central Civil Services (Leave) Rule 551(A) governs the paternity leave rules in India. It is applicable to central government employees, and for private sector employees, there are no regulated laws at the national level.

Government-Mandated Policies

• It is available to male employees with less than two surviving children.
• The employee should complete at least 80 days of service in the 12 months. This is before their child is born or adopted.
• An employee should be a permanent male government employee and should not be under contract or temporary employment.
• An employee can get up to 15 days of leave before or within 6 months of the child’s birth or adoption.
• This leave is also applicable to adoptive fathers if the adopted child is under one year.
• The leave is paid and not deducted from other types of leave, like annual or sick leave.
• Rules of different states can vary, as State governments can develop their own rules; for example, Tamil Nadu provides 15 days and Kerala offers 10 days of paid leave.

Private Sector & Company-Specific Policies

• There is no statutory law mandatory for private sector employees when it comes to this type of leave.
• When compared to maternity leave, private employers are not legally bound to offer paternity leave.
• There are some companies that offer this leave as a part of their HR policies with different eligibility criteria and duration.
• Modern private companies, such as IT firms and startups, provide leave based on their policies.
• There are companies that would not provide parental leave for fathers at all, depending on their company’s size and culture.
• The leave can be extended with the combination of other leave types, like casual leave.
• For some companies, this form of leave can be eligible for male employees only when they have completed a service period of 6 months to 1 year.
• Flexible work options can also be provided according to different HR policies to improve employee satisfaction.

How to Create a Paternity Leave Policy?

Organizations need to follow specific steps while creating a parental leave policy in India. These are:

Research Legal Requirements

The Central Civil Services (Leave) Rule 551(A), 1972, states that central government employees are offered 15 days of paid leave. The male employees need to work for at least 80 days in 12 months to become eligible for this type of leave. But, for private sector companies, this leave is not mandatory. Due to this, company policies vary, and the eligibility criteria can be different, for example, at least 6 to 12 months of service.

Define Eligibility & Duration

Organizations should set the eligibility criteria and duration for this leave. For example, it is 80 days of work for government employees and 6 to 12 months for private employees. The duration can be according to the government or can exceed as well. Paternity leave policy in India for private companies can provide paid/unpaid leave, and it should be mentioned in the leave policy for employees to avoid confusion.

Set Notice & Documentation Requirements

Employees are required to provide notice and related documents in advance to apply for leave. These documents can be:

• Birth certificate
• Adoption papers
• Medical records for premature delivery
• Other miscellaneous proof

Detail Payroll & HRMS Integration

Organizations can implement HRMS to automate leave tracking and accruals for employees. Payroll management software should also ensure that adjustments are made for paid or unpaid leaves.

Include Manager & Employee Guidelines

Managers should communicate templates for paternity leave requests and application forms. They should also create a checklist for task handovers and team communication for proper collaboration.

Promote Inclusivity & Flexibility

Companies can extend leave for male employees and provide flexible work arrangements to promote inclusivity.

Review, Publish & Train

The leave policy should be published in employee handbooks and the intranet. Training sessions should also be provided to HR professionals and managers on policy specifics. The policy should be updated regularly to reflect legal changes and gather feedback.

Comparison Table: Paternity Leave Policies

Comparison of Indian Paternity Leave Policies with the World

When India’s paternity leave policy is compared to other countries, India has comparatively lower paid leave days than Europe and East Asia. Some of the countries offer paid leave for months, along with additional benefits for new fathers. Private sector employees and workers have little or no legal coverage for this type of leave in India. The idea of adopting gender-equal responsibilities is increasing in the country, but it is minimal compared to global leaders.

India’s paternity leave policy is among the most limited when compared to global companies, which include terms of duration and accessibility. Some of the countries in the world provide months or up to one year of paid leave along with shared benefits. These countries include:

How to Apply for Paternity Leave?

When employees are applying for this type of leave, there is a standard process for the same. Here is a step-by-step guide:

Step 1: Check Your Eligibility

An employee first needs to review their company’s leave policy to understand the eligibility criteria and other provisions, like duration. The laws applicable to the state or central government, like the Maternity Benefit Act and parental leave rules, should also be verified. The documents needed for submission should be confirmed to avoid any delay.

Step 2: Gather Required Documents

All of the necessary documents should be gathered to apply for leave formally. The documents include:

• Child’s birth certificate or hospital discharge summary
• Adoption papers (in case of adoption)

Step 3: Draft Your Application

Most companies provide a formal leave application form. The application should include:

• Employee’s designation and department
• Start and end dates
• Reason for the leave
• Supporting documents (like birth certificate, adoption papers)

Step 4: Submit to HR/Reporting Manager

The application, once it is ready, should be submitted to the HR department or a reporting manager. It should be applied in advance, most likely 2-4 weeks before the start date. The application can be shared through an Employee Self-service (ESS) portal, and employees should also inform their managers for planning workload management.

Step 5: Confirmation & Payroll Integration

Employees should confirm their leave status through the company’s ESS portal or via formal communication. The portal also helps in confirming leave records, and salary adjustments are made correctly (if any). They need to hand over their tasks before their leave begins for proper collaboration and smooth operations.

Paternity Leave Letter Format with Sample

The sample of the paternity leave format is mentioned below:

What is the Difference between Paternity and Maternity Leave?

Best Practices for Implementing Paternal Leave Policies

• The organization should communicate the company’s paternity leave policy and eligibility criteria in a written format to avoid confusion.
• Also, provide guidance on how to apply for leave and the application process for employees to feel supported throughout the process.
• The policy should align with labor laws and regulations in the region to avoid non-compliance.
• Companies should provide other benefits, like flexible working hours and remote work arrangements, to support employees’ work-life balance.
• Managers and leaders should be encouraged to actively support parental leave for fathers, which will help normalize/reduce stigma among employees.
• Employees should be provided flexibility about when this leave can be taken, for example, consecutively or intermittently.
• Companies should review their leave policy and remain updated with employee needs and legal requirements.

Conclusion

Paternity leave provides benefits to both the families and the economy as a whole. When companies offer paid leave, it leads to an increase in fathers’ involvement in their child’s development and support for gender equality.

It can also help develop a positive effect on the economy, as taking care of a newborn child is a shared responsibility of both parents. There are different laws in countries regarding leaves, and organizations should stay updated to avoid non-compliance.

Paternity leave policy is an essential tool to support employees’ families and promote gender equality. With factoHR’s leave management software, organizations can update their leave policy regularly to balance employees’ expectations and legal requirements.

FAQs on Paternity Leave in India

Why is Paternity Leave Important?

This type of leave is important for both the father and families, as it helps create a strong parent-child bond. Providing this leave can help promote gender equality and maintain work-life balance. Organizations should understand that the child’s development and well-being depend on the father’s active participation.

Is Paternity Leave Mandatory in India?

This type of leave is not mandatory in India for private sector employees, but for government employees, there are laws that mandate it. Organizations should note that there is no legal obligation to implement a paternity leave policy in India and provide benefits to their male employees.

Is Paternity Leave Paid or Unpaid in India?

For central and state government employees, parental leave is paid. For private sector employees, this leave might be paid/unpaid depending on the company’s leave policies. There are some private businesses that provide paid leave, if it is mentioned in the leave policy.

How do Paternity Leave Laws Differ across Countries?

Leave laws can vary across countries, as some companies provide paid leave while others provide unpaid or no leave at all. There are various factors to be considered here. These are:

• Length of leave
• Payment during leave
• Eligibility criteria
• Cultural norms and societal priorities

Does the Duration of Paternal Leave Vary across Countries?

The duration of this type of leave varies across countries, as it includes different labor laws and leave policies. Some countries offer short-term paid leave, depending on company policies and government laws. These factors include cultural norms and economic factors.

How do We Know if It is Available in My Organization?

An individual can know if this leave is available in their organization. It can be through:

• Checking the company’s HR resources
• Contacting the HR department
• Understand the terms

When It is the Duty of the Mom to Take Care of the Newborn, why are Men Given Leave?

There are multiple reasons why men are provided this leave. These are:

• Bonding with the baby
• Supporting the mother
• Promoting gender equality
• Work-life balance
• Shared parental responsibility

What Should an Employee do if Their Employer Denies Paternal Leave in India?

There is no national law pertaining to paternity leave for private sector employees in India. When a male employee feels that the denial is unjustified according to the company policy, they can escalate the matter to the higher management and report the issue to the Ministry of Labour and Employment.

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