How many paid vacation days can an employee expect per year?

Annual paid vacations are provided in accordance with the vacation schedule. This local regulation is mandatory for all employers except individual entrepreneurs. Therefore, companies had to approve it no later than two weeks before the end of 2021. The schedule is approved by order of the manager.

Employees should be familiarized with the vacation schedule. And although the familiarization format is not legally fixed, the employer can independently determine the most suitable option for him. For example, it could be a special magazine. It is better to immediately include a column in it where employees mark their familiarization with the document.

It is often the practice in companies that the vacation schedule is kept formally - just to avoid being fined by the State Transport Inspectorate. However, if it is available and the necessary changes are made to it, it is easier for both parties to the labor relationship to resolve issues related to the provision of vacations. In addition, the vacation schedule allows you to more effectively plan the company’s activities.

The Letter of Rostrud dated 03/09/2021 No. PG/03709-6-1 notes that the vacation schedule includes all employees who are in labor relations with the organization on the day the schedule is approved, including employees with whom employment will be terminated during the working year contracts.

The question remains controversial as to whether external part-time workers should be included in the vacation schedule. Some experts are of the opinion that it is necessary, although Art. 286 of the Labor Code of the Russian Federation states that external part-time workers are granted annual paid leave simultaneously with leave for their main job. At the same time, Art. 123 of the Labor Code of the Russian Federation does not specify which employees are included in the vacation schedule and which are not.

In this article we will consider the following questions:

• Basic rules for calculating vacation pay
• How to calculate vacation pay in 2021
• Vacation pay indexation
• Non-standard situations related to vacation registration in 2021
• How to use the vacation pay calculator - 2021

Extended and additional leave

Some categories of citizens, according to the norms of the Labor Code of the Russian Federation and other legislative acts, have the right to rest longer than others. For them, the management does not establish additional time by its local acts; it is already prescribed in the legislation. Thus, an extended period of paid rest is provided:

• minor workers (under 18 years of age) - 31 days (Article 267 of the Labor Code of the Russian Federation);
• disabled people of all groups - 30 days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ);
• for teachers and lecturers - from 42 or 56 calendar days, depending on the position of the teaching worker and the type of educational institution (Article 334 of the Labor Code of the Russian Federation, clause 3, part 5, article 47 of the Federal Law of December 29, 2012 No. 273-FZ);
• scientists who have a doctorate of science and work in budgetary institutions - 48 days (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949);
• for employees of the defense chemical industry - from 30 to 40 days, depending on the length of continuous service (Clause 5, Article 28 of the Federal Law of August 22, 1995 No. 151-FZ);
• scientists who have a candidate of science degree and work in budgetary institutions - 36 days (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949);
• medical workers who are at risk of contracting AIDS - 36 days (Resolution of the Government of the Russian Federation of 04/03/1996 No. 391);
• for state civil servants - from 30 days, depending on length of service (Part 3, Article 46 of Federal Law No. 79-FZ of July 27, 2004);
• employees of the prosecutor's office and the investigative committee - 30 days, excluding travel time to the place of rest and back.

The laws also provide for additional vacation periods in some cases, for example, as defined in Article 321 of the Labor Code of the Russian Federation, for residents of the Far North and equivalent areas. In particular:

This is important to know: How is parental leave paid: payments after 1.5 years

• for residents of the Far North - 24 days;
• for residents of areas equated to the regions of the Far North - 16 days;
• for residents of other regions of the North, where a regional coefficient and a percentage increase in wages are established - 8 days.

Also, Article 116 of the Labor Code of the Russian Federation states that the following have the right to additional leave:

• persons employed in work with harmful and dangerous working conditions;
• persons working on irregular working hours;
• persons performing work of a special nature;
• other categories of persons for whom the provision of annual additional paid leave is determined by federal legislation.

In Russia, the rules for granting annual paid leave have changed

Previously, this leave was provided to employees with three or more children under the age of 12.

Let us remind you that the basic leave that most workers are entitled to is 28 calendar days in Russia. Extended leave, as the Ministry of Labor told Rossiyskaya Gazeta, can be provided to state civil servants (30 days), teachers (from 42 days) and other employees on the basis of federal laws.

Additional paid leave is provided to employees working in jobs with harmful or dangerous working conditions; having a special nature of work; with irregular working hours; working in the regions of the Far North and equivalent areas, as well as in other cases provided for by the Labor Code and other federal laws.

In addition, additional paid holidays, if financial capabilities are available, may be provided for at enterprises by local regulations and collective agreements.

Leave without pay may be granted for family reasons and other valid reasons. It is issued upon application, its duration is determined by agreement between the employee and the employer.

In addition, the employer is obliged to provide additional leaves without pay to certain categories of employees at their request. For example:

- working old-age pensioners (by age) - up to 14 calendar days per year;

- parents and spouses of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system, compulsory enforcement authorities, who died or died as a result of injury, concussion or injury received while performing military service duties, or as a result of illness associated with military service - up to 14 calendar days per year;

— working disabled people — up to 60 calendar days a year;

- employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days.

Collective agreements and local acts of organizations can establish annual additional leaves without pay at the request of the employee at a time convenient for him for up to 14 calendar days:

- an employee who has two or more children under the age of fourteen,

- an employee who has a disabled child under the age of eighteen,

- a single parent raising a child under the age of fourteen.

Can be divided into parts

The law does not require the employer and employee to use the entire period of paid rest at once. It can be divided into parts. But only in such a way that at least one part has at least 14 days. Obviously, the standard 28 working days are conveniently divided into two equal parts in this way. As a rule, this is suitable for both employees and employers. But if a person needs to use all the rest time allotted to him at once, the employer is obliged to provide it in full and has no right to demand the division of vacation time. Also, an employee does not always want to divide his vacation into two halves of 14 days. Sometimes one half lasts two weeks, and the remaining days are scattered in a convenient order for a person, at least one day at a time. This is not prohibited by law.

Compensation for unused rest days

You cannot receive monetary compensation for the main unused vacation period while working in an organization (this applies to 28 days). This is provided for by the norms of Article 127 of the Labor Code of the Russian Federation only upon dismissal. In this case, when calculating, the employer is obliged to pay vacation pay for all the time that was not used for rest. The employer can compensate for additional time with money and without dismissing the employee, at his request (does not apply to additional leave for harmful working conditions - 7 days; if the rest is more than 7 days, then days beyond this figure can be compensated).

Summary

• What is the minimum number of vacation days for which health benefits are paid?
• What is the minimum number of days that can constitute a vacation?
• Number of vacation days
• How to calculate the number of vacation days
• Number of vacation days per year
• Number of unused vacation days
• Calculation of the number of vacation days

Questions

1. What is the minimum number of vacation days for which health benefits are paid?

1.1. The number of vacation days does not matter; payments are made at the request of the person, usually with annual vacation in part or in full.

2. What is the minimum number of days that can constitute a vacation?

2.1. Dear Tatyana! In accordance with Article 115 of the Labor Code of the Russian Federation, the annual basic paid leave is 28 calendar days. Vacation is provided within the time frame determined by the vacation schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). In accordance with Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts, and at least one part of the leave cannot be less than 14 calendar days. The amount of the remaining parts of the leave is determined by agreement between the employee and the employer, while the minimum amount of the remaining parts of the leave is not established by law.

3. Please explain whether an employee is required to take basic leave (28 calendar days) if the last 2 days fall on weekends, i.e., for example: vacation from 07/01/2019 (Monday) to 07/26/2019 (Friday) + 07.27.2019 (Sat.) and 08.28.2019 (Sun.)? What is the minimum number of vacation days an employee can take? I would like to receive links to articles from official documents of the Russian Federation. Thank you.

3.1. Good afternoon In accordance with Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. According to Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

3.2. Hello, they have no right to force you, you can write an application for leave until the 26th inclusive.

4. The cancer patient’s sick leave ends on July 21, 2021; further courses of chemotherapy are required; to open the next sick leave, you need to take a break from taking leave from work. What is the minimum number of vacation days required to be taken at work?

4.1. In accordance with the labor legislation of Russia, there are no restrictions on the minimum period of leave without pay. The issue of the duration of leave is resolved only by agreement with the employer.

5. The area in which I work is equivalent to the regions of the Far North. What is the minimum number of days I can take vacation in the summer?

5.1. How many days are specified in the agreement with the employer. Labor Code of the Russian Federation, Article 122. The procedure for granting annual paid leave. A guide to personnel issues. Questions of application of Art. 122 Labor Code of the Russian Federation

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. (as amended by Federal Law No. 90-FZ of June 30, 2006) (see the text in the previous edition) Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it ; employees under eighteen years of age; employees who adopted a child (children) under the age of three months; in other cases provided for by federal laws. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer. (as amended by Federal Law No. 90-FZ of June 30, 2006)

This is important to know: Is an order being drawn up to postpone vacation?

6. I am a civil servant, according to the law, when I go on vacation, I am entitled to financial assistance. Now our company is being liquidated. I have the right to vacation, but I don’t want to go on it in winter. Upon final payment upon dismissal, they will give me financial assistance or I will need to leave for a minimum number of days and write a statement for swearing. help.

6.1. Hello! Financial assistance will not be paid if you do not use your vacation. For payment rules, see the Regulations on Remuneration.

7. What is the minimum number of vacation days an employer can give me per year in an area equivalent to the north, our vacation is 44 days.

7.1. Good day! In accordance with the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days. If during the year at least one part of the vacation is 14 days, the remaining days can be divided into at least 1 (by agreement with the employer)

8. I have a disabled child. If I take 4 paid days off at the beginning of the month, and then a vacation. And it turns out that there will be no working days in the month. Is it possible to do this or not? Or should there be a minimum number of days worked per month? Thank you in advance.

8.1. You can do this. There is no minimum number of days worked per month.

9. From 02/03/2016 I have a full vacation according to the vacation schedule of approximately 57 days, after the vacation I have taken, I want to quit as quickly as possible and with a minimum amount of costs, that is, how much money can they ask me for for unworked vacation?

9.1. It depends on how long you work and when you go on vacation. The accounting department will make the calculations.

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.

How many days of vacation are allowed per year?

An employee does not have to use all 4 weeks of his/her allotted vacation at one time. Leave can be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be carried out in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). If this condition is met, the duration of other parts of the vacation can be an arbitrarily small number of days, including 1 or 2 days.

How many days of vacation is an employee entitled to? As a general rule, the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). People often ask: is vacation 28 calendar days or working days? Annual basic paid leave is calculated in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Calculation of average earnings

What formula is used to calculate SZ depends on whether the employee has fully worked the pay period. This is the 12 calendar months preceding the vacation.

Here is the formula for the case when the employee worked the entire pay period:

Average daily earnings = Earnings for the billing period / 12 / 29.3

Note: 29.3 is a constant indicator. This is the average monthly number of calendar days.

If the employee did not work fully during the billing period or there were deductible days (for example, sick leave, vacation, etc.), the formula is more complex:

Average daily earnings = Payments that are included in the calculation of SZ / (Average monthly number of calendar days × Number of fully worked months + Number of calendar days worked in partial months)

The last indicator, in turn, is considered as follows:

Number of calendar days worked in an incomplete month = Average monthly number of calendar days / Total number of calendar days in a given month × Number of calendar days in a given month attributable to hours worked

Example 1. The employee worked the entire billing period

The employee took leave for 28 calendar days. Earnings for the 12 months preceding the vacation amounted to 800,000 rubles.

Total average daily earnings are: 800,000 rubles / 12 months / 29.3 = 2275.31 rubles

Amount to be paid: 2275.31 * 28 = 63,708.68 rubles

Pay vacation pay at least 3 calendar days before the start of your vacation. For example, is Monday the first day of vacation? This means that on Thursday the day before, vacation pay should already fall into the employee’s wallet or card.

Example 2. The billing period has not been fully worked out

An employee's vacation is 14 calendar days from July 10 to July 23. Salary – 20,000 rubles.

The billing period is from July 1, 2021 to June 30, 2021.

In February, the employee took sick leave for 10 days (from February 3 to 12) and received a salary for this month of 11,578.95 rubles.

1. Let’s determine the payments that are included in the calculation of average earnings:

Total amount of payments, excluding February: 20,000 rubles * 11 months = 220,000 rubles

Payments from February: 220,000 rubles + 11,578.95 rubles = 231,578.95 rubles

2. Let’s calculate the number of days worked in February:

There are a total of 28 calendar days in February in 2021. 10 of them the employee was sick. This means that the days worked accounted for 18 calendar days (28-10).

For calculation purposes, 18,836 days were worked in February (29.3/28*18).

3. Let’s find the average daily earnings:

231,578.95 / (29.3 * 11 months + 18,836 days) = 678.85 rubles.

4. Calculate the amount of vacation pay:

678.85 * 14 = 9,503.9 rubles.

Online magazine for accountants

When drawing up a vacation schedule in advance, the HR employee must calculate the number of days not only of the main vacation, but also of additional vacations. The duration is determined on the basis of Art. 120 Labor Code of the Russian Federation. Vacation days are summed up and recorded. If during the previous period the employee had unused vacation days, they are taken into account in the new rest schedule.

The employee is required to take a minimum period of 7 days off. A period in excess of the norm can be converted into a monetary equivalent. Please note that not all enterprises allow you to take an additional 7 days off work, so not everyone actually has the right to receive compensation.

How vacation is granted in 2021 according to the Labor Code of the Russian Federation

In accordance with this article of the code, employees whose working conditions are recognized as dangerous to life and health are entitled to days of additional rest in accordance with this article of the code. The degree of danger is established through a special assessment of the workplace. This category includes conditions for carrying out professional activities of the second, third or fourth degree of harm, or presenting a danger to life. The duration of this rest cannot be less than a week. There are no exceptions to this rule. The right to additional rest and its duration must be specified in the employment contract or agreement. The same document should reflect the results of the job assessment. By agreement with the employee and the employer, if additional days for rest are provided to the employee in an amount greater than one week, all days (except for the mandatory seven) can be compensated in cash. In this case, there are no discrepancies with the Labor Code of the Russian Federation or other labor legislation. This means that there are no facts of violation of laws either on the part of the employee or on the part of the employer. For any incomprehensible point in the process of studying this article, you can contact the consultants of our website.

This is important to know: When and how to go on vacation according to the law

Labor legislation establishes the right to periodic annual paid leave. Every worker, after working for eleven months, must go to rest. The minimum period an employee can count on is twenty-eight days. The worker receives payment for these days into his salary account or receives it personally at the company’s cash desk. In the Labor Code, this right is prescribed by Article 71. It is better to view any articles with comments to it. Even if it is the Labor Code. This makes it much easier to understand all the nuances of the legislation.

Next vacation according to the labor code 2021 number of days

So, in particular, in accordance with Article 287 of the Labor Code of the Russian Federation, part-time workers working only in the 0.5 rate mode are provided with annual rest in full, as well as the same employees with small children or employees with disabilities who, under Art. .93 of the Labor Code of the Russian Federation may apply for a reduction in labor hours. That is, in fact, 28 days of vacation is the minimum amount of rest that is provided to all persons engaged in labor activities in any mode of employment.

In this case, the agreed periods, at the request of the employee, are not only provided simultaneously with the main one, but can also be summed up , but not more than for two years, thus, in general, amounting to up to 104 days of rest. Also, Article 322 of the Labor Code of the Russian Federation states that all types of vacations can be summed up with the only condition that their maximum duration should be no more than six months in the total.

Chapter 19

The order of provision of paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for the adoption of local regulations.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Labor leave in Belarus

• for the special nature of the work, as well as harmful or dangerous working conditions, additional leaves are granted in the manner approved by the Government of the Republic of Belarus;
• for irregular working hours up to 7 days of additional leave;
• for long work experience in the organization, 3 days of additional leave may be granted;
• additional leave may also be granted to certain categories and specific employees individually in accordance with contracts and agreements between employers and employees.

Labor leave is an exemption for a certain period from performing job duties while maintaining wages. The concept of vacation is inextricably linked with the concept of the working period, in other words, a labor vacation is a break in the working period provided for rest, restoration of health and efficiency, and satisfaction of other personal needs.

Special calculation of vacation pay in working days

Before this, we counted vacation pay in calendar days. Employers accrue vacation in working days in two cases:

1. seasonal workers,
2. if a person works under an employment contract that is valid for up to two months.

Formulas:

Amount of vacation pay in working days = Average daily earnings × Number of working days of vacation

Average daily earnings = Actual accrued wages / Number of working days according to the calendar of a 6-day working week

Actually accrued wages are payment for the work that the employee received from the first day of work until the start of vacation.

Example 4. Calculation of vacation pay for a seasonal worker

The employee goes on vacation for 12 working days. The actual accrued wages amounted to 600,000 rubles. The number of working days according to the calendar of a 6-day working week for six months is 111 days.

Average daily earnings: 600,000 rubles / 111 days = 5,405.41 rubles

Vacation pay: 5,405.41 rubles * 12 days = 64,864.92 rubles.

How to go on vacation in Kazakhstan

The duration of annual labor leave is calculated in calendar days, excluding holidays, regardless of the applied working hours and shift schedules. When calculating the total duration of vacation, additional paid vacations are added to the main ones.

An employee may be recalled if a production need arises, but with the consent of the employee. The part of the paid annual leave unused in connection with the recall, by agreement of the parties, is provided during the current working year or in the next working year at any time or is added to the paid annual leave for the next working year.

Bonus in calculation of holiday pay

The employee received a bonus during the pay period. Should I take it into account when calculating vacation pay?

Yes, if this is a bonus for those months that fell within the billing period (Letter of the Ministry of Health and Social Development dated 03/05/08 No. 535-17).

Example 3. Accounting for bonuses when calculating vacation pay

The employee goes on annual paid leave for 28 calendar days. Earnings for the 12 months preceding the vacation amounted to 1,000,000 rubles. In addition, the employee received a monthly bonus of 5,000 rubles every month.

The employee’s income from the monthly bonus for the year amounted to 60,000 rubles. (5,000 rubles * 12 months).

Average daily earnings are: (1,000,000 rubles + 60,000 rubles) / 12 months / 29.3 = 3,014.79 rubles.

Amount to be paid: 3,014.79 * 28 = 84,414.12 rubles.

Vacation Law 2021

• persons who belong to the category of WWII participants deserve leave of up to 35 days;
• pensioners who work - up to 14 days;
• close relatives of military personnel who died, were injured or temporarily fell ill - up to 14 days;
• disabled people who work - duration up to 60 days;
• employees who have children are planning to legalize their marriage - up to 5 days;
• cases provided for by federal laws of Russia (for example, you can go on study leave for a period of 21 days).

The Government of the Russian Federation has decided to submit a bill to replace part of the leave of civil servants with monetary compensation. According to the comments of deputies, this will not in any way affect the right of the privileged category of civil service employees to rest; it will only allow for the amendment and equalization of rights with employees in other fields of activity.

Online vacation pay calculator in 2021

The vacation pay calculator from the Kontur.Accounting service will help you calculate the amount of payments for various types of vacations, taking into account sick leave, time off, and changes in salary. The calculator is available free of charge and without registration; its calculations meet all legal requirements. It's very easy to use:

• In the “Initial data” tab, indicate the vacation period, its type and the boundaries of the billing period. Indicate exclusion periods and salary increases, if any.
• In the “Pivot Table” tab, enter data on monthly accruals to the employee for the billing period.
• In the “Results” tab, you will see the amount of vacation pay and the approximate amount of personal income tax to be withheld (to accurately calculate personal income tax, you need to take into account deductions, taxes and charges).

The calculation will take a couple of minutes. If you work under an employment contract, add our calculator to your “Bookmarks” and you can always find out the amount of your vacation pay. If you are an accountant for a company, you will appreciate the ease of working with the calculator. Kontur.Accounting has many other tools for accounting and payroll.

Free calculators for sick leave, maternity leave, and vacation pay are our open access widgets. If you want to quickly and easily calculate salaries, keep records and send reports via the Internet, register in the online service Kontur.Accounting. The first 14 days of work for each new user are free.