According to the provisions of the former State General Administration of Labor and the Ministry of Finance on the issue of taking leave for marriage, funeral and travel for employees of state-owned enterprises, when the immediate family members of employees of state-owned enterprises die, enterprises should give employees 1 ~ 3 days' funeral leave as appropriate according to the specific circumstances. Immediate family members include parents, spouses and children. According to the distance, enterprises should also give employees distance leave. During the employee's funeral leave and travel leave, the enterprise will pay the employee's salary as usual.
Grandparents are immediate family members, but according to the national regulations on funeral leave, they are not used within the scope of funeral leave.
The definition of non-lineal relatives is rather vague. At present, according to different judicial provisions, the definition of immediate family members is not the same. At present, the definition and scope of immediate family members in China's laws are rather vague. It is generally believed that the scope of immediate family members is wider than that of immediate family members, which are mainly divided into the following categories:
(a) lineal blood relatives include not only natural blood relatives, but also fictional blood relatives, and lineal blood relatives only include natural blood relatives.
(2) Immediate family members include some immediate family members and spouses.
(3) lineal relatives include lineal blood relatives, spouses and collateral blood relatives within three generations.
(4) lineal relatives include lineal blood relatives, spouses, collateral blood relatives within three generations and close in-laws.
Lineal consanguinity refers to relatives who are directly related by blood, that is, those who have given birth to themselves and their descendants, including lineal elders (those who have given birth to themselves) and lineal descendants (those who have given birth to themselves), such as parents' children, grandparents' grandchildren, grandparents' grandchildren, etc.
Collateral consanguinity refers to relatives who have indirect consanguinity, that is, relatives who have no direct consanguinity but are of the same ancestry, including collateral consanguinity of their peers, collateral consanguinity of their elders who are higher than themselves and collateral consanguinity of their juniors who are lower than themselves.
The civil code of our country calculates the distance of kinship based on the "generation" between blood relatives, and the calculation method of "generation" is between generations. When calculating lineal consanguinity, take yourself as the first generation, then count up or down from yourself, count parents as the second generation, and count grandparents as the third generation; Countdown to children is the second generation, countdown to grandchildren is the third generation, and so on.
Of course, non-immediate family members cannot enjoy funeral leave.
Bereavement leave/bereavement leave
Ask for leave to attend the funeral. Funeral leave means that according to the provisions of the former State General Administration of Labor and the Ministry of Finance on the leave for marriage and funeral and travel for employees of state-owned enterprises, when the immediate family members of employees of state-owned enterprises die, enterprises should give employees funeral leave 1-3 days as appropriate according to specific circumstances. Immediate family members refer to spouses, parents, children and others who are directly related by blood or marriage. If the immediate family members of the deceased employees are in other places, and the employees need to go to other places to take care of the funeral, the enterprise should also give the employees travel leave according to the distance. During the period of employee's funeral leave and travel leave, the enterprise shall pay the employee's salary as usual. The employee's travel expenses on the way are borne by the employee himself.
legal ground
Labor law of the people's Republic of China
Article 51
During legal holidays, funeral leave and participation in social activities according to law, the employer shall pay wages according to law.
Interim provisions on wage payment
Article 11
During the period when the laborer enjoys annual leave, family leave, marriage leave and funeral leave according to law, the employer shall pay the employee wages according to the standards agreed in the labor contract.