If the local laws and regulations stipulate that the man has paternity leave, it is illegal for the company not to give paternity leave, and it can report to the labor inspection department. According to the laws of China, workers enjoy equal employment and career choice, labor remuneration, rest and vacation, labor safety and health protection, vocational skills training, social insurance and welfare, labor dispute settlement and other labor rights as stipulated by law. If the employer does not grant the employee paternity leave, the employee should first communicate with the employer and ask the employer to implement the local regulations; If communication fails, you can report the situation to the local family planning department or the labor department and request administrative relief; You can apply for labor arbitration when necessary.
Legal basis: Article 7 of the Special Provisions on Labor Protection for Female Workers.
Female employees enjoy 98 days of maternity leave, including prenatal leave 15 days. In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave can be increased by 1 5 days for each additional child.
Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave. Abortion after 4 months of pregnancy is entitled to 42 days of maternity leave.
Article 8
Maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of 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.
Medical expenses incurred by female workers in childbirth or abortion shall be paid by maternity insurance fund according to the items and standards stipulated in maternity insurance. Did not participate in maternity insurance, paid by the employer.