Two major events:
▶ 1. Parenting leave, increasing maternity leave, and elderly hospitalization children’s care leave -here!It will be implemented from November 1, 2022!
▶ 2. The uncle compiled the latest version of the 1922 on the 19th category and treatment of the holidays as follows.
01
Official announcement!Parenting, accompaniment, and old people have holidays!
It will be implemented from November 2022!
On July 28, 2022, the 36th meeting of the Standing Committee of the 13th People’s Congress of Shandong Province passed the 36th meeting of the Standing Committee of the People’s Congress:
The decision to amend the "Shandong Province Population and Family Planning Regulations"
Parenting leave, increased maternity leave, and elderly hospitalization children’s care leave
TA is here ~ TA is here ~
It will be implemented from November 1, 2022!
02
off day
Under normal circumstances, Saturday and Sunday are daily rest days, no salary on Sunday, 104 days throughout the year.
Related laws:
国 The provisions of Article 44 of the Labor Law of the People’s Republic of China:
The rest of the rest is arranged for workers to work without arranging a repayment.
工 The provisions of Article 7 of the State Council’s State Council’s Working Time (No. 146, implemented on May 01, 1995):
State organs and institutions implement unified working hours, and Saturday and Sunday are weekly rest.Enterprises and public institutions that cannot implement the unified working hours specified in the preceding paragraph can be flexibly arranged for the weekly rest day according to the actual situation.
职 According to the "Provisions on the Work of the State Council", the first question (Ministry of Labor sent [1995] No. 187):
Conditional enterprises should implement the standard working hours system of 8 hours a day and 40 hours a week.If some enterprises cannot implement the standard working hours system due to the nature and production characteristics, the implementation of the "Regulations" and the Labor Law should be combined to ensure that the employees work for no more than 40 hours per week, and rest for at least 1 day a week.
Therefore, some companies have allocated 40 hours in 6 days, and it is legal to rest for 1 day.
03
Legal holiday
National statutory holidays have a total of 11 days.
1. New Year’s Day, 1 day holiday (January 1);
2. Spring Festival, 3 days of vacation (the first, second, second, and third juniors of the first lunar month);
3. Qingming Festival, 1 day of holiday (day of the lunar calendar);
4. Labor Day, 1 day of holiday (May 1);
5. Dragon Boat Festival, 1 day of holiday (day of the Dragon Boat Festival of the lunar calendar);
6. Mid -Autumn Festival, 1 day of holiday (day of the Mid -Autumn Festival in the lunar calendar);
7. National Day, 3 days of holiday (October 1, 2, 3).
Related laws:
和 According to Article 44 of the Labor Law of the People’s Republic of China:
If the workers are arranged on a statutory holiday, the payable pay of less than 300 percent of the salary is paid.
04
Partial holiday
The festivals and anniversary of some citizens are mainly:
1. Women’s Day (March 8), women’s holidays for half a day;
2. Youth Festival (May 4), a youth over 14 years old for half a day;
3. Children’s Day (June 1), children under the age of 14 for 1 day on vacation;
4. Memorial Day (August 1st), the Chinese People’s Liberation Army, for a long time for active soldiers.
Related laws:
年 "Measures for the National Year and Memorial Day of the State Council":
For some citizen’s holiday holidays, if it coincides with Saturday and Sunday, no leave will be made.
Note that if some citizens do not have a rest day for holidays, and employers require workers to work normally, the unit does not need to pay overtime pay.
05
Leave
The number of days of leave is determined by the employer by formulating rules and regulations.
Disposa is unpaid, but if the employer has provided that the salary can be paid, it is stipulated.
For example, if the employee of the "Shenzhen Municipal Employee Payment Payment (2019)" is requested for leave, the employer may not pay the salary during the holiday period.
It should be noted that some employers do not deduct the salary of workers during their holidays. In this case, if the employer pays wages and leave for 20 days, the workers will no longer enjoy the annual leave of the year.
Related laws:
年 Article 4 of the "Regulations on the annual vacation of employees":
If the employee has one of the following situations, he does not enjoy the annual leave of the year: … (2) The employee should ask for leave for more than 20 days and the unit does not deduct the salary in accordance with regulations …
06
Disease leave (disease or non -industrial injury medical period)
The number of days on disease leave (disease or non -work injury) is 3 months, 6 months, 9 months, 12 months, and 24 months (special circumstances can be extended).
During employees’ illness leave, enterprises need to pay sick leave wages or disease relief fees.
Related laws:
执 According to the Opinions on the Implementation of the "Labor Law of the People’s Republic of China" (Opinions of the Labor Law of the People’s Republic of China "(Article 59 of the Ministry of Labor [1995] No. 309):
During the treatment of employees or non -injury treatment, the enterprise will pay the leave salary or disease relief fee in accordance with relevant regulations during the prescribed medical period.80 % of the minimum wage standard.
According to Article 3 of the "Regulations on the Medical Period of Enterprise Employees or Non -cause injuries":
When the employee needs to stop working for medical treatment due to illness or non -injury, according to his actual participation in the working life and the working period of the unit, the medical period from three to 24 months is given: three to 24 months:
(1) If the actual working life is less than ten years, it is less than three months in the work of the unit for less than five years, and the five years of more than five years is six months.
(2) If the actual working life is more than ten years, it is six months for the working years of less than five years, the nine months of more than five years, or less than ten years.It is eighteen months for more than fifteen years and two decades, and twenty -four months for 20 years.
Article 4, the three months of the medical period is calculated at six months of cumulative sick breaks within six months, six months are calculated based on the cumulative treatment time within twelve months, and the cumulative treatment time is calculated in nine months.Twelve months are calculated based on the cumulative treatment time of the disease within eighteen months, the eighteen months are calculated based on the cumulative treatment time within 24 months, and the cumulative treatment time is calculated within 30 months.
The notice of the Ministry of Labor’s notice on implementing the "Regulations on the Medical Period of Enterprise Employees or Non -injured Injury" (Ministry of Labor sent [1995] No. 236):
2. Regarding the medical period of special diseases: According to the current actual situation, employees with special diseases (such as cancer, mental illness, paralysis, etc.) cannot be cured within 24 months.Approval can be appropriately extended the medical period.
工 "Shenzhen employee salary payment regulations (2019)", Article 23:
If employees are ill or do not stop working due to negative injuries, during the medical period prescribed by the state, employers shall pay employees’ disease holiday salary at 60 % of the salary of 60 % of their normal working hours, but not low shall not be low.80 % of the minimum wages.
07
Wedding leave
The number of marriage leaves in various places follows local regulations.Paying wages during marriage will not affect welfare benefits.
Related laws:
局 The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road fake issues on employees of state -owned enterprises" stipulates:
I. When the employee himself is married or the employee’s direct relatives (parents, spouses, and children) die, they may be approved by the administrative leadership of the unit according to the specific situation, and will be given a marriage funeral leave for one to three days as appropriate.Third, the salary of employees during the approved marriage funeral leave and road leave.All the fares on the way are taken care of by the employees.
第 Article 51 of the Labor Law stipulates:
The employer shall pay wages in accordance with the law during the legal holidays and marriage and funeral leave during the legal holiday, and during the social activities in accordance with the law.
List of national wedding leave
(For reference only, specifically based on local regulations)
▼
area
A total of wedding holiday days
Beijing
10 days
Shanghai
10 days
Jiangxi Province
18 days
Anhui Province
13 days
Liaoning Province
10 days
Tibet
10 days
Jiangsu Province
13 days
Guizhou Province
13 days
Hainan
13 days
Shaanxi Province
13 days
Jilin Province
15 days
Fujian Province
15 days
Chongqing
15 days
Qinghai Province
12 days/15 days
Heilongjiang Province
15 days
(Participate in the wedding check for 25 days of marriage leave)
Yunnan Province
18 days
Hebei Province
18 days
Inner Mongolia
18 days
Henan Province
21 days
(Participate in the wedding check for 28 days of marriage leave)
Xinjiang
23 days
Shanxi Province
30 days
Gansu province
30 days
Hubei Province
3 days
Sichuan Province
3 days
Guangdong Province
3 days
Tianjin
10 days
Zhejiang Province
3 days
Shandong Province
3 days
Ningxia
3 days
Hunan Province
3 days
Guangxi Province
3 days
With the release of the three -child policy, many provinces and cities are also adjusting the number of wedding holiday days.
08
Maternity leave
The number of maternity leave is: 98 days+the number of rewards in various places.
The International Labor Organization has the regulations on the convention of "women must enjoy maternity leave with no less than 14 weeks", 14 weeks and 98 days.
With the revision of the family planning regulations of various places, maternity leave has been extended:
For example: Shanghai ’s maternity leave has been extended from 30 days to 60 days, and female employees can have 158 days vacation; Zhejiang’ s childbirth has been extended for 60 days for maternity leave for a total of 158 days.
The latest list of multi -real estate leave in the country
(For reference only, specifically based on local regulations)
▼
area
Maternity leave
Paternity leave
Beijing
158 days
15 days
Shanghai
158 days
10 days
Jiangxi Province
188 days
30 days
Anhui Province
158 days
30 days
Liaoning Province
158 days
20 days
Tibet
365 days
30 days
Jiangsu Province
128 days
15 days
Guizhou Province
158 days
15 days
Hainan
Up to 190 days
15 days
Shaanxi Province
158 days
(Three children will increase for half a year)
15 days
(Another 15 days of childbirth will increase by 15 days)
Jilin Province
158 days
15 days
Fujian Province
158 days-180 days
15 days
Chongqing
178 days
20 days
Qinghai Province
188 days
15 days
Heilongjiang Province
180 days
15 days
Yunnan Province
150 days
30 days
Hebei Province
One child, 158 days of two children
Three -child 188 days;
15 days
Inner Mongolia
158 days
25 days
Henan Province
It is intended to increase to 190 days
30 days
Xinjiang
158 days
15 days
Shanxi Province
158 days
15 days
Gansu province
180 days
30 days
Hubei Province
158 days
15 days
Sichuan Province
158 days
20 days
Guangdong Province
178 days
15 days
Tianjin
158 days
15 days
Zhejiang Province
A child can take a total of 158 days
Each two -child and three children 188 days
15 days
Shandong Province
158 days
7 days
(It is no less than 15 days)
Ningxia
158 days
25 days
Hunan Province
158 days
20 days
Guangxi Province
148 days
25 days
Related laws:
劳 According to Article 7 of the "Special Regulations for the Protection of Female Workers":
Female employees enjoy 98 days of maternity leave, of which 15 days can be taken during delivery; those who are difficult to give birth will increase maternity leave for 15 days; those who have multiple births, have 1 babies per extra, increase their maternity leave for 15 days.If the female employee has a miscarriage of less than 4 months, he will enjoy 15 -day maternity leave; if you have a miscarriage for 4 months, you can enjoy 42 days of maternity leave.
09
Nursing leave (man)
Of the 31 provinces (autonomous regions and municipalities) across the country, they all stipulate the man’s nursing leave or accompanying maternity leave (Fujian claims to take care of the treatment leave).
According to the regulations on the population and family planning of various places, the accompanying leave is basically ranging from 7 days to 30 days.God, 25 days in Inner Mongolia, Guangxi, Ningxia Province, Yunnan, Jiangxi, Tibet, Gansu is 30 days, Henan is 1 month, while Shandong is only 7 days.
10
Preparation of prenatal examination leave during pregnancy
The country does not uniformly stipulates the number and number of days and the number of days of inspection leave, but according to this practice, as long as it is normal and necessary, it should be included in labor hours.
Can not be calculated according to sick leave, leave, maternity leave, absenteeism, etc.The maternity leave is carried out according to the doctor’s order. As long as the doctor thinks that there is a check, it must be checked, and the employer should give relevant convenient conditions.
Article 6 of the "Special Regulations for Labor Protection of Female Workers" stipulates:
Women’s employees conduct prenatal inspections within labor time, and the time required is included in the labor time.
11
Breastfeeding
Breastfeeding leave is one year after the baby is born, and the mother can enjoy the breastfeeding time of 0.5 hours during the working time every day.
动 Article 9 of the "Special Regulations for Labor Protection of Female Workers" stipulates:
Employers should arrange 1 hour breastfeeding time for breastfeeding female employees within their daily labor hours; if female employees have a polyphony, 1 baby breastfeeding time is increased by 1 hour of breastfeeding every day.
12
Dysmenorrhea
At present, more than 10 provinces including Beijing, Henan, Shaanxi, Zhejiang, Jiangsu, Liaoning, etc. have specified the rights and interests of female workers in local regulations.
Related laws:
工作 "Regulations for Healthcare Work of Female Workers":
Female employees with severe dysmenorrhea and more menstruation, after diagnosis of medical or maternal and child health care institutions, 1 to 2 days of vacation can be given during menstruation.
13
Fetal leave
Tiger protection leave refers to a pregnant female employee that meets the planning of family planning. If the doctor is diagnosed and issues a certificate, the fetal salary is required.
Related laws:
局 局 ✦ ✦ ✦ ✦ ✦ ✦ ✦ ✦ ✦ ✦ ✦ The treatment of the treatment of female employees’ fetal rest and sick leave after more than six months of childbirth will be returned to the Shanghai Labor Bureau (Labor Criminal Word [1982] No. 2):
It is pointed out that "the female employee is pregnant according to family planning, and after a doctor’s certificate is issued, if the fetus needs to be protected, the time to protect the fetus shall be handled in accordance with the provisions of the disease treatment implemented by the unit.", Employers shall pay wages in accordance with the standards of disease leave.
14
Funeral leave
That is to say, when the direct relatives of the enterprise employee died, the enterprise should give employees a 1-3-day funeral leave as appropriate according to the specific situation.
The number of funeral leaves in practical operations is basically 3 days, and excluding national statutory holidays and wages and welfare benefits during the holidays.
Related laws:
局 The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road fake issues on employees of state -owned enterprises" stipulates:
I. When the employee himself is married or the employee’s direct relatives (parents, spouses, and children) die, they may be approved by the administrative leadership of the unit according to the specific situation, and will be given a marriage funeral leave for one to three days as appropriate.
2. During the approved marriage funeral leave and road leave, employees’ salary is issued.The fare on the way, all of which are taken care of by employees.
第 Article 51 of the Labor Law stipulates:
The employer shall pay wages in accordance with the law during the legal holidays and marriage and funeral leave during the legal holiday, and during the social activities in accordance with the law.
15
Annual vacation
If employees work for more than 1 year, they enjoy paid annual leave. Among them, the accumulated working life of the employees should include but not limited to the working years of the current inauguration.
Related laws:
Article 2 provisions of the "Regulations of Employees Parallel annual vacation":
Organs, groups, enterprises, public institutions, private non -enterprise units, individual industrial and commercial households with employees, individual industrial and commercial households, and other units have been working for more than 1 year to enjoy paid annual leave (hereinafter referred to as annual leave).The unit shall ensure that employees enjoy annual leave.Employees enjoy the same salary income during the annual vacation.
Article 3 stipulates:
The cumulative work of employees has been less than 10 years old and 5 days of annual vacation; those who have been in less than 10 years and less than 20 years have 10 days of vacation; those who have been in 20 years have 15 days of annual vacation.National statutory holidays and rest days are not included in the annual vacation vacation.
Article 4 stipulates:
If employees have one of the following situations, they do not enjoy the annual leave of that year: (1) Employees enjoy cold and summer vacation according to law. The number of vacation days is more than the number of days of annual leave;Wages; (3) employees who have accumulated for a total of 1 year and less than 10 years, and ask for the cumulative sick leave for more than 2 months;5) Employees who have accumulated for more than 20 years, ask for the cumulative sick leave for more than 4 months.
Article 5 stipulates:
Based on the specific situation of production and work, the unit considers the wishes of the employees and arranges the annual vacation of employees.Annual leave can be arranged or segmented in one year, or segmented arrangements, generally do not arrange the annual arrangements.If the characteristics of production and work are indeed necessary to arrange an annual vacation of employees during the year, it can be arranged across one annual arrangement.If the unit does not arrange the employee for a holiday due to work needs, the employee may not arrange for employees to leave for a vacation.For employees, the number of annual leave days should be expected, and the unit shall pay the annual vacation salary for 300%of the employee’s daily salary income.
16
Work -related injury leave (period of stop work and salary period)
If the employee needs to suspend the work due to working reasons, the original salary and welfare treatment will not change during the suspension of the salary period, and the unit is paid on a monthly basis.
Related laws:
例 Article 33 of the "Regulations on Work Injury Insurance" stipulates:
If an employee suffers from accidental injuries or needs to be suspended from work injury medical care, the original salary and benefits remain unchanged during the suspension of the salary and retention period, and the unit is paid on a monthly basis.
The period of stopping the work is generally not more than 12 months.The injury is serious or the situation is special. The municipal labor ability appraisal committee of the district is confirmed that it can be extended appropriately, but the extension must not exceed 12 months.
After assessing the disability level of work injury employees, the original treatment is suspended, and the disability treatment is enjoyed in accordance with the relevant provisions of this chapter.
If the employee of the work injury still needs to be treated after the expiry of the salaries, it will continue to enjoy the treatment of work injury medical treatment.
If a working injury employee who cannot take care of himself needs to be cared at the stoppage period, it is responsible for the unit.
17
Visit relative leave
Employees must have the following three conditions at the same time:
1. Employees who have participated in the year and above;
2. Do n’t live with your spouse, do n’t live with your father and mother;
3. Do not use public holidays to reunite.
Related laws:
工 The "State Council’s Regulations on Forecast of Employees" stipulates:
If the employee visits the spouse, it will be given to one party once a year, and the holiday is 30 days; the unmarried employee visits the parents, in principle, the holiday is 20 days a year, and the holiday is 20 days.If you visit relatives once a year, you can give a vacation once every two years, and the holiday is 45 days. If the married employee visits his parents, it will give a vacation every four years and the holiday is 20 days.In addition, seal leave according to actual needs.
The above holidays include public holidays and legal festivals.Any employee (such as school faculty) who implement the vacation system should visit relatives during vacation; if the vacation is short, the unit can be appropriately arranged to make up for the number of days of visiting relatives.
18
Road leave
Depending on the specific situation, whether the enterprise pays the round -trip toll.
Related laws:
局 The "Notice of the State Administration of Labor and the Ministry of Finance on the issues of funeral leave and road fake issues on employees of state -owned enterprises" stipulates:
3. During the approved marriage funeral leave and road leave, the salary of employees is paid.The fare on the way, all of which are taken care of by employees.
的 If it is a vacation for visiting relatives, according to Article 6 of the "Regulations on the Treatment of Freedom":
Employees visit spouses and unmarried employees to visit their parents’ round -trip tolls, and they shall be borne by their units.The round -trip toll of the married employees to visit the parents of the parents is within 30%of my monthly standard salary, and it will be borne by themselves, and the part is borne by the unit.
19
The only child and daughter care leave
In local policies, some provinces, municipalities, and districts make similar regulations: elderly people who enjoy the treatment of only children of children, during the treatment of illness and hospitalization, employers should support their children for care, and give 5-20 days a year for 5-20 days per year.Nursing time.
It is reported that Fujian, Guangxi, Hainan, Hubei, Hubei, Heilongjiang, Huai’an, Guangzhou, Chongqing, Sichuan, Hebei, Shanxi, Beijing, Henan, Ningxia, Inner Mongolia, Yunnan, Guizhou, Xi’an, Nanjing and other places introduced "only child care leave"Related specific regulations.
(The content of the following forms is for reference only, and the specific local regulations shall prevail)
▼
20
Parenting leave
Since 2021, provinces and cities have gradually launched parenting leave, ranging from 5-20 days.
According to statistics, of the 31 provinces, autonomous regions, municipalities (Hong Kong, Macao, and Taiwan removal) across the country, 28 provinces have completed the amendments to the planning regulations.Among them, most provinces clarify parenting leave.
(The content of the following forms is for reference only, and the specific local regulations shall prevail)
▼
area
Parenting false regulations
Beijing
Before the childcare child is 3 years old, the five working days of the husband and wife each year for parenting leave
Shanghai
Before the child was 3 years old, the five -day parenting leave each year each year, the couple
Jiangxi Province
Before the child was 3 years old, the couple had 10 days of parenting leave each year each year
Anhui Province
Before the child was 6 years old, the couple had 10 days of parenting leave each year each year
Hubei Province
Before the child was 3 years old, the couple had 10 days of parenting leave each year each year
Jiangsu Province
Before the children were 3 years old, the couple enjoyed a 10 -day parental leave each year.
Guangdong Province
Before the child was 3 years old, the couple had 10 days of parenting leave each year each year
Tianjin
Before the child was 3 years old, the couple had 10 days of parenting leave each year each year
Guizhou Province
Before the child was 3 years old, the couple had 10 days of parenting leave each year each year
Jilin Province
Support conditional regions or enterprises to add childcare leave
Hainan
Before the child was 3 years old, the husband and wife were 1 hour of parenting time every 10 days or any party each year.
Heilongjiang Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Yunnan Province
Before the child is three years old, the couple have 10 days of parenting leave each year. Those who are over 3 years old and less than 3 years old will add another 5 -day childcare leave
Shanxi Province
Before the child was three years old, the couple had 15 days of parenting leave each year each year
Hebei Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Henan Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Shaanxi Province
Before the child is three years old, both husband and wife enjoy each year without less than 30 days
Inner Mongolia
Propose increase
Liaoning Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Gansu province
Before the child was three years old, the couple had 15 days of parenting leave each year each year
Sichuan Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Chongqing
Employees who comply with laws and regulations will have fertility. After maternity leave or nursing holiday, with the approval of the unit, the husband and wife can take care of childcare leave until the child is one year old, or the husband and wife can take a total of 5 to ten days each year before their children’s six -year -old age.Parenting leave
Tibet
None for the time being
Zhejiang Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Fujian Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Shandong Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Qinghai
Before the child is three years old, the employer is encouraged to give the husband and wife 15 parenting leave each year each year
Ningxia
During the childhood to three years old, the couple will be given for ten days of parenting leave each year each year.
Hunan Province
Before the child was three years old, the husband and wife had 10 days of parenting leave each year each year
Xinjiang
None for the time being
Guangxi
During the childhood to three years old, the couple will be given for ten days of parenting leave each year each year.
Related laws:
国 Article 25 of the "Population and Family Planning Law of the People’s Republic of China" stipulates:
The state supports conditions for conditions for parental childcare leave.
