Family Responsibilities

Paternity Leave

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

Parental Leave

There is no provision for parental leave in Indian labour law. 

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 2016, 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

Regulations on Family Responsibilities

  • Factories Act, 1948