On The Legal System Of Family Care Leave

After entering the 21 st century,in order to meet the needs of family production and life,the vast majority of families in China have become double-wage families,and family care staff are in short supply.Laborers need to complete their work tasks in order to obtain work remuneration,and also bear the responsibility of taking care of family members.There will inevitably be conflicts between work responsibilities and family responsibilities.According to statistics,the proportion of the population aged 65 and above in China has exceeded 14% of the total population by the end of 2021,indicating that China has entered an aging society and the demand for family care has increased year by year.Meanwhile,in recent years,the trend of "introversion" and the culture of overtime work have prevailed,and the time and energy that workers put into work have increased.So that it is difficult to take into account family responsibilities,let alone family care.In order to ensure the realization of family care,the State Council issued the "Fourteenth Five-Year Plan" National Plan for the Development of Aging and the Elderly Care Service System in 2022,stipulating the exploration of the establishment of the one-child care leave system.However,in practice,there are many problems in child care leave,which cause the user unit to conflict with the leave.It is difficult for workers to apply for leave,guarantee leave treatment and remedy the infringement of rights.Perfect family care leave can not only relieve the pressure of family care,help workers balance work and family responsibilities,but also increase men’s commitment to family care responsibilities,promote gender employment equality,and effectively solve the family care problems caused by aging and fewer children in China.Therefore,it is necessary to improve the legal system of family care leave in China.At the same time,local governments in China have set up child care leave for the care of the elderly,forming the rudiment of the legal system of family care leave,which provides a feasible basis for the construction and improvement of family care leave in China.The international legal system of family care leave is a mature system,among which the legal systems of Germany,Japan and the United States have many advantages,such as the financial support provided by the state for family care leave and the flexible establishment of leave mode,which are worthy of our reference.When the legal system of family care leave in China is being perfected,it is necessary to clarify the position of family care leave and select the appropriate model for its unified legislation.In order to further meet the needs of family care,the application subject and benefit scope of current care leave should be expanded.To deal with the problem that the current single leave mode leads to rigid leave and excessive unit responsibility,a flexible leave mode should be reasonably set and the national financial support should be introduced,so as to reduce the employers’ resistance to the leave and increase the actual utilization rate of workers’ leave.In terms of procedure,we should change the blank and fuzzy situation of the previous procedure,clarify the obligation of workers to notify in advance,the responsibility of submitting proof materials and the right of employers to agree and refuse,so as to facilitate the actual operation of home care leave.In terms of responsibility provisions,the responsibilities of employers and workers should be clarified to avoid abuse of rights and help promote the implementation of the leave system.In order to promote the integration of family care leave into the current leave system in China,we should do a good job in connecting family care leave with relevant holidays to avoid the excessive burden on employers due to too many holidays.