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The 18th Session of the Standing Committee of the 12th National People's Congress (NPC) was held in Beijing from December 21 to 27, and the Draft Amendment to the Population and Family Planning Law was first deliberated and put into force on January 1, 2016. The draft amendment revises the incentive and safeguard measures that are not in harmony with the comprehensive two-child policy, and deletes the provisions on incentives for couples who marry late and have children later, and parents of only children.
According to the current provisions of the Marriage Law and the Regulations on Family Planning, first-married citizens who meet the legal age of marriage are entitled to three days of statutory marriage leave; Those who marry late and marry for the first time can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave); Second-married persons can only enjoy 3 days of statutory marriage leave, and cannot enjoy late marriage leave.
National regulations on marriage leave.
1. Those who marry according to the legal age of marriage (20 years old for women and 22 years old for men) can enjoy 3 days of marriage leave.
2. Those who meet the age of late marriage (23 years old for women and 25 years old for men) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).
3. If both the man and the woman do not work in the same place at the time of marriage, they may be given travel leave depending on the distance traveled.
4. If you get married during the period of home visit leave (visiting parents), no additional leave will be granted.
5. Marriage leave includes public holidays and statutory leave.
6. Those who remarry can enjoy statutory marriage leave, but cannot enjoy late marriage leave.
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How many days is the national legal marriage leave?
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Those who marry according to the legal marriage age can enjoy 3 days of marriage leave, in line with the age of late marriage (23 years old for women, 25 years old for men), in addition to enjoying 3 days of statutory marriage leave, different regions and different occupations have made corresponding provisions for the extension of late marriage leave. For example, Guizhou Province stipulates that the marriage leave for late marriage can be up to 13 days; Military personnel who marry late can take up to 10 days of late marriage leave.
Legal basis: Article 25 of the Population and Family Planning Law of the People's Republic of China (2015 Amendment) Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.
Article 28 of the Regulations on Family Planning of the Chinese People's Liberation Army (revised in 2014) Military personnel who marry late shall have an additional 7 days of late marriage leave in addition to the marriage leave stipulated by the state. During the period of late marriage leave, the salary will be paid as usual, and the welfare benefits will remain unchanged.
If both husband and wife are members of the military, and both parties have reached the age of late marriage, both parties are entitled to late marriage leave; What one party achieves, one side enjoys. Where one of the husband and wife is a local person, it is to be implemented in accordance with relevant local provisions.
Article 22 of the Measures for the Administration of Family Planning in Guizhou Province Employees of state organs, enterprises and institutions, and one or both of them who marry or give birth late may enjoy the following leave:
1) Late marriage leave: The state stipulates that the marriage leave of employees is 3 days, and if the marriage is late, another 10 days will be added, for a total of 13 days;
2) Late maternity leave: If the "Only Child Certificate" is not applied for during the maternity leave, the woman will be entitled to 30 days of maternity leave in addition to the 90 days of maternity leave under the "Provisions on Labor Protection of Female Employees", a total of 120 days, and the man will enjoy 7 days of nursing leave; During the period of maternity leave, if the "Only Child Certificate" is obtained, the woman shall enjoy 90 days of maternity leave in addition to the 90 days prescribed by the state, for a total of 180 days, and the man shall enjoy 7 days of nursing leave.
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Legal analysis: There is no late marriage leave now, and the marriage leave is 3 days.
The number of days of marriage leave prescribed by the state is 3 days, and 29 provinces have canceled the original late marriage leave, of which 11 provinces have deleted the regulations on late marriage leave, which are consistent with the provisions of the state, and are implemented in accordance with the three-day statutory marriage leave, and the provinces that have been deleted are: Hubei Province, Guangdong Province, Hubei Province, Sichuan Province, Zhejiang Province, Jiangxi Province, Ningxia Hui Autonomous Region, Guangxi Province, Anhui Province, Hunan Province, Tianjin Province, and Shandong Province.
Legal basis: Notice of the State Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises
Article 1 When an employee gets married or his immediate family members (parents, spouses, and children) die, he or she may be granted one to three days of marriage and funeral leave according to the specific circumstances and with the approval of the administrative leader of the unit.
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The State has abolished late marriage leave. The 18th Session 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 came into effect on New Year's Day 2017. According to the draft amendment, late marriage leave and late maternity leave will be abolished from January 1, 2017.
As long as the husband and wife who give birth to a child in accordance with the provisions of laws and regulations, they can receive an incentive for extended maternity leave.
Legal basis: Article 25 of the Population and Family Planning Law of the People's Republic of China.
Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.
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At present, China's latest laws and regulations have canceled the provisions on late marriage leave, and those who marry late are only entitled to three days of marriage leave, and no longer enjoy late marriage leave. The regulations vary from place to place, so you can consult your local family planning department for details.
Legal basis. "Population and Family Planning Law of the People's Republic of China" Article 25 Couples who give birth to children in accordance with the provisions of laws and regulations may receive incentives or other benefits for extended maternity leave.
Note: The Population and Family Planning Law of the People's Republic of China has deleted the benefits of late marriage and late childbearing.
Article 10 of the Measures for the Implementation of the Regulations on Population and Family Planning of Jiangsu Province in Wuxi City.
Couples who meet the age of late marriage may add 10 days of marriage leave to the three days of statutory marriage leave; For couples who meet the age of late childbearing, the woman may enjoy 30 days of maternity leave on top of the 90 days of statutory maternity leave, and the man may enjoy 10 days of nursing leave. Attendance is considered during the incentive leave period.
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According to the relevant regulations of our country, the late marriage and late maternity leave is three days.
Legal basis: Article 25 of the Regulations on the Chinese Population and Family Planning Citizens who marry late and give birth late may receive incentives or other benefits for extended marriage leave or maternity leave.
Article 26 of the Regulations on the Chinese Population and Family Planning During pregnancy, childbirth and breastfeeding, women shall enjoy special labor protection and may receive assistance and compensation in accordance with the relevant provisions of the State.
Citizens who undergo family planning surgery are entitled to leave as prescribed by the state; Local people** can give incentives.
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Legal analysis: Now the marriage leave for late marriage is 3 days, which is the same as the statutory marriage leave. If a woman is 23 years old and a man is 25 years old, it is a late marriage.
Late marriage leave was originally scheduled to be 15 days, but after the implementation of the comprehensive two-child policy in 2017, 11 provinces have now canceled the late marriage leave, depending on local policies.
Legal basis: Notice of the State Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises
1. When an employee gets married or his immediate family members (parents, spouse and children) die, he or she may be granted one to three days of marriage and funeral leave according to the specific circumstances and with the approval of the administrative leader of the unit.
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