PATERNITY LEAVE FOR NEW FATHERS
Source: Mewurk blog guide on Paternity Leave in India,
Introduction
For any child, as much as they need
their mother, their father also plays a very important role, especially in the
early stages of their life. In such cases, both parents need to be available to
take turns caring for the new born. Considering the long physical and emotional
turmoil they undergo in bringing a new life into this world, coupled with new
responsibilities towards the child, the new mothers have a statutory right to
12-26 weeks of paid maternity leave. However, the new fathers are not given too
many days of leave to be a part of their child’s initial stage of birth and are
expected to return to work after a short leave, or no leave at all. For
instance, Rule 43 - A of the Central Civil Services (Leave) Rules, 1972
prescribes a period of only 15 days for paternity leaves to working fathers
with less than two surviving children. This results in fathers being kept out
of their child’s life due to responsibilities at the workplace, depriving them
of their equal responsibilities as new parents themselves.
Supreme Court’s
Observations
In the case of Hamsaanandini
Nanduri v. Union of India (2021), the Supreme Court of India, made significant observations
on the importance of both parents in early childcare. Paternity leave was
defined by the Court as the period during which the father takes leave from
work to join in the process of raising the child. Therefore, one can observe
that parenthood does not rest upon one individual, but instead rests on both
individuals equally.
These remarks from the Court
suggest a move towards recognizing shared parenting; yet the law still
emphasizes women being responsible for childcare, even though there is a
growing involvement of fathers in childcare in recent times. Therefore, the
system continues assigning work to men without giving them corresponding legal
rights or support. Maternity benefits are extensive, but the same for
fatherhood remains legally absent in the policy structures. Shared parenting is
undoubtedly acknowledged in theory, but in practice, laws remain heavily one-sided
in execution.
Paternity Leave Policies around the World
Under the Labour Code of the
Republic of Lithuania, fathers are allowed to take up to 30 days of paternity
leave. They may also receive a monetary benefit as well, as per their Law on Sickness
and Maternity Social Insurance.
Slovenian fathers also get 30 days of paternity leave under their Parental Protection and Family Benefits Act.
In South Africa, both mothers and fathers get a parental leave of up to 4 months and 10 days, as a result of the ruling of their Constitutional Court in Van Wyk v. Minister of Employment and Labour (2025).
Policy in India
In India, paternity leave coupled
with benefits for new fathers is not made entirely mandatory by law as yet.
Studies show that new fathers work more after their child is born to cope with
the loss of income in case of a double-income family. The proportion of time
they invest in paid work also increases due to the increased cost of child
care.
Studies also show that fathers often
hesitate to take paternity leave when it threatens household income. The breadwinner
mind-set is particularly harsh for Indian families since a father’s unpaid time
off leaves the parenting responsibility disproportionately with mothers. The
Periodic Labour Force Survey shows that male workforce participation rates are
roughly twice those of women, making unpaid leave a threat to household
stability.
The Way Forward
Fathers should be envisioned as
active co-parents, who are not just “helpers” in parenting but also persons who
take up equal responsibility alongside the mothers. To begin with, a minimum of
90 days of leave can be legally mandated for working fathers across all sectors
via quotas, which may lapse if fathers don’t feel it necessary to avail
themselves of it.
Structural changes and supportive
work environments can be a fertile ground for changing attitudes of fathers
towards child care. Having fathers involved in childcare alongside mothers is good
for gender equality. It is good for the mother’s health too, especially during
recovery in the postnatal period.
Equalising caregiving would also
reduce gender bias while hiring, as mandatory parental leave prevents women
from being perceived as more costly hires. Therefore, a policy mandating uniform
paternity leave can also serve as a tool for gender equality in the workplace.
Jay Nayan Mopur,
LL. B 3 YDC, V Sem,
Pendekanti Law College
