Guwahati, Assam: Male government employees in Assam will now be eligible for up to 14 days of paid paternity leave in connection with childbirth, adoption and surrogacy, following amendments introduced by the state government.
The Assam Finance Department has revised the Fundamental Rules and Subsidiary Rules through a notification issued under the proviso to Article 309 of the Constitution. The amendment formally incorporates provisions governing paternity leave for eligible male government servants.
Under the new provisions, a male government employee who has fewer than two surviving children can be granted 14 days of paternity leave when his wife gives birth. The provision also covers eligible apprentices and temporary employees. The leave can be taken as early as 14 days before the expected delivery or within six months from the date of childbirth.
During the leave period, the employee will receive salary equivalent to the pay he was drawing immediately before going on leave. The paternity leave will not be deducted from the employee’s regular leave account and can be combined with other admissible leave. However, it can only be taken in one spell.
Employees who already have two surviving biological or legally adopted children at the time of applying will not qualify for the benefit. The entitlement will also expire if the leave is not used within the prescribed six-month period.
The amended rules cover cases of multiple births, including twins. They also provide paternity leave to a male government employee who becomes a commissioning father through surrogacy. In such cases, the employee can avail of 14 days of leave within six months of the child’s delivery.
The benefit has also been extended to certain adoption-related situations. A male employee with fewer than two surviving children can take two weeks of paternity leave within six months of receiving a child into pre-adoption foster care or legally adopting a child below one year of age.
For adoption leave, employees will be required to provide documents establishing the validity of the adoption and confirming completion of the required legal procedures. The adoption must be recognised by the Central Adoption Resource Authority (CARA), State Adoption Resource Agency (SARA) or another authorised agency.
The notification further clarifies that the paternity leave provision applies to eligible married, unmarried, widowed and divorced male government employees. The leave is intended to enable employees to support their spouse and family during childbirth and the early period of childcare. Leave Travel Concession (LTC), however, will not be admissible during paternity leave.
The amended rules will take effect from the date they are published in the Official Gazette.
