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Provisions on the treatment of employees visiting relatives (Guo Fa [1981] No. 36) The treatment is: 1If an employee visits his or her spouse, he or she shall be granted home visit leave once a year for 30 days; 2.
In principle, unmarried employees are granted leave once a year for 20 days to visit their parents. If the employer cannot give leave in the current year due to work needs, or if the employee voluntarily visits relatives once every two years, he or she can take leave once every two years, and the leave is 45 days; 3.Married employees who visit their parents shall be granted leave once every four years, with a leave of 20 days; 4 Employees who are on leave (e.g. school staff) should visit their relatives during the leave period; If the leave period is short, the employer may make appropriate arrangements to make up the number of days of home leave.
5. Employees shall be paid wages according to their standard wages during the prescribed family visit leave and travel leave. 6. The round-trip travel expenses for employees to visit their spouses and unmarried employees to visit their parents shall be borne by their employers. If the round-trip travel expenses for a married employee to visit his or her parents are within 30% of his or her monthly standard salary, he or she shall be responsible for the excess, and the excess shall be borne by his or her employer.
7 All holidays listed above include public holidays and statutory holidays.
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The rules and regulations of the armed forces stipulate that the family members of married military personnel may come to the military to visit their relatives every year, and the general time is 45 days, and in special circumstances it can be extended to 60 days.
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Legal analysis: Military family members are entitled to family leave, and if there is no circumstance that the law stipulates that they cannot visit relatives, it is illegal for the unit not to allow military family members to take home visit leave. In accordance with the provisions of the relevant laws, as long as they are permanent employees who have worked for one year or more in state organs, people's organizations, and enterprises and institutions owned by the whole people, and do not live with their spouses and cannot reunite on public holidays, they may enjoy the benefits of visiting their spouses in these provisions; Those who do not live with their father or mother and cannot be reunited on public holidays may be allowed to enjoy the benefits of visiting their parents in these provisions.
Legal basis: Article 2 of the "Provisions on the Treatment of Employees Visiting Relatives": All permanent employees who have worked in state organs, people's organizations, enterprises and institutions owned by the whole people for one year, do not live together with their spouses, and cannot reunite on public holidays, can enjoy the treatment of visiting their spouses in these regulations; Those who do not live with their fathers and mothers, and cannot reunite on public holidays, may enjoy the benefits of visiting their parents in these Provisions.
However, if an employee is able to reunite with his father or mother on a public holiday, he or she shall not be entitled to the benefits of visiting his or her parents under this provision.
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Legal analysis: the province can take home leave, home leave refers to the time when employees and their spouses, parents reunite, in addition, according to the actual needs of the travel leave. All of the above holidays include public holidays and statutory holidays.
Legal basis: Article 3 of the "Provisions on the Treatment of Family Visits for Workers" Employee Family Visit Leave:
1) If an employee visits his or her spouse, one of the employees shall be granted home visit leave once a year for 30 days.
2) Unmarried employees visiting their parents, in principle, are given leave once a year, and the leave is 20 days, if the unit cannot give the leave in the current year because of work needs, or the employee voluntarily visits relatives for two years, he can be given leave once every two years, and the leave is 45 days.
3) Married employees who visit their parents shall be given leave once every 4 years, and the leave shall be 20 days.
Family visit leave refers to the time when employees reunite with their spouses, parents and parents, and travel leave is given according to actual needs. All of the above holidays include public holidays and statutory holidays.
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It is not illegal for a unit not to allow a military family member to take a leave of absence to visit relatives, and a military family member is entitled to family leave, and if there is no circumstance prescribed by law that prevents a family member from visiting a family, it is illegal for a unit not to allow a military family member to take family leave. In accordance with the provisions of relevant laws, as long as they are permanent employees who have worked for one year or more in state organs, people's organizations, and enterprises and institutions owned by the whole people, do not live together with their spouses, and cannot reunite on public holidays, they may enjoy the benefits of visiting their spouses in these provisions; Those who do not live with their fathers and mothers, and cannot reunite on public holidays, may enjoy the benefits of visiting their parents in these Provisions.
Legal basis. Article 2 of the Provisions on the Treatment of Employees Visiting Their Relatives may enjoy the benefits of visiting their spouses in these Provisions if they have worked for one year or more in state organs, people's organizations, enterprises owned by the whole people, and public institutions, and do not live together with their spouses and cannot be reunited on public holidays; Those who live with their father and mother, and are unable to reunite on public holidays, may enjoy the benefits of visiting their parents in these provisions. However, if an employee is able to reunite with his or her father or with his mother on a public holiday, he or she shall not be entitled to the benefits of visiting his or her parents under these provisions.
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Legal Analysis: Family visit leave refers to the annual leave of reuniting with parents or spouse of employees who are separated from their parents or spouses. The purpose of providing for family visit leave is to appropriately solve the problem of family visits of employees and their relatives who live in two places for a long time.
Conditions for enjoying family visit leave and family visit leave. The employer's refusal to allow military family members to take home leave is a labor dispute and does not constitute a violation of the law. You can file a complaint with the labor inspection department for settlement or apply for labor arbitration.
Legal basis: "Provisions on the Treatment of Employees Visiting Relatives".
Article 2: All permanent employees who have worked for one year or more in state organs, people's organizations, enterprises owned by the whole people, or public institutions, who do not live together with their spouses and are unable to reunite on public holidays, may enjoy the benefits of visiting their spouses in these Provisions; Those who do not live with their father or mother, and cannot reunite on public holidays, may enjoy the benefits of visiting their father and mother in these Provisions. However, if the employee of the backup chain can reunite with his father or mother on a public holiday, he or she cannot enjoy the treatment of visiting his parents under these provisions.
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Military family members are entitled to family leave, and if there is no circumstance that the law stipulates that they cannot visit relatives, it is illegal for the unit not to allow military family members to take family leave. In accordance with the provisions of relevant laws, as long as they are permanent employees who have worked for one year or more in state organs, people's organizations, and enterprises and institutions owned by the whole people, do not live together with their spouses, and cannot reunite on public holidays, they may enjoy the benefits of visiting their spouses in these provisions; Those who do not live with their fathers and mothers, and cannot reunite on public holidays, may enjoy the benefits of visiting their parents in these Provisions.
Provisions on the Treatment of Employees Visiting Relatives".
Article 4 Family visit leave is divided into the following types: (1) To visit one's spouse, one party shall be granted home visit leave once a year for 30 days. (2) Unmarried employees visiting their parents shall be given leave once a year for 20 days, or once in 2 years for 45 days according to the actual situation.
3) Married employees visiting their parents are given leave once every 4 years, 20 days. The family visit stool holiday refers to the time for employees to reunite with their spouses, fathers and mothers, and in addition, travel leave is given according to the needs of Shipei Mountain. All of the above holidays include public holidays and statutory holidays.
4 Employees who are on leave (e.g. school staff) should visit their relatives during the leave period; If the leave period is short, the employer may make appropriate arrangements to make up the number of days of home leave.
Article 2: All permanent employees who have worked for one year or more in state organs, people's organizations, enterprises owned by the whole people, or public institutions, who do not live together with their spouses and are unable to reunite on public holidays, may enjoy the benefits of visiting their spouses in these Provisions; Those who do not live with their fathers and mothers, and cannot reunite on public holidays, may enjoy the benefits of visiting their parents in these Provisions. However, if an employee and his father or mother are able to reunite on a public holiday, they cannot enjoy the benefits of visiting their parents under these Regulations.
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