Paid personal leave: Circumstances & procedures

Paid personal leave is a legitimate right of workers. Cases of paid personal leave are specifically regulated in the Labor Code. Understanding these regulations helps employees proactively organize their time and ensure their rights. This article provides detailed information about cases of personal leave with pay and without pay and procedures for requesting leave.

Cases where employees are entitled to paid personal leave

According to Clause 1, Article 115 of the Labor Code 2019, employees are entitled to leave their personal jobs while still receiving full salary when:

• Marriage: 03 days off;
• Biological children, adopted children getting married: 01 day off;
• Biological father, biological mother, adoptive father, adoptive mother; biological father, biological mother, adoptive father, adoptive mother of the spouse; spouse; biological child or adopted child dies: 03 days off.

Wages during these days off are calculated according to the labor contract at the time of leave (Clause 2, Article 67 of the Decree 145/2020/ND-CP).

In case the employee takes leave without pay

Clause 2, Article 115 of the Labor Code 2019 stipulates cases of 01 day of unpaid leave:

• Grandparents, siblings, and siblings died.
• Parents get married.
• Siblings get married.

In addition, employees can agree with the employer to take unpaid leave (Clause 3, Article 115 of the Labor Code 2019).

>>> See more: Order and Procedures for Applying for Sickness Benefits 2024

Procedures for requesting personal leave for employees

Each company’s resignation process is different. However, usually this process is performed as follows:

Step 1: Prepare your personal resignation letter

Employees write their own resignation letter according to the human resources department’s form or download the form online.

Step 2: Submit your personal leave request to your superiors for approval

Employees need to submit an application to the appropriate management department before taking leave. The notice period for personal leave may vary but must be at least 1 day before leaving.

Step 3: Send your personal leave application to the human resources department

After the personal leave application is approved, the employee needs to forward this application to the human resources department to update and calculate leave time.

>>> Download: Latest personal leave application form.

Personal leave consulting service for employees at Long Phan Consulting Company

Long Phan Consulting Company provides professional consulting services on issues related to personal leave for employees. Our Services include:

• Consultation on cases of paid personal leave;
• Consulting on cases of unpaid leave;
• Instructions on writing a personal resignation letter;
• Provide a separate resignation application form;
• Instructions on the process of requesting personal leave;
• Consulting on salary benefits when taking paid personal leave;
• Consulting on resolving conflicts about personal leave;
• Consulting and answering other related issues.

Frequently asked questions about paid personal leave

Below are frequently asked questions about paid personal leave that customers can refer to:

If I get married far away, will I get additional paid days off?

Current regulations only specify the maximum number of paid leave days, not mentioning additional days off due to geographical distance. However, the employee can negotiate further with the employer.

If I take time off from personal work on a weekend, will that day off be counted toward my paid leave days?

Yes, weekends are still counted as paid days off if they fall into the prescribed circumstances.

Can I use annual leave as a substitute for personal leave?

Employees can agree with the employer to use annual leave instead of unpaid personal leave.

If I quit my personal job without notice, will I be disciplined?

Depending on the company’s labor regulations and the severity of the incident.

Can I take time off from work to do personal work such as regular health check-ups?

In this case, you need to apply for annual leave or agree with your employer to take unpaid leave.

Does the company have the right to refuse to allow employees to take legal personal leave?

If the employee takes leave in accordance with the cases prescribed by the labor code, the company does not have the right to refuse.

Conclude

Understanding the regulations on paid and unpaid personal leave is necessary to ensure employees’ rights. If you have any questions, please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for the best advice and support.