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Questions and Answers on Annual Leave Regulations

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Since our country issued the "Regulations on Paid Annual Leave for Employees" in 2007, annual leave has become a right enjoyed by employees in accordance with the law. What are the relevant regulations for annual leave?

Q:
Can employees enjoy annual leave from the day they start working?
A: According to Article 2 of the Regulations on Annual Leave for Employees, employees of government agencies, organizations, enterprises, institutions, private non-enterprise units, and individual industrial and commercial households with employees who have worked continuously for more than one year are entitled to paid annual leave.

Q:
How to determine the number of annual leave days an employee can enjoy?
A:
Employees who have worked for more than 1 year but less than 10 years will receive 5 days of annual vacation; those who have worked for 10 years but less than 20 years will receive 10 days of annual vacation; and those who have worked for 20 years will receive 15 days of annual vacation.

Q:
How to convert new employees' annual leave?
A:
New employees who have worked continuously for more than one year at the time of entry, the number of annual vacation days in the current year shall be determined according to the number of calendar days remaining in the unit, and the part less than one full day after conversion will not be entitled to annual vacation.

Q:
How to convert the annual leave for resigned employees?
A:
When the employee terminates or terminates the labor contract with the unit, if the employee is not scheduled to take full annual leave in the current year, the employee shall be converted into the number of days of untaken annual leave and paid for the untaken annual leave according to the employee’s working time in the year, but after conversion. The portion of less than one full day will not be paid for untaken annual leave. If the employer has arranged annual leave for the employee in that year, the number of days more than the annual leave should not be deducted.

Q:
Under what circumstances, employees do not enjoy the annual leave of the year?
A:
Employees enjoy winter and summer vacations in accordance with the law, and their vacation days are more than the annual vacation days;
The employee takes personal leave for more than 20 days and the employer does not deduct wages in accordance with the regulations;
Employees who have worked for more than 1 year but less than 10 years, who have taken sick leave for more than 2 months;
Employees who have worked for more than 10 years but less than 20 years, who have taken sick leave for more than 3 months;
Employees who have worked for more than 20 years and have taken sick leave for more than 4 months.

Q:
What is the standard for converting untaken annual leave into salary?
A:
The salary for untaken annual leave shall be paid according to 300% of the employee's daily salary, which includes the salary income paid by the employer to the employee during the normal working period.

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