China News Service, Beijing, December 5 (Reporter Du Yan) "Beijing Population and Family Planning Regulations" were promulgated and implemented on November 26.
How to extend the 60-day maternity leave?
Can the man’s paternity leave be transferred to the woman?
How to enjoy the newly established parental leave and nursing leave?
…Today, the Beijing Municipal Health Commission stated that it and the Beijing Federation of Trade Unions invited Jin Xiaolian, an expert in social security and labor law, to answer hot issues concerning the implementation of the Regulations.
The "Regulations" stipulate the scope of application of each holiday
The "Regulations" stipulate that in addition to the state-regulated marriage leave, the couples shall enjoy an additional 7-day holiday. Female employees comply with the regulations to give birth to children. In addition to enjoying the state-specified maternity leave, they can enjoy an extended maternity leave of 60 days and the man enjoys 15 days of accompaniment. Maternity leave and couples who give birth to children are required to receive parental leave for five working days each year before the child reaches the age of three. If the parent of the only child needs nursing care, the child has 10 working days for nursing leave every year.
The various holidays stipulated in the "Regulations" apply to all types of units within the administrative area of Beijing, not only between the central and this city's various levels of agencies and civil servants, between institutions and staff hired, but also employers. Comply with the stipulated childbirth conditions between the laborer with whom the labor relationship is established.
How does the woman take maternity leave? What is the treatment?
Jin Xiaolian introduced that the woman’s holiday for giving birth is divided into three periods:
The first paragraph is maternity leave, that is, the maternity leave stipulated in the "Special Provisions on the Labor Protection of Female Workers", including 98 days of maternity leave for natural childbirth, 15 days of maternity leave for dystocia, and maternity leave for multiple births;
The second paragraph is the extended maternity leave stipulated in the "Regulations". When the regulations were revised in 2016, an extended maternity leave of 30 days was added. This revision will increase from the original 30 days to 60 days;
The third paragraph is the additional holiday stipulated in the Regulations. This is also the holiday that has been added when the Regulations were amended in 2016. That is, the woman can add another one to three months of holidays with the consent of her employer. This holiday can be directly from the employer. It is stipulated that female employees are allowed to take vacations, which can also be vacations taken after consultation between the unit and the employees.
The days and days mentioned here refer to natural days.
The maternity leave is generally enjoyed continuously.
So, what is the treatment during the vacation?
Jin Xiaolian stated that if the woman’s maternity allowance during the first period of maternity leave has been covered by maternity insurance, the medical insurance fund will pay according to the average monthly salary of the employer in the previous year; if she does not participate in maternity insurance, the maternity allowance will be paid by the employer according to Workers’ wages before maternity leave are paid according to the standard of maternity; for female workers who have participated in maternity insurance during the second period of extended maternity leave, the original 30-day maternity allowance will still be paid by the medical insurance fund in accordance with the standard of maternity allowance.
The maternity allowance for the remaining 30 days of extended maternity leave can be paid by each unit based on the maternity allowance before the medical insurance department issues a notice; during the third period of additional leave for female employees, wages can be negotiated with the unit and the unit is recommended to pay The remuneration should not be less than 80% of the city’s minimum wage.
Can the woman enjoy extended maternity leave if she is on maternity leave?
The revised "Regulations" canceled the maternity incentive leave stipulated in 2016 and amended to extend the maternity leave. The holiday was extended from 30 days to 60 days. The implementation time of the "Regulations" is November 26, 2021.
Therefore, if female employees have already taken their leave before 24:00 on November 24, 2021, they will no longer take the increased maternity leave.
If the female employee’s leave ends after 0:00 on November 25, 2021, they can enjoy the increased maternity leave.
For example: Female employee A, November 24, 2021, is the last day of maternity leave, so she should return to work on November 25 and cannot enjoy the additional leave.
If November 25 is the last day of vacation, she can enjoy the added vacation.
Can husband and wife adjust the holiday allocation
According to the "Regulations", the man's paternity leave is 15 days, which refers to natural days and should generally be enjoyed continuously.
During the man’s vacation, the unit shall not dismiss him, terminate his labor or employment contract with him, and shall not lower his wages.
When male employees take paternity leave, they shall be deemed to be on duty, and the unit shall pay labor remuneration in accordance with the law.
So, can the man give paternity leave to the woman?
Jin Xiaolian said that the establishment of paternity leave is to encourage the man to take care of his wife and newborn baby before and after the wife gives birth. Therefore, this leave can only be taken by the man and cannot be transferred to the woman if he does not take it.
So, can the woman extend the maternity leave to the man?
Jin Xiaolian said that with the consent of both parties, if the woman voluntarily reduces the extension of maternity leave, the man's paternity leave can be increased by a corresponding number of days.
It is recommended that the unit revise and improve the vacation management system, and adjust the distribution of vacations between the spouses by means such as issuing certificates by the units of both parties.
How to enjoy the newly established parental leave and nursing leave?
Parental leave is for those couples who meet the regulations to give birth to children, and each person enjoys five working days a year before their children reach the age of three.
Parental leave can be enjoyed continuously or in divided periods.
The number of days is accumulated according to the number of children under the age of 3. For example, if a couple has two children under the age of 3, each couple can enjoy 10 working days of parental leave each year; if the couple has three children under the age of 3, each of the couples will each year You can enjoy 15 working days of parental leave.
The parental leave is regarded as attendance, and the benefits are paid by the unit according to the attendance.
If both spouses want to adjust the distribution of parental leave, they should negotiate with their respective units and agree with the unit before adjusting the distribution of parental leave. However, the total parental leave enjoyed by both spouses does not exceed ten working days.
It is recommended that the unit revise and improve the vacation management system, and adjust the distribution of vacations between the spouses by means such as issuing certificates by the units of both parties.
Nursing leave is for the parents of the only child to take care of. The only child does not exceed 10 working days each year, which can be enjoyed continuously or in installments.
Nursing leave is regarded as attendance, and benefits are paid by the unit according to attendance.
Since nursing leave is enjoyed by the only child whose parents need nursing care, the distribution of leave cannot be adjusted between husband and wife.
Jin Xiaolian said that the provisions of the "Regulations" are the minimum standards for units to implement holidays.
Support employers to adopt more flexible, more flexible, and more conducive ways for employees to balance work and family relations in terms of days, treatment, and methods of holiday enforcement, without the need to consult or solicit opinions from the administrative department.
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