Paternity Leave For Father: Legal Implications
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This Blog is written by Oshin Gupta from CPJ College of Higher Studies & School of Law, Delhi. Edited by Prakriti Dadsena.
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INTRODUCTION
“Positive and meaningful interaction with mothers and fathers from the very beginning helps to shape children’s brain growth and development for life, making them healthier and happier, and increasing their ability to learn”. – Henrietta Fore, UNICEF Executive Director
Paternity leave is a period of time that a father is granted before or after the birth of a child from work.
Mother, as well as a father, plays a vital role in their child’s birth, no one can decide who is more important in the upbringing of the child. The misconception is that only mothers have the responsibility of a child. Most of the countries have the provisions of maternity for mothers leave but only some recognize paternity leave for fathers.
In this era, both mother and father have equal liability towards their child. But a father has the responsibility of the emotional and physical wellbeing of the mother too. It is time to discuss the same.
SIGNIFICATION OF DEVELOPMENT
Below are some points that support the implementation of laws regarding paternity leave:-
• There are a lot of do’s and don’ts after the C-section of pregnant women. It is the time where the father is needed the most. With almost 21% of the world’s baby in 2015 started their life with C-section, paternity leave is a necessity.
• With child, come responsibilities which are needed to be fulfilled. Paid paternity leaves are of great significance to fulfill the need of the family.
• Not everyone can afford house-help or a nanny.
• Trend of nuclear families is increasing. Sometimes relatives are not there to help the mother.
• When a man adopts or mother dies while giving birth. How one supposed to do everything without paid leaves.
IMPACT
We can study the impact of paternity leaves by analyzing the law of the country where it is implemented:-
South Korea
South Korea provides 53 weeks’ leave since 2016. But it is studied that in 2018 only 17% of fathers took it. But it is 66% more than in 2017. Thinking of the people is changing.
Sweden
Sweden provides leave for up to 480 days. It is upon the parents how they want to split the leaves. Out of it, 390 are paid via taxes.
Iceland
Iceland has a policy of 10 months split parental leave. It is going to be 1 year from 2021.
Japan
Japan has a policy of 1 year leave. According to data only 6% of fathers are taking the benefits. Out of 1 year, 30-week salary is paid tax free.
PROVISIONS IN LEGISLATURE
There is no provision in India regarding the paternity leave. But there is a provision in rule 551 (A) under central civil services (leaves) a father with less than two children can avail the benefit of leave of 15 days. But they can avail it within 6 months from the birth of the child.
Right after the maternity benefit amendment act comes into force in 2017, a paternity benefit bill was proposed by a Maharashtra MP, Rajeev Satav.
The bill included:-
• Both unrecognized and private sector.
• Employers who worked for 80 days in an organization is entitled to the benefit.
• Leave of 15 days up to 3 months.
• Average of daily wage paid to him for a number of days worked by him.
• To organize paternal benefit scheme fund. Employee, employer, and central government to contribute in the fund.
CASE LAWS
Chander mohan jain v. NK bagrodia public school
In 2009, a school teacher, challenge the rejection of his application of paternity leave and deduction of his salary. Supreme Court held all employees of unaided recognized private schools are entitled to paternity leaves. And also ordered the refund of the deducted amount of salary.
CONCLUSION
Two-third of the babies under the age of one all over the world where the fathers are not entitled to any paternity leaves according to the analysis by United Nation International Children’s Education Fund (UNICEF). 92 countries lack policy ensuring the need of paid time off to spend with their newborn.
Considering the situation it is the dire need of the hour to have specific laws about the same. It would take some time for the society to digest that man could also take leave to care for the child and the mother. Ultimately, results will increase. Those who are in actual need can be benefitted from the scheme. Globally, if implemented India would be one step ahead
India cries out for gender neutrality if rights are equal, then why not duties. It will ensure equality. A mother during the delivery and after that needs emotional support that can only be fulfilled by the father.
Sweden, Norway, Estonia, Slovenia, Iceland, Hungary, Finland, and Canada are some countries that recognize paternity leave. And the results are increasing. With time more fathers are taking advantage of the policy.
REFERENCES
[1] https://news.un.org/en/story/2018/06/1012152
[2] https://www.theladders.com/career-advice/6-countries-with-the-best-paternity-leave/