Official announcement!Edition 2023: 25 categories of marriage leave, maternity leave, annual leave, sick leave, case leave, breastfeeding leave, etc.

As a HR, do you understand the 25 regulations and treatment of the holidays?

2023 The latest edition of the 25 category and treatment of the holidays, HR quickly forwarded the collection ~

The 25 -type holidays summarized in this article are as follows.

1. Resting day 2. Legal holidays 3. Partial holidays 4. Destructive leave 5. Disease leave 6. Wedding leave 7. Maternity leave 8. Pre -birth leave 9. Nursing leave 10. Pre -pregnancy examination leave 11. Breastfeeding leave 12. Dysmenorrhea leave 13. 13.Bare leave 14. Breastfeeding leave 15. Funeral leave 16. Annual vacation 17. Injury leave 18. Detective leave 19. Social activity leave 20. Harvest harvest festival 22. Business holidayFemale care leave 25. Parenting leave

(1) Rest 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.

(2) Legal holidays

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.

(3) Some holidays

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.

(4) 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 …

(5) Disease leave (disease or non -work 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.

(6) Marriage 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.

(7) Maternual 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.

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.

(8) Preparatory leave

That is to say, female employees are pregnant for more than seven months, and they can enjoy a certain period of paid vacation, and the specific regulations in each region are different.

Related laws:

女 Article 10 of the "Special Regulations for Women’s Workers’ Labor Protection" in Guangdong Province:

During the pregnancy of female employees, the employer shall comply with the following requirements:

(1) If a female employee cannot adapt to the original labor position, it shall reduce the amount of labor or arrange other positions that can adapt according to the certification of the medical institution.

(2) If the female employee is diagnosed with a medical institution, it is necessary to keep the fetus and rest, and the time to protect the fetus shall be treated according to sick leave.

(3) If the female employee is more than 7 months of pregnancy, it is arranged to rest for an hour every day. The rest time of the work between the work is deemed to be as a normal labor and pays the normal working time.Female employees who work in their positions should also have a rest seat at their workplace.

(4) If a female employee conducts prenatal inspections in accordance with regulations during the labor time, the time required is deemed to be as normal labor and pays the normal working time.

(9) 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 to 30 days. For example, there are more than a dozen regions such as Beijing, Jiangsu, Guangdong, and Shandong.For 20 days, Inner Mongolia, Guangxi, Ningxia Province 25 days, Yunnan, Jiangxi, Tibet, Gansu is 30 days, and Henan is 1 month.

(10) Pre -delivery 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:

Pregnant female employees conduct prenatal inspections during labor time, and the time required is included in the labor time.

(11) breastfeeding leave

Breastfeeding leave is one year after the baby is born, and the mother can enjoy the breastfeeding time of 0.5 hours twice during the working time.

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.

(Twelve) 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.

(Thirteenth) Female 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) Peremental leave

Saturch leave refers to: holidays enjoyed by those who voluntarily implement health measures.

Related laws:

国 The provisions of Article 19 and 20 of the Population and Family Planning Law of the People’s Republic of China:

The country creates conditions to ensure that citizens know the choice of safe, effective, and appropriate contraceptive nursery measures.The implementation of contraceptive breeding surgery should ensure the safety of the subject.Choose planning and contraceptive measures for childbearing age couples.

(15) 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.

(16) paid annual vacation

If employees work for more than 1 year, they enjoy paid annual leave. Among them, the cumulative working years of employees should include but not limited to the working years of the current inauguration.

Related laws:

Article 2 of the "Regulations on Employees Parallel annual vacation" stipulates:

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.

(17) Work injury leave (period of stop work and salary)

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.

(18) Detective fake

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.

(19) Architect

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.

(20) Social activity leave

Related laws:

四 Article 40 of the Trade Union Law stipulates:

Non -full -time members of the grass -roots trade unions occupy a meeting or working time to participate in the meeting or engage in union workers. It does not exceed three working days a month. The salary is issued and other benefits are not affected.

(21) Chinese Farmers Harvest Festival

On June 21, 2018, with the approval of the Party Central Committee and the approved by the State Council, since 2018, it will be set up to the "Chinese Farmers Harvest Festival" every year.

(Twenty -three) Company business holiday

Related laws:

工 "Shenzhen employee salary payment regulations (2019)" Article 28 stipulates:

If the employer is discontinued or produced due to employees, and the employer does not exceed a salary payment cycle (30 days), the employer shall pay the salary according to the normal working hours.

If more than one salary payment cycle, the labor can be paid according to the labor provided by the employee according to the labor provided by the employee; if the employer does not arrange an employee to work, it shall pay the living expenses of the workers in accordance with the 80 % percent of the minimum wage standards of the minimum local.The living expenses are issued until the corporate resumption of work, re -production, or lifting labor relationship.

(24) Class A infectious disease leave

Related laws:

部 The General Office of the Ministry of Human Resources and Social Security "Notice on the proper treatment of a new coronary virus infection in the prevention and control of pneumonia infection" (notice of labor relations during the prevention and control of pneumonia "(Mindian [2020] No. 5) of the Human Resources and Social Affairs Department:

Patients with pneumonia infected with new coronary virus infection, suspected patients, and close contacts during their isolation treatment or during medical observation, or enterprise employees who cannot provide normal labor due to the government’s implementation of isolation measures or take other emergency measures. Enterprises shall pay employees here.Remuneration during the period.

部 The seven departments of the Ministry of Human Resources and Social Security, the Supreme People’s Court, etc. The "Opinions on the Proper to deal with the issue of the labor relationship related to the epidemic" (the Ministry of Human Resources and Social Affairs [2020] No. 17) stipulates:

For urgent measures such as being isolated in accordance with the law but belonging to the government’s adoption of suspension of work and suspension in accordance with the law, and blocking the epidemic areas, such as delaying the resumption of work or not being able to return to the job by enterprises, they are distinguished from different circumstances.

Nympho

Third, if the enterprise fails to resume or resumes the enterprise, but the laborer fails to return to the job and cannot provide normal labor in other ways, the enterprise shall negotiate with the workers with reference to the relevant regulations of the state’s wage payment during the suspension of production and suspension.Standard payment of standards stipulated in the labor contract; if more than one salary payment cycle shall be issued by the enterprise, the living expenses standard shall be implemented in accordance with relevant local regulations.

(Twenty -four) The only child girl 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.

(25) Parenting leave

Since 2021, provinces and cities have gradually launched parenting leave, ranging from 5-20 days.

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.

Source: 51 Social Security Network

Ovulation Test Strips - LH50/60/105


Posted

in

by

Tags: