How do I take family leave? How family leave is taken

Mr. Xu came to Shanghai to work after graduating in 2002, when the unit handled the introduction of talents, Mr. Xu cherished his current work very much, so he came to Shanghai to work for 4 years has not returned to his hometown in Sichuan to visit relatives, this year Mr. Xu wants to take advantage of the opportunity of the Spring Festival to go home to see, but because the road is relatively long, and the Spring Festival vacation time is not very long, so Mr. Xu wants to ask for family leave to stay at home for a longer period of time, but Mr. Xu got the answer after consulting the personnel of the unit is, At the same time, because Mr. Xu had only worked in the company for two years and had not yet reached the five-year service requirement required for annual leave, Mr. Xu believed that the family leave was a national holiday and the employee had the right to enjoy it, so he consulted with his lawyer.

Lawyer Lu Jingbo, director of Shanghai and director of the network, replied:

Family visit leave refers to the leave of reunion between employees and their spouses, fathers and mothers, and the state has relevant regulations on home visit leave, but this provision is relatively early, and there are relatively few units in non-state-owned enterprises that strictly implement this provision. In 1981, the No. 36 document "Provisions on the Treatment of Employees Visiting Relatives" has clearly stipulated: 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 with their parents and cannot reunite on public holidays, can enjoy the treatment of visiting their parents in these regulations.

This provision has not been superseded by other statutes since its promulgation in '81 and has not been repealed, so it should still be applied today.

According to the provisions, for unmarried employees to visit their parents, in principle, the employer shall grant leave once a year for one day. If the unit cannot give leave in the current year due to work needs, or if the employee voluntarily visits his relatives once every two years, he or she can take leave once every two years, and the leave is one day. Mr. Xu should belong to this situation.

In the case of a married employee visiting his or her parents, it is stipulated that leave may be granted once every four years in the form of one day. In addition, according to the actual needs, the unit should give travel leave. All such holidays include public holidays and statutory holidays.

Employees shall be paid wages according to their standard wages during the prescribed family visit leave and travel leave. The round-trip travel expenses for unmarried employees to visit their parents shall be borne by their employers within a certain standard, including hard seats on trains, fourth-class cabins on ships, long-distance bus fares, intra-city transportation expenses, excluding taxis, and one-day transit accommodation expenses. Married employees shall pay for the round-trip travel expenses for visiting their parents within their monthly standard salary, and the excess part shall be borne by their employers.

Family leave has existed for decades, but it has rarely been taken. For example, if you are a civil servant or a public institution, if you live separately from your parents or husband, you can take this leave. You can first communicate with your employer to ask for leave.

Legal analysis: The specific provisions are as follows: 1. To visit a spouse, one party shall be granted home visit leave once a year, 30 days.

2. Unmarried employees visiting their parents will be given leave once a year for 20 days, or once every 2 years for 45 days according to the actual situation.

3. Married employees visit their parents and are given leave every 4 years. 20 days. Family visit leave refers to the time when employees reunite with their spouses, parents and parents, and travel leave is granted according to actual needs. All of the above holidays include public holidays and statutory holidays.

Legal basis: Labor Law of the People's Republic of China

Article 46 The distribution of wages shall follow the principle of distribution according to work, and equal pay for equal work shall be implemented.

The level of wages has been gradually raised on the basis of economic development. The state implements macroeconomic regulation and control over the total amount of wages.

Article 47 An employer shall, on the basis of the characteristics of its production and operation and its economic benefits, independently determine the wage distribution method and wage level of its unit in accordance with law.

Article 48 The State implements a minimum wage guarantee system. The specific standards of the minimum wage shall be prescribed by the people of the provinces, autonomous regions and municipalities directly under the Central Government, and shall be reported to the State Affairs Deficit Court for the record.

The employer shall pay the employee a salary that shall not be lower than the local minimum wage. Sikong Lu.

1) The minimum living expenses of the worker himself and the average dependent population;

2) the average level of social wages;

3) labor productivity;

4) employment status;

5) Differences in the level of economic development between regions.

Article 50 Wages shall be paid to the workers themselves in the form of money on a monthly basis. Wages shall not be deducted or unjustifiably delayed.

A written request for leave.

1: The first is the main condition, only the employees of state organs, people's organizations and enterprises owned by the whole people can enjoy the treatment of family leave, the second is the time condition, they need to work for one year, and the third is the reason condition, if they do not live with their spouse and cannot reunite on public holidays, they can enjoy the treatment of visiting their spouses; Those who do not live with their father or mother and cannot be reunited on public holidays can enjoy the treatment of visiting their parents.

2: to visit the spouse, a family visit leave of 30 days a year, unmarried employees to visit their parents, once a year, 20 days, can also be based on the actual situation, 2 years to give a leave of 4 years, 45 days, married employees to visit their parents, every 4 years to give leave, 20 days, home visit leave refers to the time for employees to reunite with their spouses, fathers and mothers, in addition, according to the actual needs of the travel leave, the said holidays include public holidays and statutory holidays.

3: The legitimate rights and interests of workers are common such as marriage leave, maternity leave, etc., but these rights and interests are not guaranteed in life. In order to effectively protect the legitimate rights and interests of laborers, China has specially formulated a corresponding old-fashioned labor security system, and those who violate the labor security system will be punished accordingly in accordance with the law.

4: The calculation base of family leave salary and travel expenses for family visits, the personnel who implement the rank salary system in the organs are the wages of their positions, levels, foundations and seniority, the skilled workers of the organs are the wages of their posts, the wages of their posts (positions) and the bonuses calculated according to the provisions of the state, and the ordinary workers of the organs are the wages of their posts and the bonuses calculated according to the provisions of the state, and the employees of public institutions.

If an employee visits his or her spouse, he or she shall be granted home visit leave once a year for 30 days.

Unmarried employees visiting their parents, in principle, give leave once a year, the leave is 20 days, if because of work needs, the unit can not give leave, or the employee voluntarily does two years to visit relatives once, can be given once in two years, the leave is 45 days.

Married employees who visit their parents are granted leave of 20 days every four years.

If an employee wants to visit his or her wife or husband, he or she will be given home leave once a year for 30 days.

Employees who are not married are entitled to home leave once a year, 20 days or once every two years, and 45 days.

Employees who are already married, family leave once every four years, 20 days.

The issue of family leave. Feel like it's every princess. Faced only when it is necessary to take a vacation, can be nothing. There is no need to fix it.

When taking home leave, you should do it together with the statutory holiday, so that the family leave can be longer.

Hello, the requirement now is that you have to prepare the situation of your basic personnel and then deal with it.

Doesn't your unit have its own rules? Just follow the procedure.

OK. Have time to spend with your parents and family.

Hello, family leave can generally be concentrated in a certain period of time every year, and those who meet the conditions for home leave can apply once a year.

It refers to the objective situation, such as the distance from the family, and the visit cannot be completed within that time.

Home leave is protected by law, and if you want to take it, you can take it directly, and you can take it for a month directly.

Legal Analysis: Only employees working in state organs, people's organizations, and enterprises and institutions owned by the whole people can enjoy home leave. Time conditions.

Worked for one year. First, if you do not live with your spouse and cannot reunite on public holidays, you can enjoy the treatment of visiting your spouse; Second, they do not live with their father and mother, and they cannot be reunited on public holidays.

Legal basis: "Provisions on the Treatment of Employees Visiting Relatives" Article 2 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 dress up for reunions on public holidays, may enjoy the treatment 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 treatment of visiting their parents in the spring of the year. 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.