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Regulations on Second Marriage Leave 2022

Time:2025-08-28 Views:1833


  Abstract: This article provides the content of the 2022 Second Marriage and Family Leave Regulations in the fifth part of the Civil Code of China. Regarding the second marriage leave, those who meet the late marriage age (23 years old for females and 25 years old for males) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).
  Remarried individuals, like first-time marriages, should be entitled to marriage leave. According to relevant regulations in our country, employees are entitled to three days of marriage leave. Regarding the issue of marriage leave for remarried individuals, the labor and social security departments have provided a clear response, stating that "according to the spirit of the fifth part of the Civil Code on marriage and family and the relevant provisions of the state on employee marriage leave, remarried individuals have the same legal status as first-time employees, and employers should refer to relevant national regulations to provide remarried employees with the same marriage leave treatment as first-time employees.
  The regulations for second marriage leave in 2022 are as follows:
  1、 Enjoy the salary benefits during the second marriage leave period: During the marriage leave and travel leave period, the salary will be paid as usual.
  2: Regulations on the number of days of marriage leave:
  1. Those who get married at the legal age of marriage (20 years old for females and 22 years old for males) are entitled to 3 days of marriage leave.
  2. Those who meet the age for late marriage (23 years old for females and 25 years old for males) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).
  3. If both the man and the woman are not working in the same place at the time of marriage, additional travel leave may be granted depending on the distance traveled.
  4. Marriage during family visit leave (to visit parents) will not be granted additional leave.
  5. Marriage leave includes public holidays and statutory holidays.
  Under normal circumstances, the maximum length of marriage leave is three days. The specific time of marriage leave for late marriage is now generally based on the provisions of the provinces or municipalities directly under the Central Government according to the Population and Family Planning Law of the People's Republic of China, which are not consistent across the country.
  Attachment: Relevant laws and regulations
  (1) Legal
  The Population and Family Planning Law mentions that marriage leave can be extended for late childbirth: "Article 25 Citizens who marry late and have late childbirth can get rewards or other welfare benefits for extended marriage leave and maternity leave." - Population and Family Planning Law of the People's Republic of China (Presidential Decree No. 63 of the People's Republic of China)
  There is no mention of marriage leave in the fifth part of the Civil Code on marriage and family.
  (2) Administrative regulations and normative documents
  [1980] There are clear regulations in General Labor Salary No. 29, and the "Notice" is still applicable. Therefore, under normal circumstances, marriage leave is 1-3 days. For those who do not work in the same place, additional travel leave can be given according to the distance traveled.
  The original Ministry of Labor issued Notice No. 67 on June 1, 1959, which stipulated that employees of enterprise units who took marriage and funeral leave within three working days would receive their wages as usual. Since the trial implementation of this method, some units and employees have reported that when an employee gets married, both parties are not working in the same place, and when an employee's immediate family member dies, the employee needs to go to another place to handle the funeral. Due to the lack of travel leave, it has brought some practical difficulties to the employee. After research, the following notice is hereby issued regarding the issue of employees taking marriage, funeral, and travel leave:
  1、 When an employee gets married or their immediate family members (parents, spouse, and children) die, one to three days of marriage and funeral leave may be granted at the discretion of the administrative leadership of the unit, depending on the specific circumstances.
  2、 When employees get married, both parties are not working in the same place; If an employee's direct relatives in another city die and the employee needs to attend to funeral arrangements in another city, additional travel leave can be granted based on the distance traveled.
  3、 During the approved marriage and funeral leave and travel leave, employees' wages shall be paid as usual. All transportation expenses during the journey will be borne by the employees themselves.
  4、 The above regulations shall be implemented from the month of issuance of this notice. ”Notice of the State Administration of Labor and the Ministry of Finance on the Issue of Marriage, Funeral Leave and Travel Leave for State owned Enterprise Employees (February 20, 1980 [1980] Lao Zong Xing Zi No. 29) Sichuan Faneng Law Firm is dedicated to serving you.

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