In February this year, Jiangsu issued the "Implementation Plan of Jiangsu Province on Optimizing Fertility Policies to Promote Long-term and Balanced Population Development", which stipulates parental leave. Recently, the Jiangsu Provincial People's Government website released the Provincial Health Commission's response to issues related to the operational aspects of this policy, clarifying that national statutory holidays are not included in the calculation of parental leave.
In February this year, Jiangsu Provincial Party Committee and the provincial government issued the "Implementation Plan of Jiangsu Province on Optimizing Fertility Policies to Promote Long-term Balanced Development of the Population", Article 13 stipulates the improvement of the maternity leave system: promote the implementation of the parental leave system, children Before the child is 3 years old, both husband and wife are entitled to 10 days of parental leave each year. During the specific implementation, several operational issues need to be further clarified, such as whether national statutory holidays are included, whether having more than one age-appropriate child can superimpose holidays, how to determine the starting time of a child's third birthday, etc.
The reporter saw that Jiangsu Provincial Health Commission replied in the "Government-Citizen Interaction" section of the Provincial People's Government website: For couples who have children in compliance with the policy, before the child is 3 years old, both husband and wife will enjoy 10 days of parental leave each year. National statutory holidays are not included in the calculation of parental leave. Annual parental leave is not stacked based on the number of children. Parental leave is calculated on an anniversary basis from the date of the child's birth, that is, within 36 months from the date of the child's birth, both spouses are entitled to 10 days of parental leave every 12 months.
Lawyer Xu Xudong from Jiangsu Yicheng Law Firm told reporters that in the practice of parental leave, employers believe that the implementation plan is a policy document to encourage childbirth and is not legally enforceable. There are cases where leave requests are not approved. Condition. He said that this is a wrong view. "Jiangsu Provincial Population and Family Planning Regulations" is local legislation passed by the Standing Committee of the Jiangsu Provincial People's Congress. Paragraph 2 of Article 24 of the Regulations stipulates, "Promote the implementation of Parental leave system. The specific implementation measures for maternity leave, nursing leave and childcare leave shall be formulated by the Provincial People's Government." It can be seen that local legislation has authorized the provincial people's government to formulate specific measures for the implementation of parental leave. After the provincial government obtains legal authorization, it can formulate implementation rules for parental leave within the scope of its responsibilities. Therefore, the implementation plan stipulates that before the child is 3 years old, both husband and wife can enjoy 10 days of parental leave each year, which has legal effect and the employer must comply with it and cannot be regarded as limited to policy encouragement. This time, Jiangsu Provincial Health Commission , as the competent authority, has further clarified issues such as the starting time of parental leave, superimposed enjoyment, and whether vacation days are included within its scope of authority. This is a way for national administrative agencies to perform their own responsibilities. Refine your explanation.
Yangzi Evening News/Ziniu News reporter Wan Chengyuan
Proofreading Tao Shanggong
