Paternity and partner leave in India
Reviewed by Mellow Editorial Team, HR & payroll content team
Paternity and partner leave in India is not governed by a single central law — coverage depends on which legislation applies to an employee's sector, and many private-sector workers have no statutory entitlement at all. Here is what employers and HR leads need to know.
Who is covered by statutory paternity leave
India has no universal paternity leave law covering all employees. Entitlement exists under two specific statutes:
Central Government employees are covered by the Central Civil Services (Leave) Rules. Male employees and those in a relationship that results in a new child — whether through birth or adoption — are entitled to 15 days of paid paternity leave. This leave can be taken within a defined period around the date of childbirth or adoption.
The Maternity Benefit Act, 1961 covers establishments with ten or more employees in certain industries, but it applies to the mother, not the partner. It does not create any paternity or partner leave obligation.
Private-sector employees — the majority of India's formal workforce — have no statutory right to paternity leave under current central law. Their entitlement, if any, comes entirely from their employer's own policy.
The Labour Codes and where things stand
India's four consolidated Labour Codes, which came into force in 2025, restructured much of employment law. The Code on Social Security consolidates several earlier Acts, including the Maternity Benefit Act. However, the Codes do not introduce a new universal paternity leave provision for private-sector workers. The position for most private employers therefore remains unchanged: paternity leave is discretionary.
Some state governments have their own rules for state government employees, and these vary. If your workforce includes employees under a state government framework, check the applicable state service rules directly.
What private employers are doing in practice
In the absence of a statutory floor, private employers set their own terms. Practices vary considerably:
- Startups and tech companies commonly offer five to ten days of paid paternity leave, often called "parental leave" or "partner leave" to be more inclusive.
- Larger multinationals may align Indian policy with global standards, sometimes offering two to four weeks.
- Traditional industries and smaller firms may offer nothing beyond casual or earned leave that an employee can use at their discretion.
There is no legal requirement to call it "paternity leave" specifically. Some employers are moving toward gender-neutral "partner leave" or "secondary caregiver leave" policies that apply regardless of the employee's gender or relationship structure.
How to structure a paternity leave policy
If you are writing or updating a policy, a few points are worth getting right:
Eligibility conditions. Be clear about who qualifies: biological fathers, adoptive parents, same-sex partners, or all of the above. Define how long the employee must have worked before they can take the leave.
Duration and pay. State clearly how many days are paid at full salary, and what happens if the employee needs more time — for example, whether they can extend using earned leave.
Notice and documentation. Specify what notice is required and what documents support the claim (birth certificate, adoption order, hospital records). Keep this reasonable; new parents are managing a great deal at once.
Application to multiple children. Decide whether the policy applies to each birth or adoption, or whether it is limited (for example, to the first two children, as central government rules do).
Putting the policy in writing, including it in the offer letter or employment contract, and applying it consistently will protect you if a dispute arises and will be relevant to any compliance audit under the Labour Codes.
Payroll treatment of paternity leave
Paid paternity leave is treated as a salary payment for payroll and tax purposes. It is not a separate statutory benefit with its own tax treatment the way gratuity is.
Employer contributions to EPF (12% of qualifying wages) continue during paid leave, as do employee contributions at the same rate. ESI obligations, where applicable, also continue. The pay during leave is included in the employee's taxable salary and reflected in Form 16 at year end. TDS is deducted as normal through the payroll cycle, and the leave pay appears in the quarterly Form 24Q filing.
There is no separate reporting code or exemption for paternity leave pay under current income tax rules — it is simply part of gross salary.
The practical gap employers need to address
Because there is no statutory minimum for private-sector workers, many employees assume they have a right that does not exist in law, or discover too late that their employer offers nothing. This creates friction at exactly the wrong moment.
A written policy — even a simple one — removes that ambiguity. It also matters for hiring: candidates increasingly ask about parental leave, and a clear, fair policy is a concrete signal of how a company operates.
---
Run HR and payroll in India with Mellow
Mellow brings HR, payroll and 12 AI agents into one platform — built to handle India properly, with payroll included, from £4 per employee per month. The AI agents don't just answer questions; they generate contracts, run cost estimates and draft letters for you.
[Start a free trial →](/register)