Author of the article: Yulia Kaisina Last modified: January 2021 97062
The Labor Code guarantees the right to annual paid leave, which is measured in calendar days. This means that it includes both working days and weekends (excluding non-working holidays). In practice, vacation usually begins on weekdays, but in some cases it becomes necessary to take vacation from the weekend. What should the employee, HR officer and accountant pay attention to, and is it possible to take vacation only on weekends?
Benefits for parents with many children
The State Duma of the Russian Federation adopted amendments to the Labor Code on annual paid leave for workers with many children. As State Duma deputy from the Yamal-Nenets Autonomous Okrug Vladimir Pushkarev explained:
The bill concerns the rules for providing annual paid leave to employees who have three or more children under the age of 18. The bill proposes to expand the circle of persons entitled to receive annual paid leave at a time convenient for them, establishing that employees with three or more children under the age of 18 are granted annual paid leave at their request at a time convenient for them until the youngest child reaches children 14 years old.
Currently, the norms of the Labor Code of the Russian Federation provide for the right to leave at a convenient time for workers with many children only with children under 12 years of age, and this puts large families in unequal conditions. Whereas, by virtue of the Civil Code of the Russian Federation, upon reaching the age of 14, children cease to be minors, guardianship ends, which turns into trusteeship, children receive a passport and separate rights and responsibilities, and not at 12 years old. The amendments will allow parents and children to spend time together and both parents to actively participate in raising children.
ConsultantPlus experts figured out how to provide additional leave to parents with many children at their own expense. Use these instructions for free.
Delivery time
There is a general rule on this issue: all types of leave, including basic, additional, paid and unpaid, without pay, are provided with prior agreement with the employer. That is, the answer to the question of when you can take leave under the Labor Code is as follows: when you can come to an agreement with the administration of the organization.
Of course, this does not cancel the employee’s right to rest, but the priority must be established so that this does not affect the work process. And, of course, there are emergency cases, force majeure circumstances, when the employer does not have the right to refuse an employee. If an agreement cannot be reached, the conflict must be resolved through mutual concessions in accordance with the norms of the Labor Code.
If you apply on the weekend
If there is a five-day work schedule, vacation begins on Saturday or Sunday. Often specialists ignore this opportunity due to lack of expediency - this is already a weekend that can be used at will. However, many people want to go away for a long weekend these days.
This may be due to the following reasons:
- vacation pay was transferred ahead of schedule. The law requires that they be issued to the vacationer no later than 3 days before leaving for vacation. For example, if the actual withdrawal falls on Monday, then the money must be issued on Thursday. If you indicate the first day of vacation on Saturday in your application, the funds will be transferred on Tuesday. Sometimes this plays a key role when organizing a trip to resorts;
- The organization practices calling employees to work on weekends. Despite the fact that the law states that employees have the right to go on weekends, and not an obligation, this is voluntarily compulsory, and refusal can lead to unpleasant consequences. It is for this reason that many people start their vacation on the weekend;
- the remaining number of non-vacation days does not exceed 2. Many employees prefer to take that many days off over the weekend in order to continue working. There are often situations when there is no replacement, which is why employers ask specialists to give him time off in this way.
In each specific situation, other reasons may arise. For example, sometimes you need to go to work by a specific date, which entails the need to select the start of a long weekend.
Employers do not have the right to force employees to write an application for leave from a day off. This is only a workers' right, not an obligation.
Off schedule
There are categories of workers whose representatives have the right to go on vacation at any time convenient for them, having notified them in advance.
These include:
- citizens under 18 years of age;
- women and single men raising two or more children under 12 years of age, in addition, they have the first priority to “book” summer time;
- employees previously recalled from vacation;
- part-timers. It is clear that the periods of rest at the main and additional jobs must coincide;
- one of the parents raising a disabled child under the age of 18;
- spouses of military personnel, who also have the right to rest at the same time as their husbands and wives;
- honorary donors of the Russian Federation;
- some categories of Chernobyl victims.
In 2021, a new article was introduced into the Labor Code of the Russian Federation - 262.2. Under this provision, employees with three or more children are now entitled to take leave at a time convenient to them in accordance with their expressed preference.
Who else can rest without working the legally required period of 6 months:
- in the case of adoption of an infant (that is, a child under three months of age);
- In the event of pregnancy, a woman can take leave ahead of schedule, before her due maternity leave or immediately immediately after it.
Furthermore, in accordance with Art. 122 of the Labor Code of the Russian Federation, the employer himself has the right to send an employee to rest at his own expense before the expiration of the six-month period of work.
Last changes
In 2021, the standard procedure for documenting vacation and accruing vacation pay continues to apply. There are no plans for any changes in the near future.
Documenting your vacation is a key step. If violations are detected on the part of employers, the authorized state supervisory body has the right to bring the responsible persons to administrative liability. To avoid fines, it is enough to adhere to the established norms of Russian legislation.
First well-deserved rest
Employees who have changed jobs often ask HR officers when they can take vacation for the first time. The first time you can write a statement in accordance with Art. 122 of the Labor Code of the Russian Federation, provided that the citizen has been working at one enterprise for more than six months. Thus, there is a rule: you must work at a new enterprise for at least six months before you can expect to rest at the employer’s expense. But there are exceptions to it: some categories of workers have the right to rest before the expiration of this period, in particular, citizens under 18 years of age.
Vacation at your own expense
A citizen can take several (the maximum limit is defined only for civil servants - 1 year) days at his own expense. Such time off is provided only upon application and in agreement with the administration, except for the following cases:
- WWII participants have the right to take an additional 35 calendar days off per year;
- working age pensioners - 14;
- working disabled people - 60;
- parents and wives (husbands) of military personnel, firefighters, etc. who died in the line of duty - 14.
In addition, the manager is required to sign an application for 5 days at his own expense in the event of the birth of a child, registration of marriage, or death of a close relative.
For those who are on maternity leave
Scheduled leave as a break from work and maternity leave are different, unrelated periods. They are provided for different reasons, have different durations (28 and 140 days on average), and payment for such periods is made according to different rules. Every employee is entitled to annual rest of 28 calendar days after six months of work at one enterprise; a woman cannot be limited in this right. Maternity leave and parental leave are provided regardless of working a certain period of time before pregnancy.
When do you take leave from a public holiday?
In addition to calendar days of rest, the law provides for holidays. The main difference is that there is no payment for them, but the opportunity to extend the vacation for their number.
If a worker works on a staggered schedule and cannot rest on holidays, they are not taken into account during the next vacation. It is for this reason that it is not advisable to draw up an application on a holiday, since in fact it will be excluded from the calculation of vacation payments.
Despite this, in theory this is not prohibited by the legislation of the Russian Federation, for example, the accrual of funds ahead of schedule. In addition, taking a break from the holiday may seem like a sensible decision if a person is scheduled to go to work.
How to calculate how many vacation days you can get
The calculation is made based on the norms of the Labor Code and by-laws of the Russian Federation. It should be noted that for each full month of work, the employee is accrued 2.33 days of annual paid leave. The calculation is carried out not by calendar, but by working years from the date of taking office. That is, if an employee worked for 6 months, he is entitled to a vacation of 14 days, if 7 - 16, etc. Thus, the right to 28 calendar days appears after working a working year: 12 months.
The length of service that gives the right to long rest includes not only periods of work, but also the time when the employee retained his place, and the period of leave without pay (up to 14 days). This is enshrined in Art. 121 Labor Code of the Russian Federation. Thus, time on sick leave is also included in this length of service.
Legal documents
- Art. 2 Labor Code of the Russian Federation
- Art. 107 Labor Code of the Russian Federation
- Art. 125 Labor Code of the Russian Federation
- 126 Labor Code of the Russian Federation
- Art. 123 Labor Code of the Russian Federation
- 262.2
- Art. 122 Labor Code of the Russian Federation
- Art. 122 Labor Code of the Russian Federation
- Art. 121 Labor Code of the Russian Federation
Break between vacation periods
Many workers are interested in when they can go on vacation a second time. Some people think that this right arises after six months or a year. To understand the situation, you need to refer to Article 122 of the Labor Code.
Leave for the second and subsequent years of employment can be granted at any time of the working year . The legislation does not establish an exact interval. This means you don't have to wait 6-12 months.
But, if the first leave is given at the request of the employee, then the second and subsequent ones are prescribed in a special schedule. The dates of release from work are determined by the company’s management in such a way that the absence of an employee does not cause problems in the course of production processes at the enterprise.
The schedule is approved annually two weeks before the start of the new calendar year. In this case, the opinion of the trade union committee is taken into account. This is stated in Article No. 123 of the Labor Code of Russia. Often, when drawing up a schedule, an employer listens to the requests of his subordinates to provide them with vacation on the desired dates.
In accordance with the provisions of the legislation of the Russian Federation, exemption from work in connection with the next vacation period must be granted annually. But it is possible to postpone the vacation to the next period at the request of the employee or due to production needs.
The exceptions are minors and persons employed in work with dangerous and harmful conditions. They must be granted leave annually and transfer to another long period is not allowed.
This is stated in Article No. 124 of the Labor Code of the Russian Federation. Also, this part of the regulatory document states that it is prohibited not to give an employee annual paid leave for more than two years in a row, even if he himself wishes it.
It should be noted that in addition to the main annual leave, there is also an additional one with preservation of earnings. The list of employees who are entitled to it is enshrined in Articles No. 117-119 of the Labor Code of the Russian Federation. These are persons working in special, dangerous and harmful conditions, with irregular hours.
