We live in a society where parenting and after-birth care are primarily the mother’s domain. However, the importance of the Paternity Leave is finally and gradually gaining importance and attention it deserves. As the modern family in today’s generation have started to divide work and responsibilities amongst themselves, the presence and participation of the father during the initial days after the birth of the child has proven to be just as vital as that of mothers.
Paternity Leave is not about the time off; it is about the time a father gets to spend with his newborn, care for the newborn, bond with the newborn and also look after the emotional well-being and build stronger family foundations. However, in India, the concept remains underdeveloped and unevenly implemented. This blog will explore the significance of Paternity Leave in India, its current legal landscape in India and the evolving role of fathers in the upbringing of the child. This blog will also shed light on why we should rethink and reform the traditional norms of society in favour of more inclusive family policies.
What Is Paternity Leave?
Paternity Leave is described and defined as a term when a male employee has requested leave to take care of his newborn and manage the new responsibilities properly, along with their old responsibilities at work. This leave is granted to them legally for 15 days. These leave policies allow new fathers to take care of their newborns and support their partners, promoting gender parity and active childcare involvement.
Paternity Leave in India: An Overview
In India, Paternity Leave is a policy that grants new fathers primarily in the central government a paid time off from work to care for their newborn child and support their partners physically and emotionally. While the central government employees are entitled to 15 days of paternity leave, the private sector employees do not have a mandatory policy, and these leaves can vary from company to company.
The following are the key aspects of Paternity Leave in India:
Eligibility:
The central government employees with less than or equal to two kids are entitled to a 15-day paid paternity leave, which typically should be taken within six months of the birth of the child or within six months of adoption.
Duration:
The standard duration of leave for central government male employees is 15 days, and fully paid.
Payment:
As the maternity leave, paternity leave is also a fully paid leave, with the employees receiving their last drawn salary.
Private Sector:
Many private sector companies voluntarily offer paternity leave, but they do not have to worry about complying with the legal requirements set for the Paternity Leave Act, 2019. Since the companies in the private sector do not have to follow the legal law, they can make and mould the Paternity Leave Policy accordingly, with some companies offering 15 days or more of leave, some companies might also offer 5 weeks or even paid or unpaid leave options.
Purpose:
The purpose of the Paternity Leave Act is to allow fathers to actively be part of the child care process and bond with their newborn, and also support their life partners during the initial months of parenthood and postpartum depression.
Importance:
Paternity Leave encourages gender parity and equality, helps in strengthening the family bonds and contributes to a healthier work-life balance for new fathers.
Leave Timing:
The leave timing for the central government male employees is within six months of the birth of the child or the six months of the correct adoption date.
How to Apply for Paternity Leave in India
To apply for Paternity Leave in India, a male employee needs to submit a written application to their immediate superior bosses and managers through the HR department. They are also required to attach the required documentation, like a birth certificate or adoption papers, as proof.
The application that you will submit to your HR department and the seniors who need to be informed about your leave, should include the mention of start and end dates of the leave, its duration and the reason behind your taking this leave (e.g. birth or adoption of a child).
It is also advisable that you coordinate properly between your supervisors and your colleagues relating to the handover of work tasks and responsibilities in your absence. There are certain steps that need to be followed while applying for a paternity leave in India. These steps are as follows:
Subsection A: Paternity Leave Application Process
While applying for the Paternity Leave Application Process, the following steps should be followed:
- Review Company Policy:
The employee needs to have familiarity with the company’s policy regarding the Paternity Leave Policy, as private sector companies do not have to comply with the legal law concerning the Paternity Leave Law in India. All the companies have different Paternity Leave Policies in India; therefore, for an employee, it is important to know the company’s policy regarding the Paternity leave eligibility criteria, duration of leave and the application process.
- Submit A Written Application:
Prepare a proper formal letter or email to your employer and the HR department clearly stating the reason and your intention to take a paternity leave.
- Provide Required Documentation:
To give proof to your claim, and also additional documentation to your request letter or email for Paternity Leave, attach documents like birth certificate, adoption papers or medical certificates as specified by the company’s policy.
- Specify Leave Dates and Rejoin Dates:
It is very important for the employee to mention their leave start and end dates so that their immediate superior boss and even the higher management can have an alternative ready in the employee’s absence.
- Coordinate with the Supervisor and Team:
It is the basic duty of the employee to inform their immediate superior and the team about their leaves well in advance. This will help in keeping the supervisor well informed about the leave well in advance, and gives the employee a good time in completing their tasks and giving the handover of their work to their colleagues.
- Follow Up:
After the successful submission of your Paternity Leave Request Application, you can follow up with your HR department, confirming the approval of your leave and clarify any additional requirements needed.
- Express Gratitude:
Always end your email or formal letter with a grateful tone, which means thanking your manager for approving your leave and considering your request.
Some Key Considerations need to be kept in mind while applying for a Paternity Leave:
- Eligibility: Central government employees are entitled to a 15-day Paternity Leave, which can be taken within six months of the birth or adoption of the child.
- Private Sector: While there is no legal basis for private sector companies to follow the Paternity Leave Act, 2019, they can offer these leaves and the duration of the leaves under their employment benefits.
- Documentation: Whether working for a central government company or for a private company, it is always advisable to have a list of all the documents that have been mentioned in the policy.
- Communication: It is advisable to maintain a clear and transparent communication between your immediate reportee manager and the HR department throughout the process of approval of the leaves.
Subsection B: Paternity Leave Email or Letter – When & How to Send
To formally submit a request a paternity leave, you have to submit a written application or an email to your manager or the HR department well in advance of the expected due date you are supposed to be on leave from, which is ideally a month before the dates to be decided.
Below is the step-by-step guide on how to send a paternity leave application and to whom:
- Determine the Appropriate Recipient:
- The first step is to identify your supervisor, HR executive and the team manager as the primary recipients.
- If your company follows a proper workflow and also follows a proper approval workflow, then ensure that you have all the relevant stakeholders included on the CC list.
- Choose The Right Format (Email or Letter):
- Email: If you are choosing an email format, then make sure that your email is well-written and includes all the points and makes it easy for the recipients to read and have an ease of tracking.
- Letter: If you are choosing this format, then it must be the method that the company has chosen to apply for any kind of leaves, but also ensure that you provide all the right details and information and attach all the documents that may be needed by the HR and the company.
- Craft the Content:
- Subject Line: A subject line is meant to have a clear indication towards the intention of writing the email or the letter. (E.g. “Paternity Leave Request- [Your Name]”).
- Formal Greeting: Always make use of a respectful salutation (e.g. Dear/Respected [Manager’s Name]).
- State the Purpose: Begin the application by stating the reason behind writing this email/letter. (E.g. Requesting Paternity Leave).
- Provide Dates: Always make it a point to mention your leave start and end dates clearly.
- Explain the Reason: In a few words, you can explain and inform your boss about the arrival of the baby.
- Company Policy (If Applicable): If there is any policy that your company has set for Paternity Leave Policy, then mention it in your application and also state that your request is as per the policy set by the company.
- Work Handover: Outline and mention how you are proceeding with your work and what the plans of handing over your work to your colleague, and mention their name in the application too.
- Express Gratitude: End the email and letter by thanking the recipient (manager, HR or the senior authorities) to accept or consider your request.
- Closing: Always use a formal and professional closing (e.g. Sincerely or Thank You).
- Send the Application Early:
- As mentioned earlier, it is advisable to send in your Paternity Leave Request as early as one month before your planned dates.
- First, give your manager a verbal heads-up about you going on Paternity Leave in person, and then submit a written application.
- Keep a continuous follow-up process going on for a week before you go on leave, so that all the necessary arrangements can be made on time.
Subsection C: Paternity Leave Format and Form
A Paternity Leave Application majorly includes a formal letter or email to the manager and the HR manager or the HR department, which will state the employee’s intention to avail of this leave, the duration and the relevant dates. It might also include the employee requesting this leave to attach the necessary documents to support their request, and may also involve the need to fill out a specific company form.
- Paternity Leave Application Format (Letter)
- Subject: Paternity Leave Request
- Recipient: Manager’s Name/ HR Department
- Date: Date of Application
- Introduction: Always begin by stating the purpose of the letter, which is requesting paternity leave. Mention the expected date of birth or the actual date of birth if the baby has already been delivered.
- Leave Details: Mention the start and the end date of the requested leave period, and also mention the total number of days and weeks you will be on leave. If there is a Paternity Leave Policy that your company follows, then mention it by saying that this application is in alignment with the Paternity Leave Policy of the company.
- Reason: Be precise and clear about why you are taking this leave. Mention the reason in the application form for taking care of your wife and bonding well with the newborn child.
- Work Arrangements: Under this point, explain to your seniors how the work will be managed during your absence and also make sure to mention that you will give a proper handover of the tasks, colleagues taking over and whether you will be available or not for urgent matters in the company.
- Closing: Make sure to end the application on a positive note and express gratitude for considering your leave request, and mention all the relevant details of contact if needed for any queries.
- Attachment: Always attach supporting documents like a medical certificate or a birth certificate to show support for the claims.
E.g.
Subject: Paternity Leave Request
Dear [Manager’s Name],
I am writing to formally request paternity leave for the birth of my child. My wife is expecting around [Expected Due Date]. I would like to appeal for [Number] days/weeks of paternity leave, starting from [Start Date] to [End Date].
This leave is to support my wife and bond with the newborn. I have thus far begun shifting my projects and have informed [Colleague’s Name] of my ongoing tasks. I will be available on phone call at [Your Number] for any crucial matters. I will also check emails frequently.
Thank you for your understanding and support.
Sincerely,
[Your Name]
- Company Paternity Leave Form (General Outline)
- Employee Information: Name, Designation, Employee ID, Department, Contact Details.
- Child Information: Name of the child, Date of Birth (or the expected date), Relationship to the employee.
- Leave Details: Start Date, End Date, the total Duration, Type of Leave (paid/ unpaid), and any relevant policy numbers.
- Supporting Documents: This section is for attaching medical certificates, birth certificates, etc.
- Declaration: Employee Declaration about the accuracy of the information provided.
- Manager/HR Approval: This is a section that is for the manager and the HR to approve the leave with dates and signatures.
- System Updates: This section is for the HR to update all the leave records.
Imp Note: There are specific details that are needed and vary based on the company’s HR policies and procedures. It is very important for the company’s HR department and policy document the exact format and requirements.
Sample Paternity Leave Application for Government Employees
1. Formal and Professional Paternity Leave Application (Private Company)
Subject: Request for Paternity Leave
Dear [Manager’s Name],
I hope this message finds you well. I would like to formally request paternity leave as my spouse is due to deliver our child on [Expected Date]. I would possibly like to take leave starting from [Start Date] to [End Date] to assist my family during this important phase.
I have conversed about my current responsibilities with [Colleague’s Name], who has agreed to oversee urgent matters in my absence. I will ensure a smooth transition and submit a handover note before my leave begins.
Thank you for your understanding and support.
Warm regards,
[Your Name]
[Your Position]
2. Short and Concise Paternity Leave Request (Casual Tone)
Subject: Paternity Leave Application
Dear [Manager’s Name],
I am writing this email/ letter to inform you that I’d like to take paternity leave from [Start Date] to [End Date] as we’re expecting our baby around [Expected Date]. I’ll make sure my tasks are either completed or handed over before I go on leave.
Please let me know if any physical document is needed to support my claim.
Thanks for your support!
Best,
[Your Name]
3. Government Employee Paternity Leave Format
Subject: Application for Paternity Leave
To
The [Designation],
[Department Name],
[Office Name]
Respected Sir/Madam,
I wish to apply for paternity leave for 15 days starting from [Start Date] to [End Date], as my wife is expected to deliver around [Expected Date]. As per Central Government Leave Rules, I am eligible for this leave.
Kindly grant me leave and oblige. I shall make sure that my duties are for a short period handled during my absence.
Thank you for your kind consideration.
Sincerely,
[Your Name]
[Designation]
[Employee ID]
4. Paternity Leave with Work-From-Home Transition Option
Subject: Paternity Leave with Remote Work Transition
Dear [Manager’s Name],
I am writing to request a paternity leave from [Start Date] as we are expecting the birth of our child. I plan to resume work remotely after a short leave period of [Number] days, tentatively from [Tentative WFH Start Date], depending on how things unfold post-delivery.
Please let me know if we can finalise a hybrid schedule that allows me to support both my family and my team during this period.
Looking forward to your support.
Sincerely,
[Your Name]
5. Paternity Leave with Adoption Mentioned
Subject: Paternity Leave Request for Adoption
Dear [Manager’s Name],
I would like to request paternity leave from [Start Date] to [End Date] as we are welcoming a newly adopted child into our family. This time is essential for bonding and helping my family transition smoothly. I will coordinate with my team to ensure continuity of work and provide a clear handover before I begin my leave. Please let me know if any specific documentation is required from my side.
Thank you for your understanding.
Best regards,
[Your Name]
Paternity Leave in India for Private Companies: Where Do We Stand?
In India, the paternity leave for non-government companies is not made compulsory by law. While the central government employees are given 15 days of leave, the private companies have the freedom to apply their policies according to the needs and beliefs of the company. In today’s private companies, they offer paternity leave to male employees, but the duration and the specifics vary significantly.
Below is a more detailed breakdown of the Paternity Leave in India for the Private Companies:
- No Legal Mandate: According to the Indian Labour Laws, the private sector companies do not have to provide or have policies for paternity leave.
- Government Employees: The Central Government Employees are mandated with 15 days of Paternity Leave. These 15 days of Paternity leave can be taken before the birth of the child or within the 6 months of birth or adoption of the child. This leave is also granted to the government employees under the Central Civil Services (Leaves) Rules, 1972.
- Private Sector: The Private Companies have the full freedom to establish their paternity leave policies and also approve the duration accordingly.
- Varied Practices: Some of the companies do offer paid paternity leave to the employees and also give more days of leave, while other companies may treat it as part of the other leave types (like casual leave).
- Duration: The Paternity Leave Duration in the private sector can vary and be granted from a few days to several weeks. Some companies offer up to five weeks, but the duration varies according to the company’s needs and beliefs.
- Importance of Company Policy: It is very crucial for employee to check their company’s policies regarding leave policy and procedures. It is also important for the employee to check whether the company has a paternity leave policy or not.
- Increasing Adoption: Despite the Private Companies not being included in the Legal Law Mandate, there are many companies that understand and recognise the needs of a male employee to be allowed to take Paternity Leave.
Therefore, these companies are granting leaves to the male employees by making their policies and approving their leave duration, so that even the male employees who are becoming fathers are involved in the upbringing of the child in the initial stages of being born.
Paternity Leave Trends: What the Future Holds
The future of Paternity Leave in India is moving towards more impartial, enlarged and non-discriminatory policies. While there are many countries that still lag in changing and modifying according to the changes and offering their male employees abundant paid paternity leave, there is an increasing worldwide recognition of the consequences of both individual well-being and broader societal benefits. This also includes a sturdy parent-child bond, improved gender equality and potentially even positive impacts on the economy.
The Key Trends and Future Outlook of Paternity Leave are as follows:
- Increased Awareness and Demand:
There has been a rising awareness of the needs and benefits of Paternity Leave for both fathers and their families. This leads to increased pressure on the private companies and the government offices to adopt more generous policies.
- Extended Leave Periods:
There have been companies in the present who have already been exceeding the minimum requirements for the paternity leave, which offers several weeks or even months of paid leave. This trend is likely to continue with a focus on allowing fathers to take extended leaves to bond with their newborn and support their partners post-pregnancy emotionally and physically, and even mentally.
- Gender- Neutral Policies:
The future of Paternity Leaves also involves moving towards gender neutral policies where both parents have equal access to leave benefits, regardless of gender. This will help in reducing the gender gap in career progression and make sure that the parents can participate more fully in childcare.
- Improved Support For Fathers:
Beyond the leaves that are given to a male employee, there is a growing need for support systems for working fathers, which also includes the need of having flexible work arrangements, childcare assistance and access to the resources that help in promoting the well-being and involvement in family time.
- Economic Benefits:
Studies have suggested that paternity leave can have a positive economic impact on the employee, which also includes the increased productivity of the employee, reduced employee turnover and greater gender equality in the workplace.
- Cultural Shifts:
The Cultural norms and attitudes towards paternity leave are also evolving, with more men feeling comfortable taking their time off and more companies recognising the value of supporting working fathers.
- In India, Specifically:
- While the central government employees are entitled to 15 days of paternity leave, there is no formal policy for the private sector.
- However, there are some progressive companies in India who are taking the lead by offering more generous paternity leave policies and sometimes up to 30 weeks.
- The Shift towards more generous and gender neutral paternity leave policies is gaining momentum in India, which is driven by both the employee demand and the recognition of the benefits for the families and businesses.
