I took three months of medical sick leave due to illness, so do I still have annual leave?

Article 4 of the Regulations on Paid Annual Leave for Employees (No. 514) of the People's Republic of China (No. 514) Employees who have one of the following circumstances shall not enjoy 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.

If you have less than 20 years of service now, it is legal for the employer to do so, and it is not a lie. Otherwise, it's not right.

Paid leave is not waived for sick leave.

Lawyer Wu Hongming.

Maternity leave and annual leave are not in conflict, there must be Who said that the New Year will not stop? Fart.

Legal Analysis: Not Enjoyable. If you have worked for 20 years or more, you can take annual leave, but if you take sick leave for three months, you will not be entitled to annual leave.

Annual leave refers to the leave that is given to employees once a year. The employer shall ensure that the employee is entitled to annual leave. Employees of government agencies, organizations, enterprises, public institutions, private non-enterprise units, individual industrial and commercial households with employees, etc., who have worked continuously for more than one year, can enjoy paid annual leave.

Legal basis: Article 4 of the Regulations on Paid Annual Leave for Employees Employees shall not enjoy the annual leave of the current year if they have any of the following circumstances: (1) the employee enjoys 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 more than one year but less than 10 years and have taken sick leave for more than two months; (4) Employees who have worked for 10 years but less than 20 years, and have taken sick leave for more than three months; (5) Employees who have worked for more than 20 years and have taken sick leave for more than four months.

Legal Analysis: It is not possible to take annual leave after taking sick leave.

According to Article 3 of the Regulations on Paid Annual Leave for Employees, 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 4 stipulates that employees shall not be 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 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.

Legal basis: Provisions on the Medical Treatment Period for Sick or Non-work-related Injuries of Enterprise Employees Article 3 When an employee of an enterprise needs to stop working for medical treatment due to illness or non-work-related injury, the State stipulates that outpatient sick leave shall be held for a maximum of a few days, and a medical treatment period of three months to 24 months shall be granted according to the actual number of years of work and the number of years of work in the unit: (1) if the actual working experience is less than 10 years, three months if the actual working experience is less than five years; Six months for more than five years.

(2) Where the actual working experience is more than 10 years, the working experience in the unit is less than 5 years, and 6 months is 6 months; 9 months for those between five and ten years; 12 months for between 10 and 15 years; 18 months for between 15 and 20 years; 24 months for more than 20 years.

Employees who have worked for more than 1 year but less than 10 years are not entitled to annual leave if they have taken sick leave for more than 2 months, employees who have worked for 10 years but less than 20 years are not entitled to annual leave if they have taken sick leave for more than 3 months, and employees who have worked for more than 20 years and have taken sick leave for more than 4 months are not entitled to annual leave.

Legal analysis

With regard to the annual leave of employees, it is often determined on the basis of the number of years of service of the employee. Annual leave refers to the paid continuous leave that an employee is entitled to every year after working for a certain number of years of service. Annual leave includes basic annual leave and supplementary annual leave, and the specific time is stipulated by the state according to different types and the degree of workload.

In any of the following circumstances, the employee shall not enjoy the annual leave of the current year: the employee enjoys the winter and summer vacations in accordance with the law, and the number of vacation days exceeds the number of annual leave days; Employees take personal leave for more than 20 days and the employer does not deduct wages in accordance with regulations; Employees who have worked for one year but less than 10 years and take sick leave for more than two months; Employees who have worked for 10 years but less than 20 years and have taken sick leave for more than three months; Employees who have worked for more than 20 years and have taken sick leave for more than four months. The number of annual leave days is determined based on the employee's cumulative working hours.

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.

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 ***.

Measures for the Implementation of Paid Annual Leave for Staff of Organs and Public Institutions》 Article 9 Where an organ or public institution has arranged annual leave, and the staff member has not taken it and has any of the following circumstances, he or she shall only enjoy the salary income during the normal working period: (1) He does not take the annual leave due to personal reasons; (2) The cumulative amount of personal leave has exceeded the number of days of annual leave that the person should take, but is less than 20 days.

Since you have taken three months of sick leave, you must not be able to enjoy the annual leave, because you have not worked for a certain number of hours, you cannot enjoy this benefit.

No, if you accumulate more than 2 months of sick leave, you are not entitled to the annual leave of the current year.

Can I still take annual leave after taking three months of sick leave? This must not be, because your nail is definitely not coming back, right?

If you take three months of sick leave, it is generally impossible to take annual leave.

According to the company's rules and regulations, you can consult the company's leadership.

Legal Analysis: There is no annual leave for sick leave of more than three months. Annual leave refers to the paid and continuous leave that an employee is entitled to every year after completing a certain number of years of service.

Annual leave includes basic annual leave and supplementary annual leave. The specific time is set by the state according to different types and the degree of heavy work. Employees who have any of the following circumstances are not 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 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 the 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.

Legal basis: Article 4 of the Regulations on Paid Annual Leave for Employees Employees shall not enjoy the annual leave of the current year if they have any of the following circumstances: (1) the employee enjoys 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.

Summary. Hello, I can't take the annual leave of the current year.

Hello, I can't take the annual leave of the current year.

Legal basis: Article 4 of the Regulations on Paid Annual Leave for Suspected Employees of Workers shall not be entitled to 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 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.