What are the provisions of law pertaining to Paternity Leave?

Leave granted to a husband to take care of the wife and baby at the time of child birth is called Paternity Leave.

The Central Government in 1999, by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for Paternity Leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. According to this rule, he can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed.

For Paternity Leave, he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave.

Following Central Government’s move, many State governments have also implemented similar provisions for its employees.

Rule 2 of the said rules states as to whom these rules apply, which are as follows:

These rules shall apply to Government servants appointed to the civil services and posts in connection with the affairs of the Union, but shall not apply to-

(a) Railway servants;

(b) persons in casual or daily-rated or part-time employment;

(c) persons paid from contingencies;

(d) workmen employed in industrial establishments;

(e) persons employed in work-charged establishments;

(f) members of the All India Services;

(g) persons locally recruited for service in Diplomatic, Consular or other Indian establishments in foreign countries;

(h) persons employed on contract except when the contract provides otherwise;

(i) persons in respect of whom special provisions have been made by or under the provisions of the Constitution or any other law for the time being in force;

(j) persons governed, for purposes of leave, by the Fundamental Rules or the Civil Service Regulations;

(k) persons serving under a Central Government Department, on deputation from a State Government or any other source, for a limited duration.

As far as private companies are concerned, it completely their discretion whether or no to formulate a policy regarding Paternity Leave and its implementation