[Direct answer]Beijing is 15 days. According to the Regulations on Population and Family Planning of Beijing Municipality, the husband enjoys a paternity leave (care leave) of 15 days, with his salary, bonuses, and welfare benefits remaining unchanged and being paid by his employer as usual. The number of days varies in different regions (most provinces are between 7 and 30 days), and the regulations are based on the woman's household registration or the man's work location. The care leave should generally be used during the spouse's maternity leave and, in principle, be taken continuously. Specific arrangements can be discussed with the employer. If the employer refuses to approve or deducts the salary, it is an illegal act, and the employee can file a complaint with the labor supervision department and apply for labor arbitration.

I. Problem Background and Typical Scenarios

The wife's delivery was imminent, and the man requested paternity leave from his company, but received various responses: "Our company doesn't offer this leave," "You can only take sick leave," and "If you take leave, your full attendance bonus will be deducted." Although paternity leave has been legislated for many years, its implementation has been uneven across different companies—disputes over the number of days allowed, salary deductions, and whether the leave can be taken separately are the three most common issues faced by new fathers.

II. Key points of dispute

First, the number of days of nursing leave depends on the applicable conditions; second, the guarantee of salary during the leave; third, whether it can be used in stages and at what point in time; fourth, the remedies available if the unit refuses to approve the leave.

III. Professional analysis by Henglue Lawyers

The first tier concerns the source of the rules: Nursing leave (paternity leave) is stipulated by the population and family planning regulations of various provinces. It is not a nationally uniform statutory holiday but is equally mandatory—in Beijing, it lasts 15 days; in many regions, it ranges from 10 to 15 days; and in some provinces, it lasts 30 days. Employees working in other regions are generally subject to the standards of the employer's location, with exceptions allowed through negotiation. The second tier focuses on benefit guarantees: During nursing leave, wages and benefits should be paid as usual, without deducting from annual leave or sick leave quotas. Employers may not reduce salaries by deducting attendance bonuses or performance incentives. If denied leave or subject to wage deductions, employees can file complaints with labor supervision authorities or seek compensation for wage differences through labor arbitration within one year. The third tier addresses usage rules: Generally, nursing leave must be taken during the spouse's maternity leave, with many regions supporting continuous leave. However, there are inconsistent local policies on splitting or extending leave across maternity periods. In Beijing, continuous leave is the norm, with exceptions subject to negotiation with employers. Re-married couples or families with second or third children are also eligible, without discrimination based on childbirth numbers. The fourth tier relates to evidence and claims: Employees can apply by submitting their spouse's birth certificate or maternity service materials. Requests for additional documents (e.g., marriage certificates and birth certificates) are reasonable but excessive demands can be rejected. Communication during leave requests should be documented in writing, and screenshots of denial notifications should be preserved. Moreover, nursing leave differs from annual leave and sick leave. Employers who deduct nursing leave from annual leave or apply sick leave deductions are violating legal rights, which can be legally rectified. Nursing leave is a legally binding right enshrined in local legislation, not a voluntary welfare benefit. Complaints and arbitration mechanisms provide clear remedies for denials. From an employer's compliance perspective, incorporating nursing leave into attendance systems and clarifying application procedures incurs minimal costs while avoiding arbitration risks associated with each childbirth case.

IV. Practical suggestions and legal basis

The first step is to apply for nursing leave in writing to the employer before and after childbirth, and attach the birth certificate. The second step is to check whether the wages and benefits during the leave are paid in full. The third step is to file a complaint with the labor supervision department if the application is rejected or the wages are deducted, and to apply for arbitration within the one-year statute of limitations if unsuccessful. The fourth step is to confirm the leave arrangements with the employer in writing as much as possible to avoid verbal disputes. The main legal basis is the provisions on paternity leave in the "Regulations on Population and Family Planning of Beijing Municipality" and the provisions on wage payment in the "Labor Law of the People's Republic of China" (amended in 2018); the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

The three key points of nursing leave: a 15-day leave in Beijing, no reduction in benefits, and the right to appeal for arbitration if rejected—this leave is a legal entitlement for new fathers, not something they have to beg for. For disputes regarding nursing leave and maternity benefits, you can seek legal recourse through the relevant channels.Labor arbitration and work-related injury compensationObtain a comprehensive solution for the service; for cases involving salary deduction and recovery, you can combine it with other measures.Special servicesPlate; for matters related to the implementation of treatment, you can refer to it for reference.Creditor's rights and debts, and enforcementColumn; if it involves other labor rights and interests, you can consult us for adviceBusiness and contract disputes in enterprisesThe team is responsible for the labor-related matters.

VI. Frequently Asked Questions

Q1: How is the salary paid during nursing leave?

The salary, bonuses, and welfare benefits remain unchanged and will be paid according to normal attendance. Any deduction of full attendance bonuses or performance appraisals to reduce salaries is illegal. Employees can claim back the difference based on their salary records and compare it with the salary before and after the leave.

Q2: Can nursing leave be taken in segments?

The principle is to take a one-time continuous leave. In special circumstances, it can be discussed with the unit to take a phased leave. The specific arrangements shall be subject to the regulations of the unit's location. In practice in Beijing, most units accept the arrangement of taking a one-time leave.

Q3: Can I still take nursing leave for my second and third children?

Yes. Nursing leave is granted according to the number of children born, without any discrimination or reduction due to the number of children born; each childbirth corresponds to a full 15-day leave, regardless of whether the previous one was taken or not.

Q4: What should I do if my unit doesn't approve my nursing leave?

After leaving a written record, you can file a complaint with the labor supervision authority, or apply for labor arbitration within the one-year statute of limitations to claim your right to take leave and the difference in compensation.

Q5: Which standards are used to evaluate employees working in different regions?

Generally, it shall be implemented in accordance with the local regulations of the employer's location. For couples living apart, they may negotiate with their employers to refer to higher standards. The negotiation results shall be confirmed in writing to avoid retroactive calculation according to lower standards in the future.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence, 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 open 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.