Paternity Leave In India

The Government of India has launched the new Maternity Benefit Act 2016 which states the benefits of more than 1.8 million working females and men are now curious to know more about the act as they feel to get some time to enjoy fatherhood.

There is no legal law for paternity leave for private sector employees

Paternity Leave In India

Rules for Civil Servants:

15 days paid leave on the birth of first and second child which can be availed anytime within 6 months of the childbirth

The leave will be considered lapsed if it is not taken within the prescribed time and the pay calculation for leave days will be calculated on the basis of the last salary drawn before proceeding on leave.

With any other kind of leave, the paternity leave is free to get combined.


It is available for civil servants and probationary officer and apprentice in the department.

Paternity Leave during Adoption of a Child:

If a civil servant adopts a child or wants to adopt a child then the paternity leave will be entitled but the same clause is not available for private sector male employees and they do not get paid paternity leaves.

Parental Leave for Private Sector Employees:

There is no such rule or clause but the companies make HR policies to give some time to their employees to enjoy fatherhood and provide leave ranging from 1 day to 8 weeks. The policy depends totally on the organization one works for.

Absence of Paternity Leave Promote Patriarchy in India:

The new maternity benefit act 2016 with 6 months paid leave for working women was widely appreciated around the world when launched by the Indian Government but some social activists criticized it by stating that it will promote patriarchy in the society as there are benefits and perks available only for females and males do not get time to share the responsibility physically and emotionally.

UNICEF’s Paternity Leave:

According to UNICEF’s report, a Paternity Benefit Bill is proposed for allowing fathers up to 3 months of paid paternity leave by Indian policy makers.

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