Hello - I have this question whether a person can avail a paternity leave who is single parent (NOT Married) and has a baby through Surrogacy. Please clarify me on the same, that would be of great help. Thanks much in advance.
From India, Chennai
From India, Chennai
Dear Brkut,
The Indian parliament has enacted the "Maternity Benefit Act" and not the "Paternity Benefit Act". Therefore, the question of paternity leave does arise whether for single parents or otherwise, whether a child takes birth through surrogacy or otherwise.
Notwithstanding the position of law, you may approach your company authorities for paternity leave. Check whether they consider your application under welfare measures. Though the possibility of accepting such an application is remote, nothing wrong with trying for it.
Thanks,
Dinesh Divekar
From India, Bangalore
7884The Indian parliament has enacted the "Maternity Benefit Act" and not the "Paternity Benefit Act". Therefore, the question of paternity leave does arise whether for single parents or otherwise, whether a child takes birth through surrogacy or otherwise.
Notwithstanding the position of law, you may approach your company authorities for paternity leave. Check whether they consider your application under welfare measures. Though the possibility of accepting such an application is remote, nothing wrong with trying for it.
Thanks,
Dinesh Divekar
From India, Bangalore
Pl.see if this could help -
"All central government employees can avail the benefit
Women employees of the central government who have a child through surrogacy will be entitled to maternity leave, according to an official order of the personnel ministry. They can get paid maternity leave of 26 weeks (about 180 days).
The ministry has written to all central government departments about a Delhi High Court order of 2015 on the issue. “All ministries/departments are advised to give wide publicity of its contents to the concerned officers,” the personnel ministry said in its latest directive to all the ministries and enclosed a copy of the court’s order with it.
The court verdict had come on a plea by a Kendriya Vidyalaya teacher who had twins through a surrogate mother but was denied maternity leave as she was not the biological mother. “A female employee, who is the commissioning mother, would be entitled to apply for maternity leave,” the court had held.
Based on material placed before it, the competent authority would decide on the timing and the period for which maternity leave ought to be granted to a commissioning mother who adopts the surrogacy route, the court said.The scrutiny would be keener and detailed, when leave is sought by a female employee, who is the commissioning mother, at the pre-natal stage, it said.
In case maternity leave is declined at the pre-natal stage, the competent authority would pass a reasoned order having regard to the material, if any, placed before it, by the female employee, who seeks to avail maternity leave, the court order said.
In a situation where both the commissioning mother and the surrogate mother are employees, who are otherwise eligible for leave (one on the ground that she is a commissioning mother and the other on the ground that she is the pregnant women), suitable adjustment would be made by the competent authority, it said."
From India, Bangalore
"All central government employees can avail the benefit
Women employees of the central government who have a child through surrogacy will be entitled to maternity leave, according to an official order of the personnel ministry. They can get paid maternity leave of 26 weeks (about 180 days).
The ministry has written to all central government departments about a Delhi High Court order of 2015 on the issue. “All ministries/departments are advised to give wide publicity of its contents to the concerned officers,” the personnel ministry said in its latest directive to all the ministries and enclosed a copy of the court’s order with it.
The court verdict had come on a plea by a Kendriya Vidyalaya teacher who had twins through a surrogate mother but was denied maternity leave as she was not the biological mother. “A female employee, who is the commissioning mother, would be entitled to apply for maternity leave,” the court had held.
Based on material placed before it, the competent authority would decide on the timing and the period for which maternity leave ought to be granted to a commissioning mother who adopts the surrogacy route, the court said.The scrutiny would be keener and detailed, when leave is sought by a female employee, who is the commissioning mother, at the pre-natal stage, it said.
In case maternity leave is declined at the pre-natal stage, the competent authority would pass a reasoned order having regard to the material, if any, placed before it, by the female employee, who seeks to avail maternity leave, the court order said.
In a situation where both the commissioning mother and the surrogate mother are employees, who are otherwise eligible for leave (one on the ground that she is a commissioning mother and the other on the ground that she is the pregnant women), suitable adjustment would be made by the competent authority, it said."
From India, Bangalore
I understand central government employees get 15 days of paternity leave, but there is no formal policy in place for employees in the private sector. If the same is to be followed for the private sector what are the normal conditions applicable to be eligible ?
From India, Nuvem
From India, Nuvem
Dear Partner,
While framing a paternity leave policy in our company, a similar question had been raised regarding unmarried fathers. The response from the HR team had been that for maternity leaves, they do not consider the marital status and so would like to follow the same viewpoint for paternity leaves, which means that unmarried men can also avail paternity leave.
This is not a legally strong point as there is no paternity benefit act in place by the government. However, if your company already has a paternity leave policy in place, then for the sake of equality options, unmarried men can use this option as reference.
On the other hand, if the company does not have a paternity leave policy in place, then there would be no legal ground to demand for this option.
From India, Bengaluru
While framing a paternity leave policy in our company, a similar question had been raised regarding unmarried fathers. The response from the HR team had been that for maternity leaves, they do not consider the marital status and so would like to follow the same viewpoint for paternity leaves, which means that unmarried men can also avail paternity leave.
This is not a legally strong point as there is no paternity benefit act in place by the government. However, if your company already has a paternity leave policy in place, then for the sake of equality options, unmarried men can use this option as reference.
On the other hand, if the company does not have a paternity leave policy in place, then there would be no legal ground to demand for this option.
From India, Bengaluru
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Paternity Leave.doc
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