When we talk about childcare leave in India, the conversation almost always begins and ends with maternity leave. Traditionally, its mothers who bear the bulk of child-rearing responsibilities, especially during the crucial months following childbirth.
However, in recent years, the narrative has started to shift. Paternity leave is slowly but steadily gaining ground. According to SHRM’s 2024 Benefits Survey, the number of employers offering paid paternity leave has risen to 32%, a five-percentage point increase since 2022. This reflects a broader cultural change, driven by the rise of dual-income households and evolving gender roles in parenting.
As more fathers take on active caregiving roles, progressive companies are evolving their HR policies to offer gender-neutral parental leave, ensuring equal support to all caregivers. It’s a promising step toward a more inclusive and balanced approach to family support in the workplace.
Here’s a deep dive into where India currently stands examining the legal landscape and the forward-thinking companies leading the way in redefining parental leave.
What is paternity leave?
Paternity leave is a period of paid or unpaid time off granted to fathers to support their partner and spend time with their newborn during the early stages of parenthood. While 63% of countries globally guarantee paid parental leave for fathers, the United States notably does not. The duration and structure of paternity leave vary widely depending on factors such as company policy, workplace culture, country-specific laws, and the employer’s discretion. In some cases, it may last just a few days, while in others it can extend to several weeks or even months largely depending upon the employee’s role, location, and the organization’s leave framework.
Is paternity leave mandatory in India?
In India, there is currently no uniform law mandating paternity leave. In contrast, maternity leave is governed by the Maternity Benefit (Amendment) Act, 2017, which grants 26 weeks of paid leave to biological mothers. Additionally, women who adopt a child below the age of three months are eligible for 12 weeks of maternity leave.
Some private sector employers may offer paternity leave as part of their employee benefits, but the policy is more clearly defined for central government employees.
- Under the Central Civil Services (Leave) Rules, 1972, male government servants including apprentices with fewer than two surviving children are eligible for up to 15 days of paternity leave. This leave can be availed either up to 15 days before the child’s birth or within six months afterward.
- To qualify, the employee must be a regular, permanent government servant; contractual or temporary staff are not eligible for this benefit. During the paternity leave period, employees receive full pay based on the salary drawn immediately prior to taking leave.
- Additionally, in cases where a child is born through surrogacy, the commissioning father (defined as the intending father) who meets the eligibility criteria is also entitled to 15 days of paternity leave within six months of the child’s birth.
Paternity leave in India for private companies
In India, there is currently no law mandating paternity leave for private sector employees. This means private companies are not legally required to include it in their employee benefits.
That said, several companies have introduced their own paternity leave policies, though the duration and terms vary significantly. For example, BP India offers 1 month, Colgate-Palmolive India provides 12 weeks, Zomato grants up to 26 weeks, and Hindustan Unilever Limited allows 3 weeks. To check your eligibility, it’s advisable to consult your HR department for clarity on eligibility, duration, compensation during leave, and other relevant details.
Indian workplaces moving towards gender-neutral parental policies
Beyond paternity leave, many workplaces are now moving towards more gender-neutral (either parent) and inclusive parental policies, recognizing that caregiving roles are not limited by gender. This shift reflects a growing acknowledgment of diverse family structures and a push for shared responsibilities at home.
By offering gender-neutral parental leave, organizations empower new fathers to play a more active role in childcare, while supporting new mothers in transitioning back to work without the sole burden of balancing both home and career. These policies also encourage men to take on more day-to-day parenting responsibilities, especially as more women continue to grow their careers outside the home.
Let’s take a look at some of the Indian companies leading the way in championing this change:
- In 2019, multinational pharmaceutical company Novartis introduced a gender-neutral parental leave policy, offering 26 weeks of leave to all employees who became new parents after Jan 2019. The policy covers both birthing and non-birthing parents, and is applicable in cases of birth, adoption, and surrogacy.
- Tata-backed Cure.fit, the parent company of Cult.Fit, has a gender-neutral parental leave policy that updates its existing six-month maternity and paternity leave program. The new policy also includes non-binary parents. With this change, all employees, regardless of gender, who choose to become parents through natural birth, surrogacy, or adoption are now eligible for a parental break.
- Volvo Group India offers a gender-neutral parental leave policy that provides 26 weeks of leave for primary caregivers, along with the option to take an additional 26 weeks of unpaid leave or opt for flexible working arrangements. Secondary caregivers are entitled to one month of leave, which can be taken in parts over the course of a year.
- Henkel India has introduced a gender-neutral parental leave policy, offering up to eight weeks of fully paid leave based on an employee’s caregiver role, rather than their gender or biological parent status. The policy extends support to all parents including those who are adoptive, foster, LGBTQ+, or pursuing parenthood through surrogacy.
Final thoughts
The increasing availability of paternity leave and the growing adoption of gender-neutral parental policies are positive and progressive signs for India’s workplaces. These changes help break long-standing taboos around primary caregiver’s roles and demonstrate a shift towards greater inclusivity. On the flip side, companies offering such policies not only support employees but also enhance employer branding, something that many prospective parents value highly when considering new job opportunities.