Recently, the Guangdong Provincial Department of Human Resources and Social Affairs, Guangdong Provincial Health Commission issued a "notice on further improving the implementation of the Guangdong Provincial Population and Family Planning Regulations related to the holidays" (hereinafter referred to as "the notice"), the parental leave, nursing care of the landing of the details of the provisions of the provisions of the clear parental leave, paternity leave can not be superimposed, can be split! leave.

The Circular is effective from the date of its issuance (January 11th). If there are new national and provincial regulations, they will be implemented in accordance with the new regulations.

Parental leave: non-stackable, can be split for leave

The notice makes it clear that the parental leave stipulated in the Guangdong Provincial Population and Family Planning Regulations is non-stackable, and that if there are two or more children who are within three years of age at the same time, both parents are only entitled to ten days of parental leave each year until the youngest child reaches the age of three.

Parental leave is taken on an annual basis, i.e. the child's first birthday is taken as the year of calculation. For example, if the child is born on May 1, 2021, then from May 2, 2021 to May 1, 2022, when the child turns one year old, each parent can take 10 days of parental leave; from May 2, 2022 to when the child turns two years old, each parent can take another 10 days of parental leave, and so on until the child turns three years old.

The parental leave can be split and taken no more than two times in the same calculation year.

The notice makes it clear that if an employee's youngest child reaches the age of 3 during the period from December 1, 2021 to the date of issuance of the notice (January 11), and the employer has not arranged for the employee to take parental leave for work-related reasons, and if the employee submits an application for the leave, the employer shall arrange for a compensatory leave for the employee in accordance with the provisions of Article 30 of the Guangdong Provincial Population and Family Planning Regulations.

Nursing care leave: non-stackable, leave calculated according to the natural year

Notice pointed out that in the country to promote a couple to give birth to a child during the period of the voluntary life of a couple of the province's domicile to give birth to only one child or one of the couples of domestic residence, one of the party reached the age of 60 years old, the child can enjoy the nursing care leave, five days a year.

If a person is hospitalized for treatment of an illness (a diagnosis certificate and hospitalization certificate issued by a medical institution shall be provided), his/her children shall be entitled to nursing leave for a total of no more than fifteen days per year.

The notice makes it clear that the nursing leave cannot be superimposed, both parents are sixty years old, the children can only enjoy five days of nursing leave each year; hospitalized for treatment of illness, the cumulative total of no more than fifteen days per year.

The nursing leave is calculated on the basis of a natural year, and can be split within the same calculation year, in principle no more than two times.

If both parents of a single child are of foreign household registration and their children are working in Guangdong, the employer is encouraged to arrange for their children to take nursing leave with reference to the provisions of Article 36(5) of the Regulations on Population and Family Planning of Guangdong Province.

The notice makes it clear that one of the parents of the only child in December 1, 2021 to the date of the issuance of the notice (January 11) during the sixty years of age, and the employing unit is indeed due to the work needs of the reasons in 2021, 2022 did not arrange for their children to take care of the leave, the employee to apply for leave, the employing unit should be in accordance with the "Guangdong Provincial Regulations on Population and Family Planning," the provisions of Article 36 The employer shall arrange for the employee to take compensatory leave.

Encourage the payment of wages for parental leave and nursing leave according to the standard of incentive leave and paternity leave

The notice makes it clear that employers should improve the rules and regulations on labor management and clarify the wages and treatment during parental leave and nursing leave. Employers should further strengthen the collective wage negotiation, clarify the wage treatment during parental leave and nursing leave by consensus with employees, and sign a collective contract.

Encourage employers who have the conditions to pay wages during parental leave and nursing leave in accordance with the wage standard during incentive leave and paternity leave, fully reflecting the employer's social responsibility and humanistic care. Parental leave, nursing leave during the wage shall not be lower than the minimum wage standard in the region.

The employer shall, in accordance with the specific circumstances of production and work, and taking into account the wishes of the employees themselves, make reasonable arrangements for the employees to take leave. If the employer really needs to arrange leave for an employee across one calculation year due to work needs, the employer shall arrange the leave by consensus with the employee.

The incentive leave, paternity leave, parental leave and nursing care leave enjoyed by an employee in accordance with the relevant provisions of the Regulations on Population and Family Planning of Guangdong Province shall not be counted as part of the employee's annual paid vacation leave.

Encouraged to simplify the materials required for the leave with a written commitment

The notice points out that employers can specify in the rules and regulations the materials required for the employees to take the parental leave and nursing care leave, such as the "Guangdong Province Maternity Registration Voucher", the child's "Birth Medical Certificate", and the ID card information of one of the parents who has reached the age of 60. Employers are encouraged to simplify the materials required for leave by having employees submit a written commitment to meet the conditions for leave.

If the township (street) health work organization is required to provide relevant certificates for the employee's leave of absence, the township (street) health work organization should actively assist and issue them in a timely manner. The health department will actively improve the online query service of family birth information to provide convenience for employees to take leave.

The notice makes it clear that any organization or individual has the right to report to the administrative department of human resources and social security through channels such as the 12345 government service hotline and the online reporting and complaint platform in the event of violations of laws, rules or regulations, such as failure to grant leave in accordance with the provisions of the Guangdong Provincial Population and Family Planning Regulations, default in the withholding of wages, and the unlawful termination of labor contracts.

Workers who believe that an employer has violated their legitimate rights and interests in labor security have the right to file a complaint with the competent administrative department of human resources and social security. In the event of labor disputes, they shall be handled in accordance with the provisions on the handling of labor disputes.