[Direct answer]Male employees have paternity leave (also known as nursing leave). According to the "Regulations on Population and Family Planning in Beijing" (amended on November 26, 2021), couples who give birth to children are entitled to 15 days of paternity leave, during which the male employee's salary will be paid in full and his welfare benefits will remain unchanged. Paternity leave should generally be used reasonably before and after the spouse gives birth. The specific start and end dates can be negotiated between the couple and the employer, but the employer may not refuse to approve or deduct the employee's salary without a valid reason. If the employer refuses to approve the leave, deducts the employee's salary as sick leave, or treats it as absenteeism, this constitutes an infringement of the employee's legitimate rights and interests. The employee may first negotiate with the employer and, if the negotiation fails, apply for labor arbitration. For more details, please refer to the relevant provisions.Labor arbitration and legal services for work-related injury compensation.

1. Problem background and typical scenarios

Paternity leave is a right that many male employees often overlook. Common situations include: the employer refusing to grant leave by saying "the company doesn't offer this benefit"; treating paternity leave as unpaid leave and deducting wages; requiring employees to use annual leave to offset the paternity leave; or reducing the number of days of leave allowed. Some workers may not know that the paternity leave in Beijing lasts 15 days and mistakenly believe it's only 7 days. When handling similar cases in the Beijing area, it is recommended that employers follow the relevant regulations and ensure that employees' rights are protected in accordance with the law.Beijing Hengluo Law FirmUnder guidance, claim your rights. For more details on the relevant rules, please refer to the column page.

II. Key points of contention

The controversy focuses on three points. First, the legal basis for paternity leave: Paternity leave is stipulated by local regulations on population and family planning, and Beijing specifically requires 15 days of paternity leave. Employers are not allowed to use internal rules to override statutory holidays. Second, unchanged benefits: During the leave period, "salary shall be paid in full, and welfare benefits shall remain unchanged". Employers are not allowed to reduce salaries, deduct annual leave, or record the leave as absenteeism. Third, use and proof: Paternity leave should be arranged during the spouse's childbirth period. It is recommended to submit a written application with supporting documents such as the birth certificate and keep the approval records. In practice, the most common form of infringement is for employers to treat paternity leave as personal leave.

III. Professional analysis by Hengluo Law Firm

The logic of providing evidence and protecting rights after labor rights are infringed is consistent with the following case handled by our firm. Henglu Law Firm has accumulated mature experience in evidence collection and defense in similar labor disputes. Taking a labor dispute case handled by Attorney Feng Na of Beijing Henglu Law Firm as an example, we can see the key points of providing evidence and defending against illegal termination. Li * *, a worker, joined Beijing A Technology Co., Ltd. on November 17, 2022. The two parties signed a labor contract with a term ending on November 16, 2025, stipulating a base salary of 35,000 yuan per month and a performance-based salary of 5,000 yuan per quarter. The employment offer stated an annual salary of 550,000 yuan, including an end-of-year performance bonus of 110,000 yuan. On March 19, 2025, A Company terminated the employment relationship on the grounds of "economic layoffs" and paid an economic compensation of 9,080 yuan. Li * * argued that the layoffs were not reported to the labor administrative department and did not comply with legal procedures, constituting an illegal termination. The case was heard by the Beijing Chaoyang District Labor and Personnel Dispute Arbitration Commission. The arbitration award confirmed the existence of a labor relationship between the two parties, and A Company was ordered to pay 18,602 yuan for unpaid annual leave and a compensation of 91,821 yuan for illegal termination of the employment relationship. The company claimed that the layoffs were legal and that the labor contract did not stipulate an annual performance bonus. After taking on the case, Attorney Feng Na focused on key issues such as the statutory pre-procedures for economic layoffs and the binding force of the employment offer on both parties. She pointed out that the layoff reporting procedures stipulated in Article 41 of the Labor Contract Law of the People's Republic of China are mandatory, and failure to complete these procedures constitutes an illegal economic layoff. The salary provisions in the employment offer are legally binding on both parties. This case was handled by Beijing Henglu Law Firm.Feng NaAttorney (Practice Certificate No.: 11101202211562923, subject to the certificate issued by the judicial administrative organ) acting on behalf of the client.

IV. Practical suggestions and legal basis

The legal basis includes the provisions of the "Regulations on Population and Family Planning in Beijing" (amended on November 26, 2021) regarding the paternity leave for men and the extended maternity and parental leave for women; the provisions of the "Labor Law of the People's Republic of China" (implemented on January 1, 1995) regarding the workers' rights to rest and vacation; the provisions of the "Labor Contract Law of the People's Republic of China" (implemented on January 1, 2008 and amended in 2012) regarding the prohibition of unlawful salary reductions and dismissals; and the "Special Regulations on Labor Protection for Female Workers" (promulgated and implemented on April 28, 2012) as a supporting reference. Action list: 1. Submit a written application for paternity leave in advance based on the spouse's expected delivery date or birth certificate; 2. Clarify the number of days of leave and the start and end dates; 3. Check whether the salary is paid during the leave period; 4. Keep the application, approval, and salary records; 5. Seek legal protection promptly if rights are infringed. For more details, please refer to the following link: [Link].Labor arbitration and legal services for work-related injury compensation.

5. Henglu Law Firm's Advice

Paternity leave is a statutory right, not a company benefit, and internal rules and regulations cannot reduce it. When requesting leave, it is best to confirm the number of days and benefits in writing to avoid disputes later. If the company requires you to use annual leave or sick leave to offset the paternity leave, you should firmly refuse and keep the communication records. If your paternity leave pay is deducted, you can claim compensation within the arbitration time limit. When handling similar cases in the Beijing area, it is recommended that youBeijing Henglu Law FirmWith the help of professional lawyers, the statutory holidays were incorporated into the approval process and payroll system.

VI. Frequently Asked Questions

Q1: Do male employees in Beijing actually have paternity leave, and for how many days?

Yes. According to the "Regulations on Population and Family Planning in Beijing" (amended on November 26, 2021), the husband is entitled to 15 days of paternity leave, to be used during the spouse's childbirth. This is a statutory holiday, and the employer may not waive or discount it. The number of days is calculated based on calendar days, including rest days. The specific start and end dates can generally be arranged in consultation with the employer.

Q2: Who pays the paternity leave salary, and what kind of proof is required?

During the paternity leave, the employer shall pay the employee's salary in full and maintain the same welfare benefits, without deducting or offsetting them against other leave periods. Generally, the employee can request the leave by providing the spouse's birth medical certificate, the diagnosis certificate of childbirth, and a written application; it is recommended to keep the approval form and the salary payment records to verify whether the salary is paid in full and whether it is recorded as a sick leave or absence.

Q3: Is it necessary to take paternity leave together with maternity leave?

The law only requires that it be used during the spouse's pregnancy. There are no mandatory unified regulations regarding whether it should be used continuously or cover the wife's maternity leave. It can be determined through consultation between the employee and the employer. In practice, there are cases of full-time accompaniment and cases of using it in stages. It is recommended to communicate with the employer in advance to schedule the leave and confirm it in writing to avoid being denied a last-minute leave request.

Q4: What should I do if my employer doesn't approve paternity leave or deducts my salary as if it were a leave of absence?

First, file a written objection and request that the company handle it in accordance with the statutory paternity leave and reissue the salary; if the negotiation fails, collect evidence such as the labor contract, the paternity leave application, the birth certificate, the salary records, and the communication records. Apply for labor arbitration within one year of the arbitration statute of limitations and claim the reissued salary and the restoration of the attendance records. If the company punishes the employee for absenteeism, the employee can also claim the revocation of the punishment.

Q5: How long does it usually take to fight for paternity leave rights?

Labor arbitration cases are generally concluded within 45 days from the date of acceptance, and the time limit may be extended by 15 days in complex cases. For those who refuse to accept the arbitration award and file a lawsuit, the first-instance summary procedure takes three months and the ordinary procedure takes six months. If the case only involves the payment of several days' wages, the amount is not large but the procedure must still be completed. It is recommended to fix the evidence as soon as possible, prioritize consultation, and start arbitration if no agreement is reached to control the time cost.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Hengluo Law Firm for specific matters.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, to avoid missing the statutory time limit. →Labor arbitration legal services·Attorney Feng Na·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.