This article has been written by Rajshree Soni, a 1st year BA.LLB student from Manipal University Jaipur.
INTRODUCTION
The concept of PATERNITY LEAVE has gained momentum in recent years, as many countries are adopting policies that enable fathers to take time off work to care for their newborn children. Paternity leave provides an opportunity for fathers to bond with their child and support their partner during the postnatal period. However, the availability of paternity leave and its duration vary widely across countries. In this legal research, we will focus on the topic of whether fathers have the right to take paternity leave.
Paternity Leave , in other words FAMILY LEAVE offers benefit to the employees which is available in almost every country .In many countries it has been provided to the employees in order to take care of their family members.
TYPES OF PATERNITY LEAVE
There are two types of Paternity leave :-
1.UNPAID PATERNITY LEAVE : it is basically offered when an employer is required to hold an employee’s job while that employee is taking leave.
2. PAID PATERNITY LEAVE : it offers paid time off work to make arrangements for the welfare of a child or dependent family member.
WHY IS IT DESIRABLE?
According to the research many fathers desire to play a crucial role in the life of their family.
For them their children are the top priority in their life and this is the reason for which it is the significant for the fathers to take paternity leave.
LEGALISATION
The right to paternity leave is enshrined in international human rights law. The International Covenant on Economic, Social and Cultural Rights recognizes the right to work and the right to just and favourable conditions of work. The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) also recognizes the right of both parents to leave from work to care for their children. The Convention on the Rights of the Child also acknowledges the importance of parental care and recognizes the right of the child to a family environment.
California was the first state to offer paid paternity and maternity leave. It enacted its PAID FAMILY LIFE INSURANCE PROGRAM in 2002. The program pays employees 60-70% of weekly wages earned five to 18 months before their coverage start date. Several other states either have or plan to provide paid leave for fathers.
In many countries, paternity leave is recognized as a legal right. For example, in the European Union, fathers are entitled to at least two weeks of paternity leave. In the United States, the Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid leave for the birth or adoption of a child. However, the FMLA only applies to employers with 50 or more employees, and it only covers employees who have worked for the employer for at least 12 months.
In the United Kingdom, fathers are entitled to two weeks of paternity leave. Additionally, fathers may be eligible for shared parental leave, which allows parents to share up to 50 weeks of leave and 37 weeks of pay. In Australia, fathers are entitled to two weeks of paid paternity leave. For Government employees in India, a maximum of 15 days paternity leave is allowed before or upto six months from the date of delivery of the child. There is no such mandate for private companies.
For Government employees in India, a maximum of 15 days paternity leave is allowed before or upto six months from the date of delivery of the child. There is no such mandate for private companies.
In India, all the proceeding regarding the sanctions of paternity leave is to be held before the Metropolitan Magistrate or a Magistrate of the first class. They have jurisdiction to try any offence under this Act. But courts lower to them do not have jurisdiction to proceed with the trial.
In the year 2009, in Chander Mohan jain v. N.K Bagrodia Public School , Chander mohan Jain, a private school teacher moved to the High Court of Delhi challenging the rejection of his paternity leave application and deduction of his salary by N K Bagrodia Public School for taking leave to take care of his wife and the newly born child. Despite there being no legislation, New Delhi High Court in this case held that all male employees of unaided recognised private schools were entitled to paternity leave. The court then directed the school to refund the deducted amount to Chander mohan Jain. Therefore, providing relief to private sector teachers.
OVERVIEW
The availability of paternity leave varies significantly across countries. While some countries recognize paternity leave as a legal right, others do not provide any entitlement. In some countries, paternity leave is only available to certain categories of employees or in specific circumstances, such as the birth of a child or adoption.
However, the trend in recent years has been towards recognizing the importance of fathers in the care of their children and providing them with the opportunity to take paternity leave. Research has shown that fathers who take paternity leave are more involved in their children’s lives, and this has positive effects on the child’s development.
Moreover, paternity leave also promotes gender equality in the workplace. By providing fathers with the opportunity to take time off work to care for their children, it helps to challenge traditional gender roles and promote a more equal sharing of caregiving responsibilities between men and women.
The PB Bill mandated that paternity leave of fifteen days (extendable up to three months) be granted to new fathers. The idea behind the PB Bill is to recognize that the role of a father as a contributor to child-rearing is of paramount importance, and to give new fathers the opportunity to bond with their children without compromising on their need to provide for their family.
CONCLUSION
In conclusion, the right of fathers to take paternity leave is recognized in international human rights law. While the availability of paternity leave varies across countries, the trend in recent years has been towards recognizing the importance of fathers in the care of their children and promoting gender equality in the workplace. The availability of paternity leave should be expanded to ensure that all fathers have the opportunity to take time off work to care for their children.
Granting paternity leave benefits not just fathers, but also the entire family, because it encourages the sense of shared parenting and improves the father and child bond. Laws should be created and modified inorder to sync with societal changes to bring positive changes in the society.
REFERENCES
1.International Covenant on Economic, Social and Cultural Rights, G.A. Res. 2200A (XXI), U.N. GAOR, 21st Sess., Supp. No. 16, at 49, U.N. Doc. A/6316 (1966).
2.Convention on the Elimination of All Forms of Discrimination Against Women, G.A. Res. 34/180, U.N. GAOR, 34th Sess., Supp. No. 46, at 193, U.N. Doc. A/34/46 (1980).
3.Convention on the Rights of the Child, G.A. Res. 44/25, U.N. GAOR, 44th Sess., Supp. No. 49, at 167, U.N. Doc. A/44/49 (1989).
4.European Commission. “Parental Leave”. https://ec.europa.eu/social/main.jsp?catId=706&langId=en
5.U.S. Department of Labour. “Family and Medical Leave Act (FMLA)”. https://www.dol.gov/agencies/whd/fmla
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