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Basically between 7-20 days, because of multiple circumstances, women need to be taken care of when they are pregnant, so men also have maternity leave to take, called paternity leave, paternity leave time varies from region to region, but it is basically about seven to twenty days.
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The number of days of paternity leave is different in each place, the minimum is 7 days, and the longest can be about 1 month, mainly depending on the maternity policy issued by each place.
[Extended content].Article 7 of the Special Provisions on Labor Protection of Female Employees.
Female employees are entitled to 98 days of maternity leave, of which 15 days can 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 shall 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.
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Legal analysis: According to the relevant laws and regulations on male paternity leave in China, it can be seen that male paternity leave varies from region to region, taking Jiangsu Province as an example, the man has 15 days of paternity leave. During the paternity leave, the husband is also entitled to the same loss or registration as the on-the-job employee, and the employer cannot deduct wages or reduce benefits on this ground.
For example, in Guangdong Province, there are 80 days of maternity leave, and the number of maternity leave days varies from province to province.
Legal basis: "Jiangsu Provincial Population and Family Planning Regulations" Article 27 Couples who have registered their marriage in accordance with the law shall have their marriage leave extended by 10 days on the basis of the basic group dismantling of the marriage leave stipulated by the State. Husbands and wives who give birth to children in accordance with the provisions of these Regulations shall be entitled to a 30-day extension of maternity leave for the woman and 15 days of nursing leave for the husband on the basis of the maternity leave prescribed by the State.
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1. How many days of paternity leave for men is stipulated by the state.
1. Men do not have maternity leave, and some local ** departments clearly stipulate that men can take paternity leave, but the time of paternity leave cannot be generalized, mainly stipulated by local policies. For example, paternity leave for men is 15 days in Guizhou Province, 20 days for men in Sichuan Province, and 30 days for men in Yunnan. Where the husband is provided for paternity leave, the relevant local regulations may be followed.
2. Article 26 of the Population and Family Planning Law of the People's Republic of China.
During pregnancy, childbirth and breastfeeding, women are entitled to special labor protection and can receive assistance and compensation in accordance with the relevant regulations of the National University of China.
Citizens who undergo family planning surgery are entitled to leave as prescribed by the state; Local people** can give incentives.
2. How many days of paternity leave are stipulated in Shanghai.
Shanghai stipulates 10 days of paternity leave.
1. According to the relevant laws and regulations, citizens who marry in accordance with the provisions of the law shall have an additional seven days of marriage leave in addition to the marriage leave stipulated by the state;
2. In addition to the maternity leave stipulated by the state, the woman can also enjoy 30 days of maternity leave, and the man can enjoy 10 days of paternity leave for his spouse; 3. Maternity leave enjoys the same treatment as maternity leave, and the salary of the spouse during the paternity leave shall be paid according to the salary due to the person's normal attendance.
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Legal analysis: The man's paternity leave is generally from 15 to 25 days, and China's law does not clearly stipulate the number of days of paternity leave for the man, but according to the population and family planning regulations of various provinces and cities, the number of days of paternity leave is different from the family planning policy of the place where the party is located, and the period of paternity leave is regarded as attendance, and the treatment remains unchanged. Take Henan Province as an example:
Legal basis: "Henan Provincial Population and Family Planning Regulations" Article 27 Couples who have registered their marriages in accordance with the law shall have 18 days of marriage leave in addition to the marriage leave prescribed by the state, and 7 days of marriage leave if they participate in premarital medical examinations; If a child is born in accordance with the provisions of laws and regulations, in addition to the maternity leave provided by the state, the maternity leave shall be increased by three months, and the spouse shall be given one month of nursing leave; Marriage leave, maternity leave, and nursing care leave are considered to be attendance. Different regions can refer to the local population and family planning regulations.
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Legal analysis: Paternity leave for male employees is not the same according to the provisions of the "Regulations on the Administration of Population and Family Planning" in various places, and the time is also different. The paternity leave provided for in the regulations is generally 15 days, which can be extended by another 10 days for couples who marry late and have children later, and maternity leave may also be extended for a second child.
In some places, maternity leave is as long as 30 days, but in others, maternity leave is only 7 days. In maternity leave, it is considered to be attendance, and the salary is paid as usual, and the benefits remain unchanged.
Legal basis: Article 7 of the Special Provisions on Labor Protection of Female Employees Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days can 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 shall 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.
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Legal analysis: The relevant provisions of China's laws do not clearly indicate that men's paternity leave should be implemented in accordance with the provisions of the regulations on planned childbirth and childbirth in the city where they are located. However, as a legal husband and wife, the husband enjoys the right to take care of each other for a certain period of time.
Basis of the law: Article 62 of the Labor Law of the People's Republic of China.
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