護理勞動權益：特別休假之排定權【醫事法學教室】 試閱
Nursing Labor Rights: Right to Schedule Paid Leaves
依勞動基準法第38條第2項本文規定，特別休假期日，由勞工排定之，然依此條項之但書規定，關於勞工所提出之特別休假期日，雇主若基於企業經營上之急迫需求，與勞工協商合致，可調整之，又或勞工提出並排定特別休假期日，惟因個人因素欲調整之，亦應與雇主協商合致，始得調整變更。雇主倘基於營運需要，於勞工未主動申請排定特別休假時，預先排定出勤班表時，要求勞工依班表排定其特別休假，則違反勞動基準法第38條第2項規定。
According to Paragraph 38 Section 2 of Labor Standards Act, the paid leave shall be scheduled by the workers. However, according to the proviso of this paragraph, the employer may adjust the paid leaves proposed by the workers with an agreement with them or an urgent needs of the enterprise’s operation. In addition, after scheduling the paid leaves, the workers could make an agreement with the employer to adjust the schedule of paid leaves due to personal factors. If the employer, based on operational needs, requests a worker to schedule his or her paid leave in accordance with the shift schedule when the worker has not taken the initiative to apply for the paid leave and the shift schedule has been scheduled in advance, the employer will be in violation of Paragraph 38 Section 2 of Labor Standards Act.
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