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Recently, in order to further enhance the scientific and democratic nature of legislation, broaden the channels for public participation in legislation, extensively listen to the opinions of all sectors of society, and improve the quality of legislation, the Shaanxi Provincial Department of Justice is now publishing the full text of the "Shaanxi Provincial Population and Family Planning Regulations (Revised Draft for Solicitation of Comments)" drafted by the Provincial Health commission to solicit opinions from all sectors of society. The deadline for comments is November 27, 2021.
Address: Shaanxi Provincial Department of Justice, No. 50 Jiangong Road, Yanta District, Xi'an City
Postal code: 710043
Tel:029-87293044(Provincial Department of Justice) (fax)
029-63916317(Provincial Health Commission)
Email: [email protected]
Shaanxi Provincial Department of Justice
October 27, 2021
The "Shaanxi Provincial Population and Family Planning Regulations (Revised Draft for Solicitation of Comments)" clearly states that marriage and childbearing of appropriate age and eugenic childbearing are advocated, and a couple can have three children. Parents who are born legally shall, between the first and third years of age, grant to both parents a year of not less than thirty days of parental leave. Employees are treated as attendance during marriage leave, maternity leave, nursing leave and parental leave, and enjoy corresponding wages and benefits.
The "Shaanxi Provincial Population and Family Planning Regulations (Revised Draft for Solicitation of Comments)" clearly put forward
Implement a parental leave system for parents
The reporter noted that the "Shaanxi Provincial Population and Family Planning Regulations (Revised Draft for Solicitation of Comments)" clearly states that adhering to the basic national policy of family planning, advocating age-appropriate marriage and childbearing, eugenics and excellent childbearing, a couple can have three children. Where a female employee gives birth to three children, another six months of incentive leave shall be granted, and her spouse shall be granted an additional nursing leave of fifteen days. In order to support the "three-child" policy, there is a very eye-catching provision on "parental leave" that is also of great concern to young parents, and the content of this provision is: Implement the parental leave system. Parents who are born legally shall, between the first and third years of age, grant to both parents a year of not less than thirty days of parental leave. Employees are treated as attendance during marriage leave, maternity leave, nursing leave and parental leave, and enjoy corresponding wages and benefits.
In addition, there are these incentives and social security:
Where a husband and wife who have gone through marriage registration in accordance with the law participate in a premarital medical examination before marriage registration, the leave shall be added by 10 days on the basis of the marriage leave prescribed by the State.
Where an employee lawfully gives birth to a child, the maternity leave shall be added by 60 days on the basis of the statutory maternity leave, and at the same time the man shall be granted 15 days of nursing leave, and the husband and wife shall be given 20 days of nursing leave if they live in a different place. Where female employees participate in pre-pregnancy examinations, they shall add ten days of maternity leave to the statutory maternity leave.
Before a female employee gives birth to a child to reach the age of one, her unit shall strictly follow the State Council's "Special Provisions on the Labor Protection of Female Employees" to ensure the time of breastfeeding and provide breastfeeding conditions. If the unit is truly unable to guarantee the breastfeeding time and provide the conditions for breastfeeding due to special circumstances, the unit may give three months to six months of breastfeeding leave after consultation with the person, and the nursing leave period shall be paid according to the standard of maternity allowance, which will not affect the promotion, adjustment of wages, and calculation of working age.
During pregnancy, childbirth and breastfeeding, women enjoy special labor protection and may receive assistance and compensation in accordance with the relevant provisions of the State. Guarantee women's legitimate rights and interests in employment and provide employment services to women whose employment is affected by childbirth.
Establish a system of paternity leave for parents of only children. The State advocates that in one-child family during the period when a couple has one child, if the parents of the only child unilaterally reach the age of sixty, the child shall be granted a nursing leave of not less than fifteen days per year. Employees are treated according to attendance during the period of paternity leave and enjoy corresponding wages and benefits.
The State encourages the children of rural one-child households and two-woman households during the period when a couple has one child to be given care under the same conditions when the province's junior high school is promoted to middle school and junior high school to secondary school, and families in difficulty are given economic support.
Employees shall, on the basis of the certificate of birth control surgery, take leave in accordance with the provisions of the state as attendance, and the original salary, bonus and subsidy shall be issued. Rural residents and other urban residents who miss work due to receiving birth control surgery shall be given a subsidy of not less than 200 yuan by the township (town) people's government or the subdistrict office, and the required expenses shall be paid from the special fund for family planning.
If one of the spouses undergoes birth control surgery and is certified by the administering unit that the other party is really in need of nursing care, five days of nursing leave shall be granted.
Units that violate the provisions of these Regulations and do not implement the provisions on preferential treatment such as marriage leave, maternity leave, parental leave, and paternity leave shall be ordered to make corrections by the human resources and social security departments at the county level or above, and shall be fined not less than 1,000 yuan but not more than 5,000 yuan.