Paternity leave regulations

Relevant provisions on maternity leave treatment

One is maternity leave, and wages are paid according to sick leave. Maternity leave is certified by the doctor, so the salary is paid as sick leave.

The second is prenatal leave, and the salary is 80%. If you are pregnant for more than 7 months and have a work permit, you can take two and a half months' prenatal leave upon your own application and the approval of the unit. For some cases that must be given leave according to local laws and regulations, the unit shall approve the leave, and the salary shall be paid according to 80% of the employee's salary standard in the previous month.

Third, maternity leave and maternity allowance. In areas where social pooling of maternity insurance is implemented, the payment standard shall be paid according to the average monthly salary of employees of this enterprise in the previous year; In areas where social pooling of maternity insurance is not implemented, maternity allowance is paid by enterprises or units, and the standard is the basic salary and price subsidy of female employees before childbirth.

The national statutory paternity leave is 65,438+05 days. Paternity leave refers to couples who are legally registered to get married. During maternity leave, the man enjoys the right to care for each other for a certain period of time. Male is twenty-five years old, and the first marriage of female over twenty-three years old is late marriage; If a married woman gives birth at a late age or gives birth to her first child over the age of 24, it is regarded as late childbirth. Couples who marry late and have children late enjoy the following preferential treatment: if state staff and employees of enterprises and institutions marry late, the marriage leave is 30 days; In case of late childbirth, maternity leave 105 days, and the man is given nursing leave 15 days; Couples of childbearing age are urban residents, and those who receive the Honor Certificate of the Only Child Parents enjoy preferential treatment and rewards: if they receive it before the maternity leave expires, the maternity leave for the woman will be increased by 50 days, and the nursing leave for the man will be increased by 5 days.

How to pay paternity leave wages?

Because paternity leave is legal, when men take paternity leave, employers also need to pay their employees. There are two ways to pay the accompanying salary:

1. If the employer pays social insurance premiums (including maternity insurance) for employees according to law, the wages of employees during paternity leave shall be paid by the social security center after being applied by the employer. Paternity leave wages are usually paid according to local social wage standards. When the employee's salary is higher than the social wage standard, the employer will make up the difference.

2. If the employer fails to pay social insurance premiums for the employees according to law, the wages of the employees during the paternity leave period shall be calculated by the unit according to the average payment wage base of 12 months before the spouse gives birth.

Where a worker takes annual leave, marriage leave or maternity leave, the employing unit shall pay wages according to the standards agreed in the labor contract. If there is no agreement in the labor contract, it shall be paid according to the wages actually paid during normal working hours.

Legal basis:

Special provisions on labor protection for female employees

Article 7

Female employees enjoy 98 days of maternity leave, including prenatal leave 15 days; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child.

Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.