Paternity Leave Rules for Government Employees – Complete Guide (Rule 43-A & 43-AA)

Rule 43-A – Paternity Leave

Paternity Leave is a special kind of leave granted to male Government servants to enable them to be with their spouse and newborn child at the critical time of childbirth. This recognizes the father’s role in providing care and emotional support to the family.

1. Eligibility

• Applicable to male Government servants, including apprentices.
• Condition: The employee must have less than two surviving children at the time of applying for leave.
• This limit ensures that the benefit is provided only up to the second childbirth.

2. Duration and Timing

• A total of 15 days’ leave can be availed.
• The leave can be taken:
  • Up to 15 days before the delivery, or
  • Within 6 months from the date of delivery.
• Once the 6-month window passes, the leave lapses.

3. Leave Salary

• During paternity leave, the employee is entitled to full leave salary, i.e., equal to the pay last drawn before proceeding on leave.
• This ensures no financial loss during the short absence.

4. Combination with Other Leave

• Paternity Leave can be combined with any other kind of leave (earned leave, commuted leave, etc.).
• For example, if the father wants to take longer time off, he can combine his 15 days paternity leave with earned leave.

5. Not Debited to Leave Account

• These 15 days are over and above the normal leave entitlement.
• They are not deducted from earned leave, half-pay leave, or any other leave account.

6. Lapse of Leave

• If not availed within the specified period (before or within 6 months after childbirth), the leave automatically lapses.
• There is no provision to carry forward or encash it.

7. Surrogacy Case (2024 Amendment)

• In case of surrogacy, the commissioning father (the intending father of the child) who is a Government servant with less than two surviving children, is also eligible.
• He can avail 15 days Paternity Leave within 6 months from the child’s birth through surrogacy.

8. Refusal of Leave

• Rule makes it clear: Paternity Leave shall not normally be refused under any circumstances.
• This ensures fathers are not deprived of this right by administrative hurdles.

Illustration – Paternity Leave

• Example 1: Mr. A, a Government employee with one child, applies for paternity leave on the birth of his second child.
  • He may take 15 days leave either a week before the delivery or any time within 6 months after the child’s birth.
  • He will receive his full pay during this leave.
• Example 2 (Surrogacy): Mr. B, a Government servant, has his first child through surrogacy in June 2024. He applies for paternity leave in August 2024.
  • He is entitled to 15 days leave, since he has less than two surviving children, and he is within 6 months of the child’s birth.

📌 Notifications:

• DoPT Notification No. 13026/1/99-Estt. (L), dated 18.04.2002
• DoPT Notification No. A-24011/21/2023-ESTT-Leave, dated 18.06.2024

Rule 43-AA – Paternity Leave for Child Adoption

Recognizing adoption as equal to natural parenthood, Rule 43-AA provides paternity leave to male Government servants who adopt a child. This ensures that adoptive fathers also get time to bond with and care for their newly adopted child.

1. Eligibility

• Male Government servants (including apprentices).
• Must have less than two surviving children.
• Applies in cases of:
  • Pre-adoption foster care, or
  • Valid adoption of a child below 1 year of age.

2. Duration and Timing

• 15 days leave.
• To be availed within 6 months from the date of:
  • Accepting the child in foster care, or
  • Valid adoption of the child.

3. Special Condition (Foster Care)

• If foster care does not lead to valid adoption, the paternity leave already availed will be debited to other kinds of leave available in the employee’s account (e.g., EL, HPL).
• This prevents misuse of leave without adoption.

4. Leave Salary

• Full pay = last pay drawn immediately before leave.

5. Combination with Other Leave

• Paternity leave can be combined with other kinds of leave.
• Example: A father may combine 15 days paternity leave with 20 days earned leave for better adjustment after adoption.

6. Not Debited to Leave Account

• As with normal paternity leave, these 15 days are special and do not reduce the employee’s leave balance.

7. Lapse of Leave

• Must be availed within 6 months of adoption/foster care.
• If not taken, it lapses automatically.

8. Definition of “Child”

• For the purpose of this rule, “child” includes not only a legally adopted child but also a ward taken under:
  • The Guardians and Wards Act, 1890, or
  • The personal law applicable to the Government servant.
• Conditions:
  • The ward must live with the Government servant.
  • The ward must be treated as a member of the family.
  • The Government servant must have given the ward the status of a natural child through a special will.

9. Refusal of Leave

• Paternity Leave for adoption shall not normally be refused under any circumstances.

Illustration – Adoption Leave

• Example 1: Mr. C, a Government employee with one child, adopts a 6-month-old baby in March 2025.
  • He is entitled to 15 days paid paternity leave any time before September 2025.
• Example 2 (Foster Care not followed by Adoption): Mr. D takes a child in foster care in January 2025 and avails 15 days paternity leave. Later, adoption does not go through.
  • In this case, his 15 days leave will be adjusted against other leave in his credit, such as earned leave.

📌 Notifications:

• DoPT Notification No. 11012/1/2009-Estt. (L), dated 01.12.2009
• DoPT Notification No. 13026/5/2011-Estt. (L), dated 04.04.2012

Comparison Table: Paternity Leave vs. Adoption Paternity Leave