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Beyond Breadwinning: The Case For Extended Paternity Leave




Avadhi Jain, Gujarat National Law University, Gandhinagar


In today's time, there's a growing conversation around parental leave policies, with maternity leave being well-established while paternity leave is still growing. Set gender roles, where the males are seen as primary breadwinners and the females as primary caregivers, are being questioned due to evolving societal changes and a push for gender equality. There's increasing recognition of the benefits of longer paternity leave for women, children, and society. This discussion’ aim is to highlight the need of extended paternity leave and advocate for policies that focuses on family well-being and advance gender equality, while also examining the current situation of paternity leave policies in the world.


In India, there is a stark contrast that exists between paternity leave norms in the private and public sectors, with many private institutions not accommodating any such leave, while the government offers a limited 15-day allowance for the same. This difference underscores the pressing need for equitable, just and inclusive policies across all the sectors, ensuring that the males have the opportunity to support their families during crucial life events without fear of professional repercussions.


“For government sector employees, the Central Government introduced paternity leave provisions in 1999 under Rule 551(A) of the Central Civil Services (Leave) Rules1.” This allows Central Government employees who are male, including apprentices and probationers, with fewer than two surviving children, to take up to 15 days of paternity leave to attend to their wives and newborn child’s needs. This leave can be used either 15 days before the expected delivery date or within six months following the birth of the child. However, if the leave remains utilised within this stipulated period, it will be considered that it has been used.


Though unlike the provision for government employees, private sector employers are not mandatorily required to offer paternity leave as of now, a Delhi High Court judgment has evengranted this facility to male employees of unaided recognized private schools, reflecting the importance of offering equal benefits to all segments of employment.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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