New Regulations about Maternity and Paternal Leave in Shanghai

2021年11月25日,上海市十五届人大常委会第三十七次会议审议并表决通过了《关于修改〈上海市人口与计划生育条例〉的决定》(简称“条例”),自公布之日起施行。自2021年11月25日起,本市实施“三孩”生育政策,一对夫妻可以生育三个子女,并简化认定情形,不再对再婚夫妻之前生育的子女进行合并计算,同时将生育假由三十天延长到六十天,并增设育儿假。《条例》还规定,鼓励用人单位采取有利于照顾婴幼儿的灵活休假和弹性工作措施,支持家庭生育、养育。

On November 25, 2021, the 37th meeting of the Standing Committee of the 15th Shanghai Municipal People’s Congress considered and voted on the Decision on Amending the Shanghai Regulations on Population and Family Planning (the “Regulations”), which shall come into effect on the date of publication.

Since November 25, 2021, the city has implemented a “three-child” fertility policy, which allows a couple to have three children, and simplifies the circumstances under which the children previously born to a remarried couple are no longer counted together while expanding the extended maternity leave from thirty days to sixty days and adding parental leave.

The Regulations also provide that employers are encouraged to take flexible leave and flexible work measures that are conducive to the care of infants and young children to support family childbirth and parenting.

关于相关假期具体问题:

Specific questions on the new regulations about maternity and paternal leave in Shanghai

生育假是多少天?如何享受?

How many days is the maternity leave? How to enjoy it?

答:按照《条例》规定,符合法律法规规定生育的夫妻,女方除享受国家规定的产假外,还可以再享受生育假六十天。生育假享受产假同等待遇。生育假一般应当与产假合并连续使用。生育假遇法定节假日顺延。

根据相关法律,女职工生育享受98天产假,难产等情况适当延长。这也就意味着,上海女职工的产假与生育假相加,生育期间,可有158天假期。

A: According to the “Regulations”, in accordance with the provisions of the laws and regulations of the birth of the couple, the female party, in addition to enjoying the maternity leave provided by the state, can also enjoy another sixty days of extended maternity leave. Extended maternity leave has the same treatment as maternity leave. Extended maternity leave should generally be combined with maternity leave used consecutively. Extended maternity leave shall be extended in case of legal holidays.

According to the relevant laws, female workers are entitled to 98 days of maternity leave for childbirth, with appropriate extensions for difficult births and other cases. This also means that the maternity leave in Shanghai can be combined with extended maternity leave, and during the period of childbirth, there can be 158 days of leave.

在2021年5月31日(包括5月31日)之后至新修订《条例》出台实施(2021年11月25日)前这段时间已经生育子女的夫妻,如何享受生育假?

How do couples who have given birth to children after May 31, 2021 (including May 31) and before the introduction and implementation of the new revised Regulations (November 25, 2021) enjoy extended maternity leave?

答:在这段时间内符合法律法规规定已经生育子女的夫妻,如果女方已经按照原《条例》享受完毕三十天生育假的,可以再补享受生育假三十天;如果女方已经领取了原三十天生育假期间的生育保险待遇,可以再补领取三十天生育假期间的生育保险待遇。医保部门会自动按原申领银行账户予以补发,无需个人重复申请。

A: For couples who have given birth to children in accordance with laws and regulations during this period, if the woman has already completed the thirty days of extended maternity leave in accordance with the original Regulations, she can receive another thirty days of maternity leave; if the woman has already received maternity insurance benefits during the original thirty days of extended maternity leave, she can receive another thirty days of maternity insurance benefits during the maternity leave. The medical insurance department will automatically make up the payment according to the original claiming bank account, and there is no need for individuals to apply again.

育儿假是多少天?如何享受?

How many days is parental leave? How do I enjoy it?

答:按照《条例》规定:“符合法律法规规定生育的夫妻,在其子女年满三周岁之前,双方每年可以享受育儿假各五天。育儿假期间的工资,按照本人正常出勤应得的工资发给。”在实际执行中,育儿假按照生育的子女数量计算天数。每年的育儿假原则上应在当年使用,可以连续使用,也可以分散使用。

A: According to the Regulations, “couples who give birth in accordance with the laws and regulations, before their children reach the age of three, can enjoy five days of parental leave each per year. Wages during the parental leave, in accordance with their normal attendance, should be paid.” In practice, the number of days of parental leave is calculated according to the number of children born. In principle, the annual parental leave should be used in the current year, either consecutively or scattered.

《条例》规定,“在其子女年满三周岁之前,双方每年可以享受育儿假各五天”,这里的“每年”是指自然年?还是周年?

The Regulations provide that “each party shall be entitled to five days of parental leave per year until the child reaches the age of three years”, does “per year” mean a natural year? Or is it an anniversary?

答:指的是“周年”。举例来说:如果孩子的出生时间是2021年12月1日,则到2022年11月30日是一个周年,在这个周年期间,双方可以享受育儿假各5天。以此类推。

A: It means “anniversary”. For example, if the child is born on December 1, 2021, the anniversary will be November 30, 2022, and both parties will be entitled to five days of parental leave each during that anniversary. And so on.

在新修订的《条例》实施之日(2021年11月25日),子女年龄不满三周岁的,其父母是否也可以享受育儿假各五天?

On the date of the implementation of the newly revised Regulations (November 25, 2021), if the child is under the age of three, will the parents also be entitled to five days each of parental leave?

答:可以享受育儿假,以孩子的实际年龄来计算。举例来说:如果孩子的实际年龄已经满1周岁、未满2周岁的,则其父母双方还可以享受2个周年期间的育儿假各5天。以此类推。

A: Parental leave is available and is calculated based on the actual age of the child. For example, if the actual age of the child is one year old and less than two years old, both parents are also entitled to five days of parental leave for each of the two anniversary periods. And so on.

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