Parental care leave how to stipulate

Parental care leave state has no uniform regulations, the specific number of days by each region to provide for their own. Most of the places to receive a one-child parent honorary certificate of the elderly hospitalization, the child's unit should be given a total of not less than 20 days per year nursing leave, nursing leave is considered to be attendance, the unit can not be deducted from the employee's wages.

I. Paternity leave wage payment standards:

1. If the employer has paid social insurance premiums (including maternity insurance) for the employee according to law, the wages during the paternity leave shall be paid by the employer to the social security center after applying to the social security center.

2. Paternity leave is usually paid in accordance with the local social wage standard, and if the employee's wage is higher than the social wage standard, the employer will make up the difference.

3. If the employer does not pay social insurance premiums for the employee in accordance with the law, the employee's wages during paternity leave will be calculated by the employer in accordance with the average wage base for the 12 months prior to the time of the spouse's birth.

Second, the conditions of dismissal of pregnant female workers:

1, serious violation of labor discipline or the rules and regulations of the employer;

2, serious dereliction of duty, self-serving, causing significant damage to the interests of the employer;

3, or the worker at the same time with other employers to establish a labor relationship, which has a serious impact on the completion of the unit's tasks, or upon the employer's request, refused to accept the request, the employer will not accept the request. Or if the employer refuses to correct the situation upon the employer's request;

4. If the worker is investigated for criminal responsibility according to the law, the employer is not required to pay the economic compensation. However, if it is not one of the above cases, and the employer dismisses a female employee during the nursing period, the employer shall pay the economic compensation, additional economic compensation, etc.

Legal basis: "The People's Republic of China"

Article 47 The economic compensation shall be paid to the workers according to the number of years they have worked for the organization, and one month's salary shall be paid to the workers for each year of service. If the period of employment is more than six months but less than one year, it shall be calculated as one year; if it is less than six months, the economic compensation shall be paid to the laborer at the rate of half a month's wage. If the worker's monthly wage is more than three times the average monthly wage of the workers in the region for the previous year as announced by the people's government of the municipality directly under the central government or of the city that has set up the district where the employer is located, the standard for paying him or her economic compensation shall be paid at the rate of three times the average monthly wage of the workers, and the maximum number of years for which economic compensation shall be paid to him or her shall be no more than twelve. The monthly wage referred to in this article refers to the average wage of the worker in the twelve months prior to the termination or suspension of the labor contract.

Article 87 Where an employer violates the provisions of this Law by terminating or suspending a labor contract, it shall pay compensation to the worker in accordance with two times the standard of economic compensation stipulated in Article 47 of this Law.