An employee’s right to annual paid leave - what law regulates the use of leave?

Vacation is an opportunity to take a break from everyday work, recuperate, redo important things, or go on a tourist trip. The employer is obliged to pay for these days, based on the average salary of the employee.

According to the law, a person receives vacation pay (payment for days of rest) several days before the vacation. These funds can be spent on new experiences or a long-awaited purchase.

Everyone who is officially employed has the right to leave Some employers violate the law if the employee does not know the nuances of labor legislation or cannot monitor its compliance.

If you once again receive a refusal to your request to take a vacation? Does the employer agree on 3-5 days instead of the required 14 days or require you to go to work a few days earlier? This is a direct violation of labor law and the company must be held accountable.

*In some cases, it is not possible to come to an agreement with your superiors, then the right decision would be to seek advice from a lawyer, trade union and labor inspectorate. You can also ask your question on the website in the Need help section.

When can I take a vacation?

Is it true that you need to work for at least a year to take a vacation? Not at all. Annual leave is possible after 6 months from the date of employment. The employer has no right to refuse.

You can relax “in advance”, i.e. take more days than “accumulated” in six months of work, or take the entire vacation for the year at once. But next time you will have to wait until you have worked out the days you used. The law does not prohibit, but leaves the choice to the leader. Employers rarely agree: if you decide to quit without working for a year, it will be difficult to withhold previously paid vacation pay from you. By law, retention is carried out through the court. But there is a high risk that the employer will have to “gift” you days of already paid rest.

If after 6 months they refuse to provide you with even a few days of rest, you can refer to the Labor Code of the Russian Federation (Articles 122 and 124).

The articles regulate the list of employees who can request their first leave earlier - 3 months after employment or the start of a new vacation accrual period. This:

• Employees who were under 18 years of age at the time of their retirement.
• Women who are going on or returning from maternity leave and want to extend their rest time. This means several weeks before and after childbirth. The rule does not apply to parental leave until the age of one and a half or three years.
• Men - during the period of his wife’s childbirth and in the first weeks after it.
• Employees who have adopted a child under 3 months of age.
• Those who work an additional job may request a period of rest that coincides with the annual leave at their main job.

Employees are not required to obtain official permission from their employer. It is enough to write a statement in advance and not go to work from the specified date. If the manager does not approve the application, this period will not be considered absenteeism.

Additional leave for municipal and civil servants

Additional permission for state or municipal employees is provided on the basis of Law No. 25-FZ and No. 79-FZ, respectively for municipal and state employees.

Today, civil servants are granted annual leave of the same duration, which does not depend on the position they hold. If previously vacation was provided in 35 and 30 days, for senior positions and other employees, respectively.

Today, the law has been amended and vacation has been reduced for everyone to 30 calendar days; the employee’s position will not be taken into account. In addition to 30 days of annual leave, employees have the right to count on additional leave, which is granted depending on their length of service.

Previously, the duration of such leave was determined as follows: 1 day of leave for 1 year of service. Today, leave is granted for the following duration:

According to the law, vacation is no less than the established minimum of 28 days

The Constitution and Labor Code of the Russian Federation regulate the minimum duration of rest - 28 days annually. Employees of preferential categories and those working in hazardous work have the right to an extended rest period.

Holiday pay is calculated based on average earnings over the last 12 months. Have you been working for less than a year? Accounting will calculate the average earnings per day over a shorter period of time.

Can I take a vacation in parts?

Article 125 of the Labor Code says that leave can be split. But according to the rules. One continuous part lasts 14 days. The rest are provided in parts - by agreement between the employee and the manager.

Vacation can be taken in parts of 1-2 days, if the employer does not mind. This is convenient when planning a short trip over the weekend or long holidays, and you need extra time. But the dates and duration in this case need to be discussed in advance, so that it doesn’t happen that the whole team decides to extend the May holidays, and there will be no one to work.

Using the entire vacation is also possible. But you need to discuss this point with your manager. If the specifics of your work suggest that someone can replace you for all 28 days of rest, then this is possible.

But most workers prefer to split their vacation into two equal halves: this is understandable, predictable and does not cause force majeure in the work of the team.

Is it realistic to plan a vacation a year in advance?

The vacation schedule is an important document. This is not just a formality: it allows you to control the workload of each employee and redistribute responsibilities in a timely manner.

By mid-December, the employer approves the vacation schedule for employees for the next calendar year. Usually - taking into account the wishes of the team. All employees must be made aware of the schedule. That is, in December you already know the exact dates of your vacation, and you can safely buy a trip and tickets, wait for your vacation pay and go on a trip.

14 days before the start of a well-deserved rest, an employee of the HR department or manager must remind the employee about the upcoming rest. There is no need to write an additional application. The employer did not notify? You can safely ask to reschedule dates.

If plans change on your initiative, the transfer of dates can be agreed upon with your manager. In this case, you will have to write an application for leave outside the schedule.

Who can count on an extended vacation?

To obtain information about which of the employees has the right to take extended leave, you cannot do without studying the Labor Code. You should also familiarize yourself with Federal laws and other regulations.

The table contains information on the duration of extended leave for certain categories of employees:

Important! In order not to make mistakes and set the correct vacation days, you should thoroughly study the regulatory documents.

A break from work for parents with many children

This category of workers can take several days of rest or the entire year’s vacation at once when they need it, even if the dates do not coincide with the annual schedule. The employer does not have the right to refuse. The employee writes a statement indicating the required dates and duration. If the boss is against it, you can remind him of the illegality of the decision, referring to the Labor Code.

Paid leave at any time of the year can be taken by:

• Employees who have 3 or more children - natural or adopted.
• Parents of a large family, where at least three children have not yet reached adulthood.
• Parents with many children who have at least one child under the age of 14.

Mothers of many children can take leave under these conditions without restrictions. If we are talking about a man, then he must be either the father or adoptive parent of 3 or more children. If he cohabits or even lives in an official marriage with a woman with many children, but is not the father or adoptive parent of her children, although he strives to provide assistance, he cannot apply for leave upon request.

This rule applies to annual vacations. It does not work only if the employee is recently employed and has worked for less than 6 months. In this case, a preliminary agreement with the employer will be required. The boss’s refusal in such a situation is a reason to postpone the rest time to a later time - until at least six months have passed from the date of employment.

If you work for more than six months, are a parent of many children, but your manager does not want to give you leave for the required dates, you have the right to initiate proceedings. For an unmotivated decision, the employer may receive a fine of 50 thousand rubles.

Additional leave for military personnel

Expert opinion

Kuzmin Maxim Petrovich

Lawyer with 8 years of experience. Specializes in criminal law. Recognized legal expert.

Persons who serve in the RF Armed Forces also have the right to count on additional leave for length of service. Additional vacation days increase depending on length of service:

Who can't be denied a summer vacation?

Almost everyone wants to take a vacation in the summer Naturally, the employer is against a complete shutdown of work in the summer. There are two options in this case:

• Negotiate within the team, share vacations.
• Allow those who cannot be refused by law to go on vacation in the summer.
• The third option, which the team does not always agree with, is to take turns taking summer vacations, every few years.

Employees of preferential categories can, if they wish, take all or part of their vacation in the summer. These categories include:

• Workers under 18 years of age.
• Women who are going on or returning from maternity leave.
• Men whose wives are on maternity leave.
• Military wives, if the husband's vacation falls in the summer.
• Parents with many children with children under 12 years old.
• Parents of a disabled child.
• Part-time workers, if leave from the main place of work is agreed upon for the summer period.
• Honorary donors.
• Participants in combat operations, liquidators of the Chernobyl accident.
• Employees who were forced to leave their previous vacation a few days earlier at the request of the employer.

Single mothers do not fall into the preferential category if they have one child. If you decide to go on vacation in the summer months, in this case you will have to negotiate with colleagues, change dates, and look for other options to solve the problem.

*It is important to know the laws and be able to stand up for yourself and your rights. Visit our website often and read new useful materials in the News section and you will be on top in any situation.

Additional leave for health workers

Regardless of their position, doctors at a local hospital and outpatient clinics in rural areas are granted additional allowance for length of service. The duration of such leave is set based on 3 days for 3 years of work. It is installed in accordance with Decree of the Government of the Russian Federation No. 482 of 06/06/2013.

In addition to such leave, health workers also have the right to other additional leave, for example, those working in the field of HIV diagnosis (treatment) are given an additional 30 days, and those working in hazardous conditions - 30.

Categories of workers who are entitled to additional days

The list of citizens employed with the right to additional paid days is long. The categories are defined and established within the framework of Art. 116 labor legislation:

1. When performing duties in hazardous conditions (Article 117), which was confirmed by the results of a workplace inspection (hazard degree above 2). Such employees are entitled to an additional 7 days. Additional days are subject to fixation in the employment contract in accordance with a collective or intersectoral agreement.
2. For the special nature of the work, additional days are also assigned, as established by Art. 118, guided by special decisions of the Government of the Russian Federation. For example, according to RF PP No. 1588 of December 31, 1998, such rest is due to general practitioners who have worked for three years in a row.
3. Persons seconded to perform official duties in Chechnya receive an additional couple of days for each month worked (as stated in RF PP No. 1440, issued in 1994). Unfortunately, there is no single legislative act that would specify all such workers, professions, requirements, forcing employers to proceed from the standards that are applicable in a particular industry.
4. When management decides to allocate paid days on its own initiative, it develops internal rules that will define the range of professions and positions to which days are added. The administration seeks the payment fund for these days independently, after deducting taxes.

This supplement to the holiday is provided within the framework of federal legislation, individual acts, including regulations adopted and existing since the Soviet period, for the following categories:

employees with a recognized disability group (any) have the right to take 30 days off work; citizens injured during the liquidation of the consequences of the Chernobyl accident may receive an additional 7-14 days; for persons whose main activity is related to sports (including coaches), they have the right to take an extra 4 paid days; persons working in the field of internal affairs are entitled to an additional 15 days (the duration is determined by length of service, according to the employee’s length of service).