Provisions and benefits for statutory holidays, annual leave, maternity leave, marriage and funeral leave in 2021
For hard-working workers, normal weekly rest days and statutory holidays can allow us to relieve fatigue, release stress, relax our mood, and only after the rest can we put into work in a better state. In today's article, we will mainly talk about the regulations, time and treatment of various vacations.
Weekly 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. 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. Therefore, some companies will allocate 40 hours in 6 days, and it is also legal to rest for 1 day.
Statutory holidays
The national statutory holidays in 2021 are a total of 11 days: New Year's Day (January 1), Spring Festival 3 days (the first day, second and third day of the first lunar month), Qingming Festival (the day of the Lunar Calendar), Labor Day (May 1), Dragon Boat Festival (lunar Dragon Boat Day), Mid-Autumn Festival (Lunar Mid-Autumn Festival), National Day (October 1, 2nd and 3rd).
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.
"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.
maternity leave
According to Article 7 of the Special Provisions on the Labor Protection of Female Employees, female employees enjoy 98 days of maternity leave, of which 15 days of prenatal leave can be taken; in the case of difficult childbirth, the maternity leave is increased by 15 days; and in the case of multiple births, each additional baby is born, and the maternity leave is increased by 15 days. 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.
Couples who have children in accordance with the provisions of these Regulations in accordance with the "Sichuan Provincial Population and Family Planning Regulations" shall, in addition to the provisions of laws and regulations, extend the woman's maternity leave by 60 days and give the man a nursing leave of 20 days. Maternity leave and nursing leave are regarded as attendance, and the salary and welfare benefits remain unchanged.
Prenatal leave: 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.
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; if a female employee gives birth to multiple babies, the breastfeeding time shall be increased by 1 hour per day for each additional baby.
Maternity 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 time.
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 Treatment of Female Employees in Maternity Rest and Sick Leave After More Than Six Months (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.
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 enjoy winter and summer vacations in accordance with law, and their number of vacation days is more than the number of annual vacation days;
(2) Where employees have taken personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;
(3) Employees who have worked for a cumulative period of 1 year but less than 10 years, and have taken sick leave for a cumulative period of more than 2 months;
(4) Employees who have worked for 10 years but less than 20 years, and have taken sick leave for a cumulative period of more than 3 months;
(5) Employees who have worked for more than 20 years have taken sick leave for a cumulative period of more than 4 months.
According to the provisions of the Notice of the Sichuan Provincial Labor and Social Security Department on Issues Related to the Implementation of the "Implementation Measures for Paid Annual Leave for Employees of Enterprises", the Sichuan Labor social Security Office [2009] No. 35
4. Employers shall arrange annual leave for employees who meet the prescribed conditions. The employer may make overall arrangements for annual leave according to the specific conditions of production and work, and consider the wishes of the employees themselves. If the employer is truly unable to arrange for the employee to take annual leave due to the needs of the work or arrange annual leave across one year, it shall obtain the consent of the employee himself or herself.
5. If an employee has worked for 10 or 20 years in the current year, and the annual leave changes from 5 days to 10 days or from 10 days to 15 days, the number of annual leave days in the current year shall be calculated according to the following formula:
(The number of calendar days that have elapsed in the current year at the time of 10 or 20 years ÷365 days) × 5 or 10+ (the number of calendar days remaining in the current year after 10 or 20 years ÷365 days) × 10 or 15.
Those who are less than 1 full day after conversion are not entitled to annual leave.
6. When the Employer pays wages and remuneration according to the number of days of untaken annual leave, it shall pay the wage remuneration for the untaken annual leave calculated at the rate of 200% of the daily wage on the basis of the wage income paid to the employee for normal work.
Marriage and funeral 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.
According to the Reply of the Labor Department of Sichuan Province on the Provisions of the Labor Department of Enterprises on Marriage and Funeral Leave (Sichuan Labor Insurance [1993] No. 95), if an employee marries himself, he or she may be granted a five-day wedding and funeral leave (not including the late marriage leave that should be enjoyed according to regulations) according to the circumstances and with the approval of the administrative leadership of the unit. If both parties do not work (reside) in the same place when an employee is married, and one of the units may give another travel leave according to the distance where the other party is located, or if the employee's immediate family member in the field dies and needs the employee to go to the field to attend to the funeral, he may be granted another travel leave according to the distance.
One-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.
According to the newly revised Regulations on the Protection of the Rights and Interests of the Elderly in Sichuan Province, if the elderly are unable to take care of themselves during the period of illness and hospitalization, the employer where the children belong shall give the only child a cumulative nursing care time of not more than 15 days per year, and give the non-only child a cumulative nursing care time of not more than 7 days per year.
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