Process of Paternity Leave in India – Will you get that?

Are you going to be a father soon? It is a transcendental experience and at the beginning, you will have to deal with some procedures (such as paternity leave ) that are somewhat cumbersome. To make your task easier, we explain in detail how paternity leave works and how to go about it. The duration of paternity leave for fathers in India is 15 days & for mothers, it's about 6 to 8 Weeks.

Let's cover all the facts & doubts regarding paternity leave in India.

What is Paternity leave and how long does it last?

It is a subsidy that is given to workers who suspend the employment contract or cease their activity, during the legally established days, due to the birth of a child, or adoption.

The first four weeks of leave must be enjoyed uninterruptedly after childbirth. The remaining weeks can be of interrupted enjoyment and exercise from the end of the mandatory post-partum rest until the son or daughter is 12 months old. This leave paid 100%, will be non-transferable, so if the father does not enjoy it, he will not be able to transfer it to the mother.

It can be enjoyed on a full or part-time basis for a minimum of 50%, prior agreement with the employer and is compatible and independent of the shared enjoyment of maternity rest periods. According to the latest data available, 89% of fathers take the permit immediately after the birth, all followed up simultaneously with the mother.

Are there more days for paternity leave in case of multiple births?

Yes. The duration will be extended in the event of multiple childbirth, adoption, foster care, or custody by two more weeks for each child from the second. The last week of the rest period may be enjoyed independently at another time within the 12 months following the date of the child's birth.

Who can request paternity leave? Is there a minimum contribution period?

Workers are included in the general regime and in the special Social Security regimes, whatever their sex. The paternity benefit is independent of that of the mother and is compatible with the shared enjoyment of the maternity benefit, provided it is transferred by the mother.

In the event of childbirth, the suspension corresponds exclusively to the other parent. In cases of adoption or foster care, the suspension will correspond to only one of the parents, at the choice of the interested parties; however, when the maternity leave is fully enjoyed by one of the parents, the right to paternity leave may only be exercised by the other.

When there is only one parent or adopter, the paternity period cannot be combined with the maternity period. The minimum contribution period required is 180 days within the 7 years immediately prior to the start date of the suspension or, alternatively, 360 days throughout the working life prior to said date.

Are there limitations regarding paternity leave?

In order to generate the right to the benefit, it is required that the adopted or fostered be under 6 years of age. However, those over 6 years of age but under 18 with disabilities or who, due to their circumstances and personal experiences or because they come from abroad, have special difficulties in social and family integration, duly accredited by the competent social services, also generate the right.

It is understood that the adopted or fostered is affected by a disability when it is accredited in a degree equal to or greater than 33%.

When can paternity leave be taken?

This leave does not have to be linked to the birth leave, you can enjoy it within the 16-week period of maternity leave, or after it.

What salary is received during paternity leave?

The 100%. Including all the concepts of the regulatory base, normally included in all the complements assigned in the payroll. The Supreme Court has determined that amounts received during maternity or paternity leave are exempt from personal income tax.

The measure has retroactive effects, so it is possible to claim the overpayment since 2014. Taxpayers who included the maternity or paternity benefit in their personal income tax returns for 2014, 2015, 2016 or 2017 can claim a refund from the Treasury for improper withholdings.

What documentation must be presented to Social Security?

The paternity report from the health service, the permit application sent to the company, and the official model of the paternity application. The procedures must be done with enough time so as not to cause problems for the company in which you work.

At the time of processing, it is also necessary to bring the latest payslip, a photocopy of the DNI, an updated family book, and a receipt from the bank in which the remuneration must be paid. The collection will occur after the second week of the month following the generation of the right.

Do large families have special treatment?

Since January 1, 2017, paternity leave for any type of family has been equalized regardless of whether they are large or not, or whether they have disabled people among them.

What effect does the change in the paternity leave law have on civil servants?

Currently, maternity leave contemplates six mandatory and non-transferable weeks for the mother compared to those of the father, voluntary but non-transferable. There are another 10 weeks that are interchangeable and that parents assume in less than 2% of cases.

Is there any particularity for the self-employed?

No. As for other workers, the paternity benefit is equivalent to 100% of the regulatory base, which in the case of self-employed workers generally corresponds to the minimum contribution base. It is essential to be up to date with the payment of contributions.