Dear All,

I wish to know the provisions for Paternity Leave in the industries. Could you please provide the following information:
1) What does the law say?
2) In which industries is it applicable?
3) What will be the minimum and maximum duration for availing leave?
4) How will it be applicable and counted?
5) What are the minimum provisions for an individual?

Kindly guide me on this matter.

Regards

From India, Suri
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In India, there is no legislation governing paternity leave as applicable to private companies. There are a few firms offering paternity leave as part of their employee-friendly policies, but this is solely a matter of company policy and is not governed by any law.

Regards, Madhu.T.K

From India, Kannur
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According to my company policy, we are providing 6 weeks before and 6 weeks after with paid leave, and this leave will be counted as earned leave (working day). Now, it's up to you. For more details, please refer to the Factory Act.
From India, Gurgaon
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Dear Pawanjee, Please check agains this is Paternity Leave, which is a concern, not maternity leave. With Regards Manoj Tiwari
From India, Gurgaon
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Dear Pari,

Kindly go through the Maternity Benefit Act. Your doubts will be cleared regarding maternity leave for women employees and paternity leave for male employees. In most companies, they grant 5-7 days of leave to male employees. I strongly suggest that you review the Maternity Benefit Act.

Regards,
Sriram R.

From India, Chennai
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Dear All,

I have just searched it on google and found that the government organisations having something as their own rules to follow, and on the same pattern private organisations are having different -2 policy aligned with their business need and welfare policies. Undermentioned in the railway procedures for your ready reference.

Paternity Leave(PL)

Welfare Measures | Leave Rules

•Granted to male Railway employees (including Apprentices) with less than 2 surviving children.

•Granted for 15 days.

•During the period of confinement of wife of a Railway employee . Can be availed in the period between 15 days prior and 6 months after the date delivery of the child.

•Can availed only in one spell.

•If not availed it will be lapsed.

•It is not to be debited against leave account.

•Maybe combined with any other type of leave as in Maternity Leave.

•Leave salary equal to pay drawn just before proceeding on leave.

•Paternity Leave may not normally be refused.

•May be granted to Casual Labour who has temporary status for 15 days.

•With effect from 22.07.2009 it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.



I hope you will get it clear and deal with the matter, also it has suggested that you must read MBACT, while corelating you will got the answer you desire.

WIth Regards

Manoj Tiwari

From India, Gurgaon
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Also find one link, this will definetly help you,

No. 13018/1/97-Estt.(L)

Government of India

Ministry of Personnel, P.G. & Pensions

(Department of Personnel & Training)

……

NEW DELHI, Dated 7th October, 1997.

OFFICE MEMORANDUM

Subject :- Recommendations of the Fifth Central Pay Commission relating to enhancement of quantum of MATERNITY LEAVE and to allow PATERNITY LEAVE in respect of Central Govt. Employees.

The undersigned is directed to say that consequent upon the decisions taken by the Govt. on the recommendations of the Fifth Central Pay Commission relating to Maternity Leave and Paternity Leave, the President is pleased to decide that the existing provisions of the Central Civil Services (Leave) Rules, 1972, may be treated as modified as follows in respect of civilian employees of the Central Govt. :-

The existing ceiling of 90 days maternity leave provided in Rule 43(1) ibid shall be enhanced to 135 days.

A male Govt. servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife. During the period of such leave, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. Paternity Leave shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity Leave). It may not normally be refused under any circumstances.

2. These orders take effect from the date of issue.

3. In the light of paragraph 2 above, a female Govt. servant in whose case the period of 90 days of Maternity Leave has not expired on the said date shall also be entitled to the Maternity Leave of 135 days. Similarly, Paternity Leave to a male Govt. employee may also be allowed in case his wife had given birth to the child on a date not prior to 135 days from the date of issue of this order.

4. Formal amendments to the Central Civil Services (Leave) Rules, 1972, are being issued separately.

5. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.

Hindi version is enclosed.

( B. GANGAR )

UNDER SECRETARY TO THE GOVT. OF INDIA

To

All Ministries/Departments of the Govt. of India.

Endorsements as per standard list.

From India, Gurgaon
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