Tricky plan: is it possible to take a vacation for 5 days from Monday to Friday and how to do it?

Holidays on Fridays

Based on labor legislation, an employee has the right to use his annual leave in parts, the main thing is that one part of the leave lasts at least 14 days. If the employer does not object, then the employee can take the remaining days of vacation several days at a time, for example, two or five (Rostrud letter No. 2143-6-1).

Annual leave granted to an employee is calculated in calendar days, which include weekends and exclude non-working holidays (Article 120 of the Labor Code of the Russian Federation).

One of the most common questions among employees is whether it is possible to take vacation for only one day - Friday.

Important! Having used 14 days of vacation entirely, the employee can take the remaining 14 days as he wishes, but only by agreement with the employer.

Let's assume that an employee works on a 5-day workweek with two days off. And he decides to divide the second 14 days of vacation into three parts: the first two from Monday to Friday for 5 calendar days, and the third from Monday to Thursday. Weekends are not included in the vacation, and he asks for vacation for the next three weeks. Adding up the entire period, we get 32 ​​working days of vacation, not 28 days. In accordance with this, the employer must determine the possibility of providing leave of such duration independently. As practice shows, companies quite rarely agree to such conditions for employees and provide vacation on Friday only along with subsequent days off (

If your vacation falls on a holiday

In order to extend their rest, many workers try to take vacation immediately before or immediately after non-working holidays. This raises a logical question: are holidays included in vacation? If non-working holidays occur during the employee’s vacation period, then they are not included in the number of vacation days and, as a result, are not paid (Article 120 of the Labor Code of the Russian Federation). This rule applies to both basic annual paid leave and additional ones.

Non-working holidays in Russia are (Article 112 of the Labor Code of the Russian Federation):

• January 1, 2, 3, 4, 5, 6, 8 – New Year holidays;
• January 7 – Christmas;
• February 23 – Defender of the Fatherland Day;
• March 8 – International Women's Day;
• May 1 – Spring and Labor Day;
• May 9 – Victory Day;
• June 12 – Russia Day;
• November 4 is National Unity Day.

Also, at the level of constituent entities of the Russian Federation, religious holidays can be recognized as non-working holidays (clause 7 of article 4 of the Law of September 26, 1997 N 125-FZ)

How to book a vacation from Friday to Sunday

Let's say that an employee who is entitled to 28 days of vacation has already used 16 days of vacation in the summer, and decides to split the remaining vacation days and use them from Friday to Saturday, for four weeks in a row. In this case, if the employer agrees on such leave, the employee is issued several leaves, each of which lasts 3 days and includes one working Friday and two non-working weekends.

To apply for a vacation, you will need the following documents:

• An application from an employee for leave (in our case there will be 4 applications);
• Vacation order (in our case 4 orders);
• Calculation note (also for each vacation, that is, 4);

In addition, you will need to make changes to the vacation schedule, add an entry to the employee’s personal card and mark the vacation on the time sheet.

Each such leave is issued in a separate package of documents. It is impossible to register several vacations at once with one document, since the employee has the right to transfer any vacation to another date.

You can use unified forms for registration, for example, an order in the T-6 form, a T-2 personal card, a T-60 calculation note, and a T-12 working time sheet. Each organization also has the right to develop its own document forms.

Before the start of the vacation, the employee must be notified of the start date and must be paid vacation pay. The employee is notified against signature at least 2 weeks before the start of the vacation, and vacation pay is paid no later than 3 days before the start of the vacation (123 Labor Code of the Russian Federation and 136 Labor Code of the Russian Federation).

When is the best time to take a vacation?

If an organization has the opportunity to choose, any employee will think about when it is better to take a vacation. This is important, since the amount of vacation pay and the duration of rest may vary depending on the month .

It is advised to choose a month that has more than 20 working days. The largest number of working days is usually in the months of July, August, September, October and December .

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Vacation pay is calculated taking into account calendar days, and wages are calculated only for working days. It’s better to go on vacation on Monday and come back on Friday. In this situation, your 2-week vacation will be extended to include a weekend. This way you will be able to save a couple of days for the future, but they do not count towards this vacation.

Example

Accountant Petrova O.P. works in . She took 16 days of annual leave in the summer, and for the remaining days she wrote 4 applications for leave from February 16 to 18, February 23 to 25, March 2 to 3 and March 9 to 11. The employee wrote an application for each leave. Let's consider a situation where Petrova will use the first two days of vacation for the previous year of work.

In this case, in the Order (form T-6) you need to highlight in separate lines the periods for which leave is granted. The form only provides one line for this, so the company can add another one on its own. Then 2 two days of vacation will be used for the previous year - this is highlighted in a separate line in the order, and one day - for the current year - another line is added in the order.

Amendments to the Order form are formalized by an order approving the new form of the document.

Features of vacation from the day off

If the holiday starts on the weekend, is it legal or are there restrictions? Workers rarely write an application for leave from Saturday or Sunday, only if there are serious reasons for this. There may be several of them:

• You need to get vacation pay after the weekend . By law, the accounting department is required to issue vacation pay within three days after the start of the vacation. And if you need funds for a specific date, you can take advantage of this provision by writing an application indicating the start of your vacation on a day off. In this case, vacation pay should already be transferred on Tuesday.
• You can take a vacation so that the first day is a day off, when you just need to take a few days off from your previous vacation. It is not always possible to use such a balance at other times. To ensure that days are not wasted and that management does not have any troubles regarding this during the inspection, the employee is recommended to draw up an application in exactly this form. For these days he will receive vacation pay.
• The start of vacation sometimes coincides with weekends, when you need to show up at work on a certain date. You have to choose just such dates, start your vacation on weekends or holidays.
• If the vacation is 28 days, the employee can receive all 30 days of good rest, since going back to work will again coincide with a day off.
• The first day of vacation is a weekend or holiday , when it is customary for an enterprise to work on weekends due to the specifics of its activities.

For example, these are enterprises with continuous production lines. Also, for other reasons, management may call its employees to work on weekends or holidays. A citizen has the right to write an application so that the first day of vacation is a day off; in this case, an unscheduled call to the workplace will not disrupt his vacation plans.

ATTENTION! For the reasons stated above, vacation can be taken either from a calendar day or from a “sliding” day off, assigned during a shift work schedule at enterprises.

How to issue a settlement note and pay vacation pay

Returning to our example, let’s determine how many calculation notes the employer needs to prepare. Based on the fact that the employee asks for 4 vacations, a calculation note must be issued for each of them.

You can pay vacation pay earlier than the established three-day period (Rostrud letter No. 1693-6-1). Thus, you can pay vacation pay for all three-day vacations at once, no later than three days before the start of the first vacation. Labor laws will not be violated in this case.

Problems may arise if the employee decides to postpone one of the vacations to a later date. In this case, he will have an overpayment not only for vacation pay, but also for personal income tax and insurance premiums.

Let's figure out how to determine the deadline for paying vacation pay. Should the vacation day itself be included in the calculation?

Let's look at an example:

The employee goes on vacation on February 16, 2021, we will determine the deadline for paying him vacation pay (

May and holidays

From the point of view of duration, it is quite convenient to go on vacation in May, but for a short period . You can take about 4-5 days.

The least profitable months for vacations in monetary terms are January and May. The number of working days in these months is minimal, but salaries are paid in full, so it is not profitable to rest during this time.

Why it is not profitable to take a vacation in January or May:

• Your salary reaches 30,000 rubles.
• In January (May) you will need to work 17 days (20 in May), and the price of one working day is 1,764.7 rubles (1,500) .
• At the same time, 1023.8 rubles are accrued for any day of vacation .

Obviously, it is much more profitable for an employee to work a small number of days (including holidays) than to go on a less paid vacation.

In this article you can learn more about vacations that coincide with public holidays.

From what date you go on vacation does not really matter. The main thing is a large number of working days.

Watch a video on how to calculate the cost of your working day depending on the number of days in a month:

From all of the above, we can conclude that the most profitable vacation is the vacation that is taken in a month with the least number of days off and the maximum number of working days.

We must not forget that vacation pay is paid not just taking into account the salary, but also taking into account the bonus for the last year before the vacation pay.

This is important to know: Additional leave for military personnel after 20 years of service

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How to calculate vacation pay

Let's look at an example of how to calculate vacation pay for each vacation.

Accountant Petrova O.P. works in . She took 16 days of annual leave in the summer, and for the remaining days she wrote 4 applications for leave from February 16 to 18, February 23 to 25, March 2 to 3 and March 9 to 11. The employee wrote an application for each leave. Petrova’s income, which will be included in the calculation of average earnings, was 450,000 rubles for the billing period from February 1, 2021 to January 31, 2021; insurance premiums are calculated at the general rate. Petrova completed her entire pay period.

Let's calculate vacation pay:

All 4 holidays have the same duration. The billing period for them is also the same. Average daily earnings will be:

450,000 / 12 / 29.3 = 1,279.86 rubles

Vacation pay for a three-day vacation will be:

1,279.86 x 3 = 3,839.58 rubles

Postings for payment of vacation pay will be as follows:

How will they punish

For complete coincidence of part of the annual paid leave with days off, the employer faces a fine for violation of labor legislation under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of:

• from 1,000 to 5,000 rubles - for individual entrepreneurs;
• from 30,000 to 50,000 rubles - for legal entities.

If the inspector discovers that the employer used such a scheme in relation to several employees, he will immediately recognize this violation as repeated. For repeated violations, the punishment is stricter.

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