Paternity Leave in India
Last updated: 13 July 2026. General explainer, not legal or tax advice.
The legal position
Paternity leave is time off for a new father around the birth of a child. In India there is no statutory paternity leave for private sector employees. Central government employees are entitled to it, commonly fifteen days, but there is no equivalent right in private companies, so any paternity leave there comes from the employer's own policy.
Paternity versus maternity leave
This is the key contrast. Maternity leave is a statutory right under the Maternity Benefit Act, with a defined paid period for eligible women. Paternity leave in the private sector has no such statutory backing. So an employer must offer maternity benefit by law, while paternity leave is a choice it makes.
What employers commonly do
Even without a duty, many employers offer a short paid break for new fathers, often a week or two, as part of a modern benefits package. Because it is discretionary, the length, the eligibility and the notice are all for the employer to set.
Drafting a paternity policy
A clear policy line settles the questions before they arise, how many days, who qualifies, how much notice, and whether it must be taken in one block. Writing it down keeps the benefit consistent across the team rather than decided case by case.
Paternity leave and retention
Since paternity leave is not required in the private sector, offering it is a choice, and many companies make it as part of how they attract and keep staff. A short, clearly stated paternity benefit signals a workplace that expects people to have lives outside work, which younger candidates in particular notice.
The cost is modest and the policy is simple, but the value is in the clarity. A benefit that is written down and applied evenly does more for trust than one granted quietly to some and not others, which is why even a small paternity policy is best put in writing.
Worked example
A company has no legal duty to give paternity leave, but decides to offer new fathers one week of paid leave around the birth of a child. It writes the eligibility and notice into its leave policy so every employee is treated the same way.
Related terms
Frequently asked questions
Is paternity leave mandatory in India?
Not for private sector employees. Central government staff get paternity leave, commonly fifteen days, but private companies offer it only through their own policy.
How long is paternity leave?
There is no statutory figure for the private sector, so it is whatever the employer policy sets. Central government employees commonly get fifteen days.
Is paternity leave the same as maternity leave?
No. Maternity leave is a statutory right for eligible women under the Maternity Benefit Act. Private sector paternity leave rests on company policy.
Should a company have a paternity leave policy?
It is not required, but a written policy keeps the benefit consistent and answers the common questions on days, eligibility and notice.
Do central government employees get paternity leave?
Yes, central government employees are entitled to paternity leave, commonly fifteen days, unlike private sector staff.
Why do companies offer paternity leave if it is not required?
As part of attracting and keeping staff. A clear paternity benefit signals a workplace that respects life outside work, which candidates notice.
Does paternity leave need to be a formal policy?
It is not required, but writing it down and applying it evenly builds more trust than granting it quietly to some employees and not others.
Sources and official references
The rules and figures on this page trace to the official sources below. Statutory amounts and dates change, so confirm the current number on the source before you act on it.
How Offrd helps
Offrd's policy builder helps you write a clear leave policy, so entitlements like paternity leave are documented rather than ad hoc.