Family Responsibilities
Paternity Leave
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
__________________________________________
Currently Applicable Provisions
There is no provision on paternity leave in Indian labour law for private sector workers. The civil servants (Central Government) however are entitled to paternity leave. A male civil servant (including an apprentice, probationer) with less than two surviving children, may be granted Paternity Leave for a period of 15 days before or up to six months from the date of delivery of the child. If paternity leave is not taken within 6 months of the birth of child, it is treated as lapsed. Workers on paternity leave are paid their leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind. The paternity leave cannot be debited against the leave account. Paternity Leave cannot normally be refused under any circumstances. Similar provisions are applicable on the adoption of a child under the age of one year.
Source: Rule 43-A & 43-AA of Central Civil Services (Leave) Rules, 1972
Paternity Leave Under State Laws
Paternity Leave in Andhra Pradesh
No State laws and provisions under this topic.
Paternity Leave in Maharashtra
For everyone:
A person employed under the scheme (established through the Maharashtra Employment Guarantee Act, 1977) may be provided with a maximum of 14 day paid leave in case of sterilization operation or any other operation or treatment for birth control and family planning.
Source: Section 7(a), Maharashtra Employment Guarantee Act, 1977
Paternity Leave in Karnataka
No State laws and provisions under this topic.
Paternity Leave in Uttar Pradesh
No State laws and provisions under this topic.
Paternity Leave in Rajasthan
No State laws and provisions under this topic.
Paternity Leave in Tamil Nadu
No State laws and provisions under this topic.
Paternity leaves in Gujarat
No State laws and provisions under this topic.
Paternity leaves in West Bengal
No State laws and provisions under this topic.
Parental Leave
There is no provision for parental leave in Indian labour law.
Parental Leave Under State Laws
Parental Leave in Andhra Pradesh
No State laws and provisions under this topic.
Parental Leave in Maharashtra
No State laws and provisions under this topic.
Parental Leave in Karnataka
No State laws and provisions under this topic.
Parental Leave in Uttar Pradesh
No State laws and provisions under this topic.
Parental Leave in Rajasthan
No State laws and provisions under this topic.
Parental Leave in Tamil Nadu
No State laws and provisions under this topic.
Paternal Leave in Gujarat
No State laws and provisions under this topic.
Paternal Leaves in West Bengal
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance
There was no provision for flexible work option for workers with minor children and other family responsibilities. However, under the Maternity Benefit (Amendment) Act 2017, after completion of maternity leave, an employer may permit a woman to work from home, if the nature of work assigned permits her to do so. However, this must be mutually agreed between the parties.
Source: §5 of the Maternity Benefits Act 1961, amended in 2017
Flexible Work Option for Parents / Work-Life Balance Under State Laws
Flexible Work Option for Parents / Work-Life Balance in Andhra Pradesh
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Maharashtra
For all factory workers:
The law provides that as far as possible, factory workers of the same family may be allowed leaves on the same dates.
Source: Section 111, Maharashtra Factories Rules, 1963
Flexible Work Option for Parents / Work-Life Balance in Kranataka
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Uttar Pradesh
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Rajasthan
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Tamil Nadu
For workers in Handlooms:
Handloom workers undergoing family planning operations should be permitted a rest leave of 6 days for male employees and 14 days for female employees. In case of discharge from service, during this period, the employer will pay all special cause wages due to the employee.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For workers in Beedi Establishments:
Female workers in Beedi establishments may, under special conditions and permissions, be allowed to undertake the wetting and wrapping process away from the company premise. This is applicable only on the said processes; all other processes are to be strictly carried out within the premises of the establishment.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
Flexible Work Options for Parents/Work Life Balance in Gujarat
No State laws and provisions under this topic.
Flexible Work Options for Parents/Work Life Balance in West Bengal
For all factory workers:
The law provides that as far as possible, factory workers of the same family may be allowed leaves on the same dates.
Source: Section 92, West Bengal Factories Rules, 1958
Paternity Leave
Note: Upcoming Labour Legislation in India
In 2020, the Indian Parliament combined 25 labour laws into three codes, i.e., the Social Security Code, the Code on Industrial Relations and the Code on Occupational Safety, Health and Working Conditions. Enacted in 2019, the Code on Wages also amalgamated four relevant labour laws.
The four new Labour Codes were supposed to be effective from 01 April 2021. However, considering the rise in COVID cases and the potential impact of the new Codes on per-employee costs for enterprises, the Government delayed their implementation to a future date. The Central and State Governments have been working on rules under these Codes. The new legal provisions will be effective only once notified.
__________________________________________
Currently Applicable Provisions
There is no provision on paternity leave in Indian labour law for private sector workers. The civil servants (Central Government) however are entitled to paternity leave. A male civil servant (including an apprentice, probationer) with less than two surviving children, may be granted Paternity Leave for a period of 15 days before or up to six months from the date of delivery of the child. If paternity leave is not taken within 6 months of the birth of child, it is treated as lapsed. Workers on paternity leave are paid their leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind. The paternity leave cannot be debited against the leave account. Paternity Leave cannot normally be refused under any circumstances. Similar provisions are applicable on the adoption of a child under the age of one year.
Source: Rule 43-A & 43-AA of Central Civil Services (Leave) Rules, 1972
Paternity Leave Under State Laws
Paternity Leave in Andhra Pradesh
No State laws and provisions under this topic.
Paternity Leave in Maharashtra
For everyone:
A person employed under the scheme (established through the Maharashtra Employment Guarantee Act, 1977) may be provided with a maximum of 14 day paid leave in case of sterilization operation or any other operation or treatment for birth control and family planning.
Source: Section 7(a), Maharashtra Employment Guarantee Act, 1977
Paternity Leave in Karnataka
No State laws and provisions under this topic.
Paternity Leave in Uttar Pradesh
No State laws and provisions under this topic.
Paternity Leave in Rajasthan
No State laws and provisions under this topic.
Paternity Leave in Tamil Nadu
No State laws and provisions under this topic.
Paternity leaves in Gujarat
No State laws and provisions under this topic.
Paternity leaves in West Bengal
No State laws and provisions under this topic.
Parental Leave
There is no provision for parental leave in Indian labour law.
Parental Leave Under State Laws
Parental Leave in Andhra Pradesh
No State laws and provisions under this topic.
Parental Leave in Maharashtra
No State laws and provisions under this topic.
Parental Leave in Karnataka
No State laws and provisions under this topic.
Parental Leave in Uttar Pradesh
No State laws and provisions under this topic.
Parental Leave in Rajasthan
No State laws and provisions under this topic.
Parental Leave in Tamil Nadu
No State laws and provisions under this topic.
Paternal Leave in Gujarat
No State laws and provisions under this topic.
Paternal Leaves in West Bengal
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance
There was no provision for flexible work option for workers with minor children and other family responsibilities. However, under the Maternity Benefit (Amendment) Act 2017, after completion of maternity leave, an employer may permit a woman to work from home, if the nature of work assigned permits her to do so. However, this must be mutually agreed between the parties.
Source: §5 of the Maternity Benefits Act 1961, amended in 2017
Flexible Work Option for Parents / Work-Life Balance Under State Laws
Flexible Work Option for Parents / Work-Life Balance in Andhra Pradesh
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Maharashtra
For all factory workers:
The law provides that as far as possible, factory workers of the same family may be allowed leaves on the same dates.
Source: Section 111, Maharashtra Factories Rules, 1963
Flexible Work Option for Parents / Work-Life Balance in Kranataka
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Uttar Pradesh
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Rajasthan
No State laws and provisions under this topic.
Flexible Work Option for Parents / Work-Life Balance in Tamil Nadu
For workers in Handlooms:
Handloom workers undergoing family planning operations should be permitted a rest leave of 6 days for male employees and 14 days for female employees. In case of discharge from service, during this period, the employer will pay all special cause wages due to the employee.
Source: Tamil Nadu Handloom Workers (Conditions of Employment and Miscellaneous Provisions) Act, 1981
For workers in Beedi Establishments:
Female workers in Beedi establishments may, under special conditions and permissions, be allowed to undertake the wetting and wrapping process away from the company premise. This is applicable only on the said processes; all other processes are to be strictly carried out within the premises of the establishment.
Source: The Tamil Nadu Beedi Industrial Premises (Regulation of Conditions of Work) Act, 1958
Flexible Work Options for Parents/Work Life Balance in Gujarat
No State laws and provisions under this topic.
Flexible Work Options for Parents/Work Life Balance in West Bengal
For all factory workers:
The law provides that as far as possible, factory workers of the same family may be allowed leaves on the same dates.
Source: Section 92, West Bengal Factories Rules, 1958
