Unfortunately in India no paternity leave laws have yet been enacted. However a central government employee gets 15 days of paternity leave. The central government in 1999, by notification under Central Civil Services (Leave) Rule 551(A) made the provisions for the same. While government employees can avail the leave, no such law exists that mandates private sector to provide paternity leave to the employees. Some multinational companies like Microsoft, Starbucks, Facebook and TCS have taken steps towards implementing paternity leave.
LANDMARK CASE- CHANDER MOHAN JAIN V. N.K BAGRODIA PUBLIC SCHOOL
In the year 2009, Chander Mohan Jain moved to the High Court of Delhi challenging the rejection of his paternity leave application and salary deduction by N.K Bagdoria Public School. The High court held that all male employees of unaided private schools were entitled to paternity leave. The school was ordered to refund the deducted amount to the plaintiff.