Staff Reporter
GUWAHATI: The Assam Government has formally introduced provisions for paternity leave for male government employees, allowing eligible employees to avail up to two weeks of paid leave around childbirth, adoption and surrogacy.
The Finance Department, through a notification issued under the proviso to Article 309 of the Constitution, amended the Fundamental Rules and Subsidiary Rules to incorporate provisions relating to paternity leave.
Under the new rules, a male government employee, including an apprentice or temporary employee, with fewer than two surviving children, may be granted paternity leave for 14 days during the "confinement" of his wife for childbirth. The leave can be taken up to 14 days before delivery or within six months of the delivery date.
The employee will receive leave salary equal to the pay drawn immediately before proceeding on leave. Paternity leave will not be debited from the employee's leave account and may be combined with other admissible leave. However, it cannot be availed in more than one spell.
The rules specify that paternity leave will not be available to a male employee who already has two surviving biological or legally adopted children at the time of applying for the leave. If the leave is not availed within the prescribed period, it will lapse.
The notification also extends the provision to cases involving twins or multiple births, while a male government employee who becomes a commissioning father through surrogacy may avail two weeks of paternity leave within six months of the child's delivery.
In another significant provision, male government employees with fewer than two surviving children may also be granted two weeks of paternity leave within six months of accepting a child in pre-adoption foster care or legally adopting a child below one year of age.
For adoption-related leave, employees will have to produce documents confirming valid adoption and completion of the required legal procedures, with the adoption recognised by the Central Adoption Resource Authority (CARA), State Adoption Resource Agency (SARA) or another recognised agency.
The rules clarify that paternity leave is available to married, unmarried, widowed and divorced male government servants. It is intended to support the spouse during childbirth, and, accordingly, Leave Travel Concession (LTC) will not be admissible during paternity leave.
The amended provisions will come into force from the date of publication of the notification in the Official Gazette.
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