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年休假官方最新回应 | Annual Leave Policy Interpretation

  • Update time : 2026-01-23 09:38:31
  • Author : MYDUS
  • Views : 0

又到年初,你的年休假用完了吗? 

随着假期余额告急,关于“新入职能否休假”、“未休年假如何补偿”等问题再次成为热议焦点。

针对大家的普遍关注,人力资源和社会保障部近日通过官方微信公众号发布了权威解答如下:

As the new year begins, Have you used up all your annual leave?

Recently, issues such as "whether new employees can take annual leave" and "how to compensate for unused annual leave" have once again become hot topics of discussion.

In response to widespread concerns, the Ministry of Human Resources and Social Security has recently released authoritative answers via its official WeChat Official Account as follows:



Q

入职新单位当年,能休年休假吗?

Can employees take annual leave in the year they join a new company?

A  

职工连续工作1年以上的享受带薪年休假。

Employees with over one year of consecutive service are eligible for paid annual leave.

Q

年休假天数如何确定?

How is the number of annual leave days determined?

A  

职工可享受的带薪年休假天数与累计工作时间直接相关。

The number of paid annual leave days an employee is entitled to is directly linked to their cumulative working time.

根据《职工带薪年休假条例》《企业职工带薪年休假实施办法》、人力资源社会保障部办公厅《关于<企业职工带薪年休假实施办法>有关问题的复函》等有关规定:

In accordance with the provisions of the Regulations on Paid Annual Leave for Employees, the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, and the Reply of the General Office of the Ministry of Human Resources and Social Security on Issues Concerning the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, as well as other relevant provisions:


职工在同一或者不同用人单位从事全日制工作期间,以及依照法律、行政法规或者国务院规定视同工作期间,应当计为累计工作时间。

The cumulative working period shall include the full-time employment period with the same or different employers, as well as the period deemed as working time in accordance with laws, administrative regulations or the provisions of the State Council.


职工累计工作已满1年

不满10年的,年休假5天

Employees with 1 to less than 10 years of cumulative service:

5 days annual leave

已满10年不满20年的

年休假10天

Employees with 10 to less than 20 years of cumulative service:

10 days annual leave


已满20年的

年休假15天

Employees with 20+ years of cumulative service:

15 days of annual leave


国家法定休假日、休息日不计入年休假的假期。

Official national holidays and rest days shall not be included in annual leave.


Q

入职新单位,年休假如何享受?

How to enjoy annual leave when joining a new company?

A  

根据《企业职工带薪年休假实施办法》第五条规定,职工新进用人单位且符合本办法第三条规定的,当年度年休假天数,按照在本单位剩余日历天数折算确定,折算后不足1整天的部分不享受年休假

According toArticle 5 of the Measures for the Implementation of Paid Annual Leave for Enterprise Employees, employees newly recruited by an employer who meet the requirements of Article 3 hereof shall have their annual leave days of the current year calculated on a pro-rata basis according to the remaining calendar days with the employer. Any fraction of a day resulting from such calculation shall not be counted as annual leave.

折算方法为:

(当年度在本单位剩余日历天数÷365天)×职工本人全年应当享受的年休假天数。

Calculation formula:

(Remaining calendar days with the employer in the current year ÷ 365) × Annual leave days entitled to the employee


Q

职工休年休假期间,工资如何发放?

How is salary paid during an employee’s annual leave?

A  

单位应当保证职工在年休假期间享受与正常工作期间相同的工资收入。

Employers shall ensure that employees receive the same wage income during annual leave as they do in normal working periods.