How to calculate the national statutory paid annual leave

Article 2 of the Regulations on Paid Annual Leave for Employees stipulates that 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 shall enjoy paid annual leave (hereinafter referred to as annual leave). The employer shall ensure that the employee is entitled to annual leave.

Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 stipulates that if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.

Article 5 stipulates that the unit shall make overall arrangements for the annual leave of employees according to the specific conditions of production and work, and taking into account the wishes of the employees themselves.

Annual leave can be arranged in a centralized manner within one year, or it can be arranged in stages, and generally not across years. If it is truly necessary for the unit to arrange annual leave for employees across years due to the characteristics of production and work, it may be arranged across one year.

If the employer is unable to arrange for the employee to take annual leave due to work needs, it may not arrange for the employee to take annual leave with the consent of the employee himself. For the number of days that an employee should take without leave, the employer shall pay the annual leave salary and remuneration according to 300% of the employee's daily wage income.

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Employees are entitled to paid annual leave based on the cumulative number of years of service in different workplaces, and those who have worked for more than one year are entitled to paid annual leave.

***。Regulations on the Implementation of Paid Annual Leave for Employees".

Article 2 Employees of government organs, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, and other units shall enjoy paid annual leave (hereinafter referred to as annual leave) if they have worked continuously for more than one year. The employer shall ensure that the employee is entitled to annual leave. Employees are entitled to the same salary during the annual leave period as they would during normal work.

Article 3 Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.

Article 4 Employees who have any of the following circumstances shall not be entitled to the annual leave of the current year:

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 take 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.

Measures for the Implementation of Paid Annual Leave for Employees of Enterprises".

Article 3 Employees who have worked continuously for more than 12 months shall be entitled to paid annual leave (hereinafter referred to as annual leave).

Article 4 The number of days of annual leave shall be determined according to the cumulative working hours of the employees. The period during which an employee works in the same or different employers, as well as the period during which it is deemed to work in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.

Article 5 Where an employee joins the employer for the new employee and meets the requirements of Article 3 of these Measures, the number of annual leave days in the current year shall be determined according to the conversion of the remaining calendar days in the unit, and the part that is less than one full day after conversion shall not be entitled to annual leave.

The conversion method specified in the preceding paragraph is: (365 calendar days remaining in the current year) The number of annual leave days that the employee shall enjoy throughout the year.

Legal Analysis: Calculation of Paid Annual Leave. According to the law, if an employee has worked for 1 year but less than 10 years, he or she shall take 5 days of annual leave; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave.

National statutory holidays and rest days are not included in the annual leave.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Employees of Enterprises Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, he or she shall be given a medical treatment period of 3 months to 24 months according to his actual working years and the number of years of work in the unit

1) Those who have worked for less than 10 years in the field search and those who have worked in the unit for less than 5 years are 3 months; 6 months for more than five years.

2) Where the actual working experience is more than 10 years, 6 months for those who have worked in the unit for less than 5 years, and 9 months for those who have worked for more than 5 years and less than 10 years; 12 months for between 10 and 15 years; 18 months for those between 15 and 20 years; 24 months for those who have been in the family for more than 10 years.

Calculation method of paid annual leave: if the employee has worked for 1 year but less than 10 years, the annual leave is 5 days; 10 days of annual leave for those who have completed 10 years but are less than 20 years; Those who have completed 20 years of leave will take 15 days of annual leave. National statutory holidays and rest days are not included in the annual leave.

According to the regulations, only employees who have worked for the same or different employers for more than 12 consecutive months can enjoy paid annual leave.

[Legal basis].Article 45 of the Labor Law stipulates that the state implements a paid annual leave system. Employees who have worked continuously for more than one year are entitled to paid annual leave. The specific measures are stipulated by ***.

Article 4 of the Measures for the Implementation of Paid Annual Leave for Employees of Enterprises.

The number of annual leave days is determined according to the working hours of the employee. The period during which an employee works in the same or different employers, as well as the period during which it is deemed to have worked in accordance with laws, administrative regulations or regulations, shall be counted as cumulative working hours.

1. The calculation standard of paid annual leave salary is the monthly salary of the employee divided by the number of days (days) of the monthly salary, and the monthly salary refers to the average monthly salary of the employee after excluding overtime pay in the 12 months before the employer pays the salary for the unused annual leave. If the employee has worked for the employer for less than 12 months, the average monthly salary shall be calculated according to the actual month.

2. The number of days of paid annual leave for employees is linked to their own length of service

1) If the employee has worked for 1 year but less than 10 years, the statutory paid annual leave is 5 days;

2) If it has been 10 years but less than 20 years, the statutory paid annual leave is 10 days;

3) For those who have completed 20 years, the statutory paid annual leave is 15 days.

The employer shall not interfere with the employee's arrangement of leave higher than the standard, but if the employee does not fall below the statutory standard, it shall pay the employee 300% of the employee's daily wage income for unused paid annual leave, unless the employee does not take the leave due to personal reasons and has made a written commitment to waive the right to leave.

1. What are the circumstances under which annual leave is not entitled?

Employees are not entitled to annual leave for the current year under the following circumstances.

1) If the employee accumulates more than 20 days of personal leave throughout the year, the employer will not deduct the salary;

2) Employees who have worked for more than one year but less than 10 years and take sick leave for more than 2 months in a year;

3) Employees who have worked for 10 years but less than 20 years and take sick leave for more than 3 months;

4) Employees who have worked for more than 20 years and have taken sick leave for more than 4 months;

5) Demobilized soldiers. Newly recruited workers and self-employed workers who return to work in their original units and whose working time is less than one year are not entitled to annual leave.

2. How to pay wages without taking annual leave?

If the employer arranges for employees to take annual leave, the following situations may occur:

1) If the unit does not arrange, it shall pay three times the salary.

2) Employees who voluntarily give up their annual leave shall submit a written application: According to Article 10 of the Implementation Measures for Paid Annual Leave for Employees of Enterprises, if the employer arranges for the employee to take annual leave, but due to his own reasons and proposes in writing not to take the annual leave, the employer may only pay the employee's salary income during the normal working period.