A Bill to provide for parent care leave to enable employees to attend to the medical, health and wellbeing needs of their aged parents, and for matters connected therewith or incidental thereto. - THE GAZETTE OF INDIA EXTRAORDINARY [Part II— XVIII Bill No. XXV of 2026

 

142 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
XVIII Bill No. XXV of 2026
A Bill to provide for parent care leave to enable employees to attend to the medical, health and wellbeing needs of their aged parents, and for matters connected therewith or
incidental thereto.
BE it enacted by Parliament in the Seventy-seventh Year of the Republic of
India as follows:—
1. (1) This Act may be called the Sacred Bond (Parent Care Leave) Act, 2026.
(2) It shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint.
Short title and commencement.
Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 143
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “appropriate Government” means—
(i) in relation to an establishment which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly—
(A) by the Central Government or the Union territory administration, the Central Government;
(B) by the State Government, the State Government;
(ii) in relation to any establishment not covered under subclause
(i) and falling within its territory, the State Government;
(b) "employee" means a person employed in any establishment for any work on regular, temporary or contractual basis, either directly or through an agent, including a contractor, with or, without
the knowledge of the principal employer, and includes a contract worker, probationer, trainee, apprentice or called by any other such name;
(c) “employer” means—
(i) in relation to any department, organisation, undertaking, enterprise, institution, office, branch or unit of the appropriate Government or a local authority, the head of that department, organisation, undertaking, enterprise, institution, office, branch or unit or such other officer as the appropriate Government or
the local authority, as the case may be, may by an order specify in this behalf;
(ii) in any establishment not covered under sub-clause (i), any person responsible for the management, supervision and control of the establishment.
Explanation.— For the purposes of this sub-clause
“management” includes the person or board or committee
responsible for formulation and administration of polices for
such organisation;
(iii) in relation to the establishment covered under subclauses
(i) and (ii), the person discharging contractual
obligations with respect to his employees;
(d) “establishment” includes—
(i) any department, organisation, undertaking, enterprise,
institution, office, branch or unit which is established, owned,
controlled or wholly or substantially financed by funds provided
directly or indirectly by the appropriate Government or the local
authority or a Government company or a corporation or a cooperative
society;
(ii) any private sector organisation or a private venture,
undertaking, enterprise, institution, society, trust, nongovernmental
organisation, unit, service provider or a person
carrying on commercial, professional, vocational, educational,
entertainmental, industrial, health services or financial activities
including production, supply, sale, distribution or service and
employing ten or more employees;
(e) "parent" means a biological, step, adoptive, or foster parent,
or a parent-in-law of the employee, who has attained the age of sixty
years;
(f) "parent care leave" means leave granted under section 3; and
(g) "prescribed" means prescribed by rules made under this Act.
144 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
3. (1) Every employee shall be entitled, during the entire period of service, to
parent care leave not exceeding forty-five days in aggregate, for attending to
the medical, health and wellbeing needs of his parent.
(2) The leave under sub-section (1) may be availed in one continuous stretch
or in multiple spells, subject to the prior approval of the employer or in such
manner as may be prescribed.
(3) Parent care leave shall—
(a) be granted with full pay and allowances as admissible to the
employee; and
(b) not be debited against any other leave account.
(4) The entitlement under this section shall be a one-time or aggregate
entitlement during the entire period of service and shall not be encashable.
4. (1) An employee seeking parent care leave shall make an application to the
employer in such form and manner as may be prescribed and shall furnish
such documents as may be prescribed, including medical certificate and
hospital admission records, evidencing the need for such leave.
(2) In case of emergency, an employee may proceed on parent care leave
without prior sanction, subject to submission of prescribed documents
within seven working days from the commencement of such leave.
(3) The employer shall, as far as practicable, dispose of the application
within forty-eight hours of its receipt:
Provided that where leave is refused on account of exigencies of
service, the reasons for such refusal shall be recorded in writing and
communicated to the employee.
5. No employee shall suffer any adverse consequence in service, including
denial of promotion, increment, posting, transfer or other career
progression, solely on the ground of having availed parent care leave under
this Act.
6. (1) Any employer who, without sufficient cause, denies parent care leave to
an eligible employee or subjects an employee to adverse action for availing
such leave, shall be liable toa penalty, which shall not be less than fifty
thousand rupees, but which may extend to two lakh rupees.
(2) Any employee who knowingly submits false or fabricated documents for
the purpose of availing parent care leave shall be liable to disciplinary
action in accordance with the applicable service rules, and may also be
required to refund the salary and allowances drawn during such leave.
7. (1) Any employee aggrieved by denial of parent care leave or by
discrimination under section 5 may prefer a complaint in accordance with
this section.
(2) In the case of employees in Government service, the complaint shall be
dealt with in accordance with the applicable service rules and regulations.
(3) In the case of employees in the private sector, the complaint shall be
filed before the Labour Commissioner or such other authority as may be
notified by the appropriate Government, who shall enquire into the
complaint and pass appropriate orders within sixty days from the date of
receipt.
Entitlement to
parent care
leave.
Application and
documentation.
Protection
against
discrimination.
Penalty for noncompliance.
Grievance
redressal.
Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 145
Power to
make rules.
Act not in
derogation of
any other law.
Power to
remove
difficulties
8. (1) The appropriate Government may, by notification in the Official
Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for—
(a) procedure for availing parent care leave under sub-section
(2) of section 3;
(b) the form and manner of application and documentary
requirements for parent care leave under sub-section (1) of section 4;
(c) the authority before whom complaints may be filed under
sub-section (3) of section 7; and
(d) any other matter which is required to be, or may be,
prescribed.
(3) Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may be; so,
however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
(4) Every rule made by the State Government under this Act shall be laid, as
soon as may be after it is made, before each House of the State Legislature
where it consists of two Houses, or where such Legislature consists of one
House, before that House.
9. The provisions of this Act shall be in addition to, and not in derogation of,
any other leave entitlement available under any other law or service rules
for the time being in force.
10. (1) If any difficulty arises in giving effect to the provisions of this Act, the
Central Government may, by order published in the Official Gazette, make
such provisions, not inconsistent with the provisions of this Act, as may
appear to it to be necessary or expedient for removing such difficulty.
(2) Every order made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament.
146 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
STATEMENT OF OBJECTS AND REASONS
India stands at the threshold of a profound demographic transformation. The
nation's population structure is rapidly ageing, presenting both unprecedented
challenges and moral imperatives that demand immediate legislative intervention.
According to the Census of India 2011, there were 10.38 crore persons aged 60
years and above, constituting 8.6 per cent of the total population. The Longitudinal
Ageing Study in India (LASI) Wave-1 (2017-18) revealed that this number had
already risen to approximately 13.8 crore elderly persons. The United Nations
Population Fund (UNFPA) projects that by 2050, nearly 20 per cent of India's
population—approximately 34 crore individuals—will be above the age of 60
years. This exponential growth in the elderly population, coupled with increasing
life expectancy now averaging 70.19 years (2018-2022), creates an urgent need for
supportive social infrastructure.
2. The traditional joint family system, which historically served as the primary
caregiving mechanism for elderly parents, has undergone significant erosion due
to rapid urbanization, economic migration, and changing social dynamics. The
National Sample Survey Organization's (NSSO) 75th Round on Social
Consumption: Health (2017-18) indicates that approximately 68 per cent of India's
working-age population (20-59 years) now lives away from their parental homes,
primarily in pursuit of employment, education, or entrepreneurial opportunities.
Major metropolitan cities such as Delhi, Mumbai, Bengaluru, Hyderabad and Pune
have witnessed an influx of 15-20 million young professionals who maintain
separate households from their parents. This geographical separation, while
economically beneficial, creates a critical gap in caregiving when elderly parents
face medical emergencies, chronic illnesses, or general health deterioration.
3. A particularly vulnerable demographic cohort is the 'sandwich generation' i.e.,
employees aged between 35 and 55 years who are simultaneously responsible for
raising their own children while caring for ageing parents. Research by the Indian
Institute of Management, Ahmedabad (IIMA) and the Tata Institute of Social
Sciences (TISS) indicates that approximately 42 per cent of India's working
population belongs to this sandwich generation, facing dual caregiving obligations
that create severe emotional, financial and professional stress. The Household
Social Consumption on Health Survey (2017-18) reveals that 56 per cent of
sandwich generation employees report experiencing burnout, with women bearing
a disproportionate burden. Seventy three per cent of female employees in this
cohort serve as primary caregivers for both children and parents. The National
Mental Health Survey (2015-16) found that sandwich generation caregivers have
2.8 times higher risk of developing depression and anxiety disorders compared to
their peers without dual caregiving responsibilities. This demographic reality
necessitates targeted legislative intervention that recognizes the unique pressures
faced by employees managing intergenerational care responsibilities while
maintaining professional commitments.
4. The health profile of India's elderly population presents an alarming picture
that necessitates regular physical presence and care from family members. The
LASI Report reveals that 75 per cent of elderly Indians suffer from at least one
chronic disease, with 40 per cent having two or more co-morbidities including
diabetes, hypertension, cardiovascular diseases, arthritis and respiratory ailments.
The prevalence of geriatric mental health issues is equally concerning—
approximately 22.4 per cent of elderly persons experience depression, anxiety or
dementia-related disorders. The India Ageing Report, 2023 by the Ministry of
Social Justice and Empowerment highlights that 27per cent of elderly persons
require assistance in Activities of Daily Living (ADL), while 43 per cent need
support in Instrumental Activities of Daily Living (IADL). Post-operative care,
rehabilitation after falls or fractures, management of terminal illnesses, and end-oflife
care require sustained physical presence that cannot be adequately substituted
by hired caregivers or institutional support alone.
Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 147
5. Despite the evident need, there exists a glaring legislative vacuum in India's
labour and employment framework regarding leave provisions for parent care.
While maternity leave (26 weeks under the Maternity Benefit Act, 2017), paternity
leave (15 days for Central Government employees), and child care leave (730 days
over entire service for Central Government employees) have received progressive
legislative recognition, care for ageing parents remains conspicuously absent from
formal leave entitlements. The Central Civil Services (Leave) Rules, 1972, and
corresponding State service rules do not provide for dedicated parent care leave.
Private sector employees, constituting approximately 90 per cent of India's
organized workforce, are even more vulnerable as most employment contracts and
establishment policies offer no structured provision for attending to parental health
emergencies. This absence forces employees, particularly those in the sandwich
generation, into an untenable choice: either utilizing precious earned leave, casual
leave, or loss of pay to care for parents, or, in many distressing cases, being unable
to attend to their parents during critical medical situations due to fear of
employment consequences.
6. The human cost of this legislative lacuna is profound and multifaceted. A
study by the International Institute for Population Sciences (IIPS), Mumbai,
revealed that 62 per cent of working professionals reported experiencing severe
emotional distress and guilt from being unable to be physically present with their
parents during medical crises. The psychological burden manifests in increased
workplace stress, reduced productivity, higher rates of anxiety and depression
among employees, and strained family relationships. Furthermore, 34 per cent of
employees surveyed reported having to resign or take extended unpaid leave at
some point in their careers to care for ageing parents, leading to significant career
disruptions, loss of income, erosion of professional skills, and diminished
retirement savings. For women employees, who constitute 48.5 per cent of the
urban workforce as per the Periodic Labour Force Survey (PLFS) 2022-23, this
burden is disproportionately heavier due to prevailing societal expectations of
caregiving, often resulting in permanent workforce exit.
7. The constitutional and cultural imperatives for this legislation are equally
compelling. Article 41 of the Constitution of India directs the State to make
effective provision for securing the right to public assistance in cases of old age,
sickness and disablement, within the limits of its economic capacity. While the
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, establishes the
legal obligation of children to maintain their parents, it provides no structural
mechanism through employment law to enable such care. India's civilizational
ethos, reflected in the concept of 'Matru Devo Bhava, Pitru Devo Bhava' (Mother
is God, Father is God) from the Taittiriya Upanishad, and the principle of 'Putra
Dharma' (duty of children towards parents), places filial responsibility at the very
core of our social and ethical framework. The proposed legislation seeks to
harmonize constitutional obligations, cultural values, and contemporary socioeconomic
realities by creating an enabling legal framework that recognizes and
facilitates this sacred bond.
8. International best practices provide instructive precedents for such legislative
intervention. Countries facing similar demographic transitions have enacted
progressive parent care leave provisions viz., New Zealand provides ten days of
paid leave for caring for sick family members including parents; the United
Kingdom offers unpaid parental leave and time off for dependents including
elderly parents; Belgium grants 'time credit' schemes allowing employees to reduce
working hours to care for aged parents; and Canada's Employment Insurance
Compassionate Care Benefit provides 26 weeks of leave to care for gravely ill
family members. The International Labour Organization (ILO) Convention No.
156 on Workers with Family Responsibilities recognizes that employees with
responsibilities towards dependent family members, including elderly parents,
should be enabled to engage in employment without being subject to
148 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
discrimination and, to the extent possible, without conflict between their
employment and family responsibilities. India, as a signatory to various
international human rights instruments and as an emerging global economic power,
has both the moral obligation and economic capacity to establish similar protective
provisions.
9. The Bill proposes a carefully calibrated framework that balances employee
welfare with organizational operational requirements. The provision of 45 days of
parent care leave during the entire period of service is based on empirical analysis
of typical critical caregiving needs that may arise during an employee's career:
major surgeries and serious illnesses requiring hospitalization and post-operative
care (14-28 days), management of acute episodes of chronic diseases (7-14 days),
end-of-life care and final rites (7-15 days), and critical health emergencies
requiring immediate family presence. Unlike child care leave which spans 730 days
over entire service for raising children, parent care leave is designed for acute
medical and health crises affecting aged parents, typically concentrated in specific
periods rather than spread across years. The leave shall be on full pay and
allowances, ensuring that employees, particularly those in the sandwich generation
managing dual financial obligations towards children and parents, do not face
financial hardship while fulfilling their filial obligations. The leave is designed not
to be debited against existing leave accounts, recognizing that casual leave, earned
leave, child care leave, and medical leave serve distinct purposes and should not be
depleted for parent care. To prevent misuse while maintaining sensitivity to
genuine needs, the Bill mandates submission of medical certificates, hospital
records, or other prescribed documents, with provisions for emergency leave
followed by documentation within seven working days. The provision as a onetime
total entitlement rather than an annual allocation reflects the understanding
that parental health crises requiring sustained physical presence are typically
episodic and concentrated rather than recurring annually, while ensuring the leave
serves its intended caregiving purpose rather than becoming a routine benefit.
10. The Bill's comprehensive coverage across employment sectors reflects the
principle of universal applicability and non-discrimination. By extending to Central
Government, State Governments, Union Territories, public sector undertakings,
banks, autonomous bodies, and private sector establishments employing ten or
more persons, the Bill ensures that approximately 85 to 90 per cent of India's
organized workforce falls within its protective ambit. The threshold of ten
employees for private sector applicability follows the precedent of several existing
labour laws, balancing social welfare objectives with concerns about regulatory
burden on micro and small enterprises. The Bill explicitly states that parent care
leave shall be in addition to and not in derogation of existing leave entitlements
under the Central Civil Services (Leave) Rules, 1972, or any State rules, thereby
creating a supplementary benefit rather than displacing existing provisions.
11. Recognizing that statutory provisions are effective only when accompanied by
robust enforcement mechanisms, the Bill incorporates a three-tiered compliance
architecture. First, it establishes the substantive right to parent care leave with clear
eligibility criteria and application procedures. Second, it prohibits any
discrimination or adverse employment consequences arising from the legitimate
exercise of this right, protecting employees from retaliatory actions such as denial
of promotion, transfer to unfavorable postings, or hostile work environment. Third,
it creates a deterrent framework through financial penalties for employers who
unlawfully deny parent care leave (₹ 50,000 to ₹ 2,00,000) and disciplinary
consequences for employees who submit fraudulent documentation, ensuring that
the system is neither exploited nor denied. The Bill also establishes accessible
grievance redressal mechanisms: for government employees through existing
departmental channels, and for private sector employees through Labour
Commissioners or notified authorities who must dispose of complaints within sixty
days, ensuring swift justice.
Sec. 2] THE GAZETTE OF INDIA EXTRAORDINARY 149
12. The Bill adopts a principle of delegated legislation, empowering the Central
Government to frame detailed rules regarding application formats, documentation
requirements, approval procedures, complaint mechanisms, and penalty quantum
for misuse. This approach provides necessary flexibility to adapt implementation
modalities to diverse sectoral contexts, technological advancements, and evolving
caregiving patterns while maintaining uniform core entitlements across the country.
The mandatory laying of rules before Parliament ensures democratic oversight and
parliamentary supremacy in the rule-making process, with provisions for
modification or annulment by both Houses within prescribed timeframes. This
balance between statutory clarity and regulatory adaptability is essential for
effective implementation across India's vast and varied employment landscape.
13. Beyond its immediate caregiving objectives, this legislation carries profound
implications for social cohesion, workplace culture, and national values. By
formally recognizing filial responsibility as a legitimate concern of employment
law, the Bill sends a powerful signal about the importance of intergenerational
bonds and family solidarity in contemporary India. It acknowledges that employees
are not merely economic units but human beings embedded in complex networks
of relationships and responsibilities. The legislation will reduce employee stress
and anxiety, leading to improved mental health, enhanced workplace morale and
productivity, lower attrition rates and associated recruitment costs, and
strengthened employer-employee trust and loyalty. For the elderly, the assurance
that their children can be present during times of vulnerability provides immense
psychological comfort and security, potentially improving health outcomes through
better adherence to medical regimens, faster post-operative recovery, and reduced
incidence of depression and social isolation. For the sandwich generation, this
provision offers critical relief from the impossible burden of choosing between
children's needs and parents' care.
14. This Bill aligns with several ongoing policy initiatives of the Government of
India. The National Policy on Senior Citizens, 2011, envisages provision of care
and protection to senior citizens through family-based support systems. The
National Programme for the Health Care of the Elderly (NPHCE) under the
Ministry of Health and Family Welfare emphasizes comprehensive healthcare for
the elderly but requires family participation for its effectiveness. The recent
emphasis on 'Ease of Living' as a governance philosophy necessitates creating
structural enablers that allow citizens to fulfill their family obligations without
professional or financial penalty. This legislation complements these policies by
addressing a critical gap in the employment-family care nexus.
15. In conclusion, the Bill represents a necessary and timely legislative
intervention that responds to demographic realities, honors cultural values, fulfills
constitutional mandates, and addresses genuine human needs. It recognizes that
caring for aged parents is not a personal indulgence but a social responsibility that
deserves institutional support. As India aspires to become a developed nation by
2047, we must ensure that our march towards economic prosperity does not come
at the cost of abandoning those who nurtured the current generation. This Bill is a
modest but significant step towards creating a society where professional success
and filial duty are not mutually exclusive, where the elderly are cared for with
dignity, where the sandwich generation receives the support it desperately needs,
and where the sacred bond between parents and children is honored not merely in
rhetoric but through concrete, actionable legal provisions.
Hence, this Bill.
SUMITRA BALMIK.
150 THE GAZETTE OF INDIA EXTRAORDINARY [Part II—
MEMORANDUM REGARDING DELEGATED LEGISLATION
Clause 8 of the Bill empowers the appropriate Government to make rules for
carrying out the provisions of this Act. Clause 10 of the Bill empowers the Central
Government to make provisions through an order to remove any difficulties likely
to arise in giving effect to the provisions of the Bill.
As the rules and orders will relate to matters of detail only, the delegation of
legislative power is of a normal character.
P.C. Mody,
Secretary-General.
PUBLISHED BY THE SECRETARY-GENERAL, RAJYA SABHA, UNDER RULE 68 OF
THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE COUNCIL OF
STATES (RAJYA SABHA)
MGIPMRND—658GI(S4)—13-03-2026.
UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002
AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI–110054.
P.C. MODY,
Secretary-KSHITIZ
MOHAN
Digitally signed by
KSHITIZ MOHAN
Date: 2026.03.13
22:31:16 +05'30'