Paternity Leave in India is a period during which a male employee is granted leave after the birth or adoption of a child. Basically, it nurtures a father-baby bond, supports his wife, and helps with household responsibilities. As an employer, one should know the rules regarding paternity leave in India. It includes the number of days, eligibility, responsibilities towards employees, etc.

Rules in India

A. In the case of Public Sector Employees

1. Central Government Employees

As per the Central Civil Services (Leave) Rules, 1972, all male employees having less than 2 children are eligible for 15 days of paternity leave. This leave can be taken up to 6 months before or up to 6 months after.

2. State Government Employees

These rules vary from one state to the other. Some states follow the rules according to that of the Central government; on the other hand, some might not have any specific provisions. 

B. In the case of Private Sector Employees

1. As of now, there is no obligation to provide paternity leaves to male employees in the private sector, which states that an organisation is not bound to provide paternity benefits.
2. Though some of the companies provide paternity leave, the terms and conditions may vary. Some organisations provide paternity leave of up to 15 days, and some give more or less

Eligibility Criteria 

A. Public Sector Employees

As per the Central Civil Services (Leave) Rules, 1972, all male employees having less than 2 children are eligible for 15 days of paternity leave. This leave can be taken up to 6 months before or up to 6 months after. Each state has its own rules and regulations, so it varies. The eligibility parameters are as follows: 

• An individual must be a male employee.
• He should have less than 2 surviving children.
• He must be a Central government employee.
• Before the expected delivery or adoption, he should have worked for at least 80 days in the last 12 months. 

B. Private Sector Employees

As of today, there is no specific provision in the context of paternity leave in the private sector, which means companies are not obligated to provide it. But, nowadays, many companies offer paternity leave, and the eligibility, terms, and conditions may vary. The eligibility parameters are as follows: 

• An individual must be a male employee.
• He should have worked for a specific minimum period with the organisation.
• Also, he has to meet another set of requirements, if any.
• Some policies may also extend the benefits in case of adoption as well.
• Some organisations might also offer these benefits irrespective of gender or sexual orientation.

Conclusion

All the rules and regulations related to paternity leave in India are made for Government servants only. There is no such provision for male employees under the private sector in this Act. However, nowadays, our country, India, has seen a change in the trend of paternity leave.