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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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The paternity leave for the husband is generally 15 days. The maternity leave set by the state is 98 days. However, as far as paternity leave is concerned, there is currently no law in China that clearly stipulates this. The fixation of paternity leave is basically found in local family planning regulations, and in most areas paternity leave is 15 days.
Paternity is when a woman gives birth and her husband or family members are by her side throughout the whole process, which is called paternity. Paternity leave: that is, the right of the expectant father to have a certain period of time to care for and care for the expectant mother during the period of maternity leave for the husband and wife who have registered their marriage in accordance with the law.
The main purpose of this is to clearly stipulate the paid escort leave for expectant fathers through the form of law, and to provide opportunities for expectant mothers to share the responsibility of childbirth.
Article 27 of the Henan Provincial Population and Family Planning Regulations: In addition to the marriage leave stipulated by the state, the marriage leave of 18 days shall be added to the marriage leave of the couples who have gone through the marriage registration in accordance with the law, and the marriage leave shall be increased by 7 days if they participate in the premarital medical examination; 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.
Article 7 of the Special Provisions on Labor Protection for Female Employees Female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days may be taken before giving birth; 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 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.
Article 4 of the Chinese Population and Family Planning Regulations: The people at all levels and their staff members shall strictly administer according to law, enforce the law in a civilized manner, and must not infringe upon the legitimate rights and interests of citizens in the implementation of family planning work. Family planning administrative departments and their staff members are protected by law in the performance of their official duties in accordance with the law.
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Basically, in 7-20 days, because of multiple circumstances, women need to be taken care of when they are pregnant, so men also have maternity and hunger 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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Legal analysis: Paternity leave for men ranges from 7 days to 1 month, with 15 days in most regions. Paternity leave depends on the actual regulations of each province, autonomous region and municipality directly under the Central Government, and there are different regulations on paternity leave in different places.
Legal basis: Article 7 of the Special Provisions on Labor Protection of Female Employees provides that female employees are entitled to 98 days of maternity leave after giving birth, of which 15 days can be taken before giving birth; in case of dystocia, the maternity leave shall be increased by 15 days; For those who give birth to multiple babies and become friends, the maternity leave will be increased by 15 days for each additional child. If a female employee has a miscarriage before 4 months of pregnancy, she shall be 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.
Article 27 of the Jiangsu Provincial Regulations on Population and Family Planning stipulates that couples who have registered their marriage in accordance with the law shall have their marriage leave extended by 10 days on the basis of enjoying the marriage leave prescribed by the state. 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. The holidays provided for in the preceding two paragraphs shall be regarded as attendance, and wages shall be paid during the prescribed holidays, without affecting welfare benefits, and the statutory holidays of the State shall not be included in the holidays provided for in the preceding two paragraphs.
The employer may grant other preferential treatment according to the specific circumstances.
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Legal Analysis: Case-by-case analysis. 29 provinces have clarified that the shortest period of paternity leave is 7 days and the longest is 1 month, and the shortest paternity leave is 7 days in Tianjin and Shandong, followed by 10 days in Shanghai.
Beijing, Hebei, Shanxi, Liaoning, Jilin, Heilongjiang, Jiangsu, Zhejiang, Fujian, Hubei, Jiangxi, Guangdong, Hainan, Chongqing, Guizhou, Qinghai and other provinces all have 15 days of paternity leave. The paternity leave in Hunan and Sichuan is 20 days, and the paternity leave in Mongolia, Guangxi and Ningxia is 25 days, and the paternity leave in Hui and Shaanxi varies according to whether the couple lives in different places. Anhui clarifies that the man enjoys 10 days of nursing leave, and if the husband and wife live in different places, the nursing leave is 20 days, the nursing leave of the man is 15 days, and the husband and wife who live in different places will be given 20 days of nursing leave.
Among the 29 provinces, Henan, Gansu and Yunnan have the longest duration of paternity leave. According to the new version of the family planning regulations, the nursing leave in Henan is one month, and the nursing leave in Gansu and Yunnan is 30 days.
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 of Female Employees》 Article 7 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 can be increased by 15 days for each additional child. If a female Zhengye 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, an employee 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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