If an employee takes time off from personal work, is that time considered working time to calculate the number of annual leave days?

How many days off with full pay do married employees get?

Personal leave time is specified in Clause 1, Article 115 of the 2019 Labor Code as follows:

Personal leave, unpaid leave

1. Employees are entitled to leave from personal work while still receiving full salary and must notify the employer in the following cases:

a) Marriage: 03 days off;

b) Biological children, adopted children getting married: 01 day off;

c) 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.

2. Employees are entitled to 1 day of unpaid leave and must notify the employer when their grandfather, grandmother, maternal grandfather, maternal grandmother, brother, sister, or younger sibling die; one parent is married; Brothers, sisters, and siblings get married.

3. In addition to the provisions in Clauses 1 and 2 of this Article, employees can agree with the employer to take unpaid leave.

According to the above regulations, in case an employee gets married, he/she is entitled to leave his/her personal job and still receive 03 days of full salary and must notify the employer.

In your case, you can only apply for paid leave for a maximum of 3 days.

If you want to take 5 days off, you can negotiate with the company to take 2 more days off without pay.

If an employee takes time off from personal work, is that time considered working time to calculate annual leave days?

The time considered working time to calculate the number of annual leave days of employees is specified in Clause 3, Article 65 of Decree 145/2020/ND-CP as follows:

Time is considered working time to calculate the employee’s annual leave days

1. Vocational training and apprenticeship period as prescribed in Article 61 of the Labor Code if after the end of the vocational training or apprenticeship period, the employee works for the employer.

2. Probation period if the employee continues to work for the employer after the probationary period expires.

3. Paid personal leave time according to Clause 1, Article 115 of the Labor Code.

4. Time off without pay if agreed by the employer but cumulatively must not exceed 01 month in a year.

5. Time off due to work accidents or occupational diseases but cumulatively must not exceed 6 months.

6. Time off due to illness but not cumulatively exceeding 02 months in a year.

7. Maternity leave period according to the provisions of law on social insurance.

8. The time spent performing tasks of the employee representative organization at the facility is counted as working time according to the provisions of law.

…

Thus, according to regulations, in case an employee takes leave from personal work but still receives full salary, that time is considered working time to calculate the number of annual leave days.

How is the number of annual leave days of employees working less than 12 months calculated?

The number of annual leave days of employees working less than 12 months is specified in Clause 1, Article 66 of Decree 145/2020/ND-CP as follows:

How to calculate annual leave days in a special case number

1. The number of annual leave days of an employee who has worked for less than 12 months as prescribed in Clause 2, Article 113 of the Labor Code is calculated as follows: take the number of annual leave days plus the increased number of days off based on seniority (if any), divide by 12 months, multiply by the number of actual working months in the year to calculate the number of annual leave days.

2. In case the employee works for less than a full month, if the total number of working days and paid leave days of the employee (holidays, New Year holidays, annual leave, paid personal leave according to Article 112, Article 113, Article 114 and Article 115 of the Labor Code) accounts for 50% of the normal working days in the month as agreed, then that month is counted as 01 working month to calculate annual leave.

3. The entire time the employee works at agencies, organizations, and units of the state sector and state-owned enterprises is counted as working time to calculate the additional annual leave as prescribed in Article 114 of the Labor Code if the employee continues to work at the agencies, organizations, and units of the state-owned sector and state-owned enterprises.

Thus, according to regulations, the number of annual leave days of an employee who has worked less than 12 months is equal to the number of annual leave days plus the additional number of days off based on seniority (if any), divided by 12 months, multiplied by the actual number of working months in the year. Specifically:

Number of days off = [Number of days off annually + number of days off increased based on seniority (if any)] / 12 months x number of actual working months in the year

Note: In case the employee works for less than a full month, if the total number of working days and paid leave days of the employee (holidays, New Year holidays, annual leave, paid personal leave) accounts for 50% of the normal working days in the month as agreed, then that month is counted as 01 working month to calculate annual leave.