Paternity Leave

What is Paternity Leave?

Paternity leave is time off a father takes around the birth or adoption of a child. It lets them care for the baby and support the mother while she recovers.

Paternity leave for men is a separate entitlement from maternity leave. For central government employees in India, it covers birth, adoption, and, since June 2024, surrogacy.

However, unlike maternity leave under the Maternity Benefit Act, 1961, India lacks a central statute for paternity leave, leading to inconsistent policies across organizations. Women are entitled to 26 weeks of maternity leave for their first two children (12 weeks from the third) under the Act as amended in 2017, a right now carried into Chapter VI of the Code on Social Security, 2020, which replaced the 1961 Act on 21 November 2025.

No equivalent right exists for fathers in the private sector.

Parliament has seen proposals to change this. MP Rajeev Satav introduced a Paternity Benefit Bill in the Lok Sabha in 2017, shortly after the Maternity Benefit (Amendment) Act, 2017 was passed. It was a private member’s bill and did not become law.

What are the rules of paternity leave in India?

Is paternity leave mandatory in India? Not in the private sector. Central government employees can be granted it under the Central Civil Services (CCS) (Leave) Rules, 1972, and it shall not normally be refused.

No central law requires private employers to offer it, and the Code on Social Security 2020, which took effect on 21 November 2025, covers maternity benefits but adds no paternity leave.

Public Sector (Government Employees)

• Central Government Employees: Under Rule 43-A of the Central Civil Services (Leave) Rules, 1972, the key conditions are:
• Eligibility: male employees with fewer than two surviving children
• When: from up to 15 days before delivery to up to six months after it. Leave not taken in this window lapses.
• Pay: full pay, equal to the last pay drawn. It isn’t deducted from the leave account and can be combined with leave of any other kind.
• Adoption: 15 days within six months of accepting a child under one year old in pre-adoption foster care, or from the date of valid adoption. The rules say this leave shall not normally be refused.
• Surrogacy: Since 18 June 2024, a commissioning father with fewer than two surviving children can take 15 days within six months of the child’s birth.

States set their own rules for state government staff. Kerala offers 10 days, which can be taken from 10 days before delivery to three months after it. Sikkim announced one month of paternity leave for its employees in 2023.

Private Sector

Under Indian labour laws, private-sector employees have no mandatory paternity leave policy. However, many private companies voluntarily offer paternity leave, typically for around 5 to 15 days, though a few offer much more. The specifics depend on the company’s internal policies.

For example, Eternal (Zomato’s parent company) offers 26 weeks of parental leave to all new parents, including fathers, adoptive and surrogate parents, which can now be taken flexibly over three years. Novartis India offers 26 weeks to non-birthing parents, which can be taken in two blocks of 13 weeks.

Before applying, check:

• Your employer type (central, state or private)
• The number of surviving children, where the rules apply a limit
• The time window for taking leave
• The documents your employer needs

How to Apply for Paternity Leave

No law sets a single application process for paternity leave in India, so the steps below reflect common HR practice. Always follow your employer’s leave policy.

1. Check your entitlement in your company’s leave policy. For central government staff, check the CCS (Leave) Rules
2. Apply in writing, through your leave management system or by email to your manager and HR. Four to eight weeks before the due date is a reasonable lead time
3. Attach the supporting documents
4. Get approval from your manager and HR, and agree a handover plan
5. Take the leave within the permitted window. For central government employees, that’s from 15 days before delivery to six months after, or within six months of the child being placed in pre-adoption foster care or adopted

Documents required

Documents vary by employer. Commonly requested ones are:

• A doctor’s certificate with the expected date of delivery
• The child’s birth certificate after delivery
• For adoption, the adoption order or deed. The CCS rules count the six months from the date the child is accepted in pre-adoption foster care or validly adopted
• A marriage certificate if your employer’s policy asks for one

Sample Paternity Leave Application Format

To: [Manager’s name], [Designation]

Subject: Application for paternity leave from [start date] to [end date]

Dear [Name],

My wife is expected to deliver on [expected date]. I request [number] days of paternity leave from [start date] to [end date], as per [company leave policy/CCS (Leave) Rule 43-A].

I have attached [doctor’s certificate]. [Colleague’s name] will handle [key tasks] while I’m away, and I will be reachable at [phone/email] for urgent matters.

Thank you, [Your name], [Employee ID], [Department]

Once you apply, the usual approval flow is: your manager approves, HR checks eligibility and documents, the leave is recorded in the HR system, and payroll processes leave pay as per policy.

What are the benefits of paternity leave for fathers?

Paternity leave plays a crucial role in shaping families, workplaces, and societal attitudes by promoting gender equality, improving children’s development, and fostering a supportive environment.

Here are some more benefits of paternity leave:

• Support for Mothers: Paternity leave enables fathers to assist their partners during childbirth and postpartum recovery, reducing stress while improving maternal well-being. A 2026 review of paternity leave policy in India and Kerala found that fathers’ involvement helps alleviate physical strain, musculoskeletal stress, and fatigue, and may help protect mothers against postpartum depression and stress, although studies on mothers’ mental health outcomes are mixed.
• Gender Inequality: The absence of paternity leave often forces mothers to bear most childcare responsibilities, reinforcing traditional gender roles. Limits on women’s career opportunities hamper their professional growth.
• Father-Child Bonding: Paternity leave allows fathers to form strong emotional bonds with their newborns while enabling fathers to experience critical early bonding moments.
• Child Development: Fathers and mothers are equally responsible for child development. Fathers who are actively involved from an early age positively influence their children’s cognitive, social, and emotional growth.
• Work-Life Balance: Paternity leave helps fathers balance family and professional responsibilities, reducing stress and burnout. Its absence can lead to more significant strain on working fathers.
• Employee Retention: Companies offering paternity leave demonstrate commitment to employee well-being, enhancing satisfaction and retention. A lack of such policies may reduce workplace loyalty, especially among family-oriented employees.

Taken together, these benefits show why paternity leave matters for mothers, children, and employers alike.

What is the difference between paternity and maternity leave?

The main difference is legal backing. In India, maternity leave is a statutory right for most working women, while paternity leave is available only to central government employees and some state employees, and even then it is granted on application.

To qualify for maternity benefit, a woman must have worked at least 80 days in the 12 months before the expected delivery. Up to eight weeks can be taken before delivery for the first two children (six weeks from the third).

Thus, India’s growing emphasis on gender equality and shared parenting highlights the need for paternity leave policies, especially in the private sector.

Formalizing paternity leave would encourage fathers’ involvement in childcare, foster equal parenting roles, and support a more balanced family dynamic.

Key Elements of a Paternity Leave Policy

A clear paternity leave policy helps Indian employers apply leave consistently. It should cover:

• Duration and pay: how many days, and whether the leave is paid. Central government staff get 15 days on full pay, which is a common reference point.
• Eligibility: who qualifies (probation, contract staff), and any limit on the number of children
• Documentation: what employees must submit and by when
• When leave can be taken: whether leave can be split.
• Adoption and surrogacy: equal leave for adoptive and commissioning fathers, as central government rules now provide
• Flexible working on return: flexible arrangements after leave, such as phased return or remote days

Global Comparison: India vs Other Countries

Globally, paternity leave varies from one nation to another; let’s take a look at a few countries:

• United Kingdom: Up to 2 weeks, taken together or as two separate one-week blocks. The leave must end within 52 weeks of the birth. Pay is £194.32 a week, or 90% of average weekly earnings, whichever is lower. Since 6 April 2026, the right to take the leave itself no longer requires a qualifying period. To receive statutory pay specifically, the father must still have worked 26 weeks for the employer and earn at least £129 a week.
• United States: There is no federally mandated paternity leave, but the Family and Medical Leave Act (FMLA) offers unpaid leave. Some states, like California and New York, provide paid family leave, covering a percentage of wages for a limited period.
• Japan: Childcare leave runs until the child turns one, extendable to two if no daycare place is available. The benefit is 67% of salary for the first 180 days, then 50%, paid by the state employment insurance scheme. Since April 2025, an extra 13% for a limited period after the birth brings it to about 80%. Fathers can take 4 weeks within 8 weeks of the birth.
• South Korea: Paternity leave is 20 days, paid by the employer, since February 2025. Parental leave is 1 year, extendable to 1.5 years if both parents take 3+ months. The parental leave benefit is now a monthly amount with caps: KRW 2.5M for months 1-3, 2.0M for months 4-6, then 1.6M.
• Spain: Paternity leave has gradually increased to 19 weeks per parent in 2025, equal to maternity leave. That’s 17 weeks in the child’s first year, plus 2 weeks that can be used until the child turns 8. It’s paid at 100% of salary, can’t be transferred to the other parent, and the first 6 weeks must be taken straight after the birth.
• Sweden: Fathers get 10 days of paid leave at about 80% of earnings and share 480 days of parental leave with mothers. Ninety days are reserved exclusively for each parent to encourage equitable caregiving. The 10 days must be taken within 60 days of coming home with the baby.

On a full-rate-equivalent basis, Japan offers the longest paid leave reserved for fathers, about 31 weeks according to OECD data from April 2024, although pay is partial (67%, then 50%) and father uptake has historically been low.