The Latest National Standards for Marriage Leave in 2023

; Recently, another province and city has revised the Regulations on Population and Reproductive Services, with new provisions on marriage leave, maternity leave and paternity leave.

In addition, I brought you a list of national marriage leave/maternity leave in 2023 (at present), which is convenient for HR friends to calculate their salary. Hurry up!

Maternity leave, paternity leave and nursing leave have all been extended.

February 1 officially implemented.

At the end of 2022, the Nanjing Municipal People's Government issued Order No.340, clarifying that the Regulations of Nanjing Municipality on Population and Reproductive Services was deliberated and adopted at the154th executive meeting of the municipal government on February 2, 2022, and is hereby promulgated and shall come into force as of February 10.

There are several points in the Regulations that need your attention:

First, define the latest marriage leave, maternity leave, paternity leave and parental leave.

1. Couples who are legally registered for marriage can enjoy 15 days of marriage leave.

2. Couples who give birth to children according to law shall enjoy maternity leave for 60 days on the basis of state regulations, and the man shall enjoy nursing leave 15 days.

3. Couples who give birth to children according to laws and regulations are entitled to 10 days of parental leave every year until their children reach the age of three.

4. During the hospitalization period when the parents of the only child are over 60 years old, the only child enjoys 5 days of nursing leave every year.

I remind:

The above holidays are regarded as attendance, and the welfare benefits will not be affected during the prescribed holidays.

The above holidays do not include national statutory holidays.

Two, a clear one-child care leave and one-child parents bonus.

1. During the hospitalization period when the parents of the only child are over 60 years old, the only child enjoys 5 days of nursing leave every year.

2. Those who hold the Honor Certificate of the Only Child Parents will receive the one-child parents' bonus according to the standard of 20 yuan to 60 yuan per person per year from the date of obtaining the certificate until the child reaches the age of 14.

The collection and distribution of bonuses shall be carried out in accordance with the following provisions:

Personnel of organs, organizations and institutions shall be paid by their units and charged in administrative expenses;

Employees of enterprises, urban individual industrial and commercial households and other economic organizations shall be paid by their units and charged in the unit welfare funds;

Unemployed people in cities and towns are paid by the district finance where the household registration is located;

Rural residents are paid by the town (street) finance. Town (street) financial difficulties, district finance to give appropriate subsidies.

3. The medical expenses of the only child shall be enjoyed according to the medical standard of employees whose parents are over 18 years old, and those who have already taken part in the work shall no longer enjoy it.

Among them, the medical expenses standard of the only child of the employees participating in the medical insurance unit is not lower than the medical insurance premium paid by the unit for the employees.

The medical expenses of the only child shall be borne by the unit where both parents work, by the male unit when they are single, by the female unit when they are married and by the unit when they are widowed.

List of national marriage leave

With the liberalization of the three-child policy, many provinces and cities are also adjusting the number of days of marriage leave. Regarding marriage leave, HR needs to pay attention to these knowledge points:

Marriage leave treatment for remarried people

It should be noted that people who remarry, like those who get married for the first time, should enjoy the treatment of marriage leave.

For remarried people's marriage leave, the labor and social security department had a clear answer, namely:

"According to the spirit of the Marriage Law of the People's Republic of China and the provisions of the state on marriage leave for employees, the legal status of remarried employees is the same as that of first-time employees, and the employing unit should refer to the relevant provisions of the state and give them the same marriage leave treatment as first-time employees."

How to calculate the salary for marriage leave?

On the issue of marriage leave, although the state has regulations on employees' rest and vacation, the Notice on Asking for Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises determines that employees can be granted 1 to 3 days' marriage and funeral leave as appropriate with the approval of the administrative leader of the unit.

If the holiday is within three working days, the salary will be paid as usual. During the approved marriage and funeral leave and travel leave, the employee's salary will be paid as usual. Travel expenses on the way, etc. , are borne by the employees themselves. However, the wage calculation and payment standards are not clearly defined.

Therefore, there is no uniform provision applicable to the whole country for the payment standard of marriage leave wages.

Validity of marriage leave

1. The validity period of marriage leave is not clearly stipulated in our laws. Generally speaking, different companies will have different rules and regulations to stipulate the validity period of marriage leave.

2. For the company, it is generally stipulated that employees must take their marriage leave within one year or half a year, otherwise it will be regarded as giving up welfare automatically.

3. The marriage leave must be taken at one time and cannot be used separately.

National List of Multiple Property Leave and Paternity Leave

Regarding maternity leave, HR should pay attention to the following points:

Is maternity leave a natural day or a working day?

Whether the number of maternity leave days is calculated according to natural days or working days is not clearly defined by law.

From the legislative intent, maternity leave is a holiday based on the physical recovery needs of female employees after childbirth. The length of time required for female employees' physical recovery should be consistent, and it is appropriate to calculate on natural days, whether it is working days or legal holidays.

Some regions have clear regulations on this, focusing on the actual documents of each region.

Maternity allowance &; maternity pay

1, maternity allowance and maternity leave salary

There will always be HR who don't understand, what is maternity leave salary and what is maternity allowance? One hair or separate hair? Female employees have received maternity allowance. Do you still need to pay her maternity leave salary?

First of all, to help you clarify this concept, maternity leave salary and maternity allowance are different.

Maternity allowance:

National laws and regulations provide living expenses for working women during their separation due to childbirth. The main body that bears the maternity allowance for employees is the social security institution.

Maternity leave salary:

Wages paid by enterprises to employees during maternity leave. The main body that pays wages for employees is the employer.

Among them, the maternity allowance is more than or equal to the maternity leave salary, and the enterprise does not have to pay wages for employees repeatedly; maternity benefits

2, maternity allowance calculation formula:

Maternity allowance = monthly per capita payment base of the employer ÷30 days × maternity leave days.

Here's an example:

The average salary of employees in jane doe last year was 5 100 yuan, and they had 128 days of maternity leave before and after giving birth. Then the standard of maternity allowance she enjoys is:

5100 ÷ 30×128 = 21760 (yuan)

3, the premise of maternity leave salary:

If a female employee has enjoyed maternity allowance and medical allowance during maternity leave, and the maternity allowance is higher than the average salary of the employee, the enterprise does not need to pay her maternity leave salary;

If it is lower than the average salary, the company needs to make up the difference. For those who exceed the maternity allowance payment period, fail to reach the standard of receiving maternity allowance, or the enterprise fails to pay maternity insurance to the employees, the employees may ask the enterprise to pay maternity leave wages.

Important note:

Maternity allowance for female employees during maternity leave shall be paid by the maternity insurance fund according to the standard of the average monthly salary of employees in the previous year; Those who have not participated in maternity insurance shall be paid by the employer according to the wage standard of female employees before maternity leave.

Basis: Article 8 of the Special Provisions on Labor Protection for Female Workers.

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