How to count vacation? How to correctly calculate the period of vacation

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

Vacation for most working people is the most enjoyable time of the year. How to conduct it, many begin to plan for another six months. But, despite the general pleasant feeling of anticipation, even such a pleasant phenomenon as a vacation period raises some questions. How to calculate its duration? What if the employer refuses to provide it? Can an employee refuse a leave granted by the manager? Who is guaranteed the right to rest? And in this regard, what can be said about foreigners or those persons who do not have citizenship at all? How to count holidays on vacation? What documents are drawn up at the enterprise before sending a specific employee to rest? How to count vacation in May, as in the month that is characterized by the largest number of unscheduled days off? What role does seniority play in determining vacation time? How to calculate vacation pay? How is a leave order made? When should the appropriate schedules be generated? Be careful: the answers to all the above and some other questions will be provided as detailed as possible in this article.

The right to leave

Anyemployees who legally work on the territory of the Russian Federation are en titled to annual rest (and we are talking about both citizens of the Russian Federation and foreigners). This applies to those who cooperate with organizations, institutions, enterprises, the form of ownership of which, however, does not play a role, as well as the industry and type of professional activity. This also applies to those who work under a contract for an individual.

What exactly ensures the right of employees to leave?

• Prohibition of the possibility of replacing the annual holiday with a certain compensation in cash. Exceptions are cases that are specified in the current legislation.
• Guaranteed to provide each employee with a period of rest, the duration of which is influenced by a number of factors. At the same time, his place of work and salary level will be preserved.

How to count unused vacation?

It happens that an employee does not use the provided rest. There can be many reasons for this. For example, how to count vacation upon dismissal? Many people are very concerned about this issue, as employers often strive to neglect the rights of an employee in this regard. It is important to know that, if the employee so desires, he may be granted leave that he did not have time to use. What date will be the day of dismissal? Last day of vacation. It is then that all the proper cash must be paid to the employee. Now you understand how to countdismissal leave. It's easy if you understand some of the nuances.

How to calculate compensation for unused vacation? It depends on the employee's rate, as well as the total amount of money that would have to be paid if the rest time was used in the previously provided way.

But what if the employee did not have time to take a vacation, and the term of the employment contract has already expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its effect is artificially extended for the duration of the vacation.

If an employer refuses to provide its employees with the rest provided for by law, then this is a direct violation of the rights of company employees guaranteed by the state. Some responsibility is assumed for this.

There is no statute of limitations that invalidates unused vacations. If an employee has not been able to use his right to leave for several years, then, if desired, he can do this once for all unused time. And in the case when such an employee decided to quit, the company's management must pay appropriate compensation.

Determining the duration of vacations

How to count vacation, i.e. determine its duration? First, it is calculated in calendar days. At the same time, the work schedule of the organization itself is not taken into account.

And if the vacation falls on a holiday, howcount? Such non-working days are not taken into account in the total duration of vacation - both annual and additional. However, this does not apply to weekends. So, for example, many people have a question about how to count vacation days in May. After all, this month is notable for the instability of the work schedule. So, if your vacation starts, for example, on April 30 and lasts 24 days, then you need to add as many days to the vacation duration in calendar days as the number of holidays your company has allocated to its employees as days off. Thus, you will need to go to work on May 24, and on May 27. The calculations are extremely simple. Now you understand well how to count vacation in May.

Remember that this calculation mechanism is universal. You can use it in any month as long as your vacation falls on a public holiday. How to count, we figured out above. If in doubt, you can check with your Human Resources department.

Types of holidays

To figure out how to count a vacation, it is important to understand what kind of holiday you are dealing with. For example, there are several types of annual leave. Among them are the following:

• basic annual leave;
• additional vacation days for the specific nature of work;
• additional rest for work in harmful and difficult conditions;
• other types of leave that were previously provided for by current regulations.

Annual basic leave

Eligible for this type of leaveabsolutely any employee who is listed in the enterprise. How to count this type of vacation? According to the law, it cannot be less than twenty-four calendar days. However, for some groups of employees, the annual rest period is much longer.

Procedure for granting vacations

This item is also important in order to figure out how to count vacation days.

It must be taken into account that additional leave can be granted both together with the main one and separately from it within one working year. However, their total duration cannot exceed 59 calendar days.

In order to get the right to leave at a new job, you need to work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. To which groups of workers is this relevant?

• Disabled people.
• Minors.
• Those who work part-time.
• Women before or after maternity leave.
• Students for the duration of the session.
• Women who have at least two children under the age of fifteen or a disabled toddler.
• Employees who were issued a voucher for treatment at a sanatorium.
• Men whose wives are currently on maternity leave.
• To parents who are educators in family-type orphanages.

Vacation schedules

As a rule, it is the management of the enterprise that participates inarranging the order in which employees go on vacation. The process takes into account the personal requests of employees, production needs and existing opportunities for employees to relax. It is important to remember that the schedules must be drawn up no later than January 5 of the year in question. This document can be drawn up in any form, since there is no single standard established by law.

The schedule will need to fix the specific scope of the vacation (certain dates, start month and end month).

If both parties to the contract are satisfied with this situation, then the vacation can be planned in parts.

The specific period for granting annual leave within the limits established by the schedule is agreed between the employee and the employer, who is obliged to notify the employee in writing of the start date of the vacation no later than two weeks before the deadline set by the schedule.

Only the employer can grant leave or not to do so. So, if the employee himself does not want to go on vacation, the boss can, without his desire, issue an order to grant leave. The employee will have to obey, because failure to comply with the instructions of the management entails disciplinary liability.

However, there are some categories of employees who are given the right to go on vacation at a convenient time for these employees. These include, in particular:

• minors;
• women before or after maternity leave;
• disabled;
• military wives;
• parents,who are educators in family-type orphanages;
• veterans of labor;
• war veterans;
• women who are mothers of two or more children under 15;
• employees who have special labor merits before the state;
• women raising a disabled child;
• employees who have special services to the state;
• a single parent;
• in all other cases provided for by current legislation.

Vacation order

All types of leave must be formalized through a special order, which is drawn up in a special form established by law.

This document is provided to superiors in two separate copies. One of them is provided to the personnel department, and the other is given to the accounting department. It must be signed by both the immediate supervisor of a particular employee and the manager of the entire enterprise as a whole.

The order must indicate for which working year the vacation is taken and how long it is planned.

Calculation of seniority

The length of service an employee has also affects how vacation is counted. So, it is important that at least a year has passed since the moment the employment contract was concluded.

So, what is credited for seniority?

• Firstly, the time the employee performed his direct production duties (that is, actual labor). taken into account even inpart-time work.
• Secondly, the period when the employee did not actually work, but the position was retained for him in accordance with the basic requirements of the law.
• And how to count parental leave? Is it included in the experience? No. This period is an exception.
• The time when an employee was trained at a university in off-duty conditions.
• Some other situations that were provided for by law.
• Hours of work in hazardous or unhe althy conditions.
• Time off for work in special, difficult or dangerous conditions.
• Working hours of women in position who, for medical reasons, were transferred to easier work.

Holiday postponement

An employee's annual vacation can be postponed to another period, both at the request of this employee and in connection with production needs.

So, directly the employee may demand this in the following cases:

• if the employer notified the employee too late when he would be granted leave;
• if the manager did not pay the employee a monetary reward on time, which he should receive for the period of his vacation (at least three days before its start);
• if the employee became disabled;
• if it's time to leave due to pregnancy or childbirth;
• if the employee performs certain important public or state duties;
• if school leaveactivities and annual leave coincided.

Dividing vacation into parts

Such a procedure must be carried out subject to the desire of the employee. However, one of its whole parts must last at least two weeks (counting calendar days). It doesn't have to be the first one. However, the division of vacation into parts is only an opportunity, and not an obligation of the employer. Sometimes production circumstances do not allow it to be done in the way the employee wants. In this case, the employer may not agree to the conditions offered by the employee.

And how to count vacation days if an employee is called to work during this period? Such situations are not uncommon, we will talk about them later.

Review for work during vacation

What if management requires an employee to come to work during his vacation? How to count vacation in this case?

The legislation provides for such an opportunity, however, and establishes a number of conditions that must be met without fail. For example, the following:

• absolute consent of the employee called;
• part of the vacation that was not interrupted must be at least fourteen days;
• that part of the vacation time that was not used must be provided at any other time of the year or immediately after all the reasons for his presence at work during the vacation have been eliminated; this should be agreed with the employee andsuit him completely.

So, for what reasons can an employee be called to continue performing his duties at the enterprise during the holidays? Among them are the following:

• to prevent equipment downtime, accidents, property damage or loss of life;
• to prevent the onset of the consequences of a natural disaster, as well as to prevent or eliminate the consequences of any industrial accident.

Conclusion

This article was designed to help you figure out how to properly count your vacation. Now, it seems, it has become obvious that it is absolutely easy. The main thing is to remember exactly what nuances should be taken into account. Among them, for example, the following can be distinguished:

• total duration of the main annual leave (which is affected by the general length of service, special personal circumstances, length of service in a particular enterprise);
• the availability of holidays during the planned vacation (especially important for those who go on vacation in late December - early January, as well as in May);
• unused vacation from previous years (may be combined and used later at the same time or in parts).

Today we found out that the minimum legally guaranteed vacation duration should be at least twenty-four calendar days. At the same time, the duration of the rest increases if any national holidays fall on this period. Also, some groups of employees haveen titlement to additional vacation time. These include, for example, those who work in dangerous, harmful or extremely difficult conditions.

It is also important to remember that holidays can be divided into parts. Usually two. Most of them should not be less than fourteen calendar days. However, this situation becomes possible only if both parties (both the employee and the employer) come to an agreement and find a compromise, since in this case, one should take into account not only the wishes of the employee, but also production capabilities and needs (if there is no one to replace the employee and he must perform his direct job duties during the period he chose for his vacation, the employer has the right to reschedule it).

So, in this article we discussed all the questions that the vacation period caused: "how to count", "who is en titled to annual leave", "what to do if the employer refuses to give the employee time off".

Respect yourself and protect your rights. To do this, it is extremely important to know exactly what you are en titled to and what obligations the employer has towards you. This will help you avoid being mistreated as an employee. However, for your part, also comply with all relevant legal norms contained in regulatory legal acts.

And may your annual vacation bring you and your loved ones only the most positive emotions!