Every year at the end of the year, some people suddenly remember that the annual leave has not been taken yet, but this period is usually the busiest time for work in the unit, and many people may not be able to take the annual leave because of this.
Therefore, some people have proposed that the annual leave not taken this year can be postponed to the second year, or that the unit can directly "discount" the annual leave.
So, will the annual leave be "automatically invalidated" if it does not last for the year?
Can I claim financial compensation for untaken annual leave?
In addition, which holidays such as sick leave, personal leave, marriage leave, funeral leave, maternity leave, and paternity leave are commonly used by "beating workers", which ones must be approved by the unit?
Which are negotiable?
In this issue of [You Ask Me to Answer], let’s talk about leave and vacation.
Q: Will the annual leave be "automatically void" if it does not last for a year?
A: According to the labor law, the state implements a system of paid annual leave.
Employees who have worked continuously for more than one year are entitled to paid annual leave.
Regarding the arrangement of annual leave, the "Regulations on Paid Annual Leave for Employees" clearly states that annual leave can be arranged collectively or in sections within a year, and generally does not arrange across years.
If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it can arrange across one year.
In addition, the "Implementation Measures for Paid Annual Leave for Enterprise Employees" stipulates that the employer shall arrange annual leave according to the specific situation of production and work, and consider the wishes of the employees themselves.
If the employer cannot arrange annual leave for employees due to work needs or arrange annual leave across one year, it shall obtain the consent of the employees themselves.
In general, if an employee proposes in writing not to take annual leave due to personal reasons, the annual leave of the current year shall be invalid; Before December 31 next year, the unit needs to arrange for employees to finish their vacation.
Q: Can I claim wage compensation for untaken annual leave?
Answer: First of all, the reason for not taking annual leave must be clarified.
If the employee does not take annual leave due to personal reasons and proposes in writing, the employer can only pay the salary income during the normal working period.
If the employee is not allowed to take annual leave due to the work needs of the unit, the unit shall pay 300% of his daily wage income for annual leave wages.
The 300% here includes the wages already paid by the employer, that is, the employer needs to pay an additional 200% to the employee.
If the employer neither arranges for the employee to take annual leave nor pays annual leave salary compensation in accordance with the regulations, the employee may file a complaint with the local labor security supervision department in accordance with the law, or file a labor arbitration to protect his rights in accordance with the law.
At the same time, it must be noted that the statute of limitations for arbitration cannot be "overdue". According to the Labor Dispute Mediation and Arbitration Law, the statute of limitations for labor disputes to apply for arbitration is one year.
The limitation period for arbitration is calculated from the date on which the parties know or should know that their rights have been violated.
Q: Will frequent sick leave affect annual leave?
Answer: Sick leave means that when an employee needs to stop working for medical treatment due to illness or non-work-related injury, the enterprise should give a certain amount of medical leave according to the employee's actual working years and working years in the unit.
According to the "Opinions on Several Issues Concerning the Implementation of the Labor Law of the People's Republic of China", during the period of medical treatment for illness or non-work-related injuries of employees, the enterprise shall pay their sick leave wages or disease relief expenses according to relevant regulations during the prescribed medical treatment period. Sick leave wages or sickness relief payments may be paid below the local minimum wage, but not less than 80% of the minimum wage.
As far as personal leave is concerned, the number of days is determined by the employer through the formulation of rules and regulations, and the law does not make mandatory provisions on this.
Moreover, personal leave is usually unpaid, but if the employer stipulates that wages can be paid, follow its regulations.
The "Regulations on Paid Annual Leave for Employees" stipulates that employees who have one of the following circumstances will not enjoy the annual leave of the year: (1) the employee enjoys winter and summer vacations according to law, and the number of days of leave exceeds the number of days of annual leave; (2) the employee asks for personal leave If the accumulative total is more than 20 days and the unit does not deduct wages in accordance with the regulations; (3) For employees who have worked for 1 year but less than 10 years, the sick leave has accumulatively exceeded 2 months; (4) For employees who have worked for 10 years but less than 20 years, (5) Employees who have accumulatively worked for more than 20 years and have accumulatively asked for sick leave for more than 4 months.
Q: How many days can I take for marriage leave? Can remarried people enjoy marriage leave?
Answer: According to the "Notice of the State Administration of Labor and the Ministry of Finance on the Issues of State-owned Enterprise Employees Asking for Marriage and Funeral Leave and Travel Leave", when an employee gets married or an employee's immediate family member (parents, spouses and children) dies, it will be approved by the leader of the unit, and 1 1 to 3 days of wedding and funeral leave.
Wages will be paid during the wedding and funeral leave without affecting the benefits.
At the same time, according to the relevant regulations of our country, remarried persons have the same legal status as first-married persons, and employers should refer to relevant state regulations and give remarried employees the same marriage leave treatment as first-married employees.
Q: How should maternity leave be taken?
How is paternity leave regulated?
Answer: According to the "Special Regulations on Labor Protection for Female Employees", female employees are entitled to 98 days of maternity leave, of which 15 days can be taken before giving birth; for dystocia, 15 days of maternity leave should be added; for multiple births, for each additional baby , can increase maternity leave by 15 days.
Female employees who have a miscarriage within 4 months of pregnancy are entitled to 15 days of maternity leave; those who have a miscarriage after 4 months of pregnancy are entitled to 42 days of maternity leave.
For paternity leave, 31 provinces (municipalities directly under the central government and autonomous regions) in the country have stipulated paternity leave for men in their local population and family planning regulations (in some areas, it is called nursing leave, caring leave, nursing leave), and the duration of paternity leave ranges from 10 days to 30 days. Days vary, and wages are paid during holidays without affecting benefits.
Li Yiming and Liang Chengdong (Source: Rule of Law Daily)