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Anonymous users2024-02-07Male employees who give birth to their wives may take paternity leave.
Paternity leave varies from place to place, and there are also differences in paternity leave for each unit in each region, depending on the specific agreement of your employer. There is no explicit provision by the state.
For example, Article 30 of the Regulations on Population and Family Planning of Shandong Province: If a man and a woman marry later, in addition to the marriage leave stipulated by the state, the marriage leave shall be increased by 14 days.
If the woman gives birth late, in addition to the maternity leave prescribed by the state, the maternity leave shall be increased by 60 days, and the husband shall be given 7 days of nursing leave. The increased marriage leave, maternity leave, and nursing leave shall be regarded as attendance, and the salary shall be paid as such, and the welfare benefits shall remain unchanged.
Article 33 of the Regulations of Shanghai Municipality on Population and Family Planning Women who give birth late in accordance with the provisions of these Regulations shall, in addition to the maternity leave prescribed by the State, have an additional 30 days of late childbirth leave, and their spouses are entitled to three days of nursing leave for late childbirth. Enjoy the same treatment as marriage leave during late marriage leave, and enjoy the same treatment as maternity leave during late maternity leave and late maternity care leave.
Hebei: Article 28 of the Hebei Provincial Population and Family Planning Regulations stipulates that citizens who have gone through marriage registration in accordance with the law shall extend their marriage leave for 15 days in addition to the marriage leave stipulated by the state; Husbands and wives who give birth to children in accordance with the provisions of laws and regulations shall be entitled to an extension of 60 days of maternity leave and 15 days of nursing leave for their spouses, in addition to the maternity leave prescribed by the State.
During the extended period of marriage and maternity leave, they are entitled to normal marriage and maternity leave benefits.
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Anonymous users2024-02-06It varies from place to place, and the specific regulations are usually in the family planning regulations of each province.
For example, in Jiangsu, the man only has 10 days of paternity leave for late childbearing.
It's the first child.
Jiangsu stipulates: Article 30 for late marriage.
, extended marriage leave.
Ten days. If the husband and wife marry late, both parties shall enjoy it; Party.
If you marry late, one party enjoys it.
For late childbearing, the woman's maternity leave shall be extended by 30 days, and the man's nursing leave shall be granted by 10 days.
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Anonymous users2024-02-05Legal analysis: The wife gives birth to a child, and the man has a holiday. There is no uniform national regulation on paternity leave, and this is a regulation that has been changed by various provinces. In most provinces, the Regulations on Population and Family Planning stipulate that paternity leave for men is generally 7 days, and can be extended to 10 days for late marriage and late childbirth.
Legal basis: "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.
Special Provisions on Labor Protection for Female Employees》 Article 7 Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before childbirth; In case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave can be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.
Social Insurance Law of the People's Republic of China
Article 53 Employees shall participate in maternity insurance, and the employer shall pay the maternity insurance premiums in accordance with the provisions of the State, and the employees shall not pay the maternity insurance premiums.
Article 54 Where an employer has already paid maternity insurance premiums, its employees shall enjoy maternity insurance benefits; The unemployed spouse of the employee shall enjoy the treatment of maternity medical expenses in accordance with the provisions of the state. The required funds are paid out of maternity insurance**. Maternity insurance benefits include maternity medical expenses and maternity allowances.
Article 55 Maternity medical expenses include the following:
1) Medical expenses for childbirth;
2) Medical expenses for family planning;
3) Other project expenses as provided for by laws and regulations.
Article 56 Under any of the following circumstances, employees may enjoy maternity allowance in accordance with the provisions of the State:
1) Female employees are entitled to maternity leave when they give birth;
2) Take leave for family planning surgery;
3) Other circumstances provided for by laws and regulations.
The maternity allowance shall be calculated and paid according to the average monthly salary of the employee in the previous year.
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Anonymous users2024-02-04Legal analysis: The daughter-in-law has paternity leave for her husband to give birth to a child, and the minimum paternity leave for the man is 7 days, and the longest is one month.
Legal basis: Regulations on the Chinese Population and Family Planning
Article 25 Citizens who marry late and give birth later may receive incentives or other benefits for extended marriage leave or maternity leave.
Article 26: During pregnancy, childbirth, and breastfeeding, women shall enjoy special labor protection and may receive assistance and compensation in accordance with the relevant provisions of the State. Citizens who undergo family planning surgery are entitled to leave as prescribed by the state; Local people** can give incentives.
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