[Direct answer]In the Beijing area, men can take 15 days of paternity leave (care leave), which should generally be used during the woman's maternity leave and can be arranged continuously or in segments, subject to the specific provisions of the unit's rules and regulations. During the paternity leave, the employee's salary will be paid as usual, and welfare benefits will remain unchanged, which is considered normal attendance. In most provinces across the country, the paternity leave lasts around 15 days, and some provinces offer even longer periods. Employers are not allowed to deduct wages or terminate contracts due to male employees taking paternity leave.

I. Problem background and typical scenarios

Common disputes over paternity leave: The employer refuses to grant leave or only approves a few days on the grounds of "staff shortage"; employees who take paternity leave are deducted from their performance or full attendance bonuses; employees who work across provinces don't know which local standards to follow; whether paternity leave can be postponed until after maternity leave ends or combined with annual leave. Although paternity leave for male employees has been included in local population and family planning regulations and become a statutory holiday, the phenomenon of "depending on the employer's mood" in terms of implementation is still quite common.

II. Key points of contention

First, the number of days and the basis for calculation. In Beijing, according to the "Regulations on Population and Family Planning in Beijing", the male spouse is entitled to 15 days of paternity leave; for those working in other regions, the leave standard is generally implemented in accordance with the provisions of the labor contract performance location or the employer's registered address, with the principle of providing the highest protection. Second, wage treatment. Paternity leave is considered as attendance, and normal wages should be paid; the practice of deducting performance bonuses and full attendance awards lacks a legal basis. Third, leave arrangements. Generally, paternity leave should be taken during the female spouse's maternity leave. Whether it can be split or postponed varies from region to region. Where the unit's rules provide for it, the unit's arrangements shall prevail, but the right to take paternity leave shall not be substantially deprived.

III. Professional analysis by Henglue Lawyers

The process of claiming paternity leave rights is not complicated, but the key lies in evidence collection and timing. **Step 1**: Submit a written application. Submit the leave request in writing or via traceable channels (email, OA system, chat records), specifying the woman's due date and hospital certificate. **Step 2**: Review company policies. Check the company's employee handbook regarding paternity leave provisions. If the company's rules fall below legal standards, such provisions are illegal and invalid. **Step 3**: Preserve benefit records. Keep pay slips and attendance records during the leave period. If there are salary deductions or attendance-related penalties, use these records to challenge the employer. **Step 4**: Escalate disputes. If the company denies the leave or deducts wages, first report the issue to the labor union or HR department. If no resolution is reached, file a complaint with labor inspectors or initiate labor arbitration to claim wage compensation. Terminating a contract during paternity leave is an illegal action, allowing claimants to demand continued employment or compensation. Three common practical pitfalls to note: 1. **Paternity leave and parental leave are separate entitlements**: In Beijing, parental leave is granted based on the number of children, with each child receiving a certain number of days per year. These cannot be conflated. 2. **Paternity leave must be used consecutively or in segments during maternity leave**: Employers cannot indefinitely delay approval by citing "end-of-year workload" as there is no legal basis for this. 3. **Probationary employees are also entitled to paternity leave**: Refusing approval on the grounds of probationary status is unlawful. For employers, paternity leave is a statutory cost, not a welfare burden. Establishing clear application procedures and approval deadlines reduces disputes and enhances compliance. Beijing labor arbitration rulings on paternity leave wage cases are relatively consistent, with high support rates for male employees claiming wage compensation. Key evidence includes proof of application and deductions.

IV. Practical suggestions and legal basis

The first step is to report in advance: After the due date is confirmed, apply to the employer in writing and attach proof. The second step is to arrange the leave: Confirm with the employer whether the leave will be continuous or segmented, and the start date, to avoid verbal agreements. The third step is to check the benefits: Check the wage composition monthly during the leave, and clarify the basis for performance and full attendance deductions. The fourth step is to prepare evidence for rights protection: Archive the application record, hospital certificate, and wage records, and be ready for arbitration at any time. The main legal basis includes: the provisions on paternity leave in the current version of the "Beijing Population and Family Planning Regulations"; the provisions on wage payment in the "Labor Law of the People's Republic of China" (amended in 2018); and the supporting provisions on maternity leave in the "Special Regulations on Labor Protection for Female Employees" (implemented in 2012). The specific duration and benefits shall be subject to the current effective laws and local regulations.

5. Henglue Law Firm's Advice

Paternity leave may seem like a trivial matter, but it actually tests the compliance of the employer's policies: whether to approve it, whether to deduct wages, and how to calculate it. Every step should be based on regulations and legal provisions. If male employees encounter situations where paternity leave is not approved or wages are deducted, they should first document the situation, then communicate with the employer, and finally seek arbitration. By following this process, they can usually successfully reclaim their rights. For disputes involving holiday pay, they can seek resolution through legal channels.Labor disputes and work-related injury compensationFor a comprehensive solution to services involving maternity allowances and social insurance benefits, please refer to the special topic on maternity benefits in this batch. For those concerned with the compliant design of corporate leave systems, please consult the relevant materials.Business and contract disputes in enterprisesFor those interested in labor arbitration representation, you can pay attention to the following platformsSpecialised legal servicesThere are some aspects worth paying attention to regarding the holiday system and the construction of an employment compliance systemIntellectual property protection and corporate law板块。

VI. Frequently Asked Questions

Q1: Can paternity leave be taken in stages?

In most regions, continuous or phased arrangements are allowed, subject to the unit's system and local regulations. The unit's system shall not substantially deprive employees of their right to take leave.

Q2: Does taking paternity leave affect the year-end bonus?

Paternity leave is considered as attendance, and the employer shall not deduct the statutory benefits accordingly; for floating bonuses linked to actual attendance, they shall be judged on a case-by-case basis in accordance with the system and the principle of fairness.

Q3: Can the woman still take paternity leave after her maternity leave ends?

It is generally required to be used during maternity leave; in some regions, it is allowed to be postponed appropriately. The specific arrangements should be subject to local regulations and consultation with the employer.

Q4: What should I do if my employer doesn't approve paternity leave?

First, send a written notice and keep a record of it, then file a complaint with the labor supervision authority; thus, those who have had their salaries deducted can apply for arbitration to claim the difference, and those who have been dismissed can claim compensation for illegal dismissal.

Q5: According to which standard should employees working in different regions take their leave?

Generally, it is implemented in accordance with the provisions of the place of performance of the labor contract or the registered address of the unit. If the standards of the two places are different, the unit and the employee shall consult and determine the standard in accordance with the principle of ensuring the highest protection for the employee.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·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 you encounter disputes, please consult a practicing lawyer in time.