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Rules and scope of bereavement leave

Bereavement leave is a leave taken for the funeral.

The bereavement leave refers to the “Regulations on the Issues Concerning Marriage and Funeral Leave and Travel Leave for Employees of State-owned Enterprises” by the former State Administration of Labor and the Ministry of Finance. When the immediate family members of state-owned enterprise employees die, the enterprise should give the employees as appropriate according to the specific circumstances. 3 days of bereavement leave. Immediate family members refer to people who have direct blood or marriage relationship with them, such as spouses, parents, and children.

If the immediate family member of the employee who died is in a foreign country and the employee needs to go to the foreign country to handle the funeral, the company should give the employee travel leave based on the distance. When employees are on bereavement leave and travel leave, the enterprise shall pay employees’ wages as usual. The employee’s travel expenses on the way, etc. shall be borne by the employee himself.

Provenance

Article 51 of the “Labor Law of the People’s Republic of China” stipulates that “employers shall pay wages in accordance with the law during the statutory holidays, weddings and funerals, and during the period of legal participation in social activities.”

Article 11 of the “Interim Regulations on Wage Payment” of the Ministry of Labor stipulates that “when employees are entitled to annual leave, family visit leave, marriage leave, and funeral leave in accordance with the law, the employer shall pay the worker’s wages in accordance with the standards stipulated in the labor contract.”

According to the above-mentioned relevant laws and regulations, workers are entitled to paid bereavement leave in accordance with the law. Therefore, the company should provide employees with paid bereavement leave in accordance with national laws and regulations.

Regulation

For the specific operations of employees taking bereavement leave, please refer to the legal provisions of the former State Administration of Labor and the Ministry of Finance “Notice on the Issues Concerning State-owned Enterprise Employees’ Marriage and Funeral Leave and Travel Leave”:

  1. When the employee gets married or the employee’s immediate family members (parents, spouses and children) die, one to three days of marriage and funeral leave may be granted with the approval of the administrative leader of the unit according to the specific circumstances.
  2. If both parties do not work in the same place when the employee gets married, and if the employee’s immediate family member in another place dies and the employee needs to go to the other place to take care of the funeral, the employee may be given travel leave based on the distance of the journey.
  3. During the approved marriage and funeral leave and travel leave, the employees’ wages will be paid as well, and all the transportation fees on the way will be borne by the employees themselves.

The state has not made specific regulations on the marriage and funeral leave for employees of non-state-owned enterprises.

The above regulations are not perfect, and individual provinces, autonomous regions, and municipalities have more detailed regulations, which generally do not conflict with the above regulations.

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