Has the Only Child Elderly-Care Leave Really Come?

作者/编者:Xu Xiaodan, Yang Zi
作者单位:金杜律师事务所
创作年代:2017
出处/来源:金杜律师事务所
学科分类:劳动法学
所属机构:金杜律师事务所
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摘要

Recently, the Legal Affairs Office of Sichuan Province released the Amended Draft Regulation of Sichuan Province on Protection of the Rights and Interests of the Elderly (Draft for Comments). This regulation provides that “for an only child whose parent is over 60 and hospitalized, an employer shall support the only child in taking care of the parent and offer no less than 3 days’ paid elderly care leave per year. The salary and benefits during such leave shall remain unchanged.” The only child elderly care leave then stimulated wide discussion. Sichuan province is not the first to come up with this idea and issue this regulation. Sincethe Law of the People’s Republic of China on Protection of the Rights and Interests of the Elderly was amended in 2015, several local regulations were issued to protect the rights and interests of the elderly and solve the problems of pension and medical treatment. Duration of the leave in Henan Province is the longest followed by Hubei Province. While Hubei sets no ceiling on length; therefore, if an employer approves, the length of the leave in Hubei Province could be longer than that in Henan Province. Furthermore, the conditions for the leave in various regions are basically “being an only child family”, “parent over 60 and in hospital” with salary and benefits remain unchanged during leave. However, there are still worries about whether the leave they need will come true. This article will analyze some basic questions of regulations in different regions.

关键词: Only Child; Elderly-Care Leave; Sichuan

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