15 days paternity leave wage calculation formula

/kloc-The calculation of 0/5 days paternity leave salary is divided into two situations:

1. If the employer buys maternity insurance for employees, the wages of employees during paternity leave shall be paid by the maternity insurance fund according to the local social average wage standard; If the wages of employees are higher than the local average wage standard, the employer shall make up the difference;

2. If the employer fails to purchase maternity insurance for employees, the employer shall pay the wages during paternity leave according to the average wage of employees.

1. Does paternity leave have to last 15 days?

Paternity leave shall not be taken for 15 consecutive days. Details are as follows:

1. According to the relevant regulations, female employees of government agencies, enterprises, institutions, social organizations and other organizations who give birth according to regulations are entitled to maternity leave for 30 days, and their spouses are entitled to paternity leave 15 days. During the vacation of female employees and their spouses, organs, enterprises, institutions, social organizations and other organizations shall not reduce their wages, dismiss or terminate their labor or employment contracts;

2. The employing unit shall abide by the provisions on the scope of labor prohibited for female employees. The employing unit shall inform the female employees in writing of the positions in the unit that belong to the scope of labor prohibited for female employees.

2. What if the employer does not give paternity leave?

If the employer does not grant the employee paternity leave, the employee should first communicate with the employer and ask the employer to implement local regulations (local regulations are legally binding on their location); If communication fails, you can report the situation to the local family planning department or the labor department and request administrative relief; If necessary, you can apply for labor arbitration (local regulations can be used as legal support for arbitration). If you have any questions about applying for labor arbitration, you can consult a professional lawyer.

Paternity leave for men is beneficial to the health of mothers and babies. During maternity leave, women are weak and need the care of their husbands. Moreover, pregnant women often have greater psychological pressure and are prone to mood swings. The care of the husband around can help the wife and baby get better care, and also help to eliminate the tension of the parturient, which is of great help to the smooth delivery, postpartum recovery and breastfeeding. If men also enjoy "maternity leave" in the future, it will undoubtedly eliminate discrimination against women in employment and help create equal social status for men and women.

To sum up, the salary of employees during paternity leave is calculated according to the monthly salary standard agreed in the labor contract, that is, the maternity leave book is multiplied by the average daily salary of each month during normal work. At the same time, during paternity leave, benefits and attendance rewards will not be affected.

Legal basis:

Article 53 of the Social Insurance Law of People's Republic of China (PRC)

Employees shall participate in maternity insurance, and the employer shall pay maternity insurance premiums in accordance with state regulations, and employees shall not pay maternity insurance premiums.

Article 54

The employer has paid maternity insurance, and its employees enjoy maternity insurance benefits; Unemployed spouses of employees enjoy 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 allowance.