May I ask if, according to the law, employees can accumulate annual leave to take a one-time leave? - Reader Ha Linh
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Can annual leave be accumulated to take one leave?
Specifically, Article 113 of the 2019 Labor Code stipulates annual leave for employees as follows:
- Employees who have worked for 12 months for an employer are entitled to annual leave with full pay according to the labor contract as follows:
+ 12 working days for employees working under normal conditions;
+ 14 working days for underage workers, disabled workers, workers in arduous, toxic, or dangerous jobs;
+ 16 working days for people doing especially arduous, toxic, or dangerous jobs.
- Employees who have worked less than 12 months for an employer shall receive the number of annual leave days in proportion to the number of months worked.
- In case of resignation or job loss without taking annual leave or not taking all annual leave days, the employer shall pay salary for the days not taken.
- The employer is responsible for regulating the annual leave schedule after consulting with the employee and must notify the employee in advance. The employee can negotiate with the employer to take annual leave in multiple times or combine leave for a maximum of 3 years at a time.
- When taking annual leave before the salary payment date, employees are entitled to an advance salary according to the provisions of Clause 3, Article 101 of the 2019 Labor Code.
- When taking annual leave, if the employee travels by road, rail or waterway and the number of days for round trip travel is more than 02 days, from the 03rd day onwards, the travel time will be calculated in addition to the annual leave and will only be counted for 01 leave per year.
Thus , employees can negotiate with employers about accumulating annual leave to take leave at one time, but not more than once every 3 years.
Time is considered working time to calculate the number of annual leave days of employees.
Pursuant to Article 65 of Decree 145/2020/ND-CP, the time considered as working time to calculate the number of annual leave days of employees is as follows:
- Apprenticeship and internship period as prescribed in Article 61 of the 2019 Labor Code if after the end of the apprenticeship and internship period the employee works for the employer.
- Probationary period if the employee continues to work for the employer after the probationary period ends.
- Paid personal leave according to Clause 1, Article 115 of the 2019 Labor Code.
- Unpaid leave if agreed by the employer but not exceeding 01 month in a year.
- Time off due to work accidents or occupational diseases, but not exceeding 6 months in total.
- Time off due to illness but not more than 02 months cumulative in one year.
- Maternity leave according to the provisions of the law on social insurance.
- The time spent performing the tasks of the employee representative organization at the facility is considered working time according to the provisions of law.
- Time off work, leave of absence not due to the employee's fault.
- Time off due to temporary suspension from work but later concluded that there was no violation or no labor discipline.
How to calculate annual leave in some special cases
According to Article 66 of Decree 145/2020/ND-CP, the calculation of annual leave days in some special cases is regulated as follows:
- The number of annual leave days of employees who have worked for less than 12 months as prescribed in Clause 2, Article 113 of the 2019 Labor Code is calculated as follows: take the number of annual leave days plus the number of additional leave days according to seniority (if any), divide by 12 months, multiply by the actual number of working months in the year to calculate the number of annual leave days.
- In case an employee has not worked for a full month, if the total number of working days and paid leave days of the employee (holidays, New Year, annual leave, paid personal leave according to Articles 112, 113, 114 and 115 of the 2019 Labor Code) accounts for 50% of the number of normal working days in the month as agreed, then that month is considered 01 working month to calculate annual leave days.
- The entire time an employee works at agencies, organizations, units in the state sector and state-owned enterprises is counted as working time to calculate additional annual leave according to the provisions of Article 114 of the 2019 Labor Code if the employee continues to work at agencies, organizations, units in the state sector and state-owned enterprises.
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