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How many days does the new regulations on marriage leave in 2017 summarize the national regulations

new national regulations on marriage leave in 2017

In December 2015, the Standing Committee of the National People's Congress deliberated on the amendment (Draft) to the population and family planning law, which stipulates that couples who meet the policy of childbearing can obtain the reward of extended maternity leave or other welfare treatment. As for how to extend the maternity leave, the provinces, autonomous regions, municipalities directly under the central government and other provinces shall formulate specific implementation measures in combination with the local actual situation.

Since the revised population and family planning law was reviewed and adopted by the Standing Committee of the National People's Congress on December 27, 2015, local family planning regulations have been revised successively. According to the investigation, at least nine provinces of Anhui, Shanxi, Jiangxi, Guangxi, Guangdong, Hubei, Tianjin, Zhejiang and Ningxia have officially issued new family planning regulations. In the new regulations, these nine places all cancelled the late marriage leave, and made some adjustments to the maternity leave, male paternity leave and nursing leave. After the adjustment, the marriage leave in Shanxi reached 30 days, the maternity leave in Anhui, Jiangxi and other places was 158 days, and the paternity leave for men in Guangxi and Ningxia was extended to 25 days.

In addition, the draft amendments to the family planning regulations in Beijing, Jilin, Liaoning, Shandong, Sichuan, Yunnan and other places are already soliciting opinions or waiting for the provincial people's Congress to consider and approve them Provincial marriage leave, late marriage leave, maternity leave, paternity leave (nursing leave) in Anhui Province, 3 days, 20 days, 158 days, 10 days (living in a different place, 20 days), Shanxi Province, 30 days, 158 days, 15 days, Jiangxi Province, 3 days, 15 days, 158 days, 15 days, Ningxia Province, 3 days, 15 days, 25 days, Guangxi Province, 3 days, 12 days, 148 days, 25 days, Guangdong Province, 3 days, 10 days, 128 days, 15 days, Hubei Province, 3 days, 15 days, 128 days, 15 days, 15 days Tianjin 3 days, 7 days, 128 days, 7 days, Zhejiang 3 days, 12 days, 128 days, 15 days

Days of marriage leave

There is no regulation at the level of law, only at the level of administrative regulations and normative documents. [1980] l.z.c.z. No. 29 stipulates that marriage leave shall be 1-3 days. If the two parties are not in the same place, they shall be given journey leave. This document was then aimed at state-owned enterprises. Usually we count it as three days at most.

Days of late marriage leave

There are different regulations on population and family planning in different parts of the country. Most provinces and cities extend or increase the number of marriage leave days (combined relationship), and some directly stipulate the number of marriage leave days (including relationship) in line with late marriage. See the schedule of marriage leave days in all provinces of China for details.

Note: the number of days of late marriage leave shall be in accordance with the latest documents

Late marriage: first marriage for a man of 25 years old or a woman of 23 years old

According to the 1982 instruction of the Central Committee of the Communist Party of China on further carrying out family planning work, it is late marriage to postpone marriage for more than 3 years according to the legal age of marriage; late childbearing for women over 24 years old. According to the marriage law of China, the legal age for marriage is 22 for men and 20 for women. Therefore, on the basis of the legal age of marriage, the late marriage is the first marriage of young men and women over the legal age of marriage for more than 3 years, that is, the marriage of men over 25 years old or women over 23 years old; the late childbearing is to appropriately postpone the age of the first childbearing after marriage, that is, the childbearing of women over 24 years old.

The latest marriage leave in 31 provinces in 2016

In 2016, the deposit and abolition of "late marriage leave" in various provinces have also been settled. The original marriage leave, maternity leave and paternity leave (i.e. men's nursing leave) have been modified in different regions. According to the regulations issued, most provinces' marriage leave is based on the principle of canceling late marriage and childbearing and extending maternity leave. The days of marriage leave in most provinces are consistent with the national laws and regulations. 29 provinces cancelled the original late marriage leave, 11 of which deleted the relevant regulations on late marriage leave, and did not make other relevant provisions on marriage leave, so the marriage leave in these provinces will be consistent with the national laws and regulations, with only three days of legal marriage leave. These provinces include Guangdong, Hubei, Sichuan, Zhejiang, Jiangxi, Ningxia, Guangxi, Anhui, Hunan, Tianjin and Shandong. Shanxi and Gansu reserve 30 days of luxury marriage leave.

Laws and regulations on marriage leave

In the law on population and family planning, it is mentioned that marriage leave can be extended for late childbearing: 'Article 25 citizens who marry late and have late childbearing may be rewarded with extended marriage leave, maternity leave or other welfare benefits. '-- population and family planning law of the people's Republic of China (Order No. 63 of the president of the people's Republic of China)

There is no reference to marriage leave in the marriage law.

The labor contract law implemented on January 1, 2008 does not mention marriage leave days

Administrative regulations and normative documents

[1980] lzjz No. 29 has relatively clear provisions, and the notice is still applicable. Therefore, under normal circumstances, marriage leave of 1-3 days, if you do not work in one place, you can give another distance leave according to the distance.

'the original circular (59) zlcz No. 67 issued by the Ministry of labor on June 1, 1959 stipulated that if an employee of an enterprise asks for marriage or funeral leave within three working days, the salary shall be paid accordingly. Since the trial implementation of this method, some units and employees have reported that the two sides are not working in the same place when the employees get married, and the employees themselves are required to attend the funeral in other places when their immediate relatives die. As there is no journey leave, some practical difficulties have been brought to the employees. According to the research, the following notice is given to the employees about their application for marriage and funeral leave and journey leave:

1. When an employee marries himself or his / her immediate relatives (parents, spouses and children) die, he / she may, according to the specific circumstances and with the approval of the administrative leader of his / her own unit, give one to three days of marriage or funeral leave as appropriate.

2. If both parties of an employee are not working in the same place at the time of marriage; if an employee needs to go to another place to attend the funeral when his or her immediate relatives in another place die, he or she may be given a journey leave according to the distance.

3. During the approved marriage and funeral leave and journey leave, the employees' wages shall be paid accordingly. All the fares on the way shall be borne by the employees themselves.

4. The above provisions shall be implemented from the month when this circular is issued. '-- Circular of the State Administration of labor and the Ministry of Finance on the application of marriage and funeral leave and journey leave for employees of state-owned enterprises (February 20, 1980 [1980] lzjz No.29)

Relevant tips: (59) ZLJZ No. 67 refers to the opinions on the salary and treatment of workers and staff in enterprises during overtime, personal leave, sick leave and shutdown, among which '2. The salary and treatment during personal leave' has the following words:

'3. In order to take care of the old habits of our country, no matter whether the workers and staff ask for marriage and funeral leave within three working days, the salary shall be paid (not included in the second personal leave mentioned above); if it exceeds three working days, no salary shall be paid. '

Local policy on marriage leave

The specific marriage leave time of late marriage is generally based on the provisions of each province or municipality directly under the central government in accordance with the population and family planning law of the people's Republic of China, which are generally stipulated in the regulations of population and family planning of XX Province (city), and the regulations of the PLA on family planning of the military, which are inconsistent throughout the country:

Beijing: 3 days of marriage leave + 7 days of late marriage leave = 10 days

Regulations of Beijing Municipality on population and family planning (adopted at the 5th meeting of the Standing Committee of the 12th people's Congress of Beijing on July 18, 2003) 'Article 20'

Employees of government organs, social organizations, enterprises and institutions who marry late shall enjoy 7 days of bonus leave in addition to the marriage leave prescribed by the state. In addition to the maternity leave stipulated by the state, female employees with late childbearing shall be given 30 days of bonus leave, which can also be enjoyed by the male side. During the leave period, their basic wage shall not be reduced or the labor contract shall not be terminated; the continuous bonus leave shall be given according to the standard of one month's basic wage of the female side.

In the case of late marriage or childbearing of employees of individual businesses, the employer shall reward them in accordance with the provisions of the preceding paragraph of this article.

The people's governments of towns and townships and sub district offices shall give appropriate rewards to rural residents, urban jobless residents and individual industrial and commercial households for their late marriage and childbearing. '-- regulations of Beijing Municipality on population and family planning (adopted at the 5th meeting of the Standing Committee of the 12th people's Congress of Beijing on July 18, 2003)

Circular of the Beijing Municipal Bureau of labor and the Beijing Municipal Bureau of Finance and Taxation on Forwarding the circular on the application of marriage and funeral leave and journey leave by employees of state owned enterprises

[80] slzz No. 60 issued on March 10, 1980

It's forwarded inside

Circular of the Ministry of finance of the State Administration of labor on the application of marriage and funeral leave and journey leave for employees of state-owned enterprises (l.z.y.z.z.z. No.29, 1980)

Shanghai: 3 days of marriage leave + additional 7 days of marriage leave = 10 days

If employees in Shanghai get married (including first marriage and remarriage), they can enjoy 3 days of paid marriage leave stipulated by the state, with an additional 7 days of marriage leave (refer to local population and family planning regulations and other policies in other regions), but the marriage registration date must be after the employees are employed by the company. All paid marriage leave must be used continuously (marriage leave shall be postponed in case of legal holidays). Other provisions shall be implemented in accordance with the latest national policies and regulations.

Tianjin: 3 days of marriage leave + 7 days of late marriage leave = 10 days

Article 23 If state functionaries and employees of enterprises and institutions marry late, their marriage leave shall be increased by seven days.

If a state functionary or an employee of an enterprise or institution has late childbearing, the unit to which the male party belongs shall be given seven days of nursing leave, and the unit to which the female party belongs shall be given an additional 30 days of maternity leave; if the maternity leave cannot be increased, a reward of one month's basic wage or actual wage shall be given. Those who take part in the insurance after the implementation of the birth insurance system shall be subject to the provisions of the insurance. Wages shall be paid at the same time during late marriage and childbearing, and other welfare benefits shall be the same as the marriage leave and maternity leave stipulated by the state.

If a rural resident marries or gives birth late, he may, with reference to the provisions of the preceding paragraph, be rewarded by the people's Government of his township or town and the villagers' committee according to the actual situation. -- regulations of Tianjin Municipality on population and family planning (adopted at the fourth meeting of the Standing Committee of the 14th people's Congress of Tianjin on July 11, 2003)

Chongqing: 5 days of marriage leave + 10 working days of late marriage leave

1. 1. If an employee marries himself / herself, he / she shall be granted 5-day marriage leave (excluding the late marriage leave that shall be enjoyed according to the regulations) with the approval of the administrative leader of the unit. If both parties do not work (Live) in one place at the time of marriage, one of the units may give another journey leave according to the distance to the other party's location.

---Notice of Chongqing Municipal Bureau of labor and social security on the handling opinions of employees' asking for marriage and funeral leave (zlbf [2000] No. 24)

2. 'Article 28

Encourage citizens to marry and have children later. A man who has reached the age of 25 or more and a woman who has reached the age of 23 or more shall be considered as a late marriage, while a married woman who has given birth to the first child over the age of 24 shall be considered as a late childbearing.

For late married workers, marriage leave will be increased by 10 working days; for late childbearing women, maternity leave will be increased by 20 working days. The increased marriage leave and maternity leave are regarded as working hours. Employees who marry or have children late may be given one-off rewards or other welfare benefits by their units.

A female employee who has given birth to only one child at a later age may, upon application by the employee and approval by the employer, take a continuous leave until the child is one year old. The monthly salary during the leave period shall be no less than 75% of the average monthly salary of the previous year before the leave.

During the period of maternity leave for late childbearing, the unit where the man works shall give him seven working days of nursing leave, which shall be regarded as working time. -- regulations of Chongqing Municipality on population and family planning (revised at the 19th meeting of the Standing Committee of the second people's Congress of Chongqing on September 29, 2005)

Anhui: 3 days of marriage leave + 20 days of late marriage leave = 23 days

"Article 39 A man at the age of 25 and a woman at the age of 23 shall be registered as a late marriage. The first birth of a married woman over the age of 24 is a late birth.

State organs, social organizations, enterprises and institutions shall give the following rewards to the employees who marry or have children late:

(1) for the first marriage in late marriage, the marriage leave shall be extended for 20 days;

(2) for the primipara with late childbearing, the maternity leave shall be extended for 30 days;

(3) applying for the only child during the period of maternity leave