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Legal analysis: To enjoy home leave, the following conditions must be met: (1) work in state organs, people's organizations, enterprises and institutions owned by the whole people, and the working time must be at least one year.
2) Those who do not live with their spouse or father or mother, and cannot be reunited on public holidays.
Legal basis: "Provisions on the Treatment of Employees Visiting Relatives" Article 3 Leave for Employees' Family Visits:
1) If an employee visits his or her spouse, he or she shall be granted home visit leave once a year for 30 days.
2) Unmarried employees visiting their parents, in principle, are given leave once a year, the leave is 20 days, if because of work needs, the unit can not give the leave in that year, or the employee voluntarily visits relatives for two years, can be given leave once in two years, the leave is 45 days.
3) If a married employee visits his or her parents, he or she shall be granted a leave of 20 days every 4 years. Family visit leave refers to the time when employees reunite with their spouses, parents and parents, and travel leave is granted according to actual needs. The above holidays include public holidays and statutory holidays.
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No. Paid leave and home leave are both benefits given by the state to employees who are currently working. Article 4 of the Regulations on Paid Annual Salary for Employees stipulates that employees are not entitled to the annual salary of the current year if they have one of the following circumstances:
1) Employees enjoy winter vacation in accordance with the law, and the number of vacation days is more than the number of annual salary days; (2) The employee has taken more than 20 days of leave, and the company does not deduct wages in accordance with regulations; (3) Employees who have worked for less than 1 year and 10 years, employees who have taken sick leave for more than 2 months (4) Employees who have worked for less than 10 years and 20 years, employees who have taken sick leave for more than 3 months (5) Employees who have worked for less than 20 years and employees who have taken sick leave for more than 4 months. The Regulations on Paid Annual Leave for Employees do not stipulate that annual leave cannot be enjoyed after enjoying home leave.
Article 4 of the Regulations on Paid Annual Leave for Employees.
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It can exist at the same time, but there will be different regulations in different places. Annual leave is for all employees, according to the regulations, employees who have worked for 1 year but less than 10 years, 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.
Family visit leave is mainly for permanent employees who have worked for one year or more in state organs, people's organizations, and enterprises and institutions owned by the whole people.
Article 5 of the Regulations on Paid Annual Leave for Employees shall be arranged by the unit according to the specific conditions of production and work, and in consideration of the wishes of the employees. 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 of annual leave that should be taken by the employee, the employer shall pay 300% of the employee's daily wage.
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Article 3 of the Law on the Implementation of Paid Leave for Employees of Government Institutions and Institutions stipulates that family leave, marriage leave and maternity leave stipulated by the state shall not be included in the annual leave. Article 4 of the regulations on the treatment of employees' family visits stipulates that family visit leave is divided into the following categories:
1. Visiting spouse, home visit leave once a year, 30 days.
2. Unmarried employees visiting their parents will be given leave once a year for 20 days, or once every 2 years for 45 days according to the actual situation.
3. Married employees visiting their parents will take a leave of 20 days every four years. Family leave refers to the time when an employee is reunited with his or her spouse or parents, and travel leave is granted according to actual needs. The above holidays include public holidays and statutory holidays.
4. Employees who implement the leave system (such as school teachers) should visit their relatives during the vacation; If the leave period is short, the employer may make appropriate arrangements to make up the number of days of home leave. Family visit leave is family leave, and annual leave is annual leave; According to the regulations, spouses who cannot use public holidays to reunite with their spouses, once a year for home leave, 30 days of vacation, plus distance, full reimbursement of travel expenses, unmarried employees, can not use public holidays to reunite with their parents, once a year home leave, 20 days of leave, and travel leave, the whole process is reimbursed, married employees, can not use public holidays to reunite with their parents, once every four years, 20 days of leave, and 20 days of leave plus travel, The part of the travel expenses exceeding 20% of the person's salary will be reimbursed.
Article 3 of the Regulations on Paid Annual Leave for Employees.
Employees who have worked for 1 year but less than 10 years shall take 5 days of annual leave; Those who have completed 10 years and have been paid for less than 20 years shall take 10 days of annual leave; 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. Home visit leave is mainly for permanent employees who have worked for one year or more in state organs, people's organizations, and enterprises and institutions owned by the whole people.
Article 3 of the Provisions on the Treatment of Employees Visiting Relatives.
Employee family leave:
1) If an employee visits his or her spouse, he or she shall be granted home visit leave once a year for 30 days;
2) Unmarried employees visiting their parents, in principle, give more than one leave per year, the leave is 20 days, if because of work needs, the unit can not give leave, or the employee voluntarily visits relatives once in two years, can be given leave once in two years, the leave is 45 days;
3) If a married employee visits his or her parents, he or she shall be granted a leave of 20 days every 4 years.
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Employees who are on leave (e.g. school staff) should visit their families during the leave period; If the leave period is short, the unit can make appropriate arrangements to make up for the number of days of home leave. Home leave is family leave, and annual leave is annual leave; In accordance with the regulations, spouses who cannot use public holidays to reunite with their spouses, once a year for home leave, 30 days of leave, plus distance, full reimbursement of travel expenses, unmarried employees, can not use public holidays to reunite with their parents, once a year home leave, 20 days of leave, and another travel leave, full reimbursement, married employees, can not use public leave and parents to reunite, once a year, home leave, 20 days of leave, another travel leave, full reimbursement, married employees, can not use the public vacation and parents to reunite, once every four years to visit home, If the 20-day vacation plus the journey is buried, the part of the travel expenses exceeding 20% of the person's salary will be reimbursed.
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