As an employee, you may tend to combine short public holidays and weekends with personal or annual leave to plan an extended vacation. Although this has become a common practice in many workplaces, you may still have questions about taking personal leave.

The Ministry of Human Resources and Social Security has addressed frequently asked questions on the topic, including:

- Can an employer refuse a request for personal leave?

- Is personal leave paid?

- Will taking more than 20 days of personal leave affect annual leave entitlement?

- Is it legal to deduct three days' pay for one day of leave?

- Is an oral leave request valid?

- How should employers handle leave for specific reasons such as marriage, childbirth, caregiving, and bereavement?

I. Can an employer refuse a request for personal leave?

Yes. Except for statutory public holidays and special circumstances in which leave is mandatory, employers have the discretion to approve or deny personal leave requests.

Employers should establish clear internal policies regarding leave application procedures and approval authority.

 

II. Is personal leave paid?

No. Personal leave is not paid. Under China's labor law, employers are not required to pay salaries during personal leave periods.

What if an employee requests annual leave instead of personal leave? Must it be granted?

While annual leave is a statutory right, scheduling is typically subject to the employer's arrangements based on operational needs and the employee's role. A well-structured annual leave approval process should include:

1. Eligibility criteria: Define employees' entitlement to annual leave in accordance with applicable laws and regulations, while also considering internal factors, such as operational requirements and potential impact on business activities.

2. Application requirements: Employers may require employees to submit written leave applications using a standardized form that includes the employee's position, the application date, the requested leave period, and the necessary approvals. This helps ensure consistent administration and record-keeping.

3. Approval procedures and authority:

Centralized approval model: Leave applications are initially reviewed by the department head before being submitted to the Human Resources department for final approval.

Departmental approval and filing model: Leave applications from regular employees are approved by their department heads, whereas applications from department heads require approval by company management. Once approved, the applications are compiled by each department and filed with the Human Resources department for record-keeping.

III. Will taking more than 20 days of personal leave affect annual leave entitlement?

Yes. Under applicable regulations, employees who take more than 20 days of personal leave within a year without pay deduction are not eligible for annual leave that year. If annual leave has already been taken, the employee shall forfeit that leave in the following year.

To avoid disputes, employers should maintain written records of personal leave and obtain employees' acknowledgement.

Other circumstances that disqualify an employee from annual leave include:

- Taking a winter or summer break longer than the annual leave entitlement;

- For employees with fewer than 10 years of service: Taking two or more months of sick leave;

- For employees with 10 to 20 years of service: Taking three or more months of sick leave; and

- For employees with more than 20 years of service: Taking four or more months of sick leave.

 

IV. Is it legal to deduct three days' pay for one day of leave?

No. For absences for personal reasons, employers may deduct pay solely for the actual days not worked. The deduction amount should be calculated based on the statutory monthly average of 21.75 paid working days.

For additional compensation, such as attendance or year-end bonuses, deductions may be determined according to the employer's internal policies and the number of days absent.

 

V. Is an oral leave request valid?

Yes, but it is discouraged. Employers are advised to establish clear policies that require written leave applications. If an emergency necessitates an oral request, the employee should promptly submit a written application afterward. Retaining such records is essential to avoid disputes.

VI. How should employers handle leave for specific reasons such as marriage, childbirth, caregiving, and bereavement?

Marriage leave, maternity leave, paternity leave, and bereavement leave are statutory rights that must be granted. However, employers may discuss and agree on the timing of these leaves with employees. Employers are advised to establish clear policies governing the application and approval of these leaves to avoid potential disputes.

 

Disclaimer: This article is for general reference purposes only and does not constitute legal advice. For specific cases, please consult the appropriate authorities or a qualified legal professional.

 

Updated Oct 30

 

Source: Official WeChat account of the Ministry of Human Resources and Social Security (ID: "rsbwwx")