How much do you know about male employee’s paternity leave?

Article 25 of the revised “Population and Family Planning Law” in 2015 stipulates that, ” Couples that give birth to children in compliance with the provisions of laws and regulations may be entitled to rewards of longer maternity leave or other benefits.” This is the fundamental legal basis for male employee’s paternity leave. (The title of this leave is varied in different provinces and cities, such as “nursing leave” or “care leave”, and etc., we will use “male employee’s paternity leave” collectively in this article.) However, due to the lack of unified regulations on the number of days and benefits of such leave in national laws and regulations, in practice, it is mainly implemented in accordance with local population and family planning regulations.

We have sorted out the latest number of days and benefits of this leave in some provinces and cities as follows:

Number of days
10 Shanghai
15 Tianjin, Shandong, Hebei, Shanxi, Heilongjiang, Jiangsu, Zhejiang, Fujian, Hubei, Jiangxi, Guangdong, Hainan, Guizhou, Qinghai
20 Hunan, Sichuan, Chongqing, Xinjiang, Liaoning
25 Inner Mongolia, Ningxia, Jilin
30 Henan, Anhui, Gansu, Yunnan
Special circumstances In Beijing, a male employee could enjoy 15 days for this leave, but if his wife voluntarily waives her extended maternity leave for a specified number of days, then the male employee could enjoy such specified number of days as his paternity leave.
In Guangxi, a male employee could enjoy 5 days for accompanying his wife for prenatal checkups, and 15 days for taking care of his wife after delivery.
In Shaanxi, if a couple is living in the same city, the male employee could enjoy 15 days, and if the couple is living in different cities, the male employee could enjoy 20 days.

How to deal with the statutory holidays and rest days?
Both are postponed. Shandong, Hubei, Shaanxi, Zhejiang
Only statutory holidays could be postponed. Beijing, Shanghai, Jiangsu, Hainan, Sichuan
Both could not be postponed. Fujian, Guangdong, Tianjin, Henan, Gansu,  Chongqing

Benefits
Normal payment of wages In the vast majority of provinces and cities
Normal payment of wages, and no negative effect to the attendance bonus Shandong, Jiangsu, Sichuan
Special circumstances In Hubei, if enterprises have purchased special maternity insurance for male employees, they can apply for nursing allowances for male employees.

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