1. According to the legal provisions of the Circular of the State General Administration of Labor and the Ministry of Finance on Issues Concerning Marriage and Bereavement Leave and Travel Leave for Employees of State-Owned Enterprises, when an employee marries or when a member of the employee's immediate family (parents, spouse, and children) dies, the employee may be granted one to three days of marriage and bereavement leave, depending on the specific circumstances, with the approval of the administrative head of the unit, at the discretion of the employee. Immediate family members include parents, spouses and children.

2. According to the "Notice on the Issues of Bereavement Leave for the Death of the Employee's Parents-in-law or In-laws", if the death of the employee's parents-in-law or in-laws requires the employee to take care of the funeral, the administrative head of the unit shall approve the granting of one to three days' bereavement leave at the discretion of the employee.

3. Due to the custom formed in our country's history, grandchildren are generally included in the scope of the funeral rites that must be attended by grandparents, therefore, in practice, a number of units will also include the death of grandparents in the scope of the bereavement leave available to the employees, which will be determined by the enterprises independently.

Expanded content:

Concerned about a

Will employees be required to show a death certificate for bereavement leave?

In real life, if employees take sick leave, marriage leave, etc., the company will usually require them to produce relevant certificates, but bereavement leave is indeed somewhat special, and most organizations claim that they will not require employees to produce death certificates of their relatives because people generally do not lie about this issue.

But the world is a strange place. Individual employees who cheat on bereavement leave also exist. That's why some companies require that employees taking bereavement leave must fill out a leave form and produce proof of the death of a relative, proof of kinship, etc. Employees should understand and follow the rules. If the employee does have a serious violation of integrity, the unit can terminate the labor contract according to the serious violation of discipline.

However, it is recommended that employers may wish to be more humane in their operations, with employees on bereavement leave, especially when an immediate family member dies, they can send an officer to the door to offer condolences, warming up the employee while also playing a role in verifying whether the reason for their leave is true or not, so why should you have to rely on a paper certificate sometimes?

Concerning two

Can an employee take bereavement leave when his or her grandmother dies?

Bereavement leave is the leave that an employee is entitled to by law in the event of the death of his or her spouse and immediate family members. As early as 1980, the state has made relevant regulations on the issue of employees' bereavement leave. According to the Circular on the Issues of Marriage and Bereavement Leave and Travel Leave for Employees of State-owned Enterprises, the death of an employee's immediate family members (parents, spouse and children) may be granted one to three days of bereavement leave, as appropriate, depending on the specific circumstances, and with the approval of the administrative head of the unit.

While the document stipulates that employees of state-run enterprises can enjoy this right, in fact, with the development of the times, domestic enterprises are now more than just one kind of state-run enterprises. Because the death of an immediate family member is a double blow to the employee, both physically and mentally, the enterprise should give the employee paid leave to mourn, whether from the basis of the document or from the ethical point of view. If the enterprise still does not give the mourning paid leave, the employee can apply for labor arbitration.

Additionally, some places, including Shanghai, stipulate: "If an employee's parents-in-law or in-laws die and the employee is required to take care of the funeral, the administrative head of the unit shall approve the granting of one to three days' funeral leave. If the funeral is to be taken care of in a foreign place, another travel leave may be granted according to the distance of the journey."

There is no uniform definition of immediate family members in our laws. Article 12 of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the <Chinese People's **** and the State (for trial implementation) stipulates that, "Close relatives as stipulated in the General Principles of the Civil Law include spouses, parents, children, brothers and sisters, grandparents, grandparents, grandchildren and grandchildren." However, the immediate family members referred to in the "Notice on the Issues of Marriage, Bereavement and Journey Leave for Employees of State-owned Enterprises" are explicitly parents, spouses and children, so there is really no provision for granting bereavement leave for the death of an employee's grandparents, and the related matters are implemented in accordance with the unit's rules and regulations.

Because of China's historical customs, the grandparents of the funeral, grandchildren generally must also be present in the scope, so in practice, many units will be the death of grandparents included in the scope of the employee's bereavement leave, some units, the death of the employee's parents, spouses and children, three days of bereavement leave, the grandparents, grandparents, grandparents, when the death of the death of the bereavement of one day of bereavement leave, this is more reasonable. As for whether there is still travel leave in such cases, it is also up to the employer to stipulate.

Concern 3

Can an employee get bereavement leave for the death of an adoptive parent?

There is an opinion that, from the theory of civil law, the immediate family includes not only natural blood relatives but also proposed blood relatives, and the immediate blood relatives only refer to the biological parents and children, and the immediate family includes not only the biological parents and children, but also the adoptive parents and children, as well as the stepparents and stepchildren who have the relationship of support and alimony, so that when the employee's adoptive parents and children, as well as the stepparents and stepchildren who have the relationship of support and alimony, die, it is necessary for the employee himself to go out of town to take the funeral leave. Therefore, when an employee's adoptive parents and children, as well as step-parents and step-children in a dependent and supporting relationship, die, and the employee himself or herself is required to go out of town to take care of the funeral, he or she shall also be entitled to funeral leave. However, due to the lack of a unified legal definition of immediate family members in China, there is still controversy as to whether the immediate family members referred to in the Notice on the Issues of Marriage, Funeral and Travel Leave for Employees of State-owned Enterprises include adoptive parents and children, as well as stepparents and stepchildren who have a relationship of dependence and support.

From the point of view of not duplicating the corresponding obligations of the organization, some employers in reality stipulate that: "If an employee has both biological and adoptive parents, when one of the biological and adoptive parents dies, the employee has already been entitled to bereavement leave, and shall not be entitled to paid bereavement leave in case of the other one's death.

An employee whose parents have died since childhood and who has been raised by another person shall be entitled to paid bereavement leave on proof of the death of the person who raised him." Such a provision would also be upheld by the judiciary.

Case link March 1, 2012 - March 4, 2012, Holbeck Power Systems (Wuhan) Co., Ltd. employee Zhu Shuangqi biological mother died, leave of absence for four days, the company according to bereavement leave. From July 11 to July 14 of the same year, Zhu Shuangqi's adoptive mother passed away and he took four days' leave, which was treated as annual leave. Later, Zhu Shuangqi demanded that the latter also be treated as bereavement leave and paid bereavement leave wages. Wuhan Intermediate People's Court of Hubei Province ruled (2015) E Wuhan Zhongmin Shangzhi No. 02376: When Zhu Shuangqi's biological mother died, Hobek had given Zhu Shuangqi four days of paid bereavement leave at its discretion. In the same year, his adoptive mother died and then leave, Holbeck company according to leave treatment does not violate the prohibition of the law, so Zhu Shuangqi's request has no legal basis, the court does not support. After Zhu Shuangqi appealed to the Wuhan Intermediate People's Court, Hubei Province, was not supported.

Concerns four

Employee bereavement leave, including travel leave?

According to the "Notice on the Issues of Marriage and Bereavement Leave and Traveling Leave for Employees of State-Owned Enterprises", the death of an employee's immediate family member in a foreign country that requires the employee to go to the foreign country to take care of the funeral can be granted additional travel time according to the distance of the journey; the employee's salary will be paid as it is for the period of the approved marriage and bereavement leave and travel time; the fare on the way will be fully taken care of by the employee himself/herself. After the death of parents-in-law or in-laws, the need for employees to take care of the funeral, the funeral in the field to take care of, can also be based on the proximity of the journey, another travel leave.

Case linkWei Guimei, whose mother died, asked her employer, Shanghai Guangcheng Catering Management Company Limited, to pay her 2066.5 yuan of bereavement leave pay for the period from October 11, 2012 to October 24, 2012, but the company argued that three days of the leave were for bereavement. However, the company considered that three of the days were bereavement leave and the rest were casual leave, so it deducted 400 RMB of casual leave wages. Shanghai pudong new area people's court judgment (2015) pu min a (civil) No. 1368, Wei Guimei can enjoy three days of funeral leave, combined with its department of foreign provinces and cities to Shanghai personnel and the journey home, discretionary determination of its enjoyment of two days of journey leave; therefore, deducting the double rest day, the number of days of leave for the period should be five days, according to Wei Guimei's salary standards, the company deducted the period of leave wages 400 yuan over the According to the wage standard, the company deducted 400 yuan for this period, which is more than the stipulation, so the company should pay the difference of 84.78 yuan.

Concerns five

Can an employee take funeral leave for the burial of an immediate family member?

Employee Li's mother died before New Year's Eve last year, and he handled a big funeral for his mother during the Spring Festival vacation and prepared for the winter solstice burial that year. Since he had not used his funeral leave when his mother died, he asked to use it at the time of burial. But his request was rejected by the company. He was a little puzzled: the relevant provisions of the state and not clear funeral leave must be in how long the time off, the burial is not part of the funeral? What is the reason for the company to refuse?

While burials can also be categorized as part of a funeral, according to the Notice on Issues Concerning Marriage, Funeral and Travel Leave for Employees of State-Owned Enterprises, funeral leave should really be used in the event of the death of a member of the employee's immediate family. From this perspective, bereavement leave is mainly given to employees for matters such as burial and cremation. As to whether the employee can continue to use the unused bereavement leave at the time of death of an immediate family member at the time of burial, it should be implemented in accordance with the rules and regulations of the employer.

Concerned about six

Will the employee's salary during the bereavement leave include a car allowance and meal allowance?

According to the Shanghai Measures for the Payment of Wages by Enterprises, during the period when workers are legally entitled to marriage leave, bereavement leave, family visit leave, sick leave and other leave, the enterprise shall pay the leave wages in accordance with the regulations. The basis for calculating the vacation pay is the normal monthly salary for the position of the worker, excluding the year-end bonus, transportation subsidies for commuting, working meal subsidies, housing subsidies, mid- and night-shift allowances, summer high-temperature allowances, overtime pay, and other wages paid under special circumstances.

Concerns seven

Employee bereavement leave overdue unit can be fired?

In real life, there is another situation, that is, the death of the employee's immediate family in the field need to go to the field to take care of the funeral, one to three days of bereavement leave but overdue, the unit should be how to deal with it?

If there are really special circumstances during the funeral leave that make it impossible to return on schedule, generally can be dealt with according to the leave of absence; only when the employee overstayed for no reason, and refused to remind the employer of the unit, constitutes an unexplained absenteeism, and the circumstances are serious, the unit can be based on the rules and regulations, according to a serious violation of the termination of the labor contract.

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