Paternity leave in India 2026: Eligibility and Benefits

Your engineer in Bangalore just became a father. How many days off does he legally get?

If you are a global employer, the honest answer is none, unless you wrote it into his contract. India mandates 26 weeks of maternity leave. Paternity leave for private sector employees sits entirely with the employer.

We have helped over 300 global companies hire, pay and manage more than 2,000 employees in India without setting up a local entity, and this is one of the first questions that comes up once a team has its second or third hire.

That gap is now closing. In March 2026 the Supreme Court asked the Union Government to legislate on it, and a bill proposing eight weeks of paid leave is sitting in Parliament. This guide covers what applies today, what is coming, and what belongs in your policy.

What is paternity leave in India?

Paternity leave is paid time off for a new father around the birth or adoption of his child. In India, what he gets depends on who employs him. Central government employees have a defined statutory right. Private sector employees have whatever their contract or HR policy gives them, and nothing beyond that. That single distinction explains almost every conflicting answer you will find online.

The contrast with mothers is stark. Maternity leave in India is a statutory 26 weeks, employer funded and enforceable. Fathers have no equivalent anywhere in central law.

If you are eager to see where this sits in a full India package, refer to this guide on employee benefits in India.

How many days is paternity leave in India?

Duration depends on the sector, and the spread is unusually wide for a single country. Fifteen days is a government number, not a national one. If you are benchmarking an offer for senior talent, benchmark against the private sector rows, not the statutory one.

Who is eligible for paternity leave in India?

Central government employees

Rule 43-A of the CCS (Leave) Rules, 1972 sets the conditions, and there is no minimum service requirement in it:

• He is a male government servant, including an apprentice, with fewer than two surviving children.
• 15 days, starting up to 15 days before the delivery or any time within six months of it.
• Leave salary equal to the pay drawn immediately before going on leave.
• Not debited to any other leave account, and combinable with leave of any other kind.
• Anything not taken inside the window lapses.

Approval is not discretionary. The rule states that paternity leave shall not normally be refused under any circumstances.

One correction, because most guides get this wrong. There is no 80 day service condition on paternity leave. That figure belongs to the Maternity Benefit Act, 1961, and has been copied across in error.

Adoptive fathers under Rule 43-AA

Adoption sits under a separate rule, Rule 43-AA of the CCS (Leave) Rules, 1972, not Rule 43-A. A male government servant with fewer than two surviving children, on valid adoption of a child below one year of age, may be granted 15 days within six months of the date of valid adoption, on the same terms as above. Several widely circulated guides cite the wrong rule number, or state the age limit as three months. Both are incorrect.

Private sector employees

There is no statutory eligibility test, because there is no statutory entitlement. The employment agreement in India is the test, and after that the HR handbook.

Most organised sector policies ask for confirmed employment or six to twelve months of service, cap the benefit at the first two children, and require documentation. Probation is the common sticking point, so the appointment letter is the place to check. Private policies also tend to run a shorter window, commonly three months from the birth against the government's six.

Falling back on unpaid time off means a loss of pay deduction on that month's salary, which is worth flagging to the employee before he applies.

Adoptive, surrogacy and LGBTQIA+ parents in the private sector

In the private sector this is purely a drafting question, and it is the clause most policies get wrong. Meesho, Razorpay and Swiggy extend parental leave regardless of gender identity, and cover biological, adoptive and surrogacy based parenthood on the same terms. Write adoption and surrogacy into the policy text rather than leaving it to interpretation.

State government employees

State service rules vary. Tamil Nadu and Karnataka broadly follow the central 15 day norm. Kerala grants 10 days, to be taken within three months of the birth. Several states have no formal provision at all, so for a public employee the department circular is the only reliable source.

For a private employer, the state matters for the earned and casual leave floor under the local Shops and Establishments Act, not for paternity. If you are interested to know how that floor differs across your main hiring markets, see this guide on leave policy in Kerala, this one on leave policy in Tamil Nadu, and this one on leave policy in Karnataka.

What does Indian law actually say about paternity leave?

Paternity leave sits in an odd corner of Indian employment law. It exists as a service rule for one category of employee and nowhere else. The surrounding framework is set out in our overview of labour laws in India, but here is the position specific to fathers.

Does the Factories Act or the Maternity Benefit Act cover paternity leave?

No, and it is worth saying plainly because it is one of the most searched questions on this topic. The Factories Act, 1948 governs working hours, safety and welfare inside factories, with no paternity provision anywhere in it.

The Maternity Benefit Act, 1961, now folded into the Code on Social Security, 2020, applies to mothers only. No central statute in India creates a paternity leave entitlement for a private sector employee.

What the Supreme Court said in March 2026

This is the most significant development on the topic in years. On 17 March 2026, in Hamsaanandini Nanduri v. Union of India, a bench of Justices J.B. Pardiwala and R. Mahadevan struck down Section 60(4) of the Code on Social Security, 2020, which had limited maternity benefit for adoptive mothers to those adopting a child under three months. The Court held that it violated Article 14.

In the same judgment the Court devoted a section to paternity leave and urged the Union Government to consider a law recognising it, reasoning that a father's presence in the early stages of a child's life dismantles gendered caregiving roles and serves the welfare of the child. Legal commentary called it a major step forward.

Nothing in the judgment creates an entitlement today. It is a recommendation to the legislature, not a direction to employers. But it is the clearest signal yet that a statutory floor is coming.

The Paternity and Parental Benefit Bill, 2025

Parliament has looked at this three times. The 2017 and 2019 Paternity Benefit Bills both proposed 15 days across all sectors, and both lapsed. The current private member's bill, introduced in the Lok Sabha in December 2025 by MP Supriya Sule, is more ambitious:

• Eight weeks of paid paternity leave.
• A further eight weeks of shared parental leave the couple can divide between them.
• The shared portion usable any time within 18 months of the birth.

Private member's bills rarely become law, and this one has not been debated. Treat it as a signal of where the floor may land, not a deadline. The Paternity Benefit Bill text from 2019 is on the Sansad record if you want the drafting history.

Where the labour codes stand today

India's four labour codes came into force on 21 November 2025, consolidating 29 central laws, and the Central Rules followed on 8 May 2026.

The full picture is in our guide to the new labour codes in India. For paternity leave specifically, three things are true today.

1. The Code on Social Security, 2020 uses broader parental language than the statute it replaced, which is why so many articles imply a new entitlement.
2. It does not create a paternity entitlement for private sector fathers. The central government framework is unchanged.
3. State level rules under the codes are still being notified in several states, so the position can still shift during 2026 and 2027.

This reflects the position as of October 6, 2026. Paternity leave in India is governed by central service rules with state level variation, and the labour code notifications are still moving. This information is for general guidance. Consult with legal experts for your specific situation.

Is paternity leave paid in India, and how is payroll handled?

For central government employees paternity leave is fully paid, at the pay drawn immediately before the leave began, and it is never debited against another leave account. In the private sector it depends on company policy, though most employers that offer it pay in full. The edge cases are where it gets expensive.

Combining paternity leave with earned leave to build a longer break is common and generally accepted, in both sectors. Say so explicitly in the policy, because employees will not assume it.

The deductions themselves do not pause during the leave. Provident fund, professional tax and TDS continue to run on the paid component, which is why the leave month needs to be flagged to payroll before the cut off rather than after. Refer to this guide on payroll compliance in India for the filings that follow and how the leave month is reported.

How does paternity leave differ from other leave types in India?

If you are eager to know how the accrual side of this works for joiners and leavers, read more in our guide on how to calculate prorated PTO in India.

What do top Indian companies offer for paternity leave?

No law requires any of this. These companies do it to win senior talent, and the benchmark has moved a long way past the government's 15 days.

Consumer internet and fintech firms have moved to gender neutral parental leave measured in weeks. IT services and the broader organised sector still sit at one to two weeks. If you are hiring senior engineers in Bangalore or Hyderabad, you are competing with the first group.

That competition shows up in retention. See this guide on the attrition rate in India for what turnover actually costs a small team, and read more on the cost of employment in India to put 15 days of paid leave against the loaded cost of replacing the person taking it.

How does paternity leave in India compare with other countries?

India sits near the bottom of the global range, and its private sector has no floor at all. For a global employer setting one parental leave philosophy across markets, that makes India the cheapest place to look generous and the easiest place to look negligent.

The takeaway for a US or UK parent company is counterintuitive. India's private sector has no floor, which makes your policy a differentiator rather than a compliance box. Fifteen days of paid leave in India costs less than the two weeks of UK statutory paternity pay and buys considerably more goodwill.

How do you apply for paternity leave in India?

The process is broadly the same in both sectors. These are the steps that keep it clean:

1. Check the entitlement. Government employees look at Rule 43-A, or Rule 43-AA for adoption. Private sector employees look at the HR handbook, then the employment contract.
2. Apply in writing two to four weeks before the expected delivery date, or immediately after the birth or adoption if it was unplanned.
3. Attach the supporting documents listed below.
4. Log the leave in the HRMS or self service portal, so the dates are on record and payroll picks them up correctly.
5. Hand over open work before going on leave, with a named backup for anything time sensitive.
6. Confirm the return date in writing. Ambiguity here is what turns a clean leave into a payroll dispute.

A clear process keeps parental leave compliant, documented, and easy to manage from application through return.

Paternity leave application format

Most Indian employers accept a short written application, either by email or through the HRMS. This format covers everything a manager and a payroll team need, and it works in both sectors.

Subject: Paternity Leave Application, [Your Name], [Start Date] to [End Date]

Dear [Manager or HR Manager's name],

I would like to apply for paternity leave under the company's parental leave policy.

My child is expected on [date] or was born on [date]. I would like to take paternity leave from [start date] to [end date], a total of [X] working days.

[Colleague's name] has been briefed on my open work and will cover anything time sensitive while I am away. I will submit the birth certificate on my return, and I expect to be back at work on [return date].

Thank you, [Full name] | [Employee ID] | [Department] | [Contact number]

Two details decide whether this gets approved once or comes back as a query. Name the colleague covering your work, and confirm the return date in writing. Ambiguity on either is what creates a payroll argument at month end.

One planning note. Check the leave window against the public holiday calendar before fixing dates, because a badly placed block wastes days the employee could have kept. Refer to this guide on holidays in India.

Documents required for paternity leave in India

Requirements vary by employer, but this list covers what almost every Indian employer asks for:

• A written leave application stating the exact dates.
• The child's birth certificate, or the hospital discharge summary if the certificate has not been issued yet.
• A doctor's letter confirming the expected delivery date, for applications made before the birth.
• The adoption order or court papers, for adoptive fathers.
• Surrogacy agreement documentation, where the arrangement applies.
• A marriage certificate, which some government departments still ask for.

Confirm the list with HR before applying, because a missing document is the most common reason approval slips past the payroll cut off. If you are interested to know how the monthly cut off itself is structured, see this guide on the payroll cycle in India.

Can paternity leave be refused or rejected in India?

For central government employees, no. Rule 43-A states that paternity leave shall not normally be refused, so once the conditions are met approval is not discretionary. If it is refused anyway, the route is an administrative escalation or a representation to the Department of Personnel and Training.

In the private sector a request can be refused, because no law grants the entitlement. Where a policy exists, refusal should only follow from its own terms, such as an exclusion during probation, a third child under a first-two-children rule, or documentation that cannot be verified.

For employers the practical risk is not legal. It is that an inconsistent refusal reads to the team as the policy being decorative. Write the approval authority into the document and apply it the same way every time.

Why do Indian fathers still not take the leave?

Access and use are two different problems. Plenty of employees at companies with generous policies take three or four days and come straight back, because taking the full entitlement is still read as a signal about commitment. The policy gap is real, but the behaviour gap is wider.

A JobsForHer survey of 300 companies, reported by Business Today, found that 57% of large enterprises offer two weeks or more of paternity leave, only 31% of SMEs and startups do the same, and 14% of companies have no paternity policy at all. That last figure is widely misquoted the other way round, as 14% of companies having a policy. The survey says the opposite, and the policy gap is real but narrower than the anecdotes suggest.

"While motherhood has long enjoyed statutory recognition, fatherhood remains entrapped in legislative silence." Pawan Reley, Advocate on Record, Supreme Court of India, writing on LinkedIn

None of this is fixed by a policy document. It is fixed by senior men visibly taking the leave, and by managers being briefed before rollout. Refer to this guide on work culture in India for the norms a foreign manager will not pick up on a video call.

What should employers put in a paternity leave policy?

Because the entitlement is contractual rather than statutory, the document is the entitlement. These are the clauses worth getting right:

• A standalone policy document, not a line buried in the employment contract. Publish it where every employee can find it.
• Duration in days or weeks, with whether it can be taken in instalments and inside what window.
• A separate leave category in the HRMS, so paternity leave is never drawn from annual or casual balances.
• Explicit coverage for adoption, surrogacy and non biological parents.
• Payment treatment, including how salary and statutory deductions are handled for the leave month.
• The documents required, and who signs the approval.
• A job protection clause: no demotion, no change of role, no effect on the appraisal.
• A manager briefing before rollout, because a policy without a supportive manager produces no change in behaviour.

Write those eight into the document and the policy will hold up in an audit and in practice. Refer to this guide on HR policies in India to see where this one sits alongside the rest, and use our free holiday and leave policy tool if you want to model durations and carry forward rules before drafting.

A paternity policy does not stand on its own. It has to sit next to the statutory leave floors your establishment already owes, which are set out in this guide on leave policy laws and holidays in India, and it has to be reflected in the registers and filings covered in statutory compliance in HR in India. Keeping the leave in its own category, so it is never silently drawn from an annual balance, is the detail most handbooks miss.

Fold the policy into day one paperwork so a new joiner knows it exists long before he needs it, which is covered in our employee onboarding in India checklist. One exit scenario is worth writing down as well, which is what happens when someone resigns inside the leave window, covered in notice period rules for remote employees in India. For the wider set of obligations a foreign employer carries, read more in our guide to HR compliance in India.

How does Wisemonk help with paternity leave in India?

Wisemonk is an India native Employer of Record. Our EOR services in India let you hire, pay and manage a team here without setting up a local entity, and parental leave sits inside the service rather than beside it.

• Hiring and employment contracts: We become the legal employer of your India team and write the employment contract ourselves, with the paternity leave clause, its duration, its window and the adoption and surrogacy cover built in at offer stage rather than patched in later. Read more on how to hire employees in India.
• Managed payroll: We run the monthly cycle end to end, including the months where leave falls. Provident fund, professional tax and TDS keep running on the paid component, and the leave is flagged before the cut off rather than after. See this guide on payroll in India for how the cycle works.
• Benefits administration: We enrol your employees in group health insurance, handle dependant additions when a child is born, and manage renewals and claims so your HR team never has to learn an Indian insurer's process. See this guide on group health insurance in India for how the cover is structured.
• Leave and HR operations: We keep paternity leave in its own HRMS category so it is never drawn from annual or casual balances, hold the birth certificates and adoption orders on file, and give your managers an approval trail they can audit. Read more in our guide to the work from home policy in India.
• Statutory compliance monitoring: We track central and state notifications as they land, including the labour code rules still being issued state by state, and tell you when one changes the position for your establishment. See this guide on the legal requirements for hiring employees in India for the full obligation set.

India is where we are strongest. We handle employment, payroll, benefits, and compliance for your India team in-house, with our own people on the ground. We are planning to extend into further markets, including the US and the UK, in future.

What our clients say

A Canadian software company ran its India team from head office, with no local HR presence to handle statutory leave, benefits enrolment or equipment.

"We've been using Wisemonk to support our India team for the past six months, and the experience has been excellent. They've handled everything from payroll and statutory compliance to equipment procurement and benefits enrollment, all with a level of responsiveness and professionalism that makes managing a remote India team from Canada feel seamless."
- Monika Russell, CFO at Minehub, Canada

A US engineering team ran into the same problem one layer deeper, on benefits and the monthly cycle itself.

"They handle payroll and benefits end to end, so I can offer my employees good health insurance without having to master the idiosyncrasies of Indian benefits myself. Payroll cutoff reminders arrive every month before I need them, and off-cycle bonus runs have never been a problem."
- Tak Yamamoto, President at Red Hill Technology Solutions, Inc.

The common thread is the one that matters for paternity leave too. Someone in India owns the policy, the payroll and the paperwork, so your HR team never has to learn Indian service rules to give a new father his fifteen days.