Paternity leave

The word Joining means that the person is physically presenting himself in the department. So that date is over for asking any leave. 

quary is vague.

Paternity and maternity leave does not have a qualifying period

Mr.Khosla, Mr.Sudhir Kumar has given valuable advice. Kindly follow it.

This is an interesting discussion.

While maternity leave and its applicability have been well defined for govt. and private sector, probably a lot needs to be well explained/defined for paternity leave and its applicability for govt. and private sector.

Parental Leave for Govt. Employees entails the scope of Maternity leave, Child care leave, Child Adoption Leave, Paternity Leave.

Paternity leave can not be refused.

The Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child.

In 6th CPC has any recommendation on this issue..?

Rule 551 (A) - Paternity Leave.

A male CG servant (including an apprentice) with less than two surviving children may be granted Paternity Leave for a period of 15 days during the confinement of his wife i.e. upto 15 days before or upto six months from the date of delivery of child and if such leave is not availed of within this period it shall be treated as lapsed.

It shall not be debited against the leave account and may be combined with any other kind of leave (as in the case of Maternity Leave). It shall not be refused under any circumstances. Paternity Leave too, like Maternity Leave can be sanctioned only in a single spell. During the period of such leave he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
Many State governments and public Sector and Private companies have also implemented similar provisions for its employees.
 

Employment laws decide different category of leaves, eligibility for leave, duration of leave etc. Under different laws, there are different provisions for different categories of leaves.
The Industrial Employment Standing Orders Act shows scope for elaborate discussion on different conditions of service and in organizations where trade unions are involved leave rules are formed in consultation with unions.

Different kinds of leave are designed to satisfy different aspects of work like.

Mr Kumar Doab, u should read the query first that who posted that query and than give ur advice. I may like to inform u that this query has been raised by Ms Pushpa and  not by Mr Khosla.

Secondly, the catch in the query is that the the person wants the Paternity leave when he joins the orgnaization first time first day after getting recruited in that organization.

what u have explained is nothing new and known to all govt servants and all have read the VI Pay Commission. Cut pasting the rule does not solve the query.

Give ur clear specific opinion on query posted by Ms Pushpa. Keeping the catch given in question, my answer was straight to the point.

I hope it clarifies the matter. 

Mr. Khosla, first of all let me reget if at all any offence has been made, by adding a post in this thread.

If you shall allow my post has been "Mr.Khosla, Mr.Sudhir Kumar has given valuable advice. Kindly follow it." implying and affirming your answer was straight to the point.

and also "While maternity leave and its applicability have been well defined for govt. and private sector, probably a lot needs to be well explained/defined for paternity leave and its applicability for govt. and private sector."

While scouting for some information on Parental leave although for maternity Benefit following was noted:

"MATERNITY BENEFIT ACT, 1961
                                                                    1
                                              (No. 53 of 1961)

5.   Right   to   payment   of   maternity   benefit.--  (2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of
not less than one hundred and sixty days in the twelve months immediately preceding the
date of her expected delivery:

          Provided that the qualifying period of one hundred and sixty days aforesaid shall
not apply to a woman who has immigrated into the State of Assam and was pregnant at
the time of the immigration."

For Paternity Leave such a specific clause for entitlement was not found by me.

If such a specific clause on Paternity Leave is available even for govt. sector I shall humbly request you to provide it to benefit everyone.

This forum in which a thread is initiated is forum for discussion and sharing, and discussion can be extended.

Another Forum is also there for Experts.

I have tried my level best to maintain decorum in the forum right from day one, as in career spanning almost 26 years in senior most and responsible positions, and shall continue to do so.

Various threads may have contributions which are neither innovative nor inventions, but sharing even if by cut and paste option,add to the knolwedge domain and can be utilized by one and all who visit the forum.

Who knows how many shall be benefitted by even a cut and paste option. Majority of the times it is a cut and paste option which is sought and which is provided by one memeber who has been able to access it to another member who has sought it.

This forum is for social service and atleast I am not scouting for any benefit.

After your prompt I have read again and have realized the querist has not limited the thread to govt. employees alone.

I have also realized the cut and paste option has not caused any harm to anyone.

Although I  fail to understand how and why I have offended you by sharing some information, my post in this thread shall end here. Kindly allow to close as the matter stands clarified.

My apologies to Shri Kumar Doab for continuing the thread. I would like to add that there are always grey areas in the rule book which prompts the queries. Since the rule book does not cover all situations, we look for expert advise or often consult Swami`s book for interpretations.  I agree with u that cut pasting rules also raises awarwness, but when rule book is silent, one has to give his unsolicited opinion, applying logic or Principle of Natural Justice.  Same is the case here, Ms Pushpaji desires to know that a person who comes with apponintment letter to join the organization, applies for Paternity leave from same day itself. It is apparent that she knows that qualifying period is not given in Paternity leave. Probably such a situation become grey area / anamoly , which may bring amendment in future. Keeping above in view, I exempted date of joining from date of starting paternity period and replied accordingly.

 I also agree that cut pasting information can never harm any body, but starters to such information can make or break ........

Any way, many thanks for clarifying ur stand and for offering explanations.As said by u, I also treat the matter as closed.

Hi,

Thanks you all

It helps.

Regards

Pushpa

U     R      WELCOME

Mr Khosla and Mr Doab are using their brain in futility.  The querist has not even intimated whetehr the service is under Govt or not. Whether at all paternity leave is there or not. What is the nature of post

Dear Team, I am working in a Govt. of India Company having its office in 70 locations which comes under Specified Undertakings of Unit Trust of India (SUUTI) fully which in turn is under direct control of Ministry of Finance, Govt. of India. COmpany name is UTI Infrastructure Technology And Services Ltd (A Govt. of India Company). website: www.utiitsl.com

UTI Infrastructure Technology And Services Limited (UTIITSL), formerly known as UTI Technology Services Limited (UTITSL), was promoted by the erstwhile UTI and incorporated as a limited company on May 19, 1993 to serve the investors of UTI schemes. Consequent to enactment of the Unit Trust of India (Transfer of Undertaking and Repeal) Act 2002, the company is construed as a Government Company under section 2(45) of the Company’s Act 2013.

The company currently has no provision of Paternity Leave to its any kind of employees (regular permanent on roll as well as temporary employees). The company has not implemented the Central Civil Services (Leave) Rule 551 (A) which made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child.

Does the company will come under CCS (Leave) rule 551(A) or not.

What should be done to get the paternity leave implemented in the Company so that all the employee gets benefitted by the rule which is already implemented in Central Government.

Thank you.

Please reply elaborately.