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PRC Labour Law - Bitesize: How Many Days Leave is An Employee Entitled to on Marriage?




by:
Mayer Brown LLP - Chicago Office

 
February 16, 2010

Previously published on February 4, 2010

How many days leave is an employee entitled to on marriage?

An employee is entitled to 1-3 days marriage leave under the national regulations.

Whilst certain regions have not issued clear local rules, in practice it is generally accepted that employers should provide three days marriage leave to their employees.

What is "late marriage leave"?

An employee is entitled to "late marriage leave" in the following circumstances:

    (a) when a female employee first gets married at 23 years old or older, or
    (b) when a male employee first gets married at 25 years old or older.

In such circumstances, the relevant employee will generally be entitled to between 7 and 12 additional days of leave (depending on local rules).

For example, in Shanghai, an employee gets 7 days late marriage leave whilst in Guangdong the employee would get 10 days.

Are employees entitled to pay during marriage leave and late marriage leave?

Yes. Employees are entitled to be paid their normal salary during such leave.

What happens when an employee gets re-married?

Generally speaking, the employee will be entitled to marriage leave but will not be entitled to late marriage leave on subsequent marriages.

What happens when an employee got married just before he joined our company and now applies for marriage leave to arrange for his wedding banquet?

While the law is not clear in this aspect, it is generally accepted that if the marriage date is prior to the date the employee commenced employment, then the employer is not obliged to approve the marriage leave application. However, the employer should check local practice on this point.

Must the employee apply to take his or her marriage leave within a certain time of the marriage?

The PRC law is silent on when the employee must take his or her marriage leave. An employer may wish to address this issue in an internal policy. For example, the employer may provide that all marriage leave and late marriage leave must be taken within one year of the marriage date, otherwise the employee will be regarded to have waived his or her entitlement to such leave.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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