Virat Kohli's paternity leave is unlikely to change the scenario for other sportspersons who still have to struggle for paternity and maternity leaves in the competitive world of sports, writes RISHAB LINGAM.
_______
THE dust has settled on Indian skipper Virat Kohli's paternity leave controversy on social media. However, there is much that has been left unsaid about paternity leave.
The specific entitlements, how frequently this is availed in the world of sports, the key constraints and cultural views on paternity leave are issues that need a larger conversation.
The term paternity leave is a gender-neutral term. However, since the term maternity leave is used specifically for leave that women take during pregnancy and childbirth, paternity leave is attributed to men taking leave to attend to and extend care to their spouse at delivery, postnatal care and child care.
It is interesting to note that the Board of Control for Cricket in India (BCCI) had indeed approved paternity leave for Virat Kohli as opposed to their position in the case of Sunil Gavaskar in 1976. As a result of this denial, Gavaskar got to see his new-born son for the first time two and a half months after his birth.
Examples galore, with several players hearing about the arrival of their babies while being at the crease or while they are on their tours. Former skippers MS Dhoni and Sourav Ganguly did not avail of paternity leaves.
In response to a press query, MS Dhoni on missing the birth of his daughter during an Australia tour before the World Cup in 2015, is believed to have said that he is on "national duty" and everything else could wait. This is precisely the point that kept coming up on Twitter; is Kohli compromising the interests of the Indian team touring Australia?
This was countered by senior commentators like Harsh Bogle and the team coach, Ravi Shastri who said that cricket is a team game and this would allow other members to rise to the occasion and perform.
The jury was out on both sides, but Kohli received more appreciation than criticism.
The media also hailed him as a man 'not only in love with his game but also with his wife'.
The reason for the debate in the case of Kohli is due to the duration of absence. After having played one test match, he will miss the remaining three Test matches, to accommodate his paternity leave and quarantine stipulations. This is a significantly longer duration of paternity leave than what has been previously granted to other players.
If we were to quickly take stock of who among the cricketers have been given paternity leave in world cricket, one could count them on one's fingers. The days of leave were abysmal.
“Generally, cricketers miss playing a few days to be with their partner for the birth of the child. So paternity leave tends to be notional with no real participation in care work.
In July 2020, England Test captain Joe Root was given paternity leave to miss the first test of England's test series against the West Indies to be with his partner for the birth of their second child. He then returned for the second test match.
In December 2018, Indian batsman Rohit Sharma was permitted to miss the fourth test against Australia to attend the birth of his daughter. He was away for ten days and had returned to join the ODI series.
In September 2019, English cricketer Joe Denly was given permission to miss the end of the first day's play of the fifth test against Australia to be with his partner for the birth of their child. He returned for the next day's play.
Recently, New Zealand Test captain Kane Williamson missed the second test against West Indies to be with his partner for the birth of their first child.
“Ironically, the duration of skipper Kohli's absence combined with the importance of the India -Australia rivalry, and his value to advertisers and broadcasters is what has brought the issue of paternity leave into the public discourse.
Generally, cricketers miss playing a few days to be with their partner for the birth of the child. So paternity leave tends to be notional with no real participation in care work. It is highly likely that this would have been the case with Kohli as well if it was not for the quarantine stipulations.
Ironically, the duration of skipper Kohli's absence combined with the importance of the India -Australia rivalry, and his value to advertisers and broadcasters is what has brought the issue of paternity leave into the public discourse.
There are two interesting issues to be looked into – what are the paternity entitlements in general and what is the precarity that sports people experience.
“A UNICEF report (2019) which examined legally protected leave for new parents in 41 of the world's richest countries, found that 26 offered paid paternity leave and 40 countries paid leave for new mothers.
As per an ILO report (2014), paternity leave entitlements can be found in the national legislations of only 79 countries out of 167, for which data is available. Among those with national provisions, the duration ranges from one day in Tunisia to 90 days in Iceland, Slovenia and Finland (54 working days).
Ninety percent of the 79 countries provide paid paternity while in eight countries, the national provision only provides for work absences or taking time off.
“These entitlements are directly linked to the type of economy (capitalist, welfarist, socialist, etc.), which govern social protections to its citizens and the desirable birth rates that the country wishes to achieve.
A UNICEF report (2019) which examined legally protected leave for new parents in 41 of the world's richest countries, found that 26 offered paid paternity leave and 40 countries paid leave for new mothers.
These entitlements are directly linked to the type of economy (capitalist, welfarist, socialist, etc.), which govern social protections to its citizens and the desirable birth rates that the country wishes to achieve.
“There are no explicit provisions in law for providing paternity leave in India. Government employees are entitled to 15 days of paternity leave, whereas paternity leave for private-sector employees depends on their employers.
According to the same report, countries that give paid leave generously to fathers are Japan, South Korea and Portugal and the least generous to give paid leave to mothers and fathers is the USA.
There are no explicit provisions in law for providing paternity leave in India. Government employees are entitled to 15 days of paternity leave, whereas paternity leave for private-sector employees depends on their employers.
“As opposed to paternity leave, maternity leave for women is expected of much longer duration, in all countries where maternity leave is covered through legislation.
As opposed to paternity leave, maternity leave for women is expected of much longer duration, in all countries where maternity leave is covered through legislation.
However, women in competitive sports, who have much shorter careers, have to plan their careers keeping their biological clocks firmly in mind.
In August 2019, the then New Zealand captain Amy Satterthwaite, 32, became the first cricketer to be given maternity leave. She was entitled to her full contract for the duration of her maternity leave.
“However, women in competitive sports, who have much shorter careers, have to plan their careers keeping their biological clocks firmly in mind.
The average age of the Indian women's team for the T20 World Cup played in 2020 was 22.8 years. Compare this to male cricketers from India participating in ICC Men's World Cup 2019 having an average age of 30.03 years. Given this young age profile and the relative ascendance of women's cricket in India, cases of women cricket players seeking maternity leave from cricket have not come to light, so far.
Compared to men and women in non-sports employment seeking paternity and maternity leave during their careers, the frequency of this type of leave among sportspersons that come into public notice is few and far between.
Applying for and receiving paternity leave is also linked to having regular employment. Hence individuals who are self-employed or on contract jobs are least likely to be able to receive paternity or maternity benefits.
So that brings us to the question, what kind of employment do sportspersons have?
“Seeking paternity or maternity leave is fraught with problems of losing rankings, non-selection and worst, seen as a player who is not serious about the sport, a tag that sportspeople can ill afford.
In societies where there is a distinction between work and play, sports persons occupy the peculiar intersection where playing competitive games as individuals or in teams is a passion and, at the same time, the only source for earning a livelihood. Compensations, payments and entitlements to sportsmen and women are linked to the clubs, leagues and associations that they belong to.
Seeking paternity or maternity leave is fraught with problems of losing rankings, non-selection and worst, seen as a player who is not serious about the sport, a tag that sportspeople can ill afford.
“Like cultural workers (artists, designers, media persons and actors) sportspeople are workers within 'factories without walls'.
Decent work, paternity leave entitlements, retirement benefits, freedom from sexual harassment and non-discrimination are many facets of individuals' lives that should also apply to sportspeople. Otherwise, the secondary status given to sports as a career will continue.
Like cultural workers (artists, designers, media persons and actors) sportspeople are workers within 'factories without walls'.
They contribute to the multi-billion sports industry with low returns and short shelf life.
Though paternity leave to Kohli has been hailed as pathbreaking, this is unlikely to enhance the job entitlements to other players, unless they achieve a grading and rank order.
What requires attention is that not all sportspeople are Virat Kohlis, but they can also be fathers and mothers who need equal treatment.
(Rishab Lingam is a lawyer with a Masters degree in International Sports Law. The views are personal.)