Can the employer not approve an employee s personal leave?

In the course of the daily operation and management of the employer, in addition to the various public holidays and holidays that have been clearly stipulated by the state, employees who have to leave their jobs under special circumstances can take personal leave, but the right of approval lies with the employer.

1. If an employee requests personal leave, in principle, he or she shall submit a written application in person in advance, fill in the "Leave Approval Form", and clarify the type, reason and time of leave.

Then it shall be reviewed and approved according to the management authority of the relevant staff of the employer, and shall be signed and approved by the competent leader, and then reported to the personnel department for the record.

If an employee leaves his or her job without asking for leave, or fails to return after the expiration of his leave without approval, he or she shall be punished as absenteeism.

Under normal circumstances, employees will not maliciously ask for personal leave, and the result will outweigh the losses, unless it is a last resort.

2. What are the latest provisions of the Labor Law on personal leave?

According to article 45 of the Labour Code, a person is entitled to annual leave in accordance with the law as long as he or she can prove that he has worked continuously for more than 12 months. However, according to the relevant provisions of the Labor Law, an employee shall not be entitled to the annual leave of the current year under any of the following circumstances: the employee takes personal leave for more than 20 days and the employer does not deduct wages in accordance with the regulations.

It can be seen that if an employee takes personal leave for more than 20 days in a calendar year, and the employer does not deduct his or her salary during the personal leave, he or she will no longer be entitled to the annual leave of the current year. If the annual leave of the current year has already been taken, the employee will no longer be entitled to the annual leave of the following year according to the relevant provisions of the labor law.

If an employee has taken more than 20 days of personal leave in the current year, but has deducted the salary for the corresponding personal leave days in accordance with the regulations, the employee still has the right to take annual leave, and the employer shall not deprive him or her of it.

If an employee's personal leave is not approved, can the company fire the employee for forced leave?

Personal leave, leave taken for personal or personal reasons.

When an employee meets the conditions for home leave, annual leave, sick leave, marriage and funeral leave, and maternity leave, it is illegal to take the first five kinds of leave, and it is legal to refuse to approve other leave.

If an employee asks for leave for a legitimate reason, and the employer does not approve it, he or she will bear the corresponding legal responsibility. The employer shall approve the request for leave under the following circumstances:

1. Sick leave. It refers to the medical leave that the employer shall grant to the employee when he or she needs to stop working for medical treatment due to illness or non-work-related injury. Since the employee is unwell and needs to take sick leave, the employer must approve the leave as long as the employee provides a certificate issued by the hospital and completes the leave application procedures.

If an employee needs to stop working for medical treatment due to illness or non-work-related injury, he or she can enjoy a medical treatment period of 3 to 24 months according to the number of years of service;

2. Marriage leave. It refers to the leave enjoyed by the employee himself due to marriage. During the marriage leave, the employer is required to pay the employee's wages in full. This is the protection of the rights and interests of workers;

3. Maternity leave. It is the legitimate rights and interests of female employees, and if the employer refuses to give female employees maternity leave, female employees can complain, report, appeal, apply for mediation and arbitration, or even sue for litigation. Female employees can enjoy maternity leave due to pregnancy and childbirth;

4. Bereavement leave. It refers to the leave enjoyed by an employee due to the death of a relative in the family. When an employee gets married or an employee's immediate family members, parents, spouses, or children die, they may be granted 1 to 3 days of marriage and funeral leave with the approval of the administrative leaders of the unit according to the specific circumstances.

Laws and Regulations

Special Provisions on Labor Protection of Female Employees

Article 7: Female employees are entitled to 98 days of maternity leave for childbirth, of which 15 days may be taken before childbirth; In case of dystocia, the maternity leave shall be increased by 15 days; In the case of multiple births, the maternity leave can be increased by 15 days for each additional child.

If a female employee has a miscarriage before 4 months of pregnancy, she is entitled to 15 days of maternity leave; If the pregnancy is 4 months old and the miscarriage occurs, the employee is entitled to 42 days of maternity leave.

Whether the company has the right not to approve the employee's leave application needs to be determined according to the company's specific regulations and the actual situation of the employee. If an employee really has a particularly urgent matter, it would be too impersonal for us not to approve the employee's request for leave. If an employee takes a leave of absence for too long or does not give a reason for taking leave, then we can naturally disapprove the employee's request for leave.

1. If an employee takes leave because of an emergency, we, as the head of the company, should approve the employee's leave request. If an employee requests leave from the company because he or she encounters a very urgent personal matter, such as a family member who is sick and hospitalized, or a major event such as getting married and having children, the company should naturally approve the employee's leave request.

As the leader of the company, when we pay attention to the company's earnings and profits, we should also be considerate of the emotions of employees, and should also care more about and understand employees.

2. If the employee is always absent from work without reason, then we can naturally reject his request for leave. If an employee always asks for leave, takes a long leave of absence every time, and does not give the company a reasonable explanation and explanation each time, then the company naturally has the right and right not to approve the employee's leave request.

If the employee is absent from work for too long without reason, we can directly deal with and arrange the dismissal of the employee, because the employee violates the company's rules and regulations in advance, and the company is naturally qualified to punish the employee.

3. We should decide whether to approve the employee's leave demand based on the actual situation of the employee and the company. All in all, we should consider whether to approve an employee's leave request based on the actual situation.

If the company is busy, the staff is limited, and the employee's need for leave is not particularly urgent, we can reject the employee's evaluation request. If the company has not been busy lately and is well-staffed, and the employee is taking time off for something particularly important, we should approve the employee's request for leave.

In short, companies should be more flexible and humane when managing employees.

The labor law does not specify how many days an employer can dismiss an employee if he or she applies for personal leave. The labor contract can only be terminated when the employee seriously violates the unit system or is unable to work in the position. If an employee needs to take a long-term personal leave, the company cannot approve it.

Businesses can terminate employees for three consecutive days or a total of seven days. If the company approves the leave, it will be against the rules.

In the daily operation and management of the employer, except for all kinds of public holidays clearly stipulated by the state, employees who must leave their posts under special circumstances may apply for personal leave, but the right of approval belongs to the employer. If an employee takes more than 20 days of personal leave in a calendar year and the employer does not deduct his or her salary during the personal leave, he or she will no longer be entitled to annual leave for that year; If the employee has already taken the annual leave for the current year, the employee will no longer be entitled to the annual leave for the following year according to the relevant provisions of the labor law.

When an employee requests personal leave to participate in these activities, the employer cannot treat it as personal leave, let alone an unauthorized absence from work. This is also a provision for local conscription regulations. The employer should fully consider the specific difficulties of the employee and negotiate the approval of holiday leave and related handling matters.

If an employer terminates an employee who seriously violates the rules and regulations of the employer and does not ask for leave or leave on the grounds of absenteeism, it must follow the legal procedures to ensure that the facts are clear and the evidence is conclusive.

Fixed-term labor contract, monthly remuneration; During the period when the dispatched worker is not working, the labor dispatch unit shall pay the labor remuneration on a monthly basis in accordance with the minimum wage standard stipulated by the local people. In order to prevent the employer from evading the statutory obligations of the labor contract and infringing on the legitimate rights and interests of the employees, the employer shall fulfill the obligations stipulated in the labor regulations and safeguard the legitimate rights and interests of the dispatched workers. It is very important to choose a labor dispatch unit with the same cultural concept as the employer to cooperate in order to achieve the goals and objectives of labor dispatch and to carry out good communication and cooperation in the implementation of labor dispatch.

Of course, there is this right, but formal company personal leave generally requires a clear reason, such as a red or white matter, because other things plus can be misappropriated annual leave.

No, and if the employee asks for leave for a valid reason, then the company should approve it, and then the company does not deprive the employee of other rights.

If you have the right, this has to be analyzed according to the situation, and if it is some very urgent leave, it still has to be approved.

Legal analysis: It is not illegal, the employer has the right to approve personal leave, except for various public holidays and holidays that have been clearly stipulated by the state, in case of special circumstances, if the person must leave the job, he can ask for personal leave, but the right of approval lies with the employer. If an employee proposes to apply for personal leave, in principle, he or she shall submit a written application in person in advance, fill in the "Leave Application Form", clarify the type, reason and time of leave, and then review and approve it in accordance with the management authority of the relevant staff of the employer, and report to the personnel department for the record after being signed and approved by the competent leader.

If an employee leaves his or her job without asking for leave, or fails to return after the expiration of his leave without approval, he or she shall be punished as absenteeism.

Legal basis: Article 39 of the Law of the People's Republic of China on Labor and Labor Article 39 The employer may terminate the labor contract if the employee falls under any of the following circumstances:

1) During the probationary period, it is proved that they do not meet the employment requirements;

2) Seriously violating the rules and regulations of the employer;

3) Serious dereliction of duty, malpractice for personal gain, causing major damage to the employer;

4) The worker establishes labor relations with other employers at the same time, causing a serious impact on the completion of the work tasks of the employer, or refuses to make corrections upon the employer's request;

5) The labor contract is invalid due to the circumstances specified in Item 1, Paragraph 1 of Article 26 of this Law;

6) Those who have been pursued for criminal responsibility in accordance with law.

1. Can the company not approve the employee's personal leave?

1. The company cannot refuse to approve the employee's personal leave. Sick leave, marriage and funeral leave, late childbirth nursing leave, etc. also need to be approved by the company, but the company only has the right to formally review the employee's sick leave, as long as the employee presents a valid sick leave certificate, the unit cannot fail to approve.

2. Legal basis: Article 40 of the Labor Law of the People's Republic of China.

Employers shall arrange leave for employees during the following holidays in accordance with the law:

a) New Year's Day; 2) Spring Festival;

3) International Labor Day;

4) National Day;

5) Other holidays and holidays as provided for by laws and regulations.

Article 41.

Due to the needs of production and operation, the employer may extend the working hours after consultation with the labor union and the workers, and generally shall not exceed one hour per day; If it is necessary to extend the working hours due to special reasons, the extended working hours shall not exceed three hours per day, but shall not exceed thirty-six hours per month, provided that the health of the worker is guaranteed.

2. What are the procedures for taking personal leave?

1. Fill in the leave slip in advance to explain the reason for the leave and indicate the start and end time of the leave, and the leave can only be taken after approval by the department leader and the school-level leader;

2. For more than two days of leave, please fill in the corresponding leave template and go through the leave procedures, and if you are still unable to go to work beyond the medical treatment period stipulated by the state, you will be dismissed or dismissed according to the national regulations.

Legal analysis: In the process of daily operation and management of the employer, in addition to the various public holidays and holidays that have been clearly stipulated by the state, employees who have to leave their jobs under special circumstances can apply for personal leave, but the right of approval lies with the employer. If an employee proposes to apply for personal leave, in principle, he or she should personally submit a written application in advance, fill in the "Leave Approval Form", and clarify the type, reason and time of leave.

Legal basis: Article 45 of the Labor Law of the People's Republic of China 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 ***.