Labor law paternity leave provisions 2022

A, 2022 law paternity leave provisions are how many days

1, 2022 law paternity leave provisions are generally 7 days, late marriage and late parenthood can be extended to 10 days. Paternity leave, also known as paternity leave, i.e., married couples registered in accordance with the law, the woman enjoys maternity leave, the man enjoys the right to have a certain period of time to watch and care for each other.

2. Legal basis: Article 7 of the Special Provisions on Labor Protection for Female Workers and Employees

Female workers shall be entitled to 98 days of maternity leave for the birth of a child, of which 15 days may be taken before the birth of the child; in case of a difficult birth, the maternity leave shall be increased by 15 days; and in case of the birth of a multiple child, the maternity leave may be increased by 15 days for each additional child.

Women workers who have miscarried before the fourth month of pregnancy shall be entitled to 15 days of maternity leave; those who have miscarried after the fourth month of pregnancy shall be entitled to 42 days of maternity leave.

Article 8

The maternity allowance during the maternity leave of a female worker shall be paid by the Maternity Insurance Fund in accordance with the standard of the average monthly salary of the employees of the employing organization in the preceding year for those who have joined the maternity insurance; for those who have not joined the maternity insurance, the allowance shall be paid by the employing organization in accordance with the standard of the salary of the female worker prior to the maternity leave.

Medical expenses incurred by female workers in connection with childbirth or miscarriage shall be paid by the Maternity Insurance Fund in accordance with the items and standards stipulated in the Maternity Insurance for those who have participated in the Maternity Insurance; for those who have not participated in the Maternity Insurance, they shall be paid by the employing unit.

Second, how to apply for paternity leave

1, if the employer has paid social insurance premiums for the employee in accordance with the law, the wages during the paternity leave should be paid by the employer after applying to the social security center. Paternity leave wages are 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.

2. If the employer does not pay social insurance premiums for the employee according to the law, the employee's salary during the paternity leave will be calculated by the unit according to the average contributory salary base for the 12 months before the time of the birth of the spouse.