Paid paternity leave must be secured, top court affirms

Payment for male employees during paternity leave must be secured, China's top court reaffirmed on Tuesday by disclosing details of an influential case.

In the labor dispute, a photographer named Li sued the clothing company he had worked for in Jiangsu province to a local court after the employer did not pay him during his paternity leave.

Li asked for a leave and returned home on July 2, 2021, due to his wife's pregnancy. The next day, his son was born. In the following days, he accompanied and looked after the new mom and child, and he did not work until July 20 of that year.

When he settled his salary, he found the company had not paid him for the leave, so he initiated the lawsuit against the employer.

The local court cited the Jiangsu provincial population and family planning regulation, saying that men are entitled to no less than 15 days of paternity leave and should be paid during the period.

Therefore, the court ruled in favor of Li, ordering the company to pay for his 15 days' leave.

The SPC said that male employees have the right to apply for paternity leave to look after their wives and newborns during childbirth, stressing that the payment for them during the period must be guaranteed.

Paternity leave can urge men to take on the responsibility of fathers and husbands and also help strengthen equality and cooperation between men and women in reproductive affairs, the SPC said.

The implementation of the leave is conducive to the healthy growth of the next generation, the further improvement of the fertility support policy system and the high-quality development of the population, it added.