Do You Have Maternity Leave And Can You Take Your Annual Leave?

According to China Mobile Network (Su Houning), Ms. Liu is a staff member of a company in Beijing.

In 2013, Mrs Liu spent 98 days in maternity leave due to pregnancy.

After the maternity leave, Ms. Liu returned to the company to work.

In October of the same year, Ms. Liu applied for an annual leave. The company thought she had taken 98 days' maternity leave in 2013 and had 1 hours of breastfeeding every day during her postnatal work. She could no longer enjoy paid annual leave.

Ms. Liu agreed to take an annual leave, but asked to pay 3 times the annual salary of 10 days. Liu's request was rejected by the company.

Can Ms Liu enjoy her paid annual leave after her maternity leave?

Maternity leave is a statutory leave for women workers before and after childbirth. The labor law and the special provisions on the protection of women workers' labor and other laws and regulations have clearly stipulated this.

Annual leave with pay is the right of statutory leave when workers work for a certain period of time.

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"The sixth rule states:" the holiday provided by the workers in accordance with the law, such as family leave, marriage and funeral leave, maternity leave, etc., and the annual leave of absence during the period of suspension of work due to industrial injury. "

Thus, there is no existence between maternity leave and paid annual leave.

Female workers can enjoy maternity leave and paid annual leave at the same time.

In the case, the company refused to take her paid annual leave in a year because of Liu's maternity leave.

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The fifth paragraph and third paragraph of the regulations on paid annual leave for employees stipulates: "units can not arrange employees to take their annual leave due to their work needs, and with the consent of their employees, they can not arrange annual leave for employees.

In respect of the number of days off which workers should rest, the unit shall pay the annual leave pay in accordance with 300% of the wage income of the worker.

That is to say, employers agree not to arrange annual leave for employees through the consent of the workers themselves, and if the wages of the annual leave have not been paid normally, the employer will only pay 200% of the daily wage income of the workers.

If the employer refuses to pay, the worker may complain to the personnel department of the district or county where the employer is located, and the people's and social department shall order him to make corrections within a specified time. If the overdue correction is not made, the social and social department shall, in addition to ordering him to pay the annual salary of the annual leave, shall pay the employee the compensation according to the amount of the annual salary of the off day holiday, and if he refuses to implement the administrative treatment decision of the Department, the people's and social department may apply for enforcement by the court.