Shanghai: Can I make up for 30 days for 30 days?The answer is here

A few days ago

Shanghai issued regulations

Women’s fertility leave extension to 60 days

Both men and women enjoy parenting leave

This means

The maternity leave of Shanghai female employees is added with fertility leave

You can enjoy a holiday of at least 158 days during the fertility period

in addition

Children’s 3 -year -old ex -wife and wife every year

There are 5 days of childcare leave

But many people do not know about maternity leave, maternity leave, and parenting leave!

Special invitation of Shanghai Federation of Trade Unions

Zhou Bin, an expert in labor law, answer ~

Hurry to take notes!


The New Deal is the adjustment of maternity leave, so what are the differences between maternity leave and parenting leave and maternity leave, and a few days?

Maternual leave (98 days)

Female employees enjoy 98 days of maternity leave, of which 15 days can be vacated before delivery; those who are difficult to produce should be 15 days of maternity leave; those who have a babies can increase maternity leave for 15 days for each baby.

Maternual leave under special circumstances:

If the female employee has a miscarriage for less than 4 months, he will enjoy 15 days of maternity leave;

If you have been pregnant for 4 months, you can enjoy 42 -day maternity leave.

Maternity leave (60 days)

In accordance with the "Shanghai Population and Family Planning Regulations", couples who meet the regulations stipulated in laws and regulations, women can enjoy maternity leave for 60 days in addition to giving maternity leave stipulated in the state.

Parenting leave (5 days)

Before their children are three years old, both sides can enjoy 5 days of parenting leave each year.

Maternual leave is a special labor protection of female employees and belongs to the category of labor benchmarks.The fertility leave and parenting leave are rewards for legitimate maternity employees.


Can parenting leave and fertility leave be removed, or must I finish it at one time?

The fertility leave is linked with maternity leave. It can be added together for at least 158 days together.

Whether the female employee’s childcare leave in the first year is linked with fertility leave, and employees and employers can negotiate arrangements.


Are these holidays including weekends?

The 60 -day maternity leave and maternity leave were continuously used. The fertility leave was postponed on the statutory holiday, but it was not postponed when the holiday was.

In principle, the annual parenting leave should be used in principle, it can be used continuously, or scattered.


Is the New Deal only effective for the third child?


On the morning of November 25, 2021, the 37th meeting of the Standing Committee of the Fifteenth National People’s Congress of Shanghai reviewed and voted and approved the "Decision on Amending the" Shanghai Population and Family Planning Regulations ".It will be implemented on November 25th.The so -called "one couple can have three children" is calculated based on the number of children, not calculated by the tires.

You can enjoy whether you have one or three ~


If you have had a 30 -day birth leave, can you still take a rest for 30 days?

According to the answer from the authoritative department, after the implementation of the "Regulations" (including May 31), May 31, 2021 (including May 31), the implementation of the "Regulations" (November 25, 2021) complied with laws and regulations during the periodcouple,

If the woman has enjoyed the 30 -day childbirth leave in accordance with the original "Regulations", she can enjoy 30 days of childbearing leave;

If the woman has received a maternity insurance benefit during the 30 -day fertility leave period, she can make another 30 -day maternity insurance treatment during the 30 -day childbirth vacation.The medical insurance department will automatically replenish the original application for bank accounts, without requiring individual applications.


Who is the target of the New Deal?Does it mean or household registration in Shanghai or household registration in Shanghai?

Women who meet the laws and regulations of fertility can enjoy maternity leave. Both husbands and wives can enjoy parenting leave. As far as holidays are concerned, there is no conditional restriction on social security or household registration in Shanghai.


If you want to apply for a fertility leave to apply?How to operate?

Female employees can apply for maternity leave and maternity leave from the employer 15 days before the due date.


How to pay wages during fertility leave?Is there any compensation for unattended?

According to the "Shanghai Population and Family Planning Regulations", maternity leave enjoys equal treatment for maternity leave.

According to the "Special Regulations for Women’s Workers’ Labor Protection", the maternity allowance during maternity leave during maternity leave,

For those who have already participated in maternity insurance, the maternity insurance fund is paid by the average monthly salary of employees in the previous year of employees;

For those who have not participated in maternity insurance, the employer is paid in accordance with the standards of the female employee’s pre -maternal leave.

Female employees are not full of maternity leave, maternity leave to work in advance

If a female employee actively abandons the remaining vacation, receive fertility allowances as usual, but the company can pay compensation without paying wages;

If a female employee abandon the remaining holiday under the requirements of the enterprise, while the female employee receives the fertility allowance, the enterprise shall pay the wage compensation, and the two parties of the specific standards can negotiate and determine.

At the same time, Shanghai also implements the policy of "filling differences" for maternity and living allowances.If the employee has received the maternity allowance lower than the salary standard before maternity leave or the average salary of the enterprise, the difference is supplemented by the employer.


How to calculate the salary during the childcare leave?Will it affect the year -end award?

The salary during the childcare leave is paid according to the wages that I have at normal attendance.

As for whether it will affect the year -end award, it depends on the conditions for issuing the year -end award. If employees who provide normal labor can receive the year -end award, they cannot be affected by the fake child care of the employees.


How to claim rights and interests if the enterprise does not implement maternity leave and parenting leave?

According to the "Shanghai Population and Family Planning Regulations", people’s governments at all levels should strengthen leadership of population and family planning work.

If the enterprise does not implement maternity leave and parenting leave, employees can report to government departments and workers and young women at all levels through various channels.

If an enterprise has caused labor disputes due to normal vacation of employees, for example, if there is a deduction salary and illegal dismissal, employees can raise labor arbitration according to law.

Other hot issues that are concerned about netizens

When the official WeChat of Shanghai Federation of Trade Union replied to netizens comments

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Source: Shanghai News Radio

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