If an old man dies, his family will definitely go back to the funeral. Recently, a woman who asked for funeral leave due to the death of her great grandfather was resented by the boss. What's the specific situation? What relatives do funeral leave usually refer to?
Grandfather died, and the woman asked for leave to go to mourning and was blamed by the boss
In Tianjin, Ms. Wang's great grandfather died, and she asked the company for funeral leave. The company leader disagreed, saying that her great grandfather was not a direct family member and could not ask for funeral leave. Ms. Wang had to ask for an annual leave instead. The company leader said it was OK, and Ms. Wang asked for two days of annual leave. Unexpectedly, two days later, Ms. Wang wanted to take another day of annual leave, but the company leader asked: "What does your relatives' problems have to do with you?"
In addition, Ms. Wang was also asked: "What contribution does your company have?" She was educated: "Do you work or go to school?" Ms. Wang said that she could not take annual leave herself? The leader of the company said that it needs to be said in advance, otherwise, "Who will do your work?" Wang's morale retorted, "My grandpa has to see when I will finish my work before I die?"
The chat record shows that during the 13 months when Ms. Wang worked in this company, she had never asked for leave before, except when she was sunny. When the company recruited her on the spot, it promised her a salary of 4500 yuan per month, but it has been paid 2300 yuan since then. The leaders of the company repeatedly rejected the women's request for leave on the ground that "there is a system for asking for leave" and the women's request for leave does not conform to the company's system.
In the end, the woman saw that the leader could not communicate and resigned angrily.
After reading this chat record, the woman works in this unit as a human resource person. Normally, it is not the role that the company cannot operate if she does not go. The leader's attitude of not approving even one more day's leave is really incomprehensible. No wonder many netizens saw this and asked the leader, "Did it come out of the cracks in the stone?"
1、 Why can't women take funeral leave?
Many people feel the same way about this and question the current system of bereavement leave. For example, only immediate family members can, and the time is too short.
In fact, the current funeral leave system was stipulated in 1980 and was jointly issued by the State Labor Administration and the Ministry of Finance at that time.
According to this notice, when the employee's immediate family member dies, the unit leader can give one to three days of funeral leave as appropriate according to the specific situation. If the immediate family member dies in a foreign place and needs to go to another place to take care of the funeral in person, he can be given an additional journey leave according to the distance.
The immediate family here, according to the provisions of the Civil Code, is that parents, children, spouses, grandparents, maternal grandparents, etc. are collateral relatives, not within the scope of the immediate family.
In this case, the death of the woman's great grandfather does not fall within the scope of direct relatives in principle, and it is not wrong for the company not to allow the woman to take funeral leave.
2、 Can women take annual leave?
However, it does not mean that women cannot take personal leave or annual leave.
The so-called annual leave refers to the statutory system of paid annual leave for employees of organs, organizations, enterprises, institutions, private non enterprise units, self-employed industrial and commercial households with employees and other units who have worked continuously for more than one year. This leave doesn't need any reason.
According to Article 3 of the Regulations on Paid Annual Leave of Employees: "If an employee has worked for more than one year but less than 10 years in total, she will take 5 days of annual leave; if she has worked for less than 10 years but less than 20 years, she will take 10 days of annual leave; if she has worked for 20 years, she will take 15 days of annual leave." In this case, a woman who has worked for more than one year will be entitled to five days of statutory leave. Of course, she can ask for three days.
However, although annual leave does not need any reason, considering the continuity of the company's work, it is reasonable to apply for a certain time in advance through the system.
However, Article 8 of the Civil Code also stipulates that "civil subjects engaged in civil activities shall not violate the law, nor violate public order and good customs." If there are special circumstances, the company cannot simply refuse employees' request for leave on the ground of not asking for leave in advance.
Previously, there was a man in Beijing who asked the company for leave to accompany him because his father was seriously ill. The company did not approve the request. The company dismissed the man on the grounds that he was absent from work without approval. After that, the court found that the company's failure to approve the leave was contrary to public order and good customs, and the man's behavior was not absenteeism. The company dismissed him illegally, and the company was sentenced to pay compensation of more than 110000 yuan for illegal termination of the labor contract.
Therefore, in this case, even if the company leader does not approve the leave and the woman takes a forced leave, the company should not treat her as absenteeism.
Of course, women have resigned now, and there is no problem of absenteeism.
However, even if a woman resigns, if the company has promised her a monthly salary of 4500 yuan, but only 2300 yuan is actually paid to her, the woman can still apply for labor arbitration and ask the company to pay the difference.
What relatives do funeral leave refer to
The relatives included in the statutory funeral leave are the direct relatives of employees, such as parents, spouses and children. The employing unit may, according to the specific circumstances and with the approval of the administrative leader of the unit, give one to three days of funeral leave as appropriate. During the approved period of funeral leave and road leave, the wages of employees will be paid as usual.
How many days can I take for funeral leave
1. If the employee's spouse, parents or adoptive parents, children, and immediate siblings die, the city can ask for 3 days of funeral leave; You can ask for 5 days of funeral leave outside the province; Other provinces can ask for 7 days of funeral leave;
2. In case of the death of grandparents, maternal grandparents, parents in law and in laws, you can ask for 2 days of funeral leave in the city; You can ask for 4 days of funeral leave outside the province; Other provinces can ask for 6 days of funeral leave;
3. The state calculates funeral leave, but for state-owned enterprises, the leave is 1-3 days.
Will the funeral leave be deducted
No, funeral leave is generally not deductible. During the period when a worker is entitled to funeral leave according to law, the employer shall pay the worker's salary according to the standard specified in the labor contract. If the employing unit defaults on the wages of labourers, the labour administrative department shall order it to pay within a time limit; If it fails to pay within the time limit, the Employer shall be ordered to pay additional compensation to the worker at a rate of not less than 50% but not more than 100% of the amount payable.
