Kaam Ki Baat

Haryana gives a push to Paternity Leave- Cabinet gives the nod

Haryana Cabinet approves child care leave of 2 years for single male government employee

The debate surrounding “Paternity Leave” has been around for the past few years. It is the right of both parents to be equally involved in the child’s upbringing and rearing process. For the longest time, males were kept out of the purview of getting leaves to take care of their children. But, recent trends have seen a shift in that. Not only have corporate companies begun to allow males to take paternity leaves, but the Government has also updated its status regarding this. 

Does India have any paternity law?

No, we do not have a proper paternity law that guarantees males the right to take a leave like The Maternity Benefit (Amendment) Act, 2017 guarantees maternity leave to women. 

The Paternity Benefit Bill 2018 was proposed in the Lok Sabha but is yet to be passed. 

Currently, the Central Civil Services (Leave) Rule allows a male government employee to take paternity leave for 15 days. It can be availed by employees who have not more than two surviving children. Additionally, it can be availed 15 days before or up to six months after the delivery of the child. 

What is the recent amendment by Haryana Cabinet?

The Haryana cabinet recently amended its Haryana Civil Services (Leave) Rules, 2016 to add the provision of giving two years’ leave for child care to single male government employees. 

An unmarried, widower or legally divorcee government employee (male) and a female government employee can now both enjoy the leave.

Rule 46 of the Haryana Civil Services (Leave) Rules, 2016 now states- 

“Child care leave shall be admissible for a maximum period of 730 days during the entire service for taking care of two eldest surviving children up to the age of eighteen years only. Provided that the period of 730 days includes the child care leave availed, if any, by the mother, as a female Government employee, while working under any State government or the Government of India before the submission of application by a single male Government employee of the same two eldest children.”

Read more: COVID Haunts India Again, Centre Says- ‘Hum Tayyar Hain’!

Is the rule of 18 years fixed?

No, the rule of 18 years does not apply to Divyang children, where impairment is more than 60% and the child is entirely dependent on the female or single father employee.

When does the amendment come into effect?

The amendment comes into effect from the date of its publication in the Official Gazette. 

This is a positive push toward balancing the societal roles of males and females. This also takes away from the patriarchal mindset that only women must take care of the child or men have to work and cannot ‘sit at home and change diapers’. Single male parents need the same support as single female parents. They need to be a part of a system that promotes and normalizes the concept of paternity leaves. 

Yes, there is also a need to have these paternity laws for married men. But this is a start and a push in the right direction. More state governments should follow this example and include men in childcare leaves.

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Harshita Bajaj

Harshita has a background in Psychology and Criminology and is currently pursuing her PhD in Criminology. She can be found reading crime thrillers (or any other book for that matter) or binge-watching shows on Netflix when she is not in hibernation.
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