从我国现行政策看男性陪产假入法的可行性
发布时间：2019-05-22 00:14
【摘要】：男性陪产假,即男性在妻子生育时享受的一定时间的看护妻子、照料新生儿和家庭的假期,因为陪产假是基于女性生育的事实,依附于女性的产假,因此男性享受的这段假期称之为"陪产假"。目前我国尚未有全国性的法律法规对陪产假作出相关规定,仅各省在《人口与计划生育条例》中自主地规定了男性的陪产假或护理假及假期期间的薪资。但随着"二孩"政策的全面开放、对《人口与计划生育法》的修改以及我国对男女平等的坚持与贯彻,笔者认为将男性陪产假写入法律是现实的,可行的。
[Abstract]:Male paternity leave, that is, the period of time a man takes care of his wife during the birth of his wife, and takes care of the newborn and family leave, because paternity leave is based on the fact that a woman gives birth and depends on the maternity leave of a woman, Therefore, the leave that men enjoy is called paternity leave. At present, there are no national laws and regulations on paternity leave in our country. Only the provinces independently stipulate the paternity leave or nursing leave and the salary during the leave in the population and Family Planning regulations. However, with the comprehensive opening of the "two-child" policy, the revision of the population and Family Planning Law and the persistence and implementation of equality between men and women in our country, the author believes that it is realistic and feasible to write male paternity leave into the law.
【作者单位】： 上海大学法学院;
【分类号】：D922.1
本文编号：2482520
[Abstract]:Male paternity leave, that is, the period of time a man takes care of his wife during the birth of his wife, and takes care of the newborn and family leave, because paternity leave is based on the fact that a woman gives birth and depends on the maternity leave of a woman, Therefore, the leave that men enjoy is called paternity leave. At present, there are no national laws and regulations on paternity leave in our country. Only the provinces independently stipulate the paternity leave or nursing leave and the salary during the leave in the population and Family Planning regulations. However, with the comprehensive opening of the "two-child" policy, the revision of the population and Family Planning Law and the persistence and implementation of equality between men and women in our country, the author believes that it is realistic and feasible to write male paternity leave into the law.
【作者单位】： 上海大学法学院;
【分类号】：D922.1
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