Can I take annual leave after I have taken maternity leave? Chicken feather letter!!

Which will. Maternity leave is as it should be, and it is not possible to deduct your annual leave.

Taking maternity leave in accordance with the law is a special right granted by law to pregnant female employees, and no unit or individual may refuse to take maternity leave under any pretext for any reason. Not being allowed to take maternity leave is a violation of the labor law. Statutory annual leave refers to the time that an enterprise or unit allows employees who meet the conditions for annual leave to take a set amount of rest, and this time is the number of days specified by the company, and they can enjoy paid leave during this time period.

A certain number of days of paid vacation per year. The Labor Law stipulates that all employees who have worked in the employer for one year in a row can enjoy annual leave with paid and closed holidays.

Legal basis: "Regulations of the People's Republic of China on Paid Annual Leave for Employees" Article 4 Employees shall not enjoy the annual leave of the current year under any of the following circumstances: (1) The employee enjoys winter and summer vacations in accordance with the law, and the number of days of leave 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 take 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.

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.Employees take personal leave for more than 20 days and the employer does not deduct wages in accordance with regulations;

3.Employees who have worked for 1 year but less than 10 years and take 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. Maternity leave cannot be counted as sick leave.

National holidays and rest days are not included in annual leave. The state stipulates that employees are entitled to family leave, marriage and funeral leave, maternity leave and other holidays in accordance with the law, and the paid period of suspension of production due to work and shed injuries shall not be included in the annual leave. Employees who have worked for more than 1 year and less than 10 years shall take 5 days of annual leave; If you have worked for more than 10 years but less than 20 years, you will have 10 days of annual leave; 15 days of annual leave for 20 years of service.

Female employees who have taken maternity leave are still entitled to annual leave for that year. Of course, the attribution of the right to choose the time point of annual leave should be determined according to the circumstances. If the current year's holiday is arranged, the employer has the right to determine the time point according to the needs of production and operation; If it is arranged for the current year's leave and the next year, the employee's consent shall be obtained.

What about maternity leave?

1. For fetal leave, wages are paid according to sick leave, and fetal leave is certified by doctors, so wages are paid according to sick leave;

2. Prenatal leave, wages are paid according to eighty percent, pregnancy is more than 7 months, such as work permit, upon my application and approval by the unit, you can take two and a half months of prenatal leave. In some cases, if the local laws and regulations stipulate that leave must be granted, the employer shall approve the leave, and the salary shall be paid according to 80% of the employee's previous monthly actual salary standard;

3. Breastfeeding leave, six and a half months according to the salary of eighty percent, and then extended the period according to seventy percent, after the female employee gives birth, if there is difficulty and the number of work permits, by the person to apply, approved by the unit, you can take six and a half months of breastfeeding leave, the salary according to the employee's previous monthly salary standard eighty percent, and then extend the period according to seventy percent.

[Legal basis].

Measures for the Implementation of Paid Annual Leave for Employees of Government Institutions and Public Institutions".

Article 3 The leave for family leave, marriage and funeral leave, and maternity leave provided for by the State shall not be included in the annual leave.

Paid annual repair leave is the statutory leave right enjoyed by employees after working for a certain period of time, and maternity leave is the statutory leave treatment of female employees before and after childbirth. There is no conflict between maternity leave and paid annual leave, and maternity leave is not the first annual leave.

Article 7 of the Special Regulations on Labor Protection for Female Employees Female Employees are entitled to 98 days of maternity leave after giving birth, 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. Article 3 of the 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 enjoy paid annual leave (hereinafter referred to as annual leave). Article 6 The family leave, marriage and funeral leave, maternity leave and other holidays prescribed by the state enjoyed by employees in accordance with the law, as well as the period of suspension of work and salary due to work-related injuries, shall not be included in the annual leave.

Legal Analysis: Yes. Female employees who have taken maternity leave are also entitled to annual leave.

Because according to the relevant laws and regulations, employees are not entitled to the annual leave of the current year under any of the following circumstances: 1. Employees enjoy winter and summer vacations in accordance with the law, and the number of vacation days is more than the number of annual leave days; (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 shall take sick and blind leave for more than 4 months. Maternity leave cannot be counted as sick leave.

Legal basis: Lao Wang: "Implementation Measures for Paid Annual Leave for Employees of Government Organs and Public Institutions" Article 3 The leave for family leave, marriage and bereavement leave, and maternity leave provided by the state shall not be included in the annual leave.