I want to take annual leave
Must be in the same unit
Can I work for 1 year?
If you have any questions, don't worry!
The Regulations on Paid Annual Leave for Employees stipulates:
Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units who have worked continuously for more than one year are entitled to paid annual leave.
The "Implementation Measures for Paid Annual Leave for Employees of Enterprises" stipulates
Employees who have worked continuously for more than 12 months are entitled to paid annual leave.
The General Office of the Ministry of Human Resources and Social Security <企业职工带薪年休假实施办法>clarified in the "Reply on Relevant Issues" (Ren She Ting Han [2009] No. 149) that:
"Employees have worked continuously for more than 12 months"
It includes the situation where the employee has worked for the same employer for more than 12 consecutive months
It also includes the situation where the employee has worked for different employers for more than 12 consecutive months
Employee working hours
include
The period of full-time work in government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units, as well as the period of military service in accordance with the law and other periods that can be counted as length of service in accordance with national laws, administrative regulations, and the provisions of the State Council (deemed to be the working period).
The working hours of an employee may be determined on the basis of the records in the file, the record of the employer's payment of social security premiums, the labor contract or other legally effective supporting materials.
How long can I take a break?
Employees work cumulatively
Those who have completed 1 year but are less than 10 years old shall take 5 days of annual leave
If the employee has completed 10 years but is less than 20 years, the annual leave is 10 days
Those who have completed 20 years of leave will take 15 days of annual leave
Attention!
National statutory holidays and rest days
Leave that does not count towards annual leave
Employees enjoy it in accordance with law
Family leave, marriage and funeral leave, maternity leave, etc
State-mandated holidays
and the period of leave without pay due to work-related injuries
Annual leave is not counted
If you have taken sick leave
According to the Regulations on Paid Annual Leave for Employees, employees are not entitled to annual leave for the current year if they have any of the following circumstances:
(1) Employees enjoy winter and summer vacations in accordance with the law, and the number of days of vacation exceeds the number of days of annual leave;
(2) The employee takes personal leave for more than 20 days and the unit does not deduct wages in accordance with regulations;
(3) Employees who have worked for 1 year but less than 10 years and have taken sick leave for more than 2 months;
(4) Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than 3 months;
(5) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.
Therefore, whether you can enjoy the annual leave of the current year depends on the accumulated years of service and the time of sick leave.