No doubt there might be men who would take unpaid leave to play their part. However, it is worth remembering that having another family member only increases the need for money, and thus, unpaid paternity leave is unaffordable, even if desirable, for most employees. Parenting is, and should be, a task shared equally between the partners — and it is high time the law on paternity leave in India reinforces rather than rejects this. Not only would this make each parent a more satisfied employee, if the economic argument must be made, but it would also go a long way towards changing the stereotypical gender dynamics at home as well as in the workplace.
It is worth celebrating that a few companies in India, despite there being no legal mandate to do so, have introduced paternity leave policies for their employees within a range of six to 26 weeks. However, the concern for equal gender relations at home and at the workplace, of which parental leave is only one contributing factor, goes beyond simply the availability of sufficient paternity leave. After all, stereotypes and social pressures might still operate to produce circumstances where the fathers never avail of the leave or return to work sooner than the mothers.
This means that the paternity and childcare leave policy must be designed in a manner that addresses prejudices against fathers taking leave to the extent possible, and also be accompanied by active efforts at the workplace to counter such notions. For paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave. Also, the same rule applies when a child is adopted. While paternity leave is sanctioned for government employees, there isn't any such law that indoctrinates the private sector to make it obligatory.
Hence, paternity leave is open to interpretation by individual companies. Despite there being no legislation, the New Delhi High Court in passed a judgement allowing paternity leave in private schools with Chandramohan Jain, a private school teacher, getting his deducted salary back as his leaves were recognised as Paternity leaves by the court.
We all know and understand that for a healthy work culture and to get the optimum efficiency out of an employee, an employer must ensure to provide certain basic amenities like a comfortable work place, healthy working hours, giving the employee enough physical and mental rest etc.
Being a country where our family is of first and foremost importance for us, an employer needs to keep in mind that having a child is a start to the chapter of family for almost all, hence, it is an utter necessity to provide reasonable amount of maternity as well as paternity leaves. We must not forget that for a vulnerable new mother and her newly born child, father is the most important person to be around. Also, the appropriate Government may, appoint inspectors for the purposes of this Act defining their jurisdiction limits.
No court inferior to that of a Metropolitan Magistrate or a Magistrate of the first class shall try any offence under this Act and no such complaint shall be filed after the expiry of one year from the date on which the offence is alleged to have been committed. Marriage among the Hindus was considered a sacramental union and it continued to be so throughout the entire Hindu period. The manu smriti says I hold your hand for saubhagya good luck that you may grow old with your husband, you are given It came into effect from 21st December, Prior to this Act only a male could be adopted, but th The Special Marriage Act was enacted to provide a special form of marriage by any person in India and all Indian nationals in foreign countries irrespective of the religion either party to the marriage may profess..
For the benefit of Indian citiz It consists of injunctions of Quran and has been further supplemented and modified by state Legislation and modern judicial precedents o Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat ex The Muslim law of succession has been derived from the rules found in the Quran.
There belonged to property of deceased, four successive duties to be performed by the Qazi:. Workers on paternity leave are paid their leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.
The paternity leave cannot be debited against the leave account. Paternity Leave cannot normally be refused under any circumstances. Similar provisions are applicable on the adoption of a child under the age of one year. A person employed under the scheme established through the Maharashtra Employment Guarantee Act, may be provided with a maximum of 14 day paid leave in case of sterilization operation or any other operation or treatment for birth control and family planning.
There was no provision for flexible work option for workers with minor children and other family responsibilities. However, under the Maternity Benefit Amendment Act , after completion of maternity leave, an employer may permit a woman to work from home, if the nature of work assigned permits her to do so. However, this must be mutually agreed between the parties. Unfortunately, there is no such provision for paternity leaves.
The Central Civil Services Leave Rules,, give a provision to male government employees to take paternity leaves 15 days before the birth or within six months of the birth of the baby. In contrast, other countries provide much better benefits to their employees. For instance, Finland allows seven months of leave to their employees, whether males or females.
In Sweden, both parents are entitled to a collective leave of days, divided amongst them. However, each parent has been earmarked 90 days of compulsory leave. The father's presence at childbirth makes him sensitive to the needs of the newborn baby and the mother. Such a realization makes him more helpful in household chores and more affectionate towards the baby. Paternity leaves help fathers take time out for their family and contribute to the needs on the home front.
Moreover, being a part of the child's formative years makes it easier for the child to develop a strong bond with both parents instead of just one. The child would also learn by example that caregiving is not a gender-based role but a shared responsibility. Even though the Indian Law is not too narrow, it still seems to originate from the thought that taking care of the child is primarily the mother's responsibility.
The limitation of the leave to single male parents reinforces the thought. It marks a father's role in child-rearing at the last resort. If paternity leaves applied to all men alike, it would mean that men can take pressure off their wives shoulders. The responsibility of putting childcare entirely on women pushes them to take longer leaves from work, and in worst cases, they have to quit working permanently.
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