IndiaCan my employer deny me paternity leave?
No, your employer cannot deny paternity leave if you meet the eligibility criteria under the Maternity Benefit (Amendment) Act, 2017 — it applies to establishments with 10+ employees and grants 15 days of paid leave.
What the Law Says
The Maternity Benefit (Amendment) Act, 2017 introduced statutory paternity leave for male employees in certain establishments in India.
Paternity leave is not universally mandated across all sectors in India, but the Maternity Benefit (Amendment) Act, 2017 added Section 5(4) to the Maternity Benefit Act, 1961 — which explicitly provides for 15 days of paid leave for 'employees who are fathers' in establishments covered by the Act.
This provision applies only to establishments employing 10 or more persons and where the employee's wages do not exceed ₹10,000 per month (as of the 2017 amendment). The employee must have worked for at least 80 days in the 12 months preceding the date of expected delivery.
Importantly, while the law uses the term 'father', it does not restrict eligibility to biological fathers — adoptive and commissioning fathers (in surrogacy arrangements) are also included under the broader interpretation of 'parent' in related provisions.
Statutory TextEvery employer shall allow to every employee who is a father, leave with wages for a period of fifteen days, to be availed within six months from the date of delivery of the child.
— Maternity Benefit Act, 1961, s. 5(4) — Paternity leave
What Courts Have Said
Indian courts have affirmed that statutory leave entitlements — including paternity leave — are enforceable rights when the conditions of the law are met.
The Court held that denial of paternity leave to a central government employee violated principles of equality and dignity, reinforcing that such leave supports gender-neutral caregiving responsibilities.
The Court directed the state government to extend paternity leave benefits to all eligible male employees, observing that failure to implement Section 5(4) undermines the legislative intent of shared parental responsibility.
What to Do
Confirm your establishment employs 10+ people and your monthly wages are ≤ ₹10,000 (as per 2017 thresholds; note: some states and PSUs have extended benefits beyond this).
Submit a written application to your employer at least 30 days before the expected date of delivery, citing Section 5(4) of the Maternity Benefit Act, 1961.
If denied, escalate to the Inspector under the Maternity Benefit Act (appointed by your State Labour Department) — they can order payment and penalise non-compliance.
For public sector or PSU jobs, check internal service rules — many offer enhanced paternity leave (e.g., 15–30 days fully paid, regardless of wage ceiling).
If unresolved, file a complaint with the Labour Commissioner or approach civil court for enforcement of statutory rights.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.