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How to apply for paternity leave pay from the Social Security Bureau?

Legal subjectivity:

1. Whether the paternity leave salary is paid by the company or the Special Provisions on Labor Protection for Female Employees of the Social Security Bureau clearly stipulates: Article 8 The maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the average monthly salary of employees in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave. Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer. Second, how to calculate the wages of male employees during paternity leave, that is, legally registered couples, the woman enjoys the right to take care of each other for a certain period of time during maternity leave. The labor law and other relevant laws and regulations do not make clear provisions on paternity leave, which depends on the actual provisions of provinces, autonomous regions and municipalities directly under the Central Government, and is basically found in family planning regulations in various places, and its legal status is not high. Of course, there are still cases where there is paternity leave in some places and there is no paternity leave in some places. During the period of paternity leave, the employer must also pay the employee wages. Paternity leave wages can be settled in two ways: 1. If the employer handles maternity insurance for employees, the employer will apply to the relevant departments for the wages of employees during paternity leave. During paternity leave, wages are generally paid according to the local average wage standard. If the wages of employees are higher than the average social wage standard at that time, the employer shall make up the difference. 2. If the employer fails to purchase maternity insurance for the employees, it shall pay the wages of the employees during the paternity leave according to the standard of the contract wages of the employees.

Legal objectivity:

Article 7 of the "Special Provisions on Labor Protection of Female Employees" allows female employees to enjoy 98 days of maternity leave, including 15 days before delivery; 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. Interim Provisions on Payment of Wages Article 11 During the period when employees enjoy annual leave, family leave, marriage leave and funeral leave according to law, the employing unit shall pay wages to employees according to the standards agreed in the labor contract.