At times, it is required for employees to avail themselves of leave so that they could fulfil their parental duties. Parental leave benefits set out the privileges for parents of children under the relevant age and how an organisation must assist those individuals. The Government of India has enacted the Maternity Benefits Amendment Act, 2017 where women are entitled to specific benefits, perks, facilities to raise their children but there is no law for paternity leave or benefits. Being a nation, where our family is most important to us, it is an absolute necessity to provide a reasonable amount of maternity as well as paternity leave.

Government Sector Employees - Paternity Leave

There are some provisions for employees working in the government sector to have benefits of paternity leaves. The Central Government in 1999, by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave:

1. For a male Central Government employee (including an apprentice and probationer) with less than 2 surviving children for a duration of 15 days to take care of his wife and newborn child.
2. He can use this leave 15 days before or within 6 months from the date of delivery of the child.
3. If such leave is not used within the period, it shall be treated as invalid.
4. He shall be paid leave salary equal to the pay last drawn instantly before proceeding on leave.

Private Sector Employees - Paternity Leave

While paternity leave is permitted for government employees, there isn’t any such law that orders private sectors to issue the paternity leaves to its employees. Thus, paternity leave is open to interpretation by companies. Some of the main multinational companies have already taken steps regarding the implementation of the paternity leave through their HR policies. Some of them are as follows:

1. Infosys: 5 days of Paternity Leave.
2. Oracle: 5 days of Paternity Leave
3. Microsoft: 12 weeks of Paternity Leave.
4. Starbucks: 12 weeks of Paternity Leave.
5. TCS: 15 days of Paternity Leave
6. Deloitte: 16 weeks of Paternity Leave.
7. Facebook: 17 weeks of Paternity Leave.

Paternity Benefit Bill, 2017

After the introduction of Maternity Benefit (Amendment) Act, 2017, Rajeev Satav presented a Paternity Benefit Bill in September 2017 in Lok Sabha, for the protection of paternity rights of working men. Some of the important aspects mentioned in the bill are as under – (Be it enacted by the Parliament ).

Applicability:

It extends to the whole of India. The Act shall be applicable to all the establishments like mine, factory, plantation etc either belonging to the private sector or Government of India. The provisions include all the men of private as well as government sector, also covering those who are self-employed or working in the unorganised sector where less than 10 persons are employed.

Payment:

Each and every employee shall be entitled to obtain the paternity benefit with the same rate as the average daily wage payable to him on days which he has worked or the minimum rate of wages fixed or revised under the Minimum Wages Act, 1948 or 10 rupees whichever is the highest for the duration of his paternity leave.

Duration Of Working:

A man will be eligible to the benefit only if he has actually worked in the establishment from whom he claims paternity benefit for a duration not less than 80 days in the 12 months immediately following the expected date of delivery of the child. The qualifying period of 80 days will not be applicable to a man who has immigrated recently into the country and whose wife was pregnant at the time of immigration.

Leave Duration:

Any man with less than 2 surviving children will be allowed to accept paternity benefit for a duration of 15 days, of which not more than 7 days shall precede the date of expected delivery. It will be used up to 3 months from the date of delivery of the child. The Act also requires provisions for exceptional cases like –

1. If the man dies immediately following the date of delivery of his child for which he is allowed to the paternity benefit, leaving behind the child, the employer will be liable for providing the benefit for whole paternity time period to the nominee of that man.
2. If the child also died during the paternity period, then the employer is liable to issue paternity benefit for the days up to the death of the child, including the date of death (child).

Advance Payment of Salary:

The sum under paternity benefit for the period preceding the date of expected delivery of child to man will be paid in advance by the employer to employee after producing the proof that his wife is expecting a child, and the sum due for the following period should be paid to the employee within 48 hours of production of proof.

No dismissal:

Whenever a man takes leave according to the provisions of this Act, it will not be held lawful for his employer to dismiss or discharge him from the establishment during or on an event of such absence or to give notice of dismissal or discharge on such a day that the notice will lapse.

Miscarriage:

In case of miscarriage, it is provided under the act that the employee after producing such proof is permitted to have wages at the rate of paternity benefit for the duration of 7 days immediately following the day of the miscarriage.

Adoption:

In accordance with the provisions of this Act, each and every man who has legally adopted a child below the age of 3 months or is the lawful husband of the commissioning mother, he will be allowed to paternity benefit for a duration of 15 days from the date the child is handed over to the adopting father or lawful husband of the commissioning mother.

Inspecting Officer:

The relevant government by providing notification in the Official Gazette may appoint officers as it thinks fit to be an Inspector for meeting the purpose of the Act. The governing authority will define the local limits of the jurisdiction within which they will exercise their functions. Each and every Inspector assigned under the Act is considered to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860.

Non-fulfilment of Benefit:

If there is a failure on the part of an employer to pay any sum of paternity benefit to a man permitted under this Act, he will be punished with imprisonment, not less than 3 months but may extend to 1 year and with fine which will not be less than twenty thousand rupees but may extend to fifty thousand rupees.