The 23 types of holidays summarized in this article are as follows:
1. Rest days 2, Holidays 3, Personal leave 4, Sick leave
5, marriage leave 6, maternity leave 7, prenatal leave 8, nursing leave
9. Pregnancy prenatal examination leave 10, breastfeeding leave 11, dysmenorrhea leave
12. Maternity leave 13, bereavement leave 14, annual leave 15, work injury leave
16. Family visit leave 17, travel leave 18, social activity leave
19, Harvest Festival 20, business holiday 21, Class A infectious disease leave
22. Only child care leave 23, parental leave
01. Rest days
Normally, Saturdays and Sundays are closed every week, and weekends are unpaid, 104 days a year.
Article 44 of the Labor Law of the People's Republic of China stipulates that if a worker is arranged for work on a rest day and cannot arrange for compensatory rest, he shall be paid a wage remuneration of not less than 200% of the wage.
Article 7 of the Provisions of the State Council on the Working Hours of Employees (Order No. 146, implemented on May 1, 1995) stipulates that state organs and public institutions shall implement unified working hours, and Saturdays and Sundays shall be weekly rest days. 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 according to actual conditions.
According to the first question of the "Provisions of the State Council on the Working Hours of Employees" (Issued by the Ministry of Labor [1995] No. 187), enterprises with conditions should, as far as possible, implement the standard working hour system of 8 hours per day and 40 hours per week. If some enterprises are unable to implement the standard working hour system due to the nature of work and production characteristics, they should combine the implementation of the "Provisions" with the implementation of the "Labor Law" to ensure that employees work no more than 40 hours a week and rest at least 1 day per week. Therefore, some companies will allocate 40 hours in 6 days, and it is also legal to rest for 1 day.
02. Holidays
The first is the national statutory holiday, a total of 11 days. That is, 1, New Year's Day, 1 day off (January 1st); 2, Spring Festival, 3 days off (the first day of the first lunar month, the second day of the first month, the third day of the first month of the lunar calendar); 3, Qingming Festival, 1 day off (lunar Calendar Qingming Day); 4, Labor Day, 1 day off (May 1); 5, Dragon Boat Festival, 1 day off (Lunar Dragon Boat Day); 6, Mid-Autumn Festival, 1 day off (Lunar Mid-Autumn Day); 7, National Day, holiday for 3 days (October 1, 2, 3).
According to the provisions of Article 44 of the Labor Law of the People's Republic of China, if a worker is arranged to work on a statutory holiday day, he shall be paid not less than 300% of the wage.
Article 29 of the Regulations on wage payment of Jiangsu Province stipulates that during the statutory holidays enjoyed by workers in accordance with the law, as well as annual leave, family visit leave, marriage and funeral leave, late marriage and late childbirth leave, birth control surgery leave, prenatal examination during pregnancy of female employees, maternity leave, breastfeeding time during the lactation period, nursing leave of the man, and the period of suspension of work and salary of the injured employee, the employer shall treat the employee as providing normal labor and pay his wages.
Second, some citizens' holidays and commemorative days: 1. Women's Day (March 8), women's day off for half a day; 2. Youth Day (May 4), youth over 14 years old take a half-day holiday; 3, Children's Day (June 1), children under the age of 14 take a day off; 4. Chinese the anniversary of the founding of the People's Liberation Army (August 1), active military personnel take a half-day holiday.
"Measures for holidays on National New Year's Day and Anniversary Days of the State Council": If all citizens take holidays on Saturdays and Sundays, they shall make up for the holidays on weekdays. Some citizens' holidays will not be compensated if they coincide with Saturdays or Sundays. Note that if some citizens do not have a rest day on the holiday, and the employer requires the employee to work normally, the employer does not have to pay overtime pay.
03. Personal leave
The number of days of personal leave shall be determined by the employer by formulating rules and regulations.
According to Article 26 of the Regulations on wage payment of Jiangsu Province, if an employee has any of the following circumstances, the employer may not pay the wages for the period: (1) During the period of personal leave...
Of course, some employers do not deduct the wages of employees during the period of personal leave. In this case, if the employer pays wages and the personal leave reaches 20 days, the employee will no longer enjoy the annual leave of the current year. According to Article 4 of the Regulations on Paid Annual Leave for Employees, employees who have any of the following circumstances shall not enjoy the annual leave of the current year: ... (2) Employees who have taken more than 20 days of personal leave and the unit does not deduct wages in accordance with regulations...
04. Sick leave (medical period for illness or non-work injury)
According to Article 59 of the Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China (Ministry of Labor [1995] No. 309), during the treatment period of illness or non-work-related injury of an employee, the enterprise shall pay his sick leave wages or sickness relief expenses in accordance with the relevant provisions during the prescribed medical treatment period, and the sick leave wages or sickness relief expenses may be paid below the local minimum wage standard, but not less than 80% of the minimum wage standard.
The number of days of sick leave (medical treatment period for illness or non-work-related injuries) is 3 months, 6 months, 9 months, 12 months, 24 months (which may be extended in special cases). According to Article 3 of the Provisions on the Medical Treatment Period for Illness or Non-work-related Injuries of Employees of Enterprises, when an enterprise employee needs to stop working for medical treatment due to illness or non-work-related injury, a medical period of three months to 24 months is given according to the actual years of work and the number of years of work in the unit: (1) If the actual working experience is less than 10 years, the working experience in the unit is less than 5 years, and the working experience is 6 months. (2) Where the actual working experience is more than 10 years, the working experience in the unit is six months, the work experience is less than five years is nine months, the number of years is 12 months for 10 years or less than 15 years, the period of 15 years or less is 18 months, and the period of more than 20 years is 24 months. Article 4: The medical period of three months shall be calculated as the cumulative sick leave time within six months, the six months shall be calculated according to the cumulative sick leave time within twelve months, the nine months shall be calculated according to the cumulative sick leave time within fifteen months, the twelve months shall be calculated according to the cumulative sick leave time within eighteen months, the eighteen months shall be calculated according to the cumulative sick leave time within twenty-four months, and the twenty-four months shall be calculated according to the cumulative sick leave time within thirty months.
The former Ministry of Labor's Notice on the Implementation of the "Provisions on the Medical Period for Sick or Non-work-related Injuries of Enterprise Employees" (Ministry of Labor [1995] No. 236) stipulates that, second, on the issue of the medical period for special diseases: According to the current actual situation, for some employees suffering from special diseases (such as cancer, mental illness, paralysis, etc.) who cannot be cured within 24 months, the medical treatment period may be appropriately extended with the approval of the enterprise and the competent labor department.
Article 27 of the Regulations on wage payment of Jiangsu Province stipulates that if an employee falls ill or stops working due to non-work-related injury, and the employer stipulates the medical treatment period stipulated by the state, the employer shall pay sick leave wages or sickness relief fees to the employee in accordance with the provisions of the wage distribution system and the labor contract, the collective contract or the relevant provisions of the state. Sick leave wages and sickness relief expenses shall not be less than 80% of the local minimum wage. Where the State provides otherwise, such provisions shall prevail. Article 32 stipulates that if an employer pays sick leave wages, sickness relief expenses and living expenses to an employee in accordance with the provisions of Articles 27 and 31 of these Regulations in accordance with the provisions of Articles 27 and 31 of these Regulations, it must bear the social insurance premiums and housing provident fund that should be paid by the individual workers at the same time. Therefore, according to the contract or the employer's salary system, the sick leave wage shall not be less than 80% of the minimum wage; if 80% of the minimum wage is used to pay, the employer must also bear the social insurance premium borne by the individual and the minimum personal contribution to part of the housing provident fund.
Regarding whether the minimum wage includes individual contributions to part of the housing provident fund, please see the article I wrote: 2019 Local Summary: Does the minimum wage include five social insurances and one gold?
05. Marriage leave
The Circular of the State Labor Administration and the Ministry of Finance on the Issue of Marriage and Funeral Leave and Road Leave for Employees of State-Owned Enterprises stipulates: First, when the employee himself marries or the employee's immediate family members (parents, spouses and children) die, they may, according to the specific circumstances, be approved by the administrative leadership of the unit and give one to three days of marriage and funeral leave as appropriate. 3. The wages of employees shall be paid during the approved marriage and funeral leave and travel leave. The fare for the vehicle and ship on the way is all borne by the employees.
Article 51 of the Labor Law stipulates that the employer shall pay wages in accordance with the law during the statutory holiday days, the marriage and funeral leave period, and the period during the period of participating in social activities in accordance with the law.
Article 27 of the "Regulations on Population and Family Planning of Jiangsu Province" stipulates that couples who have registered their marriage in accordance with the law shall extend the marriage leave by ten days on the basis of enjoying the marriage leave prescribed by the State. ...... The leave provided for in the preceding two paragraphs shall be regarded as attendance, and the salary shall be paid during the prescribed holiday without affecting the welfare benefits, and the statutory holiday days of the State shall not be counted as the holidays provided for in the preceding two paragraphs. Therefore, the number of days of marriage leave in Jiangsu Province is 13 days, excluding the national statutory holidays, and wages and welfare benefits are paid during the holidays; the number of days of marriage leave in Nanjing is 15 days.
For the number of wedding leave days in various places, please refer to: Nanjing Wedding Leave 15 Days! (Followed by the national 31 provinces marriage leave maternity leave table)
06. Maternity leave
Article 7 of the Special Provisions on the Labor Protection of Female Employees stipulates that female employees shall enjoy 98 days of maternity leave, of which 15 days of leave may be taken before childbirth; in the case of difficult childbirth, the maternity leave shall be increased by 15 days; and if multiple births are born, 15 days of maternity leave shall be increased for each additional baby. Female employees who have a miscarriage within 4 months of pregnancy shall enjoy 15 days of maternity leave, and those who have miscarried after 4 months of pregnancy shall enjoy 42 days of maternity leave.
Article 27 of the Regulations on Population and Family Planning of Jiangsu Province stipulates that: Starting from January 1, 2016, couples who have children in accordance with the provisions of these Regulations shall extend maternity leave by 30 days for the woman and 15 days for the husband on the basis of the maternity leave prescribed by the State. ...... The leave provided for in the preceding two paragraphs shall be regarded as attendance, and the salary shall be paid during the prescribed holiday without affecting the welfare benefits, and the statutory holiday days of the State shall not be counted as the holidays provided for in the preceding two paragraphs.
Article 7 of the "Provisions on Maternity Insurance for Employees of Urban Enterprises in Jiangsu Province" stipulates that female employees who meet the provisions on family planning shall enjoy the following maternity insurance benefits, and their expenses shall be paid by the maternity insurance fund: (1) Female employees who give birth or miscarry shall enjoy maternity leave in accordance with the relevant provisions of the state and the province. During the period of maternity leave, the original salary of the person shall be paid, and the maternity insurance fund shall compensate the enterprise in the form of maternity allowance. Therefore, the number of days of maternity leave in Jiangsu Province is 128 days, excluding the national statutory holidays, and wages and welfare benefits are paid during the holidays.
For the number of maternity leave days in various places, please refer to: Nanjing Wedding Leave 15 Days! (Followed by the national 31 provinces marriage leave maternity leave table)
07. Prenatal leave
Article 11 of the Special Provisions on the Labor Protection of Female Employees in Jiangsu Province stipulates that the employer shall grant the following protection to pregnant female employees: (3) if the prenatal examination is carried out during the working hours, the time required shall be included in the working time; (5) if the pregnancy is more than 7 months and there are real difficulties in going to work, it shall arrange her rest according to the certificate of the medical institution. Under the fifth case, the wages during the rest period shall be calculated in accordance with the labor contract or collective contract, but shall not be less than 80% of the local minimum wage. If, after a female employee becomes pregnant, upon her own application, the employer agrees to arrange for her to rest during pregnancy, the wages during the rest period shall be determined by the two parties through consultation, and if the labor contract or collective contract otherwise agrees, it shall be agreed upon.
Note that the premise for female employees who are more than seven months pregnant (including seven months) to take prenatal leave is approved by the unit, not a mandatory regulation.
08. Nursing leave (male)
In all 31 provinces (autonomous regions and municipalities directly under the Central Government), except for Tibet, the regulations on population and family planning in this region stipulate nursing leave or paternity leave for the husband (called care leave in Fujian and nursing leave in Qinghai). Gansu and Yunnan last up to 30 days.
Article 27 of the Regulations on Population and Family Planning of Jiangsu Province stipulates that: Starting from January 1, 2016, couples who have children in accordance with the provisions of these Regulations shall extend maternity leave by 30 days for the woman and 15 days for the husband on the basis of the maternity leave prescribed by the State. ...... The leave provided for in the preceding two paragraphs shall be regarded as attendance, and the salary shall be paid during the prescribed holiday without affecting the welfare benefits, and the statutory holiday days of the State shall not be counted as the holidays provided for in the preceding two paragraphs. Therefore, the number of days of nursing leave (for the man) is 15 days, excluding the statutory holidays of the State, during which wages and benefits are paid.
For the number of nursing leave days in various places, please refer to: Nanjing Wedding Leave 15 Days! (Followed by the national 31 provinces marriage leave maternity leave table)
09. Prenatal examination leave during pregnancy
Article 6 of the Special Provisions on the Labor Protection of Female Employees stipulates that pregnant female employees who undergo prenatal examinations during working hours shall be counted as working hours.
10. Breastfeeding leave
Article 9 of the Special Provisions on the Labor Protection of Female Employees stipulates that the employer shall arrange 1 hour of breastfeeding time for lactating female employees during the working hours of each day; Where a female employee gives birth to multiple babies, the breastfeeding time is increased by 1 hour per day for every additional baby breastfed.
Article 16 of the Special Provisions on the Labor Protection of Female Employees of Jiangsu Province stipulates that employers shall grant the following protection to female employees who breastfeed infants under the age of 1... (4) Not less than 1 hour of breastfeeding time shall be arranged during daily working hours; where multiple babies are born, the breastfeeding time of 1 additional baby shall be increased by 1 hour per day. Breastfeeding time and travel time to and from breastfeeding within the employer are counted as working hours. Article 17 stipulates that, upon her own application and the approval of the employer, female employees may take breastfeeding leave for no more than 6 months, and the treatment shall not be less than 80% of the local minimum wage standard, and if it exceeds 6 months, the treatment shall be determined by the two sides through consultation.
11. Dysmenorrhea leave
In 1993, the "Regulations on the Health Care Work of Female Employees" jointly promulgated by the former Ministry of Health, the All-China Federation of Trade Unions and other five departments has pointed out that female employees with severe dysmenorrhea and menorrhagia can be given 1 to 2 days of leave during menstruation after being diagnosed by medical or maternal and child health care institutions. At present, more than 10 provinces, including Beijing, Henan, Shaanxi, Zhejiang, Jiangsu, Liaoning, etc., have clarified this right and interest of female workers in local regulations.
Article 9 of the Special Provisions on the Labor Protection of Female Employees in Jiangsu Province stipulates that employers shall give menstruating female employees the following protections: (1) they shall not arrange labor that is prohibited by the state during menstruation, and shall temporarily transfer them to other work or take a break of 1 to 2 days; (2) for female employees of other types of work who have menorrhoea or are unable to insist on working due to dysmenorrhea, they shall be arranged to rest for 1 to 2 days after being certified by a medical institution. Employers with the capacity may issue a certain amount of hygiene products or fees every month. Article 5 of the Measures for the Labor Protection of Female Employees in Liaoning Province stipulates that employers shall grant the following labor protection to menstruating female employees: (1) they shall not arrange to engage in labor that is prohibited by menstruation prescribed by the state; (2) those who engage in continuous standing labor shall arrange at least 10 minutes of breaks every 2 hours; (3) if they are diagnosed with severe dysmenorrhea or excessive menstruation by medical institutions or maternal and child health institutions, they shall be given appropriate rest for 1 to 2 days.
12. Maternity leave
The former Insurance and Welfare Department of the State Administration of Labor pointed out in the Reply letter to the Shanghai Municipal Labor Bureau on the Issue of Maternity Rest and Sick Leave after More Than Six Months of Maternity (Labor Insurance Zi [1982] No. 2) that "if a female employee is pregnant according to family planning and needs to take a fetal rest after a doctor's certificate, the time of the fetal rest shall be handled in accordance with the provisions of the disease treatment implemented by the unit", that is, during the period of maternity leave, the employer shall pay wages according to the standard of sick leave wages.
At the local level, such as Guangdong, Jiangsu and Liaoning, "fetal protection leave" is stipulated. Article 10 of Guangdong Province's Measures for the Implementation of the Special Provisions on the Labor Protection of Female Employees stipulates: "During the period of pregnancy of female employees, employers shall comply with the following provisions: ... (2) Where a female employee is diagnosed by a medical institution and really needs to take a fetal rest, the time of the fetal rest shall be treated as sick leave. Article 11 of the Special Provisions on the Labor Protection of Female Employees in Jiangsu Province stipulates that if pregnancy is less than 3 months old, fetal rest shall be arranged according to the certificate of the medical institution. Article 7 of the Measures for the Labor Protection of Female Employees in Liaoning Province stipulates that if a female employee has symptoms of threatened miscarriage or has a history of habitual miscarriage, and she proposes to take a fetal rest, the employer shall make appropriate arrangements according to the diagnosis of the medical institution or maternal and child health care institution and the actual situation of the unit.
13. Bereavement leave
The Circular of the State Labor Administration and the Ministry of Finance on the Issue of Marriage and Funeral Leave and Road Leave for Employees of State-Owned Enterprises stipulates: First, when the employee himself marries or the employee's immediate family members (parents, spouses and children) die, they may, according to the specific circumstances, be approved by the administrative leadership of the unit and give one to three days of marriage and funeral leave as appropriate. 3. During the approved marriage and funeral leave and travel leave, the wages of the employees shall be paid. The cost of the car and ship on the way is all borne by the employees.
Therefore, the number of days of bereavement leave is generally 3 days, and does not include national statutory holidays, and wages and benefits are paid during the holidays.
14. Paid annual leave
Article 2 of the Regulations on Paid Annual Leave for Employees stipulates that employees of government organs, groups, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees and other units who have worked continuously for more than one year shall enjoy paid annual leave (hereinafter referred to as annual leave). The unit shall ensure that employees enjoy annual leave. Employees enjoy the same wage income during annual leave as during normal working hours. Article 3 stipulates: Where an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; Those who have completed 10 years and less than 20 years shall take 10 days of annual leave; Those who have completed 20 years of leave are 15 days a year off. National statutory holidays and rest days are not counted as annual leave. Article 4 stipulates that employees who have any of the following circumstances shall not enjoy the annual leave of the current year: (1) employees who enjoy winter and summer vacation in accordance with the law, and the number of days of leave is more than the number of annual leave days; (2) employees who have taken more than 20 days of personal leave and the unit does not deduct wages in accordance with regulations; (3) employees who have worked for 1 year and less than 10 years have taken sick leave for more than 2 months; (4) employees who have worked for 10 years and less than 20 years have taken sick leave for more than 3 months; (5) employees who have worked for more than 20 years. Sick leave accumulated for more than 4 months. Article 5 stipulates that the unit shall make overall arrangements for the annual leave of employees according to the specific conditions of production and work, and consider the wishes of the employees themselves. Annual leave can be arranged centrally or in stages within one year, and generally does not make arrangements across years. If it is really necessary for the unit to arrange annual leave for employees across the year due to the characteristics of production and work, it may arrange it across 1 year. If the unit is truly unable to arrange for employees to take annual leave due to the needs of work, it may, with the consent of the employee himself, not arrange for the employee to take annual leave. For the number of days of annual leave that an employee should take, the unit shall pay the annual leave wage remuneration according to 300% of the employee's daily wage income.
It should be noted that the cumulative working years of individual workers should include, but are not limited to, the working years of the current employer.
Link: Collector's Edition: 6 important documents for paid annual leave
15. Work-related injury leave (suspension period of pay)
Article 33 of the Regulations on Work-related Injury Insurance stipulates that if an employee suffers an accident injury due to work or suffers from an occupational disease and needs to suspend work to receive work-related injury medical treatment, the original salary and welfare 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 suspension without pay generally does not exceed 12 months. If the injury is serious or the circumstances are exceptional, it may be appropriately extended upon confirmation by the districted municipal labor capacity appraisal committee, but the extension shall not exceed 12 months. After assessing the level of disability, the injured worker shall cease to pay the original treatment and enjoy the disability treatment in accordance with the relevant provisions of this Chapter. If an injured worker still needs treatment after the expiration of the period of suspension of work and pay, he shall continue to enjoy medical treatment for work-related injury. If an injured worker who is unable to take care of himself or herself needs nursing care during the period of suspension of work and pay, the employer shall be responsible.
16. Family leave
The Provisions of the State Council on the Treatment of Employees visiting relatives stipulates that where an employee visits his or her spouse, he or she shall be granted family visit leave once a year for 30 days; unmarried employees shall, in principle, be granted leave once a year for visiting their parents, and the leave shall be 20 days; If the unit cannot give leave in the current year because of the needs of work, or if the employee voluntarily visits his family once every two years, he may give a leave of absence once every two years, and the leave is 45 days; if a married employee visits his parents, he or she will be given leave once every four years, and the leave shall be 20 days. In addition, travel leave is granted according to actual needs. These holidays include public holidays and statutory holidays. Employees who are on leave (e.g. school staff) should visit their families during their leave; If the leave period is short, the unit may make appropriate arrangements to make up for the number of days of family leave.
Link: Should family leave, which began 38 years ago, be canceled?
17. Travel leave
The Circular of the State Labor Administration and the Ministry of Finance on the Issue of Marriage and Funeral Leave and Road Leave for Employees of State-Owned Enterprises stipulates: Third, the wages of employees during the approved marriage and funeral leave and travel leave shall be paid. The cost of the car and ship on the way is all borne by the employees.
If it is a family visit leave, according to Article 6 of the Provisions on the Treatment of Family Visits, the round-trip travel expenses of employees visiting their spouses and unmarried employees visiting their parents shall be borne by the unit where they work. The round-trip travel expenses of married employees to visit their parents, which are within 30% of their monthly standard salary, shall be borne by themselves, and the excess part shall be borne by the unit.
18. Social activity leave
Paragraph 2 of Article 40 of the Trade Union Law stipulates that non-full-time members of grass-roots trade unions occupy production or working hours to participate in meetings or engage in trade union workers, and their wages shall be paid accordingly, and other benefits shall not be affected.
Article 30 of the Regulations on wage payment of Jiangsu Province stipulates that if a worker occupies working hours due to his or her participation in the following social activities in accordance with the law, the employer shall treat the worker as providing normal labor and pay his wages: (1) exercising the right to vote or to be elected; (2) people's congress deputies and CPPCC members performing their duties in accordance with law; (3) elected deputies attending meetings convened by the government, parties, trade unions, youth leagues, women's federations, etc.; (4) serving as jurors in the people's courts; (5) attending the congress of model workers and advanced workers; (6) Non-full-time workers of grass-roots trade unions perform their duties; (7) Participate in collective consultation and sign collective contracts while serving as representatives of collective consultation; (8) participate in conscription matters such as military service registration and reserve personnel participate in military training; (9) other social activities provided for by laws, regulations, and rules.
19. Chinese Farmers' Harvest Festival
On June 21, 2018, with the approval of the Party Central Committee and the approval of the State Council, since 2018, the autumn equinox day will be established as the "Chinese Farmers' Harvest Festival". The dates of the first and second "Chinese Farmers' Harvest Festival" are September 23, 2018 and September 23, 2019 in the Gregorian calendar, respectively.
20. The company's operating holidays
Article 31 of the Regulations on Wage Payment of Jiangsu Province stipulates that if an employer stops work, stops production or closes its business for reasons other than the employee's reasons, and the employee pays its wages within one wage payment cycle, it shall treat the employee as providing normal labor to pay its wages. If there is more than one wage payment cycle, wages may be paid according to the standards newly agreed upon by the two parties according to the labor provided by the worker; If the employer does not arrange for the employee to work, it shall pay the worker's living expenses at a rate of not less than 80% of the local minimum wage. Where the State provides otherwise, such provisions shall prevail.
Article 32 stipulates that if an employer pays sick leave wages, sickness relief expenses and living expenses to an employee in accordance with the provisions of Articles 27 and 31 of these Regulations in accordance with the provisions of Articles 27 and 31 of these Regulations, it must bear the social insurance premiums and housing provident fund that should be paid by the individual workers at the same time.
21. Class A infectious disease leave
In 2003, during sars SARS, 919 people were killed. This "atypical pneumonia" has left an indelible "atypical memory" in people's minds. Since the end of 2019, the pneumonia infected by the new crown virus has ravaged the world, and the damage this time is quite huge, as of 9 o'clock on January 27, 2021, the number of confirmed covid-19 cases worldwide has exceeded 100 million, and the number of deaths has exceeded 2 million, and it is still spreading.
Jiangsu stipulates the leave of Class A infectious diseases, that is, Article 28 of the Regulations on wage payment of Jiangsu Province stipulates that for suspected patients or close contacts who are listed as Class A infectious diseases or have adopted control measures for Class A infectious diseases according to law, and are excluded as patients or suspected patients through isolation and observation, the employer shall treat the employee as providing normal labor and pay his wages during the period of isolation and observation. The number of days of such sick leave is unknown, depending on the results of medical observation, and the employer shall pay the employee's salary as if it were a normal attendance.
Article 1 of the Notice of the General Office of the Ministry of Human Resources and Social Security on Properly Handling Labor Relations Issues During the Prevention and Control of the Novel Coronavirus Pneumonia Epidemic (Mingdian [2020] No. 5 of the Department of Human Resources and Social Security) stipulates: "For pneumonia patients, suspected patients and close contacts infected with the new coronavirus during their isolation treatment or medical observation period, as well as enterprise employees who cannot provide normal labor due to the government's implementation of isolation measures or other emergency measures, the enterprise shall pay the employees for their work during this period." The Opinions of the Ministry of Human Resources and Social Security, the Supreme People's Court and other seven departments on the Proper Handling of Issues Related to Labor Relations Related to the Epidemic (issued by the Ministry of Human Resources and Social Security [2020] No. 17) stipulates: "Where enterprises delay the resumption of work or workers cannot return to work due to emergency measures such as suspension of work and business and blockade of epidemic areas by the government in accordance with the law, they shall be handled in different situations." ...... Third, if the enterprise does not resume work or the enterprise resumes work but the employee does not return to work and cannot provide normal labor through other means, the enterprise shall consult with the employee with reference to the relevant provisions of the state on wage payment during the period of suspension of work and production, and within a wage payment cycle, pay wages in accordance with the standards stipulated in the labor contract; if there is more than one wage payment cycle, the enterprise shall pay living expenses, and the living expenses standard shall be implemented in accordance with the relevant local regulations. ”
22. Only child care leave
In local policies, some provinces, municipalities and districts have made similar provisions: the elderly who enjoy the treatment of parents of only children, during the period of hospitalization, the employer shall support their children to carry out nursing care, and give a total of 5-20 days of nursing time per year.
It is reported that Fujian, Guangxi, Hainan, Hubei, Heilongjiang, Huai'an, Guangzhou, Chongqing, Sichuan, Hebei, Shanxi, Beijing, Henan, Ningxia, Inner Mongolia, Yunnan, Xi'an, Nanjing and other places have issued specific regulations related to "one-child nursing leave".
The nursing time in various places is usually about 15 days, Henan stipulates that the only child accumulates not less than 20 days per year, and Heilongjiang stipulates that the only child accumulates 20 days per year.
In order to better protect the rights and interests of the elderly, Sichuan, Heilongjiang, Ningxia, Yunnan and other places also stipulate that non-only children can also be paid nursing care for 7-10 days.
Each province stipulates that paid care for children is subject to the condition of "hospitalization of the elderly during illness". Among them, Sichuan and other provinces have stricter regulations, requiring compliance with the conditions of "the elderly cannot take care of themselves during the hospitalization of illness", and Chongqing also stipulates the conditions of "when the elderly are hospitalized for illness and need nursing care of level two or above".
Fujian, as the first province to include paid care in the regulations, has been implemented since March 1, 2017.
23. Parental leave
On June 6, 2021, the State Council's Leading Group for the Protection of Minors's "Opinions on Strengthening The Work on the Protection of Minors" came into effect, encouraging qualified areas to explore the pilot of "parental leave".
Article 26 of the Regulations on the Protection of Women's Rights and Interests of Jiangsu Province stipulates: "During the period of maternity leave for the woman, the employer of the man is encouraged to arrange for the man to enjoy not less than five days of joint parental leave." Article 28 of the Regulations on the Protection of Women's Rights and Interests in the Ningxia Hui Autonomous Region stipulates: "Employers are encouraged to grant each spouse ten days of joint parental leave each year between the 0th and the third year of their children for couples who have children in accordance with laws and regulations." Article 14 of the Regulations on the Labor Protection of Female Employees of Fujian Province stipulates: "Employers are encouraged to grant each spouse ten days of parental leave each year during the period when the children are under the age of three years for couples who have children in accordance with laws and regulations." In September 2020, Xianning City, Hubei Province, issued an implementation plan: qualified government agencies, enterprises and institutions can independently explore the implementation of parental leave in line with the actual situation of the unit, both parents of infants and young children can apply, and the leave can be up to the age of 1 for infants and young children.