Sikkim Chief Minister Prem Singh Tamang said on Wednesday that his government will give 12 months maternity leave and 1 month paternity leave to its employees. Addressing the annual general meeting of the Sikkim State Civil Service Officers’ Association (SSSCOA) here, he said changes would be made in the service rules to benefit the employees.

Chief Minister Prem Singh Tamang said that the maternity and paternity benefits would help government employees to take better care of their children and families. He said that the notification of its detailed details will be issued soon. This decision of the state government has come in order to provide a worry-free working environment to the employees.

As per the Maternity Benefit Act 1961, a working woman is entitled to paid maternity leave of 6 months or 26 weeks. But, the Sikkim government has increased the number of this holiday to 12 months. Along with this, the number of paternity leave has been increased to 1 month. During these holidays, the employee will be paid the same salary as before.

The Chief Minister of Sikkim, which has the lowest population of about 6.32 lakhs in India, said that officers are the backbone of the state administration, who contribute significantly to the growth and development of Sikkim and its people. He said that significant attention has been paid to streamlining the promotion process for civil service officers, which has led to an increase in the number of promotions.

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Till now you must have heard only about the maternity leave given to women employees by government or private companies. This leave is for 26 weeks i.e. about 6 months. But now men who become fathers will also get three months leave and it has been kept in the category of paternity leave.

This initiative started by an Indian company which has been in demand for a long time in India is commendable. Till now there is a provision for men to get such leave in different countries. In India too, there is a demand on this for a long time. Now the country’s company Pfizer India has started this initiative. It is being seen as an example in this industry. On behalf of Pfizer India, it has been announced to implement Paternity Leave Policy for the male employees working here.

Maximum 6 weeks leave at a time

Pfizer India’s management has implemented a 12-week paternity leave policy for male employees. In this policy, a man who becomes a father can take advantage of these holidays anytime within two years from the date of birth of the child. Those applying for paternity leave will be able to get leave for at least two weeks and maximum 6 weeks at a time. That is, you cannot apply for three months leave at one go.

The new policy has been made effective from January 1, 2023 by the company. Apart from the biological dad, the adoptive father will also be able to take advantage of this policy of the company. The employees of the company will also be able to take casual leave, elective leave and wellness leave etc. in case of any other need or problem.

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A male Government servant (including an apprentice) with less than two surviving children, may be granted Paternity Leave by an authority competent to grant leave for a period of 15 days, during the up to 15 days before, or up to six months from the date of delivery of the child.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity Leave may be combined with leave of any other kind.

The paternity leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period such leave shall be treated as lapsed.

NOTE:- The Paternity Leave shall not normally be refused under any circumstances.

Paternity Leave for Child Adoption:-

A male Government servant (including an apprentice) with less than two surviving children, on valid adoption of a child below the age of one year may be granted Paternity Leave for a period of 15 days within a period of six months from the date of valid adoption.

During such period of 15 days, he shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. The paternity leave may be combined with leave of any other kind.

The Paternity Leave shall not be debited against the leave account. If Paternity leave is not availed of within the period specified in sub-rule (1) such leave shall be treated as lapsed.

Note:- “Child” for the purpose of this rule will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child.

Source:- CENTRAL CIVIL SERVICES (LEAVE) RULES, 1972 4[43-A,5[43-AA.

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Earned Leave

This is a paid leave earned by employees during a year and availed in the subsequent year. If the number of earned leave is over, the day is considered as an unpaid leave and the day’s pay is cut from the salary. These leaves can also be en-cashed while leaving the company. The following are number of earned leaves according to laws:x

• Factory workers need to work minimum 240 days in the organization in a year to be eligible for earned leave. Adults get 1 day for every 20 days, and children, below the age of 15, get 1 day for every 15 days work in the previous year.
• Mine workers below the ground can avail 1 day for every 15 days work; and those working above the ground can avail 1 day for every 20 days work.
• Workers in a Bidi or Cigar factory get 1 day leave for every 20 days work in the previous year. If the worker is a child of below age 15, he gets 1 day off for every 15 days of work.
• People working in sales, and newspaper running company (which includes journalists) can avail one month earned leave for every 11 months of work.
• Domestic workers are also eligible for 15 days earned leave in a year.

Casual Leave

This is another paid leave that although not earned, is entitled to employees only if prior permission is granted by the organization. If the employer does not grant permission and the employee nevertheless takes a leave, the day’s pay is cut from the salary. Usually every organization allows a certain number of casual leaves in a year, which is fixed by the company’s administration. Although, there is laws for certain types of workers:

• Sales and newspaper employees (including journalists) are entitled 15 days of casual leave in a year
• Apprentices are entitled annually 12 days casual leave

Sick/Medical Leave

Employers provide sick leaves to employees when they are ailing. Some organizations ask for a medical certificate to grant sick leave. Others don’t deem in necessary. If the employee has used up all his sick leaves, the company uses his earned leaves. Sick leaves can also be carried forward to the next year. The specifications are although determined by the company’s administration. Laws governing sick leaves for different types of employees are:

• Apprentices are entitled for 15 days of sick leave in a year. This can be accumulated to a maximum of 40 days.
• Journalists and Newspaper employees can avail medical leave of one month for every 18 months of work. During the medical leave, the employees are paid half the day’s pay.
• Sales employees are entitled to medical leave similar to that of newspaper employees. They although mandatorily need to show a medical certificate for their absence.

Maternity Leave

Female employees, as per law, are entitled to 3 months or 12 weeks of leave when she is pregnant. During this time, employers will have to pay their female employees normally.

Paternity Leave

Male employees who are soon to become fathers can avail upto 15 days of leave within 6 months of their wife’s date of delivery.
Apart from these, there are others paid, unpaid or half-paid leaves like Study Leave, Bereavement Leave and Leave for Voting. These although are left at the organization’s discretion.

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