Male employees are entitled to nursing leave according to law after their wives give birth to children. On April 30, the Supreme People's Court issued six typical cases of labor disputes, saying that it would continue to strengthen the guidance for the trial of labor dispute cases and solidly and effectively promote the protection of workers' rights and interests.
The surging news noticed that the aforementioned typical cases involved disputes in terms of rest and vacation, competition restrictions, labor contracts, etc. One case shows that in the labor dispute case between Li and a clothing company, Li accompanied his wife to give birth and asked the employer to pay nursing leave wages, which was supported by the people's court according to law.
On May 5, 2021, Mr. Li went to a clothing company to engage in photography. Since his wife was expecting to give birth, Mr. Li went home to accompany her in childbirth from July 2, 2021 and did not attend the work again. The son of Mr. Li was born on July 3, 2021. On July 20, 2021, Mr. Li returned to a clothing company and continued to work until November 17, 2021. On November 18, 2021, a conflict occurred when Mr. Li went to a clothing company to settle his salary. Li applied to a labor and personnel dispute arbitration committee for arbitration, and requested a clothing company to pay nursing leave wages. A labor and personnel dispute arbitration committee concluded the case. Li appealed to the people's court.
The trial court held that, according to Article 24 of the Regulations of Jiangsu Province on Population and Family Planning, for couples who have children in line with the provisions of these Regulations, the women's maternity leave shall be extended for not less than 30 days on the basis of the national maternity leave, and the men's nursing leave shall be extended for not less than 15 days. The leave shall be regarded as attendance, and the wages shall be paid within the specified leave. Li is deemed to be on duty during nursing leave, and a clothing company should pay wages. The trial court supported Li's claim that a clothing company should pay 15 days' nursing leave salary.
"The paternity nursing leave is the right of male employees to take care of their wives and children during their childbearing period." The Supreme Law pointed out in explaining the typical significance that in this case, the people's court ordered the employer to pay the wages of male employees during the nursing leave, which helps guide the employer to strictly implement relevant national regulations, Giving full play to the role of men as indispensable husbands and fathers in childbirth, and strengthening the equal cooperation between the sexes in reproductive affairs are conducive to the healthy growth of the next generation, the further improvement of the reproductive support policy system, and the high-quality development of the population.
The surging news observed that, in the face of the increasingly diverse judicial needs of workers, the Supreme Court strengthened judicial guidance, made and issued judicial interpretations, judicial proposals, normative documents, issued typical cases, supported and standardized new forms of employment, strengthened the protection of the rights and interests of over age workers, consolidated and expanded the results of eliminating wage arrears, and took multiple measures to implement China's labor employment and social security system.
The Supreme Law emphasized that the people's courts should guarantee the basic needs of workers, such as wages and incomes, and constantly meet the higher requirements of workers in terms of confirming labor relations, equal employment, rest and vacation, so as to promote full employment of high quality and achieve decent work; The people's court has constantly improved the rules of adjudication in the labor dispute trial, making it clear that the employer has a compulsory obligation to conclude a labor contract when the worker meets the requirements of concluding a labor contract with no fixed term, and the worker has a unilateral option.
