In daily work
You may need to take a vacation for a variety of reasons
病假、婚假、产假、探亲假......
How much do you know about taking time off?
What leave must be approved by the employer?
How do I take paid time off?
Let's take a look~
Public holidays
Specific arrangements for statutory holidays in 2024:
1. New Year's Day: January 1 holiday, and weekends off.
2. Spring Festival: February 10th to 17th, a total of 8 days. I will go to work on Sunday, February 4 and Sunday, February 18. All units are encouraged to combine the implementation of paid annual leave and other systems, and arrange for employees to rest on Chinese New Year's Eve (February 9).
3. Qingming Festival: April 4th to 6th, a total of 3 days. I will go to work on Sunday, April 7.
4. Labor Day: May 1 to 5 holidays, a total of 5 days. April 28 (Sunday) and May 11 (Saturday) to work.
5. Dragon Boat Festival: June 10 holiday, and weekends.
6. Mid-Autumn Festival: September 15th to 17th, a total of 3 days. September 14 (Saturday) to work.
7. National Day: October 1st to 7th, a total of 7 days. September 29 (Sunday) and October 12 (Saturday) will be at work.
If an employee is assigned to work on a statutory holiday, he or she shall be paid a wage remuneration of not less than 300 percent of his wages.
- Article 44 of the Labor Law of the People's Republic of China
Key points: Only overtime on statutory holidays will be paid three times (such as October 1, 2, and 3 on the National Day), and overtime at other times will be doubled, because it is a rest day.
Partial holidays
The main holidays and anniversaries for some citizens are:
1. Women's Day, March 8, a half-day holiday for women
2. Youth Day, May 4, young people over the age of 14 have a half-day holiday
3. Children's Day, June 1, children under the age of 14 have a one-day holiday
4. The anniversary of the founding of the Chinese People's Liberation Army, August 1, active duty soldiers have a half-day holiday
If the holiday for some citizens falls on a Saturday or Sunday, there will be no compensatory holiday.
-- Measures of the State Council for Holidays on National Festivals and Memorial Days
Key points: If some citizens have a holiday that falls on a rest day, and the employer requires the employee to go to work normally, the employer does not need to pay overtime pay.
Sick leave (medical treatment for illness or non-work-related injury)
According to the Regulations on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees, when an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she will be given a medical treatment period of 3 months to 24 months according to his actual working years and working years in the unit:
- If the actual working experience is less than 10 years, 3 months for those who have worked in the unit for less than 5 years, and 6 months for those who have worked for more than 5 years.
- If the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, 9 months for those who have worked for more than 5 years and less than 10 years, 12 months for those who have worked for more than 10 years and less than 15 years, 18 months for those who have worked for more than 15 years and less than 20 years, and 24 months for those who have worked for more than 20 years.
After the employee has provided the certificate issued by the hospital and completed the formalities for requesting leave, the employer shall approve the application before there is no evidence to prove that the certificate provided by the employee is false. During the period of sick leave, the company needs to pay sick pay or sickness relief expenses.
Paid annual leave
The Regulations on Paid Annual Leave for Employees stipulate that employees who have worked for one year but less than 10 years shall take 5 days of annual leave, 10 days of annual leave if they have completed 10 years but less than 20 years, and 15 days of annual leave if they have completed 20 years.
If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days of annual leave that should be taken by the employee, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.
The above provisions indicate that paid annual leave is a legal right of employees, and the employer shall make overall arrangements for employees after they meet the requirements of working years.
Marriage leave
Marriage leave is a leave granted to an employee when he or she gets married, and the employer pays the full amount of wages. In principle, marriage leave cannot be taken separately, but when applying for leave, it can be taken in conjunction with other holidays in consultation with the employer.
The number of days of marriage leave in each region follows local regulations. Wages will be paid during the marriage leave, which will not affect the welfare benefits.
The Marriage Law stipulates that the legal age of marriage is 22 for men and 20 for women. At present, the marriage leave in Shenzhen is 3 days.
maternity leave
The number of days of maternity leave is: 98 days + the number of days awarded in various places. The relevant ILO conventions stipulate that "women shall be entitled to maternity leave of not less than 14 weeks", i.e. 98 days, for 14 weeks.
Female employees are entitled to 98 days of maternity leave, of which 15 days are allowed before giving birth, 15 days of maternity leave are added in case of difficult birth, and 15 days of maternity leave are added for each additional child born in case of multiple births. Female employees are entitled to 15 days of maternity leave if they have a miscarriage before four months of pregnancy, and 42 days of maternity leave if they have a miscarriage after four months of pregnancy.
-- Special Provisions on Labor Protection for Female Employees
Guangdong Province maternity leave regulations:
(1) Maternity leave for female employees:
for normal delivery, 98 days;
in case of dystocia, 30 days are added;
In the case of multiple births, 15 days are added for each additional child.
(2) Female employees are entitled to maternity leave when they terminate pregnancy:
If the pregnancy is terminated before 4 months of pregnancy, 15 to 30 days shall be counted according to the opinion of the medical institution;
If the pregnancy is terminated between 4 months and 7 months of pregnancy, 42 days shall be counted;
If the pregnancy is terminated after 7 months of pregnancy, 75 days shall be counted.
(3) Employees are entitled to leave for family planning surgery:
If the IUD is removed, it will be counted for 1 day;
2 days for intrauterine device insertion;
21 days for tubal ligation;
If the vasectomy is performed, it will be counted as 7 days;
14 days for tubal or vas deferens reversal surgery.
Note: If there are two or more family planning surgeries at the same time, or if there are both birth and family planning surgeries, the number of days of leave entitled to maternity allowance shall be calculated together.
According to Article 30 of Chapter 5 of the Regulations of Guangdong Province on Population and Family Planning, couples who give birth to children in accordance with the provisions of laws and regulations are entitled to 80 days of incentive leave for the woman and 15 days of paternity leave for the man. Wages are paid during the prescribed holidays, and welfare benefits and attendance awards are not affected.
Source: Official website of Guangdong People's Government
Therefore, the number of days of maternity leave in Guangdong is:
👇👇👇
Maternity leave: 98 days + 80 days = 178 days
Caesarean section maternity leave: 98 days + 30 days + 80 days = 208 days
In addition, the mothers of the third child
You can also enjoy the corresponding maternity leave~
Paternity leave (for male employees)
Paternity leave, also known as nursing leave, is provided for in the 31 provinces (autonomous regions and municipalities directly under the Central Government) in the local population and family planning regulations. According to local population and family planning regulations, paternity leave basically ranges from 7 to 30 days.
According to Article 30 of Chapter 5 of the Regulations of Guangdong Province on Population and Family Planning, couples who give birth to children in accordance with the provisions of laws and regulations are entitled to 80 days of incentive leave for the woman and 15 days of paternity leave for the man. Wages are paid during the prescribed holidays, and welfare benefits and attendance awards are not affected.
Maternity leave
The state does not uniformly stipulate the number and number of days of maternity examination leave, but according to the following regulations, in practice, it is considered that as long as it is normal and necessary, it should be counted as working hours, and cannot be counted as sick leave, personal leave, maternity leave, absenteeism, etc. Maternity leave is carried out according to the doctor's instructions, and as long as the doctor thinks that it is necessary to conduct an examination, the examination must be carried out, and the employer shall provide relevant facilitation conditions.
Pregnant female employees undergo prenatal check-ups during working hours, and the time required is included in the working hours.
- Article 6 of the Special Provisions on Labor Protection of Female Employees
Breastfeeding leave
The breastfeeding break is one year after the birth of the baby, and the mother can enjoy 1 hour of breastfeeding time per day during working hours.
Employers shall arrange one hour of breastfeeding time for lactating female employees during their working hours each day, and if a female employee gives birth to multiple births, one hour of breastfeeding time shall be added to each additional infant breastfeeding.
- Article 9 of the Special Provisions on the Labor Protection of Female Employees
Parental leave
Since 2021, in order to encourage childbirth, various provinces and cities have gradually introduced parental leave, ranging from 5 to 20 days.
The State supports the establishment of parental leave in places where conditions permit.
Population and Family Planning Law of the People's Republic of China
Parental leave in Guangdong Province: Parents are entitled to 10 days of parental leave each year under the age of 3.
If a child is born in accordance with the provisions of laws and regulations, the parents are entitled to 10 days of parental leave each year within the child's three years of age. The sharing of holiday labor costs shall be implemented in accordance with the relevant provisions of the state and province.
Childcare leave is calculated on an annual basis, i.e., the child's first year is the year of calculation.
For example, if a child is born on May 1, 2021, both parents can take 10 days of parental leave from May 2, 2021 until the child turns 1 year old, and from May 2, 2022 until the child turns 2 years old, both parents can take another 10 days of parental leave, and so on, until the child reaches the age of 3.
Bereavement leave
In the event of the death of an immediate family member of an employee, the enterprise shall grant the employee 1-3 days of bereavement leave as appropriate according to the specific circumstances. In practice, the number of days of bereavement leave is basically 3 days, and does not include national statutory holidays. Wages and benefits are paid during the holidays.
When an employee gets married or his immediate family members (parents, spouse and children) die, he or she may be granted one to three days of marriage and funeral leave with the approval of the administrative leader of the unit according to the specific circumstances. ...... During the approved period of marriage and funeral leave and travel leave, the employee's salary shall be paid. All the transportation and boat expenses on the way shall be borne by the employees.
-- Circular of the State Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises
Work-related injury leave (leave without pay)
If an employee needs to suspend work for work-related injuries due to work-related reasons, the original salary and benefits shall remain unchanged during the period of suspension with pay, and shall be paid by the employer on a monthly basis.
- If an employee is injured in an accident or suffers from an occupational disease at work and needs to suspend work to receive medical treatment for work-related injuries, the original salary and benefits shall remain unchanged during the period of suspension of work and salary, and shall be paid by the employer on a monthly basis.
- The period of leave without pay is generally not more than 12 months. If the injury is serious or the circumstances are special, it may be appropriately extended upon confirmation by the labor ability appraisal committee at the districted city level, but the extension shall not exceed 12 months.
- After the work-related injury is assessed, the original benefits shall be suspended, and the disability benefits shall be enjoyed in accordance with the relevant provisions of this Chapter.
- Employees who are injured at work and still need medical treatment after the expiration of the period of suspension with pay shall continue to enjoy medical treatment for work-related injuries.
- If an injured employee who is unable to take care of himself or herself needs nursing care during the period of suspension with pay, the employer shall be responsible for it.
-- Article 33 of the Regulations on Work-related Injury Insurance
Family leave
To enjoy the treatment of family visits, employees must meet the following three conditions at the same time:
▶ Have been working for one year or more;
▶ not living with a spouse, nor with a father nor with a mother;
▶ Reunions on public holidays are not permitted.
•If an employee visits his or her spouse, he or she shall be granted a family visit leave once a year for 30 days; in principle, an unmarried employee shall be granted a leave of 20 days once a year to visit his or her parents; if the employer cannot grant a leave in the current year due to work needs, or if the employee voluntarily visits his or her relatives once every two years, he or she may be granted a leave of 45 days in two years; and a married employee who visits his or her parents shall be given a leave of 20 days every four years. In addition, travel leave will be granted according to actual needs.
• All holidays listed above include public holidays and public holidays. Employees who are on leave (e.g. school staff) should visit their families during the leave period; If the leave period is short, the employer may make appropriate arrangements to make up the number of days of home leave.
-- Provisions of the State Council on the Treatment of Employees Visiting Relatives
Only Child Care Leave
In local policies, some localities have made similar provisions: for the elderly who enjoy the treatment of parents of only children, during the period of hospitalization, the employer shall support the nursing care of the child, and provide a cumulative nursing time of 5-20 days per year.
The regulations are not exactly the same in different places, and the regulations in Guangdong Province are as follows:
- During the period when the state advocates that a couple have one child, couples with household registration in this province who voluntarily give birth to only one child for life or a couple whose party is registered in this province, and one of them reaches the age of 60, their children can enjoy nursing leave, five days per year;
- In the case of hospitalization for illness (the diagnosis certificate, hospitalization certificate and other materials issued by the medical institution shall be provided), the child shall be entitled to nursing leave of no more than 15 days per year.
Remark:
1. Nursing leave cannot be combined, both parents are over 60 years old, and children can only enjoy 5 days of nursing leave per year, and if they are hospitalized for illness, the cumulative amount of time per year shall not exceed 15 days.
2. Nursing leave is calculated on a calendar year, and can be split within the same calculation year, and in principle, no more than two times.
3. If both parents of an only child are registered in other provinces and their children work in Guangdong, the employer is encouraged to arrange for the children to take nursing leave with reference to the provisions of Item 5 of Article 36 of the Family Planning Regulations.
Closed
Normally, Saturday and Sunday are weekly rest days, 104 days a year.
If a worker is assigned to work on a rest day and cannot be arranged for a compensatory break, he shall be paid a wage remuneration of not less than 200 percent of his wages.
- Article 44 of the Labor Law of the People's Republic of China
Highlights:
Enterprises and public institutions that are unable to implement the uniform working hours provided for in the preceding paragraph may flexibly arrange weekly rest days on the basis of actual conditions. Some companies spread 40 hours over 6 days and take 1 day off. However, it is still necessary to ensure that the working hours of employees do not exceed 40 hours per week, and that they have at least one day off per week.
The above is combed by Doudou and Xiaomei
Holidays that can be taken with paid leave
Well, someone is bound to ask
How the personal leave is not mentioned
Here is an important point to emphasize
Personal leave is unpaid
Leave
The number of days of personal leave shall be determined by the employer through the formulation of rules and regulations. Personal leave is unpaid, but if the employer has provisions that can be paid, those provisions shall apply. Some employers do not deduct the employee's salary during the leave, and in this case, if the personal leave reaches 20 days, the employee will no longer enjoy the annual leave of the current year.
Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year...... (2) Where an employee takes personal leave for more than 20 days and the employer does not deduct wages in accordance with regulations......
-- Article 4 of the Regulations on Paid Annual Leave for Employees
The "May Day" holiday is coming soon
Are you going to hang out, or are you going to stay at home?
Come and share it in the message area~
Source | China Accounting News (Official Account) Guangdong Provincial Department of Human Resources and Social Security Shenzhen Trade Union (Official Account)
| Liu
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