Quick answer: Paternity leave in India is paid time off for a father around the birth or adoption of a child. No central law gives it to private-sector employees. The Labour Codes cover maternity only. Central government employees get 15 days under their service rules, so a private employer that offers paternity leave does it through its own policy.
- The Code on Social Security, 2020 contains no paternity leave entitlement.
- Male central government employees get 15 days of paternity leave.
- An EAC-PM paper in May 2026 asked the Labour Ministry to phase in statutory paternity leave, starting with the private sector.
- Until a law changes, your written leave policy is the only source of the entitlement.
What are the paternity leave rules for private companies?
There are none in statute, so the rules are whatever your policy and offer letter say.
That gives you room, but it also creates a contract. Once paternity leave appears in an appointment letter or handbook, the employee can enforce it like any other term. Write down four things:
| Policy point | What to decide |
|---|---|
| Length | Number of days, paid at full salary or not |
| Eligibility | From day one, or after a service period |
| Timing | Within a window around the birth or adoption |
| Adoption and surrogacy | Covered on the same terms or not |
Keep it consistent across the team. A Pune engineer and a Bengaluru engineer on the same grade should get the same policy, even if their states’ Shops and Establishments Acts differ on other leave.
Is statutory paternity leave coming to India?
Possibly, but nothing has been notified as of October 2026.
In May 2026 the Prime Minister’s Economic Advisory Council recommended a phased approach: statutory paternity leave for the private sector first, then gender-neutral parental leave and contributory parental-leave insurance, as Business Standard reported. It’s a recommendation. No Bill exists yet.
So watch for it. If a law arrives, your policy will need to meet the new minimum.
What do foreign employers get wrong about paternity leave?
They assume it doesn’t matter because it isn’t mandatory. It does, because Indian candidates now compare it.
Many offer letters stop at statutory leave, which for a father means only earned leave and casual leave. That forces a new father to burn his annual balance. A separate paternity allowance avoids it.
Another gap is adoption. The Maternity Benefit Act rules now give adoptive mothers 12 weeks whatever the child’s age. If your paternity policy excludes adoption, the mismatch shows. It’s a non-statutory benefit, so the design is yours.
How does Remunance set up paternity leave for your team?
Remunance writes your paternity policy into the employment contracts we issue as the legal employer, then tracks it in our leave administration alongside earned, casual and sick leave. You decide the generosity. We keep it consistent across all 34 Indian cities we hire in. Our guide to paternity leave in India compares common policy designs. To draft a leave policy that fits your home-country standard, speak to our India HR team.
What else do people ask about paternity leave in India?
Is paternity leave mandatory in India?
Not in the private sector. Only central government employees have a statutory 15 days. Private employers offer it by policy.
How many days of paternity leave do private companies give?
It varies by employer. Your policy sets the number, and once written into the contract it binds you.
Can paternity leave be taken for adoption?
Only if your policy says so. There is no statutory adoption leave for fathers in the private sector.