Reply of the State Education Commission on maternity leave for female teachers No.8 [1992].

The original text of the reply of the State Education Commission (Jiao Ren [1992] No.8) on maternity leave for female teachers is as follows:

(1) Zhejiang (92)0 1 letter. On the question of whether teachers' maternity leave can be extended in winter and summer vacations, according to the spirit of document No. Lao Anzi of the Ministry of Labor (1989) 1 and the opinions of relevant departments of the Ministry of Labor, after research, it is agreed that the maternity leave of female teachers can be extended during the winter and summer vacations. Please implement it according to the actual situation of the school.

Note: In other words, Document No.8 of the State Education Commission is a reply to the letter No.01of Zhe Han Zi (92). It has been made clear in the reply that the extension of winter and summer vacations refers to teachers in Zhejiang, and other places can implement it according to the actual situation of the school.

The Ministry of Labor document Lao [1989]No. 1 explains that whether the maternity leave of teachers can be extended during the winter and summer vacations is decided by the competent department.

(2) Current laws and policies: On April 28th, 20 12, the State Council promulgated the Special Provisions on Labor Protection for Female Employees, and the original Provisions on Labor Protection for Female Employees were abolished at the same time. Note: When the newly promulgated Special Provisions on Labor Protection for Female Employees came into effect, the original Provisions on Labor Protection for Female Employees were abolished at the same time.

The reply to the question of "Provisions on Labor Protection of Female Workers" (old [1989]1) is also invalid with the "Provisions on Labor Protection of Female Workers", and so is the Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers according to the spirit of the old [1989]1.

(3) Since the implementation of the Special Provisions on Labor Protection for Female Workers, the Ministry of Education and the education departments in Yunnan Province have not made any relevant opinions, regulations or policies that "the maternity leave of female teachers can be postponed in winter and summer vacations".

Extended data

According to the actual situation of the school.

Because the former State Education Commission's reply on maternity leave for female teachers mentioned that it should be implemented according to the actual situation of the school. Therefore, the suggestions in many places are also based on the actual situation.

Xiao Chen, a teacher from Lucheng District, Wenzhou, asked whether maternity leave occurred in July and August, whether it was postponed or included in the winter and summer vacations. The Lucheng District Government of Wenzhou replied:

It is understood that according to the "Special Provisions on Labor Protection of Female Employees" (No.619) adopted by People's Republic of China (PRC), female employees enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave can be increased by 1 5 days for each additional child.

In addition, according to the Decision on Amending the Regulations on Population and Family Planning in Zhejiang Province adopted at the 26th meeting of the Standing Committee of the 12th People's Congress of Zhejiang Province on October 4th, 20 1617 and the Measures for Labor Protection of Female Workers in Zhejiang Province promulgated on June 6th, 20 17, female employees enjoy maternity leave for 98 days.

The above laws and regulations do not stipulate whether teachers' maternity leave should be postponed. However, the Reply of the State Education Commission on Issues Related to Maternity Leave for Female Teachers No.8 [1992] stipulates that if the maternity leave of female teachers falls in the winter and summer vacations, the vacation time for them can be postponed, and all localities should implement it according to the actual situation of the school.

China Education News Network-Can teachers' maternity leave be postponed in winter and summer vacation?

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