What holidays are stipulated in the Regulations of Beijing Municipality on Population and Family Planning？ How to rest？ Experts give answers.

　　The Decision of the Standing Committee of Beijing Municipal People’s Congress on Amending the Regulations of Beijing Municipality on Population and Family Planning was promulgated and implemented on November 26, 2021, and the announcement has legal effect within the administrative area of Beijing. In order to respond to the public and unit consultation in time, the Municipal Health and Wellness Commission and the Municipal Federation of Trade Unions specially invited Jin Xiaolian, an expert in social security and labor law, to answer the hot issues in the implementation of the Regulations.

　　Types and scope of application of holidays stipulated in the Regulations

　　The "Regulations" stipulate that in addition to the marriage leave prescribed by the state, couples who register for marriage can enjoy an additional seven days’ leave, while female workers can give birth to children in accordance with the regulations. In addition to the maternity leave prescribed by the state, they can enjoy an extended maternity leave of 60 days, and the man can enjoy 15 days’ paternity leave. Couples who give birth to children are required to have five working days’ parental leave each year before their children reach the age of three, and if the only child’s parents need care, their children will have 10 working days’ nursing leave each year.

　　The holidays stipulated in the Regulations are applicable to all types of units within the administrative area of Beijing.It includes not only between the central and municipal authorities at all levels and civil servants, between institutions and employed staff, but also between employers and workers who have established labor relations with them.

　　The woman’s maternity leave

　　1. Composition:A woman’s maternity leave is divided into three sections. The first section is maternity leave, which is stipulated in the Special Provisions on 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, the extended maternity leave was increased by 30 days. This revision will increase from the original 30 days to 60 days; The third paragraph refers to the increase of holidays stipulated in the Regulations, which was added when the Regulations were revised in 2016. With the consent of the unit where she works, the woman can add another holiday for one to three months. This holiday can be directly stipulated by the unit to allow female employees to take a holiday, or it can be a holiday after consultation between the unit and employees.The days and days mentioned here refer to natural days. Maternity leave is generally enjoyed continuously.

　　2. Treatment: If the woman has participated in maternity insurance during the first maternity leave, the medical insurance fund will pay it according to the standard of the average monthly salary of the employees in the previous year; If you do not participate in maternity insurance, the maternity allowance shall be paid by the employer according to the standard of the salary of female employees before maternity leave. If a female worker has participated in maternity insurance during the second extended maternity leave, the original 30-day maternity allowance will still be paid by the medical insurance fund according to the standard of maternity allowance. The maternity allowance for the remaining 30 days of extended maternity leave can be treated by each unit according to the maternity allowance before the medical insurance department issues a notice. During the period when female employees take the third period of additional leave, the salary can be negotiated with the unit, and it is suggested that the salary paid by the unit should not be less than 80% of the minimum wage in this city.

　　3. Can you enjoy the extended maternity leave: The revised regulations cancelled the maternity incentive leave stipulated in 2016 and changed it to extend maternity leave, and the holiday was also extended from 30 days to 60 days. The implementation time of the regulations is November 26, 2021. Therefore, if the female employees have finished their leave before 24: 00 on November 24, 2021, they will not take additional extended maternity leave.If the leave of female employees ends after 0: 00 on November 25, 2021, they can enjoy increased maternity leave.

　　For example:

　　Female employee A’s maternity leave on November 24, A2021 is the last day, so she should go back to work on November 25, and can’t enjoy the extra holiday. If November 25th is the last day of vacation, she can enjoy the extra vacation.

　　4. Can it be given to the man: If the woman voluntarily reduces the extended maternity leave with the consent of both units, the paternity leave enjoyed by the man can be increased by the corresponding number of days. It is suggested that the unit revise and improve the leave management system, and the holiday distribution between husband and wife can be adjusted by means of certificates issued by both units.

　　Paternity leave for man

　　1. Days: 15th, which also refers to natural days, and should generally be enjoyed continuously.

　　2. Treatment: During the man’s vacation, the unit shall not dismiss him, terminate his labor or employment contract with him, and his salary shall not be reduced. Male employees during paternity leave shall be regarded as attendance, and the unit shall pay labor remuneration according to law.

　　3. Can you give it to the woman: Paternity leave is set up to encourage the man to take care of his wife and newborn before and after the birth of his wife. Therefore, this leave can only be taken by the man, and the man can’t transfer it to the woman.

　　parental leave

　　1. Days: Parental leave is stipulated in the regulations. Parental leave refers to those couples who have children in compliance with the regulations. Before their children reach the age of three, each person enjoys five working days’ leave every year. Parental leave can be enjoyed continuously or in stages. The number of days is accumulated according to the number of children under 3 years old. For example, if a husband and wife have two children under 3 years old, each husband and wife can enjoy 10 working days of parental leave each year; If a husband and wife have three children under the age of 3, each husband and wife can enjoy 15 working days of parental leave every year.

　　2. Calculation method: Parental leave is calculated according to the child’s full year of life every year, not according to the natural year. According to the principle of the Civil Code, we usually understand that the birthday of a child every year after birth is the time to reach the age of one. Before the children reach the age of three and within each age, each husband and wife has 5 working days of parental leave every year. If the parental leave is not taken in the current year, it will not be extended to the next year. If the child is born on June 1, 2021, the husband and wife will each enjoy five working days of parental leave from June 1, 2021 to May 31, 2022, five working days of parental leave from June 1, 2022 to May 31, 2023, and five working days of parental leave from June 1, 2023 to May 31, 2024.

　　3. Treatment: during the parental leave, it is regarded as attendance, and the treatment is paid by the unit according to my attendance.

　　4. Vacation distribution between husband and wife: If both husband and wife want to adjust the distribution of parental leave, they should consult with their respective units and get the consent of the units before adjusting the distribution of parental leave, but the total parental leave enjoyed by both husband and wife does not exceed ten working days. It is suggested that the unit revise and improve the leave management system, and the holiday distribution between husband and wife can be adjusted by means of certificates issued by both units.

　　Nursing leave

　　1. Days: If the only child’s parents need nursing care, the only child will have no more than 10 working days each year, which can be enjoyed continuously or in installments. Every year refers to the natural year.

　　2. Treatment: Nursing leave is regarded as attendance, and the treatment is paid by the unit according to my attendance.

　　3. Whether the holiday distribution can be adjusted between husband and wife: Nursing leave is enjoyed by the only child whose parents need care, and the holiday distribution cannot be adjusted between husband and wife.

　　4. How to identify the need for nursing: The diagnosis certificate issued by medical institutions, hospitalization certificate and disability assessment results of relevant departments can be used as the basis for the identification of the unit, which is specifically determined by the unit by modifying and improving the leave management system of the unit.

　　5. How to identify the identity of the only child: An only child refers to the only surviving child born or legally adopted by a husband and wife during the period when the state encourages a couple to have one child (that is, before December 31, 2015), that is, there are no half-brothers, half-sisters, or brothers and sisters who have died before December 31, 2015. After the divorce of a couple who have only one child, if the child is raised by one party and lives together for a long time by mutual agreement or court judgment, if the raising party does not give birth again but the non-raising party does, the child can be regarded as an only child when applying for nursing the father (mother) of the raising party. If the stepfather (mother) and the stepchild have formed a relationship of upbringing and education, and I have no biological children, and the stepchild is an only child, the child can apply for the leave of nursing the stepfather (mother). When enjoying nursing leave, it is not necessary to rely on the Honor Certificate of Only Child Parents. The unit can identify the employee’s only child status through personal files, resumes or letters of commitment.

　　On the specific implementation method of the holiday treatment that the trade union or the employee consultation representative can negotiate with the unit.

　　If the "Regulations" stipulate the days and benefits of holidays other than statutory marriage leave, maternity leave other than statutory maternity leave, paternity leave, parental leave and nursing leave, the unit shall implement the relevant regulations and cannot limit the legitimate rights and interests of employees. The regulations are the minimum standards for the unit to implement holidays.

　　Support employers to adopt a more flexible and flexible way to balance the work and family relationship of employees in terms of days, benefits and methods of holiday execution, without consulting or seeking the opinions of administrative departments.