Dear all,
I am working with a private organization. I want to know any employee of private company can avail paternity leave as per THE ALL INDIA SERVICES (LEAVE) RULES, 1955. This rule is not mentioned anywhere in our companies leave rules and no body has ever taken this.So Please help me out that whether this rule is compulsory for all companies of private sector also.
Does SERVICES (LEAVE) RULES,1955 has been amended recently, and if yes then whether we can avail paternity leave. This rule is not mentioned anywhere in our companies leave policy.
Is this paternity leave rule is voluntary only or compulsory for all companies.
Please Suggest.
Abhay Sohoni
From India, Satara
1I am working with a private organization. I want to know any employee of private company can avail paternity leave as per THE ALL INDIA SERVICES (LEAVE) RULES, 1955. This rule is not mentioned anywhere in our companies leave rules and no body has ever taken this.So Please help me out that whether this rule is compulsory for all companies of private sector also.
Does SERVICES (LEAVE) RULES,1955 has been amended recently, and if yes then whether we can avail paternity leave. This rule is not mentioned anywhere in our companies leave policy.
Is this paternity leave rule is voluntary only or compulsory for all companies.
Please Suggest.
Abhay Sohoni
From India, Satara
HI,
while it is not compulsory, however to be considered as an employer of choice it is recommended. and lets face it there are organizations who do provide it. Like mine does...we started it last year and made it applicable for male employees;
1. who had an issue within 6 months and can avail 5 days leave
2. like in case of maternity, the act does not state that the female employee should be married, similarly, and un married male employee could also avail the leave, but on producing the birth certificate which states his name as the father
regards,
From India, Chandigarh
while it is not compulsory, however to be considered as an employer of choice it is recommended. and lets face it there are organizations who do provide it. Like mine does...we started it last year and made it applicable for male employees;
1. who had an issue within 6 months and can avail 5 days leave
2. like in case of maternity, the act does not state that the female employee should be married, similarly, and un married male employee could also avail the leave, but on producing the birth certificate which states his name as the father
regards,
From India, Chandigarh
Dear Abhay, THE ALL INDIA SERVICES (LEAVE) RULES, 1955; as referred by you; is applicable only to Central Govt. servants; and is not applicable to Private sector employees. Warm regards.
From India, Delhi
From India, Delhi
Hi Abhay,
What Raj Kumar has stated is largely correct. However, this rule is not applicable to all Central Government employees. For example, Indian Audit Services and Indian Revenue Services are Central Government employees, but the Leave Rules don't apply to them.
The recital of the "All India Service (Leave) Rules (1955)" states that the rules have been drawn up under authority conferred by Sub Section (1) of Section 3 of the All India Services Act, 1951.
A look at the All India Services Act, 1951 provides the necessary clarification: The Act states that "the expression 'an All India Service' means the service
known as the Indian Administrative Service (IAS) or the service known as the Indian Police Service (IPS)".
This Act was amended in 1963 to include the following:
1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads);
2. The Indian Forest Service;
3. The Indian Medical and Health Service.
Very clearly, there is no benefit that you as a Private Sector employee can get from these rules.
Individual organisations decide whether or not they would like to extend the facility of Paternity Leave. There is no legal requirement in regards to granting Paternity Leave to anyone.
Regards
R Bhatnagar
From India, Bangalore
What Raj Kumar has stated is largely correct. However, this rule is not applicable to all Central Government employees. For example, Indian Audit Services and Indian Revenue Services are Central Government employees, but the Leave Rules don't apply to them.
The recital of the "All India Service (Leave) Rules (1955)" states that the rules have been drawn up under authority conferred by Sub Section (1) of Section 3 of the All India Services Act, 1951.
A look at the All India Services Act, 1951 provides the necessary clarification: The Act states that "the expression 'an All India Service' means the service
known as the Indian Administrative Service (IAS) or the service known as the Indian Police Service (IPS)".
This Act was amended in 1963 to include the following:
1. The Indian Service of Engineers (Irrigation, Power, Buildings and Roads);
2. The Indian Forest Service;
3. The Indian Medical and Health Service.
Very clearly, there is no benefit that you as a Private Sector employee can get from these rules.
Individual organisations decide whether or not they would like to extend the facility of Paternity Leave. There is no legal requirement in regards to granting Paternity Leave to anyone.
Regards
R Bhatnagar
From India, Bangalore
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Paternity Leave.doc
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