Is the paternity leave salary paid by the company or the social security bureau?

Legal analysis: the medical expenses of female workers' childbirth or abortion shall be paid by the maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.

Paternity leave, that is, couples registered for marriage according to law, during which the woman enjoys maternity leave and the man enjoys the right to take care of each other for a certain period of time. 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. There are two ways to settle incidental wages:

1. If the employer buys maternity insurance for its employees, the employer will apply to the relevant departments for the wages of the 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 basis: Article 8 of the Special Provisions on Labor Protection for Female Employees stipulates that maternity allowance for female employees during maternity leave shall be paid by 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.