Paternity Leave: a Fatherhood more Fulfilling
Paternity Leave: a Fatherhood more Fulfilling
Every father is the hero to their children. The relationship between father and children has a unique bond. This relationship sets the basis for the child’s attitude, life choices and all-around behaviour. It can also encompass the resilience of their social, bodily, mental and personal health.
Due to work pressure, daily work routines parents do not get enough time for their children. A few years ago, The Government of India has passed the Maternity Benefits Act, 1961 where women are allowed special benefits to raise their children. But a child needs a mother as well as his or her father. India is a country where the family is a main and foremost of primacy to every Indian society so it is important to give enough number of motherhood leave as well as paternity leaves.
What is Paternity Leave?
Paternity leave is one of the basic new father-friendly rights.
It is a short duration of leave for the would-be or new father, spouse of a pregnant woman to take care of the baby, spend time with his baby child and help the new mother.
Paternity leave is a lengthier duration of leave permitted to look after the infant child after the demise of paternity leave.
History of Paternity Leave:-
India has a patriarchal society. Since the beginning of patriarchal society, there is a so-called rule that is only women can take care of the household works and children. But now society is changing men and women both want to take care of their child and spend a happy time with family. In 1961, the Government of India made provisions named maternity leaves for working pregnant women under the Maternity Benefits Act. There was no separate provision for would be a father.
In 1999, the Central Government of India compelled provision of paternity leave for Central Government employee as per the Rule 551 (A) Central Civil Services leave. It gives 15 days leaves as paternity leave. This leave can be benefited for 15 days either before or within 6 months from the date of delivery of the newborn.
Legal Aspects of Paternity Leave:-
After the Maternity Benefit (Amendment) Act, 2017, MP from Maharashtra, Rajeev Satav inducted a new bill is as Paternity Benefit Bill in the Lok Sabha for the benefits of fathers of newborns. This bill declares that all employees, including the unorganised and private sector employees, obtain paternity leave of 15 days-3 months.
Paternity Benefit Act of 2017: Paternity Benefit Act is a great milestone for the male in India. This Act protects the paternity rights of working men. Every employee shall be allowed to obtain the paternity benefit with the same salary owed to him or the minimum rate of salary fixed or amended as per the Minimum Wages Act, 1948. A man will be allowed to the Paternity benefit if he has worked in the organization from whom he insists paternity benefit for a duration not less than 8 days in the 12 months instantly foregoing the expected date of delivery of the newborn.
Any man who has not the father of 2 living children will be allowed to obtain paternity benefit for 15days, of which not more than 7 days shall forego the date of expected delivery of the newborn. It will be availed up to 3 months from the date of delivery of the baby.
As per this Act, a man who lawfully adopts a child below the age of three months or the legal spouse of the entrusting mother will be allowed paternity benefit for 15 days from the date the child is delivered to the adopting father or legal spouse of the mother.
As per the Paternity Act, men can get the advance payment if he
proof that his spouse is expecting a child and the payment unpaid for the subsequent period should be paid to the employee within 48 hours of showing of proof.
An Inspector authorized under this Act is considered to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860. The Inspector looks on the matter of paternity leaves cases.
Paternity Leave for Government Employees:-
Under Rule 551 (A) of Central Civil Services (Leave) there are certain provisions for government employees working in the government sector to occupy advantages of paternity leaves. In 1999, the Central Government under Central Civil Services (Leave) made conditions for paternity leave for a male Central Government employee who has less than two living children can grant leave for 15 days to 3 months to take care of his spouse and newborn.
Paternity Leave for Private Sector Employees:-
Paternity leave are permitted for government employees, there is not any law that demands private sectors to give the paternity leaves to their employees. Some esteemed private companies provide paternity leave benefits to their employees.
Lists of private companies and their paternity leaves:
Microsoft provides 12 weeks of paternity leave to its employees.
Infosys, Oracle provides 5 days of paternity leave to its employees.
Facebook provides 17 weeks of paternity leave to its employees.
Starbucks gives 12 weeks of paternity leave to its employees.
TCS provides 15 days of paternity leave to its employees.
Deloitte gives 16 weeks of paternity leave to its employees.
RBS provides 5 days of paternity leave to its employees.
Com gives 15 days of paternity leave to its employees.
Ernst & Young gives 7 days of paternity leave to its employees.
Importance of Paternity Leave:-
A new Mather always wants her husband in the time of her important time and newborn baby always need his or her parents. The existence of the father at the birth of the baby compels him to realize the emotional wants of the newborn child.
Paternity leave for the father makes the strong bond between him and his wife and child. The leave also gained confidence and pride in parenthood in men. The men can understand how to take care of the child, perform the father’s responsibilities and get involved in child lives in the growing up.
Father and child relationship is the best relationship in the universe. Every father wants to spend their time with his newborn child. But due to work, every few among them has fulfilled their dream. The Paternity leave is a great law for the men. Therefore, it is high time for the authority to provide paternity leaves to all sectors so all fathers can spend their time on their newborn child happily.
By Shreeparna Goswami
 Paternity policy – What is paternity leave?, https://www.rocketlawyer.com/gb/en/quick-guides/paternity-leave.
 A fatherhood more fulfilling | The Indian Express, https://indianexpress.com/article/opinion/a-fatherhood-more-fulfilling-7013342/.
 Paternity Benefits Bill, 2017 – a boon for new fathers in India, if passed, https://www.thebetterindia.com/115826/paternity-benefit-bill-pushes-for-three-month-leave-for-new-fathers/.
 Paternity Benefit Bill – Employment and HR – India, https://www.mondaq.com/india/employee-rights-labour-relations/877518/paternity-benefit-bill.
 Paternity Leave in India – All you need to know – Laws and your rights, https://blog.ipleaders.in/paternity-leave-india/.