What Is Paternity Leave? - Paternity leave rules & applications

What Is Paternity Leave?

Paternity leave is a leave granted to a male employee before or after the birth of his new born baby. The employee remains employed during this leave period, and this leave period ranges from a few days to few weeks.

In 1961, the Government of India drew up the Maternity Benefits Act, by which female employees are entitled for maternity leave. However, there is still no legislation for the male employees and their paternity leave benefits.

Paternity leave rules in India

India has no provision for paternity leave for employees employed in the private sector. However, it provides paternity leave to employees working in the Government sector. Following are some of the common paternity leave rules across Indian companies who has paternity leave policy.

• Paternity leave can be availed by male employees only


• Paternity leave can be availed in case of new born child or surrogating or adoption of a child


• This paternity leave is not available for accumulation or encashment


• If such leave is not availed within the period, it will be lapsed

Now let's look at the Paternity leave rules in india for central govt employees and private companies.

Paternity leave for central govt employees

India provides certain paternity leave benefits to employees working in the Government sector. In 1999, the Central Government by notification under Central Civil Services (Leave) Rule 551 (A) introduced the following provisions for paternity leave.

• For a male Central Government employee (including an apprentice and probationer).


• With less than two surviving children


• Paternity leave for a period of 15 days to take care of his wife and child.


• Possibility to avail the leave 15 days before, or within 6 months from the birth of the child.


• If such leave is not availed within the period, it will be lapsed


• A paternity leave salary equal to the pay before the leave will be paid.

Now let's look at the Paternity leave rules in india for private companies.

Paternity leave rules in india for private companies

There is no law sanctioned that mandates Indian private sectors for paternity leave benefits to their male employees. Hence, it is open to interpretation by the individual companies themselves. Most of the companies are working towards strengthening their paternity leave policies as a token gesture for their employees with few days leave. Some of the big companies took their own decisions towards paternity leave through their HR policies. Following are some common rules across private sector for paternity leave.

• All male employees would be eligible for Paternity Leave


• This leave would be subject to a maximum of n (defined by organization) working days for birth or adoption of a child


• This leave can be availed within 3 months of birth, surrogating or adoption of a child


• The employee needs to provide reasonable notice of the need for this leave and can enjoy this benefit with prior approval and sanction of the Manager.


• The employee should apply for this leave two weeks in advance & should submit birth or adoption certificate in support thereof.


• This leave is not available for accumulation or encashment.


• Paternity Leave can be extended as Child Adoption Leave for the Father of the child. This leave is applicable for a Father having no or up to 1 or 2 child and on adoption of a child up to one year of age.

Now let's look at the Paternity leave rules in india for central govt employees and private companies.

Paternity leave application sample

Check below paternity leave application sample for a male employee who is expecting a new baby in 3-4 weeks time. You can copy-paste this paternity leave application sample email and ensure that you are replacing colored text with your respective details. Just move your mouse over colored text to know more about the kind of text to replace.

From

rohit.sharma@emailformat.in

To ..

Cc ..

Subject

Dear Sir,

I am happy to share with you that my wife and I are expecting our first child by mid of next month. I am excited to stay with her and child for 5 days post the arrival of the child. If everything goes well as per the due date given by Doctor then I shall be on paternity leave from 27th Jan 2020 to 31st Jan 2020.

In case of any changes in the date of actual delivery, I shall inform you accordingly.

I have started handing over my responsibilities to Lokesh from the team. All the required project details along with email communications should be with him by this week end.

I am available on phone during my paternity leave for any urgent topics.

Sir, I would like to request you to grant me the above mentioned paternity leave.

Yours sincerely,
Rohit Sharma
Contact Number : xxxxxxxxx