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There are local differences across the country, and 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.
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Population and Family Planning Law.
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1. How many days of nursing leave the man is entitled to.
1. The man's nursing leave is 15 days. Female employees of government agencies, enterprises, public institutions, social organizations and other organizations who give birth in accordance with regulations are entitled to 30 days of maternity incentive leave and 15 days of paternity leave for their spouses, in addition to the maternity leave provided for by the state.
2. Legal basis: Article 7 of the Special Provisions on Labor Protection of Female Employees.
Female employees are entitled to 98 days of maternity leave, including 15 days of prenatal leave; 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.
Article 8. For female employees who have participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; For those who have not participated in maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.
The medical expenses for childbirth or miscarriage of female employees shall be paid by the maternity insurance according to the items and standards stipulated in the maternity insurance, and those who have already participated in the maternity insurance; For those who have not participated in maternity insurance, the employer shall pay for it.
2. What materials are required for nursing leave?
The following documents are required to take nursing leave:
1. ID card;
2. Marriage certificate;
3. Birth permit;
4. Birth certificate;
5. Only child certificate.
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Legal Analysis: The duration of the man's nursing leave varies depending on the region. For example:
7 days in Shandong Province; 15 days in Liaoning Province; 15 days in Jiangxi Province; 10 days in Hebei Province; 15 days in Zhejiang Province; 20 days in Sichuan Province; 10 days in Shanghai, 20 days of nursing leave for husband and wife living in different places, etc.
Legal basis: "Shandong Provincial Population and Family Planning Regulations" Article 25 Husbands and wives who give birth to children in accordance with the provisions of the law and these Regulations shall have an additional 60 days of maternity leave and 7 days of nursing leave for the husband in addition to the maternity leave prescribed by the State. The increased maternity leave and nursing leave shall be regarded as attendance, and the salary shall be paid as such, and the welfare benefits shall remain unchanged.
Liaoning Provincial Regulations on Population and Family Planning》 Article 25 Husbands and wives who have registered their marriages in accordance with the law shall have an additional 7 days of marriage leave in addition to the marriage leave prescribed by the State; Husbands and wives who give birth in accordance with the provisions of these Regulations shall have an additional 60 days of maternity leave and 15 days of nursing leave for their spouses, in addition to the maternity leave provided by the state. During the leave, the salary will be paid as usual, and the benefits will remain unchanged.
Jiangxi Provincial Regulations on Population and Family Planning Article 43 Husbands and wives who give birth in accordance with the provisions of laws, administrative regulations and these Regulations shall, in addition to the holidays prescribed by the State, have an additional 60 days of maternity leave and 15 days of nursing leave for the man. Holiday wages and bonuses will be paid as usual, and the benefits will remain unchanged.
Hebei Provincial Regulations on Population and Family Planning》 Article 32 Citizens who marry late and give birth later shall be rewarded. Late marriage is considered to be a late marriage if the marriage is postponed for more than 3 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. If the marriage is delayed, the marriage leave shall be rewarded with 15 days; 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.
Zhejiang Provincial Population and Family Planning Regulations》 Article 30 Couples who have children after January 1, 2016 in accordance with the provisions of laws and regulations may receive the following benefits:
1) After the expiration of the statutory maternity leave, the female shall enjoy 30 days of incentive leave, which will not affect the promotion, adjustment of wages, and calculation of length of service; The employer may grant other preferential treatment according to the specific circumstances;
2) The husband is entitled to 15 days of nursing leave, and his salary, bonus and other benefits are paid accordingly.
Sichuan Provincial Regulations on Population and Family Planning Article 26 Couples who give birth to children 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 the man's nursing leave by 20 days. Maternity leave and nursing leave are regarded as attendance, and the salary and benefits remain unchanged.
Regulations of Shanghai Municipality on Population and Family Planning Article 31 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 prescribed by the State. In addition to the maternity leave provided by the state, the woman can also enjoy another 30 days of maternity leave, and the man can enjoy 10 days of spousal 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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Nursing leave is a specific leave for a man to give birth to a spouse for nursing care, which is not specifically regulated by the State and is provided for by some local regulations. For example, Article 60 of the Guizhou Provincial Regulations on Population and Family Planning stipulates that if a staff member of a state organ or an employee of an enterprise or institution marries late, in addition to enjoying the marriage leave stipulated by the state, he or she shall be given an additional 10 days of marriage leave; In the case of late childbirth, in addition to the maternity leave provided by the state, the woman shall have an additional 30 days of maternity leave, and the man shall enjoy 7 days of nursing leave; During the maternity leave, if the "Certificate of Honor for Parents of a Single Child" is issued, the maternity leave shall be increased by 90 days; Those who undergo birth control surgery are entitled to leave in accordance with regulations. The salary during the above holidays will be paid as usual, and the benefits will remain unchanged, which will not affect attendance, assessment and promotion, promotion and salary increase.
Article 3 of the Labor Law clearly stipulates that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational skills training, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law. Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics. Legal basis:
Article 56 of the Full Text of the Social Insurance Law Employees may enjoy maternity allowance in accordance with the provisions of the State under any of the following circumstances: (1) Female employees are entitled to maternity leave for childbirth; (2) Enjoy 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 wage of the employee in the previous year of the employer.
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The duration of the man's nursing leave varies depending on the region. For example: 7 days in Shandong Province; 15 days in Liaoning Province; 15 days in Jiangxi Province; 10 days in Hebei Province; 15 days in Zhejiang Province; 20 days in Sichuan Province; 10 days in Shanghai, and if the husband and wife live in different places, the husband will be given 20 days of nursing leave, etc.
The group celebrates filial piety.
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The man's nursing leave is 15 days. 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 in addition to the maternity leave prescribed by the state, and their spouses shall enjoy 15 days of paternity leave in Jiandong.
What materials do you need to repent of taking nursing leave?
The following documents are required to take nursing leave:
1. ID card;
2. Marriage certificate;
3. Birth permit;
4. Birth certificate;
5. Only child certificate.
Legal basis: 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 can be increased by 15 days for each additional child.
Female employees who have miscarriage before 4 months of pregnancy are 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 8. For female employees who have participated in maternity insurance, the maternity allowance during maternity leave shall be paid by maternity insurance according to the standard of the average monthly salary of employees of the employer in the previous year; For those who have not participated in the maternity insurance, the employer shall pay the salary of the female employee before the maternity leave.
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