Paternity Leave Policy (India)

A Paternity Leave Policy in India sets out the rules the organisation expects to be followed and the standards against which conduct will be judged.

For Central Government employees, 15 days of paternity leave is available under Rule 43-A of the Central Civil Services (Leave) Rules 1972 (as amended), for up to two surviving children. Male employees can take this leave any time within 15 days before or 6 months after the birth of the child. State government employees are governed by respective state leave rules with varying entitlements. Public sector undertakings (PSUs) and nationalised banks typically provide 7 to 15 days of paternity leave.

For private sector employees, paternity leave depends entirely on employer policy. Multiple High Courts have recognised paternity leave as part of the right to dignity and family life under Article 21 of the Constitution of India, directing employers to provide reasonable paternity leave. The Paternity Benefit Bill 2017 was introduced in Parliament proposing 15 days of mandatory paternity leave for private sector employees, but remains unenacted as of 2025. Various State Governments have amended their Model Standing Orders under the Industrial Employment (Standing Orders) Act 1946 to include paternity leave provisions.

The regulatory trajectory strongly points toward mandatory paternity leave becoming law. Indian companies — particularly in the technology, financial services, and professional services sectors — have proactively adopted generous paternity leave policies (ranging from 2 to 12 weeks at leading employers including Infosys, TCS, Wipro, HDFC Bank, and Axis Bank) both to attract talent and to comply with emerging Environmental, Social, and Governance (ESG) reporting requirements under the Securities and Exchange Board of India (SEBI)'s Business Responsibility and Sustainability Report (BRSR) framework.

The policy must align with the employer's obligations under the EPF & MP Act 1952 (EPF contributions continue during paid paternity leave), the Income Tax Act 1961 (wages during leave are taxable as salary), the Payment of Gratuity Act 1972 (paternity leave counts as continuous service for gratuity purposes), and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 (POSH Act) compliance context of supporting a family-friendly workplace.

The legal framework governing the Paternity Leave Policy (India) in India draws on several key statutes and regulatory bodies. Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Parties executing a Paternity Leave Policy (India) in India should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Industrial Disputes Act, 1947 sets the foundational requirements.

A formal Paternity Leave Policy is needed by any employer in India who wants to establish clear, enforceable, and equitable paternity leave entitlements for their workforce.

New company establishment: Any new company setting up HR policies should include a Paternity Leave Policy as part of its foundational HR framework alongside the maternity leave policy, POSH policy, and leave policy. Absence of a written policy creates ambiguity and potential legal disputes when employees request leave.

ESG and BRSR compliance for listed companies: The Securities and Exchange Board of India (SEBI) mandates that the top 1000 listed companies by market capitalisation must include gender diversity and parental leave data in their Business Responsibility and Sustainability Reports (BRSR). A formal, written Paternity Leave Policy is the documentary basis for BRSR disclosures about paternity leave availability and utilisation.

The Paternity Leave Policy sector compliance: India's IT industry self-regulatory bodies, including NASSCOM, have issued guidance encouraging member companies to provide adequate paternity leave. IT companies operating in India that serve clients in the European Union, United Kingdom, or United States increasingly face supply chain due diligence requirements from those clients around labour standards — including parental leave policies.

Preventing discrimination claims: Without a clear written policy, ad hoc decisions about granting or denying paternity leave can give rise to discrimination claims, particularly where male employees believe female employees received more favourable treatment. A clear written policy applies uniformly and protects the employer from such claims.

Talent acquisition and retention: In competitive talent markets (technology, consulting, financial services), a formal paternity leave policy is a key differentiator. Research consistently shows that employees are more likely to join and stay with employers offering meaningful paternity leave. Publishing the policy in offer letters, HR manuals, and on the company website is increasingly standard practice among top employers in India.

A thorough Paternity Leave Policy for an Indian company must address several key elements to be legally sound, operationally effective, and aligned with standard practices.

Scope and eligibility: The policy must specify which employees are covered — permanent employees only, or also contract staff, probationers, and trainees. Many policies require a minimum service period (typically 6 to 12 months) before paternity leave eligibility. The policy should clarify whether coverage extends to adoptive fathers, commissioning fathers in surrogacy arrangements, and same-sex partners (where applicable).

Duration and timing: The policy must state the number of leave days granted (paid) — leading employers provide 2 to 12 weeks; the minimum is typically 5 working days. The policy must specify the window within which the leave must be taken (for example, within 6 weeks of the child's birth or adoption completion date) and whether the leave can be taken in one continuous block or split into separate periods.

Application procedure: The policy must specify how employees apply for paternity leave — through the company's HRMS (Human Resource Management System), email to HR, or written application — and the advance notice period required (typically 2 to 4 weeks before the expected date, though flexibility for premature births must be built in). The supporting documents required should be stated — hospital birth summary, birth registration certificate, or adoption order.

Pay during leave: The policy must state clearly whether the leave is fully paid (100% of base salary and allowances), partially paid, or unpaid. Most leading Indian employers provide fully paid paternity leave. The interaction with company leave policies — whether paternity leave is a separate entitlement or deducted from the earned leave balance — must be clearly stated.

Statutory compliance provisions: The policy must address EPF and ESI contributions during paid paternity leave (contributions continue normally on wages paid); professional tax deductions (continue on wages paid); gratuity service continuity (paternity leave counts as continuous service); and income tax treatment (wages during leave are ordinary salary income taxable under the head 'Salaries').

Non-penalisation declaration: The policy must explicitly state that taking paternity leave will not negatively impact performance appraisals, promotions, salary increments, or any other career outcome. This commitment — backed by a clear policy and management sensitisation — is essential to confirm the policy is actually utilised and not just a paper commitment.

Grievance mechanism: The policy should specify how employees can raise grievances if paternity leave is wrongly denied or if they face any adverse career consequences after taking leave, referencing the company's general grievance redressal mechanism.

Additional compliance elements for a Paternity Leave Policy (India) used in India include: Under Indian law, the Indian Contract Act 1872 governs contractual obligations, with Section 10 setting essential requirements for valid agreements. The Companies Act 2013 regulates corporate entities through the Registrar of Companies (ROC) and Ministry of Corporate Affairs (MCA). The Industrial Disputes Act 1947 and state labour commissioners govern employment disputes. The Information Technology Act 2000 and IT (Reasonable Security Practices) Rules 2011 protect personal data. The Income Tax Act 1961 and Goods and Services Tax Act 2017 govern tax obligations through the Central Board of Direct Taxes (CBDT) and GST Council. Forms-legal.com provides this template as a starting point for India-compliant documentation.