If the wife of a male employee gives birth, does the male employee have a leave to accompany him, an

This issue is not regulated by the Labor Code. However, some laws and regulations of various provinces generally have provisions, such as the promulgation by the Standing Committee of the Provincial People's Congress of some regulations on the implementation of family planning, regulations on the protection of women's rights and interests, and so on. Generally, if both husband and wife meet the conditions for late marriage and late childbearing, the husband has nursing leave during the wife's childbirth, and the length of the leave is also inconsistent in different places, some are 7 days, and some may be longer.

Late marriages are considered for men over the age of 25 and women over the age of 23 for the first time. A married woman over the age of 24 who gives birth to her first child is considered to have late childbearing.

If an employee marries late, the marriage leave shall be increased by 20 days; In the case of late childbirth, the maternity leave shall be increased by 15 days, and the husband shall be given 10 days of nursing leave; During the period of maternity leave, those who receive the "Certificate of Honor for Parents of a Single Child" shall be given an additional 30 days of maternity leave.

The Labor Law has no relevant provisions on this, and the "Family Planning Regulations" have been formulated in various localities according to specific conditions, and there are different provisions, which can be implemented according to the regulations of their own provinces and cities.

There are no relevant provisions in the labor law, check with your local labor bureau to see if there are any local regulations.

It seems that the labor law does not mention it, but some regions seem to have such a provision. It seems that if it is three days or a week, I can't remember clearly, you can ask the labor office in your area.

At present, the Labor Law and other relevant laws and regulations do not make clear provisions on paternity leave, and the specific provisions depend on the actual regulations of each province, autonomous region and municipality directly under the Central Government, which are basically found in the family planning regulations of various places.

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 for childbirth, of which 15 days may be taken before childbirth; In case of dystocia, the maternity leave should be increased by 15 days; In the case of multiple births, the maternity leave may be increased by 15 days for each additional child. If a female employee has a miscarriage before four months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is completed within four months of miscarriage, she 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) the cost of 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.

If possible, it is better to take a break。Although China's current "Labor Law", there are only specific provisions on maternity leave for female employees, and there are no clear provisions on paternity leave for male employees. But the purpose of maternity leave for menIt must be more to accompany his wife, help his wife share a hardship, and also to further maintain the family relationship and the relationship between his husband and wife.

As we all know, maternity leave is a leave entitlement established by law specifically for working women before and after childbirth, while paternity leave is a leave specially established for men. Paternity leave, also known as nursing leave, refers to the right of the husband and wife who have registered their marriage in accordance with the law to have a certain amount of time to care for and care for each other during the period of maternity leave.

How to calculate the salary of male employees during paternity leave, the Labor Law and other relevant laws and regulations do not make clear provisions on paternity leaveSpecifically, it depends on the actual regulations of various provinces, imitation autonomous regions, and municipalities directly under the Central Government, which are basically found in the family planning regulations of various localities.

During the period of paternity leave for male employees, the employer shall still pay wages to the employee, but the specific regulations vary from place to place, and the specific provisions are detailed in the regulations on family planning issued by the provincial-level administrative units. In general, there are two ways to settle paternity wages:

1) If the employer purchases maternity insurance for the employee, the employer shall apply to the relevant department for the employee's salary during the paternity leave. The salary during paternity leave is averageIt is paid according to the local average social wage standardIf the employee's salary is higher than the average social wage standard at that time, the employer shall make up the difference.

2) If the employer does not purchase maternity insurance for the employee, the employee's salary during the paternity leaveIt is paid according to the standard of the employee's contract salary.

Childbearing is a common right of both men and women, and the upbringing of offspring is also a joint obligation of both men and women. The establishment of paternity leave balances the balance between men and women to bear the internal affairs of the family, is conducive to more participation of men in family affairs such as the upbringing of offspring, helps women to go out of the family and into society, and plays a significant role in promoting the equality between men and women.

If possible, I believe that male employees should still take maternity leave.

Men take paternity leaveThere are many benefits, both from a family point of view and from a social point of view。Let's take a look at the benefits of maternity leave for men from both family and social perspectives.

First, in the society

1. Alleviate the disadvantaged position of women

With the development of society, the status of women has been significantly improved. Whether in terms of policy or social education, the rights and interests of women have been protected to a certain extent and equality between men and women has been promoted. However, due to some characteristics of women themselves, they cannot be changed, such as juxtaposition

There are still many professions and companies that prefer to have men and discriminate against women, such as having children and taking care of the family. Alleviating the disadvantaged status of women is more conducive to social equity.

Second, in the family

Maternity leave for both men and women gives men more time to care for and spend with their wives and children, while also reducing the burden on the family. Pregnant women are often weaker and more emotional, prone to postpartum anxiety or postpartum depression after giving birth. The husband's company not only takes care of his wife's body, but also gives his wife a lot of love and care, reducing the possibility of postpartum depression.

Reduce family pressure and liberate the older generation

Some families will choose to go to the confinement center or ask the confinement lady to accompany the mother after giving birth, but this dust eggplant also requires certain economic conditions. Many families may not meet this condition, and at this time, the man's parents or the woman's parents may need to take care of them, increasing the pressure on the older generation. If it is possible for men and women to take maternity leave at the same time, it can also liberate the older generation and reduce the pressure on the family.

All in all, there are many benefits to maternity leave for male employees, and it should be implemented!

1. Paternity leave, that is, couples who have registered their marriage in accordance with the law, during the period of maternity leave, the man enjoys the right to take care of and take care of each other for a certain period of time.

2. The Labor Law and other relevant laws and regulations do not make clear provisions on paternity leave, and the specific provisions depend on the actual regulations of each province, autonomous region and municipality directly under the Central Government, which are basically found in the family planning regulations of various places.

3. In most provinces, the paternity leave of the man is generally 7 days, and the late marriage and late childbirth can be extended to 10 days.

4. [Legal basis].

5. Article 30 of the Regulations on Population and Family Planning of Shandong Province stipulates that 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.

6. If the woman gives birth late, in addition to the maternity leave stipulated by the state, the maternity leave shall be increased by 60 days, and the husband shall be given 7 days of leave.

The Labor Law and other relevant laws and regulations do not stipulate paternity leave, and the provisions on paternity leave are basically found in local family planning regulations. For example, in addition to the maternity leave stipulated by the state, the woman will be given 60 days of maternity leave, and the man will be entitled to 20 days of nursing leave; In Jiangsu Province, on the basis of the maternity leave stipulated by the state, the maternity leave is extended by 30 days, and the husband is entitled to 15 days of nursing leave.

[Legal basis].Article 21 of the Regulations of Hunan Province on Population and Family Planning.

For couples who meet the legal requirements for childbirth, the woman shall enjoy 60 days of maternity leave in addition to the maternity leave prescribed by the state, and the husband shall enjoy 20 days of nursing leave. The increased maternity leave and nursing care leave are considered as attendance.

Article 27 of the Regulations of Jiangsu Province on Population and Family Planning.

From January 1, 2016, couples who give birth to children in accordance with the provisions of these Regulations shall have their maternity leave extended by 30 days for the woman and 15 days for the man on the basis of the maternity leave prescribed by the state.