According to the Regulation on Population and Family Planning of Guangdong Province (GD), each parent can enjoy 10 days of childcare leave each year until their child reaches three years old. And couples with registered residence in Guangdong Province who voluntarily have only one child for life during the one-child policy period, their child shall be granted 5 days of elderly care leave each year when the parents reach 60 years old. When the parents are hospitalized for illness, their child shall be granted a cumulative elderly care leave of no more than 15 days each year.
In order to implement the above childcare leave and elderly care leave, the Human Resources and Social Security Department of Guangdong Province and the Health Commission of Guangdong Province issued a notice on 11 January 2023, which clarifies the following issues:
Childcare leave is calculated and taken on anniversary basis, i.e., according to the child’s actual age.
Childcare leave days are not calculated according to the number of children. If the parents have two children who are both under three years old, then each parent can only enjoy 10 days of childcare leave each year until the youngest child reaches three years old.
In principle, childcare leave can be taken over consecutively or on separate days for no more than two times in the current year.
If both or one of the eligible parents have registered residence in Guangdong Province, their child can enjoy 5 days of elderly care leave each year when one of them reaches 60 years old. If one of them is hospitalized for illness (diagnosis certificate, hospitalization certificate, etc. issued by a medical institution shall be provided), their child can enjoy a cumulative elderly care leave of no more than 15 days each year.
Elderly care leave cannot be superimposed. If both parents have reached the age of 60, their child can only enjoy 5 days of elderly care leave each year. If both of them are hospitalized for illness, the cumulative elderly care leave each year shall not exceed 15.
Elderly care leave is calculated and taken by calendar years. In principle, elderly care leave can be taken over consecutively or on separate days for no more than two times in the current year.
Salaries during childcare leave and elderly care leave shall not be lower than the local minimum wage standard.
Childcare leave and elderly care leave are not counted as paid annual leave for the employee.
If the employer has not arranged for the eligible employee to take childcare leave or elderly care leave after the Regulation on Population and Family Planning of Guangdong Province came into force on 1 December 2021, the employer shall arrange for the employee to take compensatory leave when the employee applies for that.
KAIZEN Group is equipped with experienced and highly qualified professional consultants and is therefore well positioned to provide professional advices and services in respect of the formation and registration of company, application for various business licences and permits, company compliance, tax planning, audit and accounting in China. Please call and talk to our professional consultants for details.
