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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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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. But there are also paternity leave of up to 30 days, as in Henan Province. The salary system during paternity leave is also different from country to country, and the bonus benefits remain the same.
In some areas, paternity leave for men can be transferred to maternity leave for women, and women can take leave instead of men. 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. But there are also paternity leave of up to 30 days, as in Henan Province.
The salary system during paternity leave is also different from country to country, and the bonus benefits remain the same. In some areas, paternity leave for men can be transferred to maternity leave for women, and women can take leave instead of men.
II. General Provisions.
1. Female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before childbirth;
2. Dystocia, increase maternity leave by 15 days;
3. For multiple births, the maternity leave will be increased by 15 days for each additional baby;
4. If the pregnancy is less than 4 months and the miscarriage is not carried out, 15 days of maternity leave shall be enjoyed;
5. If the pregnancy is 4 months old and the miscarriage is completed, the employee shall enjoy 42 days of maternity leave;
6. Maternity leave for late childbirth shall be prescribed by all provinces, autonomous regions and municipalities directly under the Central Government in accordance with the family planning regulations of their respective provinces.
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It is taken during the spouse's maternity leave, which is also the time when the spouse gives birth, usually 7 days.
Under normal circumstances, it is taken around the expected date of delivery, but it is not too strict, as long as it is possible during this period, the leave provides relevant certificates, generally including at least a marriage certificate and a hospital prenatal examination certificate. During the period of leave, they are generally entitled to normal salary benefits. The start date is calculated from the date you requested the leave.
There are also cases where there is paternity leave in some places and there is no paternity leave in others. Even if there is no place for paternity leave, if your situation is special, such as living difficulties, your wife is really uncared for, or the hospital has relevant requirements, you can apply for hardship allowance or care from your employer.
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Legal analysis: Paternity leave, also known as escort leave, means that the woman enjoys the right to have a certain amount of time to care for and care for the other party during the period of maternity leave. 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 localities.
Legal basis: Article 31 of the Regulations of Guangdong Province on Population and Family Planning Couples who give birth to children in accordance with the provisions of laws and regulations shall enjoy 30 days of incentive leave for the woman and 15 days of paternity leave for the man. Wages are paid during the prescribed holidays, and welfare benefits and attendance awards are not affected.
Article 26 of the Sichuan Provincial Regulations on Population and Family Planning Husband and wife who give birth to a child in accordance with the provisions of these Regulations shall, except as provided by laws and regulations, extend the woman's maternity leave by 60 days and give the man a nursing leave of 20 days. Maternity leave and nursing leave are regarded as attendance, and the salary and benefits remain unchanged.
Article 33 of the Hubei Provincial Population and Family Planning Regulations stipulates that in addition to the maternity leave provided by the state, women who give birth in accordance with laws and regulations shall enjoy an additional 30 days of maternity leave, and their spouses shall enjoy 15 days of nursing leave; Maternity leave and nursing leave are treated as attendance, and wages and bonuses are paid as such.
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Legal analysis: At present, China's current laws and regulations do not have provisions on paternity leave, and the specific number of days of paternity leave needs to be combined with the actual provisions of various provinces, autonomous regions and municipalities directly under the Central Government.
Legal basis: "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 employee has a miscarriage after 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage is completed, the old digging is entitled to 42 days of maternity leave.
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Legal Analysis: Paternity leave is different in each region, for example, paternity leave in Shanghai is ten days.
Legal basis: Article 31 of the Regulations of Shanghai Population and Family Planning 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. In addition to the maternity leave provided by the state, the female spouse may also enjoy an additional 30 days of maternity leave, and the husband may enjoy 10 days of spouse paternity leave.
Maternity leave is treated the same as maternity leave, and the spouse's salary during paternity leave shall be paid according to the salary due to the person's normal attendance.
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