Is the annual leave calculated according to the social security period?

Legal analysis: paid annual leave is calculated according to accumulated working years.

According to the Regulations on Paid Annual Leave for Employees in the State Council and the Regulations on the Implementation of Paid Annual Leave for Employees in Enterprises in Ministry of Human Resources and Social Security, the paid annual leave for employees is not calculated according to the length of service or payment period of the enterprise, but according to the accumulated working years of employees in different work units in the previous year.

Legal basis: Regulations on Paid Annual Leave for Employees

Article 3 If an employee has worked for more than 1 year but less than1year, he/she shall have an annual leave of 5 days; Annual leave 10 days if it is over/kloc-0 years but less than 20 years; Annual leave 15 days for those who have completed 20 years.

National statutory holidays and rest days are not included in the annual leave.

Article 4 Employees shall not enjoy annual leave in the current year under any of the following circumstances:

(a) employees enjoy the winter and summer vacations according to law, and the number of vacation days is more than the number of annual vacation days;

(two) employees leave for more than 20 days and the unit fails to deduct wages according to regulations;

(3) Employees who have worked at least 1 year but less than 10 year have taken sick leave for more than 2 months;

(4) Employees who have worked for 10 years but less than 20 years have been sick for more than 3 months;

(five) employees who have worked for more than 20 years have taken sick leave for more than 4 months.

Fifth units according to the specific situation of production and work, and taking into account the wishes of employees, make overall arrangements for employees' annual leave.

Annual leave can be arranged centrally or in sections within 1 year, generally not across years. If it is really necessary for the unit to arrange annual leave for employees across years due to the characteristics of production work, it can be arranged across 1 year.

If the unit really cannot arrange annual leave for its employees due to work needs, it may not arrange annual leave for employees with the consent of the employees themselves. The number of days of annual leave that employees should take, the unit shall pay the annual leave salary according to 300% of the daily salary of employees.