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Family leave? Haven't heard of it. But I know there is maternity leave!!
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Private companies generally do not have family leave. The scope of home visit leave does not necessarily include private enterprises and other enterprises, but employees of private enterprises can also take home leave if they meet the regulations of their employers. Employees of private companies are generally not allowed to take home leave.
China's law stipulates that only permanent employees who have worked for one year in state organs, people's organizations, and enterprises and institutions owned by the whole people are entitled to corresponding home leave. Whether employees of private enterprises are entitled to home leave depends on whether the company's rules and regulations have relevant regulations.
With regard to the provisions on the treatment of family visits for employees, all permanent employees who have worked for one year or more in state organs, people's organizations, enterprises and institutions owned by the whole people, who do not live with their spouses and cannot 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 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. Family leave for private companies is not mandatory.
If an employee has worked for the employer for one year, does not live with his or her spouse, and cannot reunite on a public holiday, he or she may apply for home visit leave in accordance with the law, and the employer shall approve it; However, if the employee does not take leave, the employer cannot force it.
Employee family 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, 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 visits relatives once every two years, can be given leave once every two years, 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.
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 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: Whether it is an employee of a state-owned enterprise or an employee of another enterprise, as long as they meet the conditions, they can actually apply for family leave.
Legal basis: "Provisions on the Treatment of Employees Visiting Relatives".
Article 5 Employees shall be paid wages according to their standard wages during the prescribed family visit leave and travel leave.
Article 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.
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The employer's refusal to take a request for family leave is a violation of the provisions of the Labor Law on the employee's right to leave, and is an infringement of the employee's right to leave. Arbitration can be filed with the Labor Dispute Arbitration Commission to request the employer to agree to take home leave. Article 3 of the Labor Law of the People's Republic of China provides that workers enjoy the right to equal employment and choice of occupation, the right to receive remuneration for their labor, the right to rest and vacation, the right to labor safety and health protection, the right to receive vocational training skills, the right to enjoy social insurance and welfare, the right to submit labor disputes for settlement, and other labor rights prescribed by law.
Workers shall complete labor tasks, improve professional skills, implement labor safety and health regulations, and abide by labor discipline and professional ethics.
Regulations on Paid Annual Leave for Employees
Article 3. Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave;
10 days of annual leave for those who have completed 10 years but are less than 20 years;
Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave. Home visit leave is mainly for 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.
Notice on the "Provisions on the Treatment of Employees Visiting Relatives".
Article 3. Employee family leave:
1) If an employee visits his or her spouse, he or she shall be granted a family visit leave once a year for 30 days;
2) 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 visits relatives once every two years, can be given leave once every two years, 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.
The calculation base of the salary for family leave and travel expenses for family visit to be deducted: for the personnel who implement the rank salary system in the organ, it is the salary of their position, level, foundation and length of service; For the skilled workers of the organs, it is the salary of their own post, the salary of the technical level (position) and the bonus calculated according to the provisions of the state; Ordinary workers of government agencies, for their own post wages and bonuses calculated in accordance with national regulations; For employees of public institutions, the salary of their position (technical level) and the allowance calculated in accordance with the provisions of the state (of which, for sports athletes, the basic allowance for their own sports).
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