Husband paternity leave with pay

A, husband paternity leave with pay

1, male paternity leave is paid. A man who has paid social security for six consecutive months before the woman gives birth can declare the male nursing leave allowance. In accordance with the laws and regulations of the birth of a child, the male unit to give seven days of nursing leave; male paternity leave, you can use their own maternity insurance reimbursement of paternity leave wages. Due to the different levels of economic development in each region, the relevant regulations on paternity leave are also slightly different.

2, the legal basis: the Chinese people's *** and the State Social Insurance Law Article 53

Employees should participate in maternity insurance, by the employer in accordance with the provisions of the State to pay maternity insurance premiums, the employee does not pay maternity insurance premiums.

Article 54

Where an employer has paid maternity insurance premiums, its employees shall be entitled to maternity insurance benefits; the employee's unemployed spouse shall be entitled to maternity medical expenses in accordance with State regulations. The required funds are paid from the Maternity Insurance Fund. Maternity insurance benefits include maternity medical expenses and maternity allowances.

Two, husband paternity leave maternity allowance

Husband paternity leave maternity allowance, can get maternity allowance is legal. The unit to pay maternity insurance, and in line with the relevant local policy can apply for maternity allowance, the employee data ready, the unit is responsible for the declaration, generally according to the local average social wage standard by maternity insurance to pay. Units to pay maternity insurance, if the employee's salary is lower than the average social wage enterprises can not pay wages, if the employee's salary is higher than the social insurance, the enterprise has to make up the difference between the unit for the payment of maternity insurance or do not meet the conditions for maternity allowance, the general enterprise according to the contract wage standard for payment of wages, or every month, the normal wage standard for payment. But paternity leave maternity allowance, general contractual wages prevail is not wrong, the man has taken paternity leave situation, does not affect the woman to claim maternity allowance.