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Paternity Leave in India 2026
What private-sector employers should know about statutory entitlement, government-service rules, adoption cases and company paternity-leave policies.
Updated 22 September 2026Employer-focused legal guide
01
Private-sector position
There is no general paternity-leave entitlement for private-sector male employees in the maternity-benefit chapter of the Code on Social Security.
Chapter VI of the Code on Social Security, 2020 sets out maternity benefits for women, including maternity benefit, miscarriage and medical-termination leave, nursing breaks and crèche provisions. It does not prescribe a general nationwide paternity-leave entitlement for private-sector male employees.
Accordingly, paternity leave in a private company commonly depends on the employer's HR policy, contract of employment, certified standing orders or another more favourable rule that applies to the employment. Employers should not assume that government-service paternity-leave rules automatically apply to private establishments.
Primary statutory source: Code on Social Security, 2020 — India Code.
02
Government-service distinction
Government paternity-leave rules are service-specific.
The All India Services (Leave) Rules provide an example of a statutory service rule: an eligible male member with fewer than two surviving children may be granted 15 days of paternity leave around childbirth, subject to the rule's timing and other conditions. That service rule should not be treated as a private-sector mandate.
Do not copy blindly
A 15-day government-service rule does not by itself create the same entitlement in every private establishment.
Adoption
Government-service rules may separately address paternity leave on adoption; private employers should define adoption coverage expressly in their policy.
Record consistently
Document eligibility, supporting evidence, payroll treatment and return-to-work dates consistently.
Government-service reference: Department of Personnel & Training — All India Services (Leave) Rules.
Employer policy
A clear company paternity-leave policy reduces payroll and employee-relations disputes.
Where an employer voluntarily provides paternity leave, the policy should define who is covered, duration, timing, pay treatment, adoption/surrogacy treatment, documents and interaction with other leave.
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Define eligibility and service conditions.
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Specify paid/unpaid status and number of days.
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Set the window for availing leave around birth or adoption.
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Clarify documents, payroll coding and combination with other leave.
Common searches
Paternity leave in India: employer FAQs
Is paternity leave mandatory in private companies in India?
The maternity-benefit chapter of the Code on Social Security does not prescribe a general nationwide paternity-leave entitlement for private-sector male employees. A company policy, employment contract or another applicable rule may nevertheless provide the benefit.
How many days of paternity leave are allowed in India?
There is no single number that applies to every employee in India. For example, the All India Services leave rules provide 15 days for eligible male members, while private-company entitlements depend on the applicable policy or employment terms.
Can a private employer offer paid paternity leave?
Yes. Employers can provide a more favourable contractual or policy benefit. The policy should clearly state eligibility, duration, pay, timing, adoption coverage and documentation so it is administered consistently.
Does the Maternity Benefit framework itself grant paternity leave?
No general paternity-leave entitlement for private-sector male employees is set out in Chapter VI of the Code on Social Security. The maternity-benefit provisions principally address benefits and protections for women.
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