Paternity leave for the husband and a few days for the spouse

There are local differences in the area regarding paternity leave, and the regulations vary slightly.

For example, Article 32 of the Hebei Provincial Population and Family Planning Regulations stipulates that citizens who marry late and have children later shall be rewarded.

Late marriage is considered a marriage that is postponed for more than three years according to the legal age of marriage; Married women over the age of 24 who give birth for the first time are considered to have late childbearing. Where late marriage is practiced, 15 days of marriage leave shall be awarded; In the case of late childbirth, 45 days of maternity leave shall be awarded, and 10 days of nursing leave shall be granted to the man. During the period of incentive marriage and maternity leave, enjoy normal marriage and maternity leave benefits.

Beijing's regulations stipulate that:

Article 20 Where an employee of an organ, social organization, enterprise or institution marries later, in addition to enjoying the marriage leave provided for by the State, the reward leave shall be increased by 7 days. In addition to the maternity leave provided by the state, female employees who give birth late shall be entitled to an additional 30 days of incentive leave, which may also be enjoyed by the man, and the basic salary shall not be reduced or the labor contract shall be terminated during the leave; If the employee does not take incentive leave, the reward shall be given according to the standard of the woman's basic salary of one month.

Article 37 of the Regulations on Family Planning of Zhejiang Province stipulates that if an employee of an organ, organization, enterprise, institution or other organization marries late, the marriage leave shall be increased by 12 days, and the salary, bonus and other welfare benefits shall be paid accordingly; If the child is late, the man can enjoy seven days of nursing leave, and salary, bonuses and other benefits will be paid as usual.

In the current Labor Law, only female employees can take maternity leave, and there is no explicit provision for male employees to take paternity leave. Paid paternity leave for men is currently a legal blank.

This seems to depend on the regulations of the individual company, and the overall may be the same, but the specific is the state-owned state-owned factory, and the factory has factory rules.

Legal analysis: fifteen days. In addition to the maternity leave prescribed by the state, female employees of government agencies, enterprises, public institutions, social organizations and other organizations who give birth in accordance with the provisions of the state are entitled to 30 days of maternity incentive leave, and their spouses are entitled to 15 days of paternity leave.

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 an employee shall be entitled to 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 is calculated and paid according to the average monthly salary of the employee in the previous year of the employer.

Article 24 of Shanghai's Paternity Leave Regulations Article 24 When a man reaches the age of 25 and marries for the first time, it is a wild marriage or a late marriage. When a woman reaches the age of 23 and marries for the first time, it is considered a late marriage. When a married woman gives birth to her first child, she reaches the age of 24 and has a late childbearing.

Article 33 In addition to enjoying the "marriage leave" prescribed by the state, a citizen who marries late shall have his or her late marriage leave increased by seven days. In addition to the maternity leave stipulated by the state, a woman who gives birth late in childbirth who meets the provisions of these Regulations shall have an additional 30 days of late childbirth leave, and her spouse shall enjoy 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.

Beijing Paternity Leave Provisions Article 20 In addition to the maternity leave prescribed by the state, a female employee who gives birth late shall be entitled to an additional 30 days of incentive leave, which may also be enjoyed by the man, and shall not reduce her basic salary or terminate the labor contract during the leave period; If the employee does not take incentive leave, the reward shall be given according to the standard of the woman's basic salary of one month. There is no legal provision for the so-called "paternity leave" of the child's father, and he can only take 30 days of incentive leave for late childbirth. However, if the man takes the late childbirth incentive leave, the woman cannot take it again.

Guangdong Paternity Leave Regulations If state employees and employees of enterprises and institutions marry late, their marriage leave shall be 30 days; In the case of late childbirth, the maternity leave is 105 days, and the husband is given 15 days of nursing leave. However, whether the man has paternity leave varies from place to place, with some regions having and some regions not, and the duration of paternity leave varies from place to place, ranging from 7 days to 10 days to 15 days. The standard varies from place to place, from 7 days to 10 or 15 days.

Beijing: Husbands are entitled to one month of "maternity leave", during which they are not allowed to reduce their basic salary or terminate their employment contracts. Shanghai:

If the wife gives birth at the age of 24 or older, and the husband is married for the first time or remarried if he has never had a child before, he can take three days of "maternity leave". Liaoning: If an employee marries late or gives birth late and receives the "Honor Certificate for Parents of a Single Child", the man's nursing leave is 15 days.

During the leave, the salary will be paid as usual, and the benefits will remain unchanged. Heilongjiang: The period of leave for husbands to take care of mothers is 5 to 10 days.

Henan: It is stipulated that husbands can enjoy one month of nursing leave for "confinement care". Yunnan Province and Shandong Province granted the husband 7 days of nursing leave, and Shaanxi Province gave him 10 days.

Legal analysis: In China's current "Labor Law", there are only specific provisions on maternity leave for female employees, and there is no clear provision for male employees to take paternity leave. The number of paternity leave days for the man is different according to the rules of different places, and the minimum paternity leave for the man is 7 days, and the longest is one month.

Legal basis: "Regulations on Population and Family Planning" Article 2 Lu Qin 15 Citizens who marry late and have children later may receive awards for extended marriage leave, maternity leave, or other benefits.

Beijing Municipal Regulations on Population and Family Planning Article 18 Female employees of government agencies, enterprises, public institutions, social organizations and other organizations who give birth in accordance with regulations shall enjoy 30 days of maternity incentive leave and 15 days of paternity leave for their spouses, in addition to the maternity leave prescribed by the State. During the period of leave for female employees and their spouses, government organs, enterprises, public institutions, social groups, and other organizations must not reduce their wages, dismiss them, or terminate their labor or employment contracts.

In our country,Men do not have the right to have children directly, because the process of procreation requires the participation of the woman's body. However, men also have certain rights and responsibilities when it comes to childbearing.

In our country, husbands and wives should decide together on the timing and number of children to be born. If the wife becomes pregnant, the husband has the right to participate in the process of deciding whether to have an abortion or to have a baby, but the final decision is usually in the wife's hands. If a wife terminates a pregnancy without her husband's consent, it can be considered as a violation of her husband's reproductive rights.

However, due to the current marriage law in China, if the wife needs to terminate the pregnancy skin royal register, the ambush should seek the husband's intention. However, in practice, the husband's consent is not required, which also leads some wives to perform abortions without their husband's consent.

Summary, in our country,Men have rights in procreation, but not much, but they have the right to participate in reproductive decisions, mostThe wife's wishes should be respected, but at the same time she should express her opinion and provide the necessary supportIf a wife terminates a pregnancy without her husband's consent, it can be considered as a violation of her husband's reproductive rights. , but due to the fact that there are certain legal loopholes in actual operation, this is alsoIt is necessary to continue to strengthen the improvement and implementation of relevant laws and regulations in China.