Formula for calculating vacation days. Duration of annual basic paid leave

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Vacations are the time employees look forward to. However, you should be prepared to defend your interests. You can find out how vacation days are calculated in order to get exactly the amount of rest that an employee is en titled to under the laws of the country. The Labor Code regulated the lower limit of the days an employee could count on. However, no one limits the employer if he wants to improve the performance of staff by providing additional days for rest.

Legislation. Vacation and its duration

Of course, Russian law could not but regulate the number of days that should be provided to the employee. Thus, Article 115 of the Labor Code of the Russian Federation directly regulates this provision.

It says that the employee has the right to the next vacation, which is granted annually, and the number of days in it can be twenty-eight calendar days.

There are separate lines stating that more days of rest can be provided, but only for professions that are included in a certain list.

It is also worth highlighting article 37, which stipulates the right of every employee to receivelegal rest. Article 114 can be safely attributed to the same group, which states that the employee has the right to maintain average earnings for the period of his annual rest.

However, it is worth considering that the employer can change the number of days of annual leave, but only upwards. At the same time, this situation must be agreed upon by the management and must be indicated in the internal documents of the organization. Businesses often use the standard annual basic paid leave of twenty-eight days.

Who is en titled to a longer vacation?

The duration of vacation days is regulated, as mentioned above, by Article 115 of the Labor Code of the Russian Federation, however, it is worth noting that more days of annual leave can also be provided for by law.

For example, employees who have not reached the age of majority are en titled to a longer vacation, namely thirty-one calendar days. The calculation of vacation days for employees of children's educational institutions is also different, the total number of vacation days is forty-eight. Also civil servants can be attributed to this group of employees who were lucky enough to get a longer rest period. True, their vacation is only two days longer, that is, it is thirty calendar days.

Types of holidays

It is also worth noting that there are several types of vacations. The main one is paid annual leave. It is providedemployees of all industries. That is, in any case, the employee will receive his legal twenty-eight days of vacation.

But it is also worth noting a special group, the so-called additional holidays. They rely on those who work on an irregular schedule or are associated, for example, with hazardous production. Vacation days may vary. But in general, workers in hazardous production receive two additional weeks of rest, that is, fourteen paid calendar days.

Study holidays can be distinguished apart. However, they are issued only if two conditions are met:

• This education, both higher and secondary, should be obtained by an employee for the first time. Retraining does not involve the provision of paid leave. However, an employee can take days at his own expense;
• Availability of help call from the place of training. It must contain information about the educational institution, the date of the beginning and end of the session, have information about which course the student is studying in, contain his data, and also have all signatures and seals.

First vacation. How much?

How to deal with the calculation of vacation days if the employee has not worked for a whole year yet? It is worth noting that the employee has the right to go on vacation after having worked at the enterprise for at least six months. This does not include movements within the organization.

That is, if an employee got a job in one department, and then moved to another, he is en titled to leave for the entire periodwork not at a specific workplace, but at an enterprise. Therefore, a situation may arise when an employee just joined the team and immediately went on vacation.

If an employee has worked for six months, that is, exactly half of the entire year, then the personnel department can proceed to calculate the number of vacation days. Annual leave in the general case will be two weeks, that is, fourteen days. The calculation of additional leave is carried out according to a special formula. An employee can turn to special resources for help, for example, there are vacation days calculators.

Calculation of additional leave. Nuances

If an employee has fully worked for six months and wants to go on vacation, the employer has the right to provide him with it. In this case, there are no problems with the main annual leave. It will be exactly half of the due vacation, namely 14 days.

What to do with the extra vacation? In fact, if an employee works in harmful conditions, in increased danger, then he can receive an additional fourteen days of vacation. That is, logically, in six months he can get seven days of vacation. Is that right?

In the case of hazardous leave, it should be borne in mind that it is provided only for the time when the employee was involved in hazardous production. That is, if an employee was on sick leave for more than two weeks or worked in another position, then he may not receive his rest days.

Case Study

Employee Ivanov Sergey worked at the enterpriseeight months. Of these, he spent two as an intern, and the rest he worked in harmful working conditions. What can he expect from the employer if he wants to go on vacation? Vacation days can be calculated as follows:

• Since the employee has worked for six months, he can take 14 days of annual leave.
• Provided that the employee was in hazardous work for six months, he can also count on seven days of additional leave.

Total, Sergey Ivanov can count on 21 days of vacation.

Payment period: an important concept

It is noteworthy that many employees mistakenly think that vacation is given to them for a calendar year, that is, for the period from January to December. This is not true. A year is really taken into account, but only from the moment the employee is employed at a particular enterprise.

This means that if an employee got a job in April, then his billing period will now be constantly used from April to March of the next year. It is for this period that the number of vacation days is calculated.

Settlement period. Examples

If an employee got a job in April 2016, then he is en titled to full leave after eleven months. This means that already in February he can apply to the personnel department with an application for a vacation of 28 calendar days.

However, an employee can take a vacation and partially. That is, if Georgy Petrov came in April 2016 and leaves in April 2017, butdraws up only 14 days of vacation, then the rest of the days do not burn out. He can take them later, for example, in December.

At the same time, in December, the personnel department draws up a calculation note, which indicates that vacation is taken not for the period April 2017 - March 2018, but for the old one. And for a new one, vacation days continue to accumulate.

Calculation of vacation days. Formula

How to understand how many days an employee is en titled to leave, provided that he has not fully completed the billing year? You have to do some math. Of course, it is much easier to use the vacation days calculator, which is enough now on various resources. However, it is also easy to carry out the calculation yourself.

To do this, it is worth determining how much each month of work "weighs". To do this, it is necessary to determine how many days of labor leave are provided at the enterprise, and then divide it by 12, that is, by the number of months in a year. In general, when employees receive twenty-eight calendar days, one month weighs 2.33 days of vacation.

Now you can start counting, you need to multiply this number by the number of months that the employee has worked. Then the resulting number is rounded up if necessary.

Case Study

The formula for calculating vacation days is quite simple, but it is better to see its application on a practical example. So, if an employee has worked eight months of his billing period and wants to take all his days worked, then he will have to calculate how much he is en titled to.

In the enterpriseemployees are given four weeks of vacation, that is, 28 days. Then one month can be taken for 2, 33 vacation days. That is, then you can multiply 2.33 by eight, that is, by the number of months worked.

Thus, in this case, the employee must be granted annual leave of 18-19 days.

Calculation of additional vacation days. Features

And what if the employee also wants to get additional leave? Also count. In the general case, everything is taken into account in a similar way. So, if fourteen days are supposed for the whole year, then one month is equal to 1.16 days of vacation. This number is obtained by dividing the total number of vacation days by the number of months in a year.

However, it is worth checking carefully whether the employee has really worked all this period in full? For example, days spent on sick leave for more than two weeks, as well as administrative leave with the same duration, are excluded from the billing period.

So, if an employee who has worked for eight months should receive another 9 days of vacation for harmfulness. However, if from the hours worked he was on administrative leave for a month, and for another three weeks he was on sick leave, then he will be granted leave of such a plan only for the remaining six months, that is, in the amount of seven days.

Vacation pay calculation

Telling how to correctly calculate the number of vacation days, it is necessary to mention one more important point: payment for vacation days. Here for employees and accountantsalso worth being careful. As already mentioned, Article 114 of the Labor Code of the Russian Federation says that the employee receives vacation pay, which is calculated according to average earnings. What does this mean?

To calculate vacation pay, two indicators are needed, namely wages and the number of days worked.

Salary is a reward for work, for hours worked. However, this does not include bonuses that are of a one-time nature, material assistance, the amount of vacation pay for past vacations, as well as payment for sick days.

Days are also taken into account by a special coefficient. Each month that the employee has worked in full is counted as 29.3 days. This number is based on the average number of working days per year, excluding public holidays.

That is, if an employee has a salary of 30,000 rubles and at the same time worked for twelve months in full, then his calculation has an extremely simple form:

• 360,000 rubles - the amount of wages for the billing year;
• 351, 6 – number of days worked.

Total, one day of vacation is paid in the amount of 1023 rubles and 89 kopecks. Payment for annual leave, additional or student leave is made in the same way. It is also worth considering that vacation is provided in calendar days, that is, weekends that fall during the vacation period are also paid.

Calculation of annual leave days is the job of the HR or accounting department. However, the employee can independently check whether his rights are infringed. To do this, it is enough to apply a simple formula or use a calculator to calculate such an indicator. In any case, the vacation will not be overshadowed if the employee knows his rights.