Newlyweds always like to arrange the wedding time in holidays, because holidays are generally festive festivals. Can marriage leave be postponed in case of national legal holidays? Let's get to know it.
Is marriage leave a legal holiday
According to Article 3 of the regulations on paid annual leave of employees, national statutory holidays and rest days are not included in the annual leave. In addition, Article 6 of the measures for the implementation of paid annual leave of enterprise employees stipulates that the leave enjoyed by employees in accordance with the law, such as family visit leave, marriage and funeral leave, maternity leave and other national provisions, as well as the paid period due to work-related injury shutdown, shall not be included in the annual leave. However, there are no clear laws and regulations about whether the legal leave days must be postponed. In practice, it is generally operated as follows: if the first or last day of marriage leave is a statutory holiday, the two holidays shall be taken together; however, if the legal leave is encountered during the marriage leave, the marriage leave shall include the statutory leave and shall not be postponed; moreover, it also includes public holidays. This is because the marriage leave is based on the employee's application. Employees can apply in advance or postpone the application. In this way, the purpose of taking the marriage leave together with the legal holiday can be realized.
Therefore, the marriage leave includes legal holidays, and the marriage leave cannot be postponed in case of legal holidays.
New regulations on marriage leave in 2018
1、 Relevant laws and regulations
At that time, there was no one-day leave for marriage and funeral in state-owned enterprises. We usually calculate the maximum of 3 days.
Article 25 of the population and family planning law of the people's Republic of China states that citizens who marry and have children late may receive rewards for extended marriage leave, maternity leave or other welfare benefits.
The draft amendment to population and family planning amends Article 25 by changing "citizens who marry late and have children late may receive rewards for extended marriage leave, maternity leave or other welfare benefits' to 'couples who have children in accordance with the provisions of Article 18 of this law may receive rewards for extended maternity leave or other welfare benefits'.
According to the provisions of Article 29 of the population and family planning law, the people's congresses and their standing committees or the people's governments of all provinces, autonomous regions, cities and larger cities shall formulate specific implementation measures for extending maternity leave awards or other welfare benefits in light of the actual situation.
Is it true that late marriage and late childbirth leave is cancelled
The 18th meeting of the Standing Committee of the National People's Congress deliberated and passed the amendment to the population and family planning law of the people's Republic of China (Draft), which was implemented on New Year's day in 2017. According to the draft amendment, the late marriage leave and late childbearing leave will be cancelled from January 1, 2017.
2、 How many days is the wedding leave
Statistics of marriage leave under family planning regulations in different regions: (updated on March 9, 2017)
Beijing: marriage leave 3 days + late marriage leave 7 days = 10 days (plan to cancel late marriage)
Shanghai: 10 days of marriage leave (late marriage leave cancelled)
Tianjin: 3 days of marriage leave (late marriage leave cancelled)
Chongqing: marriage leave 5 days + late marriage leave 10 working days
Anhui: marriage leave 3 days (late marriage leave cancelled)
Fujian: 15 days of marriage leave (late marriage leave cancelled)
Gansu: late marriage leave = 30 days
Henan: marriage leave 3 days + late marriage leave 18 days = 21 days
Guangdong: 3 days of marriage leave (late marriage leave cancelled)
Guangxi: marriage leave 3 days (late marriage leave cancelled)
Guizhou: marriage leave 3 days + late marriage leave 10 days = 13 days
Hebei: marriage leave 3 days + late marriage leave 15 days = 18 days
Heilongjiang: marriage leave 3 days + late marriage leave 15 days = 18 days
Hubei: marriage leave 3 days (late marriage leave cancelled)
Hunan: marriage leave 3 days + late marriage leave 12 days = 15 days