Paternity Leave in India — What the Law Says, What Companies Offer, and What's Changing

In late March 2026, AAP Rajya Sabha MP Raghav Chadha stood up in Parliament and said something surprisingly simple: "A father should not have to choose between caring for his newborn and keeping his job."

The speech went viral. His wife, actor Parineeti Chopra, publicly thanked him. And suddenly, paternity leave — long ignored in Indian labor policy — became a national conversation.

If you're an employer, this is a good moment to revisit your own paternity leave policy. Here's everything you need to know.

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What Raghav Chadha Said in Parliament

Speaking in the Rajya Sabha, Chadha called for a legal framework for mandatory paternity leave for private sector employees. His core arguments:

• Caregiving is not just the mother's job. Both parents are celebrated at the birth of a child — but only the mother has legal protection. That's a societal failure enforced by law.
• The first weeks are critical. Childbirth is physically and emotionally demanding. A husband's presence during recovery is "not a luxury but a necessity."
• 90% of India's workforce has no protection. Only Central government employees are entitled to paternity leave (15 days). The private sector — which employs the vast majority of Indians — has no mandatory requirement.
• India is falling behind globally. Sweden offers up to 90 days of paternity leave. Iceland and Japan offer even more. India offers nothing by law for private employees.

The speech triggered debate across party lines and reignited calls for an amendment to the Maternity Benefit Act or a standalone Paternity Benefit Bill.

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What the Law Currently Says

Here's the honest answer: there is no central law mandating paternity leave for private sector employees in India.

The Maternity Benefit Act, 1961 — India's primary legislation on parental leave — covers only maternity. There is no equivalent central law for paternity. Several private member bills have been introduced over the years, but none have passed.

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What Progressive Companies Actually Offer

In the absence of a legal mandate, Indian companies — especially in tech and startups — have introduced their own paternity leave policies. Here's what the market looks like:

Zomato's 26-week policy made headlines a few years ago and remains one of the most generous in India. But for most SMBs, paternity leave is still an afterthought — often 3–5 days with no formal policy document.

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Why Employers Should Care (Beyond Compliance)

Even without a legal mandate, there are strong business reasons to offer meaningful paternity leave:

1. Talent attraction and retention Younger employees — especially those in the 25–35 age group starting families — increasingly evaluate leave policies before joining. A generous paternity policy is a low-cost differentiator in hiring.

2. Gender equity at work When only women take extended parental leave, they bear a career penalty for it. When men also take leave, the caregiving burden is shared and the "career gap" stigma reduces for women. Companies that care about gender parity on their leadership teams start here.

3. Reduced attrition Employees who feel supported during major life events are more loyal. The cost of replacing a mid-level employee is typically 50–150% of their annual salary. A 2-week paternity leave costs a fraction of that.

4. Culture signal Leave policies signal what a company actually values — not just what it says in its mission statement. A 3-day paternity policy in 2026 tells prospective employees a lot.

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What Should Your Paternity Leave Policy Look Like?

There's no one-size-fits-all, but here's a reasonable benchmark for Indian companies in 2026:

Key things to define in your policy document:

• Does it apply to biological births only, or also adoption and surrogacy?
• Is it available for subsequent children?
• Can it be split across multiple weeks or must it be taken continuously?
• What notice period is required?

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A Simple Paternity Leave Policy Template

Copy and adapt for your organization:

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PATERNITY LEAVE POLICY — [COMPANY NAME] Effective Date: [Date] | Version: 1.0

Entitlement: All confirmed employees (male or equivalent parent) are entitled to 10 working days of fully paid paternity leave per child.

Eligibility:

• Applicable from date of joining (no minimum tenure required)
• Covers biological birth, adoption, and surrogacy

When to take:

• Must be availed within 3 months of the child's birth or adoption date
• Can be taken in one continuous block or split into a maximum of 2 parts

Pay: Full base salary during leave. Variable pay and bonuses are unaffected.

Notice: Inform your manager and HR at least 1 week in advance where possible (exceptions for premature births or emergencies).

Applies to: Up to 2 children.

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What Happens Next — Will the Law Change?

Raghav Chadha's speech is the latest in a series of calls for reform, but private member bills in India rarely become law without government backing. The current political climate doesn't suggest imminent legislation.

That said, the direction is clear. As more companies voluntarily adopt strong paternity policies, the floor will rise — and legislation, when it comes, will likely codify what progressive companies are already doing.

Our recommendation: don't wait for the law. Review your paternity leave policy now. If you don't have one written down, write one today.

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The Bottom Line

Raghav Chadha is right that the law needs to catch up. But as an employer, you don't have to wait. The companies that treat paternity leave seriously today will have a meaningful edge in hiring and retention tomorrow.