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There is no law stating that Paternity leave should be given to an employee, but many big coperates are giving up to one week paid leave as paternity leave. It is different for many organistaion. Unlike Maternity leave there is no hard and fast rule for Paternity leave.
See the below notification for Central Govt Employees.
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, Lucknow
See the below notification for Central Govt Employees.
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, Lucknow
Dear Member,
To grant Paternity leave is not mandatory for any organisation under the labour laws?
R.N.Khola
From India, Delhi
To grant Paternity leave is not mandatory for any organisation under the labour laws?
R.N.Khola
From India, Delhi
dear, I have not come across any law / rule that paternity leave must be granted to male employees balaji
From India, Madras
From India, Madras
what is not possible? Any welfare measure which has not been mentioned in any Act, you do not require to ask anybody. It is your wish. Then why do you say it is possible as per a particular Act or so? As long as you extend some facility (otherwise you are not under the obligation by any Act), who is going to question you?
The question here is that whether "Paternity leave" is mandatory or not? You answer only that point and nothing more. As per any Act, there is NO RULE mentioned it is MUST.
If you want to extend, it is absolutely your wish.
Balaji
From India, Madras
The question here is that whether "Paternity leave" is mandatory or not? You answer only that point and nothing more. As per any Act, there is NO RULE mentioned it is MUST.
If you want to extend, it is absolutely your wish.
Balaji
From India, Madras
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