Paternity Leave in India: Rules, period and Format 2021

Now and again, employees need to benefit from leave to fulfill their parental obligations. A timeframe when the dad of a child is permitted to be away from work is known as Paternity leave. Parental leave helps out the freedoms for guardians of children under a particular age and how an organization must help those people.

Even though the mother conveys the youngster, the father assumes a similarly significant part. A dad is relied upon to be sincerely and genuinely accessible for both, mother and kid when the conveyance. Indeed, even the public authority has perceived this; bringing about the order of the Maternity Benefit Act in 1961.

After that in September 2017, Rajeev Satav formulated a Paternity Benefit Bill to ensure the paternity privileges of working men.

Being a country where our family is of as a matter of first importance significance to us, it is an absolute need to give a sensible measure of paternity just as maternity leaves. Similar to maternity leave, paternity leave is a supported non-appearance from work because of the birth or selection of a kid.

As indicated by the Family and Medical Leave Act, any person who has worked for an organization with more than 50 representatives for one year and collected in any event 1,250 hours at work is qualified to get 12 weeks of neglected downtime.

A few organizations give took care of time to the two moms and fathers, an advantage that should be similarly accessible to people in the working environment to keep away from sexual segregation.

The objective of the Paternity Bill

The primary point of this bill is to give advantage to characteristic parent, new parent, or an individual acting in loco parentis to the significant child. If it is sanctioned by the Parliament, it will profit the number of inhabitants in 32 crore men in the workforce (NSSO, 2012 information), remembering those for the sloppy area.

Paternity leave will ensure that the mother gets some assistance from the dad during and after labor, who isn’t compelled to get back to work to make income.

As of now, the Central workers under the All India and Central Civil Services Rules can profit a paid multi-day paternity leave which places India in the best fourteen nations to give the most noteworthy maternity leave and by giving fifteen days paid paternity leave to everyone of the areas, India will be in top thirteen nations to give the most elevated paternity leave and other related advantages.

Paternity leave rules

At present, there isn’tany appropriate enactment for paternity leave advantages in India. In any case, the Central Government has made conditions for paternity leave in the Central Civil Services Rules. As indicated by these, every male Central Government worker, encompassing those that are amateurs, can ask for 15 days of paternity leave. The guardians should be legitimately married for the dad to profit from the paternity leave.

They should likewise have under two kids to be qualified for the paid leave. Moreover, they should benefitfrom it within a half year before or after the period of their childbirth. On the off chance that they have multiple youngsters or neglect to apply inside the specified period, the paid leave arrangement gets invalid.

There is no required lawful arrangement for paternity leave in the disorganized and private divisions in India. While numerous worldwide organizations have founded the strategy, most privately owned businesses and organizations might do as such at their watchfulness.

If you work in the private area, it will be a smart thought to contact your organization’s HR office ahead of the approaching birth and see whether it has a paternity leave strategy.

Paternity Leave in Private Schools started when in 2009, a man named Chander Mohan Jain who was a tuition-based school educator ask for paternity leave from the head of the school but his application was rejected, and also a portion of his salary was deducted.

Then he went to New Delhi High Court and questioned the rejection of his paternity leave application, and the decrease of his salary by N K Bagrodia Public School.

He wanted the leave to be and take care of his spouse and their infant  Regardless of the absence of enactment, New Delhi High Court announced that all male workers of independent and well-known private schools reserve the option of paternity leave. The court notified the school to pay back the salary to the teacher.

How many days of paternity leave are given in India?

  • For government employees

Male staff with under two kids might be allowed 15 days Paternity leave during the labor.

The Paternity Leave is beneficial up to 15 days prior or up to six months from the child birth date. Paternity Leave will not be charged to the leave account.

On the off chance that paternity leave isn’t profited from inside the period indicated in subrule, such leave will be considered as passed. It should be noted that paternity leave will not generally be declined under any conditions.

For child adoption

For child adoption of less than one year age, a male person from the Service with less than two children might be given Paternity Leave by the equipped permission for a time of 15 days, inside a period of a half year from the adoption date. Given that such leave will not be denied under any conditions.

During the time of Paternity Leave, such individuals will be paid leave pay equivalent to the compensation drawn preceding continuing on leave.

The Paternity Leave might be joined with some other kind of leave. The Paternity Leave will not be charged against the leave account. If the Leave isn’t benefited during the period indicated in sub-rule then such leave will be treated as having slipped by.

  • Paternity Leave for Private Sector Employees

As paternity leave is endorsed for government workers, no likewise law commands private areas to give the paternity leaves to its workers.

Hence, paternity leave is not entirely clear by private organizations. A portion of the major global organizations has effectively made strides towards carrying out paternity leave by their HR strategies.

Some of them include Microsoft that give12 weeks of Paternity Leave, Starbucks: 12 weeks of Paternity Leave, Deloitte: four months of Paternity Leave, Facebook: 17 weeks of Paternity Leave.

  • UNICEF: Paternity Leaves

UNICEF had the arrangement of about a month of paid paternity leaves to its male workers yet now it has been stretched out to about four months across the entirety of its workplaces around the world.

With this modernized methodology, UNICEF has come to be the main United Nations Agency to expand such leave beyonda month. This progression has been set aside to give sufficient effort to fathers and their kids.

How to write a Paternity leave application?

A paternity leave application is a conventional solicitation to a business for paid leave from work that male representatives can profit from for a specific period previously or after childbirth. It is the time frame when a father can lawfully take off from work so that the parents can focus on giving their infant vital consideration and backing.

It is hard for couples, particularly in urban communities, to depend on the help from direct relations that they could beforehand rely on with the joint family framework.

Frequently, guardians, kin, and different family members might be involved with their lives and may not be free to offer the help that another mother needs in the days going before or following the childbirth. And thus, taking paternity leave is working excellently in India.

As it can reduce worker tension, empower a more significant level of worker fulfillment and lead to expanded efficiency, the Indian government and a few organizations are establishing an arrangement of offering paternity leave.

Paternity leaves are for the most part written in a short configuration by a male worker to featuring the meaning of the parent being with the child.

The leave application ought to be persuading enough for the employee to withdraw the work for a brief period. While composing paternity leaves, one must consistently remember to underline even the health-related problems of great importance.

Tips on composing the application

Some specific focuses should consider while composing for paternity leaves:

  • Write the letter short and forthright, jotting down too convoluted is silly and amateurish.
  • Plan on requesting the left through the beginning phases of pregnancy, that way if the organization rejects the leave; you can tell the higher councils, if it’s for the time of the last minute, this could turn out to be an issue.
  • On the off chance that you are jotting down an email, incorporate “application for paternity leave” and your name in the headline. It will help your director to know the email’s purpose.
  • Keep the content of the email body straightforward and related.
  • Clarify in short that you should be with your family
  • Give the dates where you need to take the leave.
  • Explain how you have done your work programs beforehand to proceed continuously in your nonattendance.
  • Mention, if you have requested your office friends to handle your work for you, write that.
  • Say out any worries bothering the infant and why your presence is vital; this will enable the organization to know your circumstance better.
  • Give your contact subtleties if the directors want to reach out to you in regards to any work topics.
  • Give the particular date of returning to your workplace for the continuation of your work duties.
  • Last say thanks to the organization’s head for their agreement and their time.


Paternity leave application format


Sender’s name and address



Receiver’s name and address

Subject: Application for Paternity leave ___ (beginning date) to ___ (finishing date)

Regarded Sir/Ma’am,

Body of the Letter

Expressing gratitude toward you

Your’s Sincerely

Sender’s mark and name




Dear Mrs. Sharma

I hope you’re keeping well.

I’m writing this letter to ask you about the paternal leave because of the birth of my baby girl. She was brought into the world on 12th October, and both she and my better half, Ayushi, are progressing nicely. As of now, however, our families can’t be here, thus I need to be at home to help my spouse care for our infant. Therefore I want to get the leave for 15 days.

I have searched our organization’s leave strategy and came to know that I am qualified for 15 days of compensated paternity leave.

I have finished all my forthcoming work undertakings ahead of time. Also, I have talked to my friend, Nishant, about looking over future tasks in my nonappearance. He’ll will reach out to me if there are any problems and agreed to deal with everything till I start doing the work again, and Thus, you will not have to worry about the work.

You can email or contact me if any emergency at work comes. I will be back to work right after the leave ends.

Thanking you beforehand.


Rishabh Singh


Final words

It can be understood that in India, 15 days of paternity leave is favorable just to the Central Government workers according to the statement given by the Central Government in 1999 under Central Civil Services (Leave) Rule 551 (A).

Parental leave benefits set out the privileges for guardians of kids under the significant age and how an association should oblige those people. The leave is relevant to the workers in privately owned businesses as indicated by their HR approaches, as the previously presented statement isn’t bound to privately owned businesses.

Be that as it may, if the Paternity Benefit Bill, 2017 is carried out by the parliament as a plan, leave would be favorable to every one of the employees in India independent of the sort of area they are working in. Presentation of paternity leave will guarantee that the mother gets some help from the dad during and after labor, who isn’t compelled to get back to work to make income.

Also Read: How to write a leave application in 2021

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