What holidays must be approved or not by employees when they leave their jobs? People are not machines, and there are always more urgent things than work during work, so for example, asking for sick leave must be approved by the company. There are many different situations, different degrees of leave, and then analyze which leave must be approved and which leave cannot be approved.
What leave must the company give its employees or not? 1 What leave must be given?
First, sick leave must be given.
Sick leave refers to the sick leave that the employer should give to employees when they need to stop working for medical treatment due to illness or non-work-related injuries. Article 3 of the Provisions on Medical Treatment Period for Enterprise Employees Suffering from Illness or Non-work-related Injury stipulates: "If an enterprise employee suffers from illness or non-work-related injury and needs to stop working for medical treatment, a medical treatment period of 3 months to 24 months shall be given according to his actual working years and working years in this unit: (1) If the actual working years are less than 10, and if he has worked in this unit for less than 5 years, it shall be 3 months; More than five years is six months. (2) If the actual working experience is more than 10 years, and the working experience in this unit is less than 5 years, it is 6 months; More than 5 years/kloc-0 and less than 9 months; More than 10 years and less than 15 years is 12 months; 15 years and less than 20 years is 18 months; More than 20 years and 24 months. " Employees need to take sick leave because they are not feeling well. Therefore, as long as the employee provides the certificate issued by the hospital and performs the leave formalities, the employer must approve it.
Two, paid annual leave, should be given
Articles 3 and 5 of the Regulations on Paid Annual Leave for Employees respectively stipulate: "Employees who have worked for more than 1 year but less than 10 year shall have an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave after 20 years 15 days. "
According to the specific situation of production work and considering the wishes of employees, the unit makes overall arrangements for employees' annual leave. Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production work, it can be arranged across 1 year. If the unit really cannot arrange annual leave for its employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay annual leave salary according to 300% of the daily salary of employees. The above provisions show that paid annual leave is a legal reason for leave, and the employer should make overall arrangements. In case it can't be arranged, even if the employee agrees to take paid annual leave endlessly, the unit will compensate.
3. Marriage leave can be negotiated.
Marriage leave refers to the holiday that employees themselves enjoy according to law because of marriage. During this period, the employer shall pay all the wages to the workers. The marriage law stipulates that the legal age for marriage is 22 for men, 20 for women, 25 for men or 23 for women, which belongs to late marriage. According to the Regulations of Beijing Municipality on Population and Family Planning, seven days' late marriage leave is cancelled, but couples who get married according to law can enjoy seven days' marriage leave in addition to the three days' marriage leave stipulated by the state. In other words, Beijing employees can still enjoy 10 days of marriage leave. On the premise that the employer can't refuse the employee to take the marriage leave, it can negotiate with the employee on the specific leave period in combination with the actual work.
Fourth, maternity leave must be approved.
Article 7 of the Special Provisions on Labor Protection for Female Employees stipulates: "Female employees enjoy 98 days of maternity leave, including 15 days before delivery; In case of dystocia, maternity leave shall be increased 15 days; For multiple births, the maternity leave will be increased by 1 5 days for each additional child. Female employees who miscarry less than 4 months after pregnancy are entitled to 15 days maternity leave; If you miscarry after 4 months of pregnancy, you will enjoy 42 days of maternity leave. " According to the Regulations of Beijing Municipality on Population and Family Planning, after giving birth, female workers can enjoy 30 days of maternity leave in addition to the 98 days stipulated by the state, and the holiday can be increased by 1-3 months with the consent of the unit where they work. In other words, female employees can enjoy maternity leave of at least 128 days and at most 7 months. Since maternity leave is a statutory holiday, employers must unconditionally allow female workers to take maternity leave.
Five, funeral leave as appropriate.
Although the labor law stipulates that employees enjoy funeral leave, there is no specific number of days and operating standards. At present, the common practice is to refer to the Notice on the Issues of Asking for Wedding, Funeral Leave and Travel Leave for Employees of State-owned Enterprises. According to the Notice, employees' immediate family members (parents, spouses and children) may be granted 1 to 3 days' leave as appropriate. When the immediate family members of foreign employees die, if they need to go to other places to take care of the funeral, they can ask for leave according to the distance. During the approved marriage and funeral leave and travel leave, the employee's salary will be paid as usual. Travel expenses on the way, etc. , are borne by the employees themselves.
Six, family leave, as appropriate.
The Regulations of the State Council on the Treatment of Employees' Visiting Families stipulates that employees who have worked in state organs, people's organizations, enterprises owned by the whole people (state-owned enterprises) and institutions for one year, live separately from their spouses and parents, and cannot be reunited on public holidays can enjoy family leave. With regard to the duration of family leave, the regulations clearly stipulate that if one party visits his spouse, he will be granted family leave for 30 days once a year; Unmarried employees visit their parents once a year, or once every two years, with 20 days off and 45 days off; For married employees to visit their parents, there is a 20-day family leave every four years. In addition, the unit can give business leave according to actual needs. During the holidays of visiting relatives and traveling, the unit will pay the salary according to my standard salary. Moreover, the round-trip travel expenses for employees to visit their spouses and unmarried employees to visit their parents shall be borne by the unit. Married employees who visit their parents' round-trip travel expenses are less than 30% of their monthly standard salary, take care of themselves, and the excess shall be borne by their units.
What leave must be approved or not? 2. You can refuse.
In addition to all kinds of 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 examination and approval lies with the employer.
The employer can decide whether to approve the employee's personal leave according to the specific circumstances.
However, as an employer, employees who take personal leave for some reason can be approved without affecting their work.
Of course, this requires the employer to improve its own rules and regulations, clarify the process and approval authority of employees' personal leave, not only according to the rules and regulations, but also considering the actual situation of employees.