The right to receive leave for 28 calendar days

10.06.2019

240

8 min.

Every Russian citizen has the right to paid vacation. It is enshrined in the Constitution, and the terms are determined by law. Today this is a vacation of 28 calendar days, annually provided to a specialist. In some situations, the base period is extended; a smaller number is unacceptable. Provision is carried out according to the organization’s schedule.

Additional paid leave: cases of provision and payment

Additional leave is provided without fail in situations provided for by the Labor Code of the Russian Federation and other federal laws:

workers employed in hazardous and (or) hazardous industries;
working in the Far North and similar places;
minors;
disabled people;
workers with irregular hours;
working in the fields of sports, education and medicine;
for certain types of work of a special nature;
employees of government agencies for military and regulatory purposes;
a circle of people for whom leave is compensation (victims in Chernobyl, Semipalatinsk, etc.).

Additional holidays may also be established by internal regulations.

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If there are additional vacation days, they are summed up in the year with the main vacation to calculate the total duration of annual vacation and the amount of payment for vacation.

Annual paid leave: how many days

According to the Labor Code of the Russian Federation, annual paid leave in normal cases is 28 days a year. During the year, the employee must take part of this period off for a total period of 14 days. The remainder can be used in any way you wish, including individual vacation days.

In some situations, for example, depending on the geographical location of the place of work or due to additional benefits provided to the employee himself, annual paid leave may be increased.

For example, annual leave in 2021, according to the law, is provided to employees under the age of 18 - 31 days a year, working disabled people - at least 30 calendar days, teaching staff - 42 or 56 days, scientific workers with the status of Doctor of Science - 48 days , and candidates of science – 36 working days.

Period of provision of annual basic paid leave

As follows from all of the above, providing leave to an employee is the obligation of the employer, which he must strictly observe. But sometimes situations arise when an employee cannot or does not want to go on vacation.

In this regard, you need to remember that monetary compensation for unused vacation is prohibited by law until the employee is dismissed. The period during which the employee was not on vacation cannot be more than two years.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

However, even in this case, accrued vacation days do not expire; another question is that for the employer such delays are fraught with sanctions from the labor inspectorate.

Because of this rule, a double situation may arise: the employer is obliged to send the employee on leave, even if the latter does not ask for it. Of course, such issues also need to be agreed upon.

Moreover, some categories of employees must take vacation every year. This applies to workers under the age of 18, as well as employees whose activities are carried out in dangerous or harmful working conditions (Article 124 of the Labor Code of the Russian Federation).

This is important to know: Application for unpaid leave: sample 2021

Duration

In 2021, the minimum amount of annual paid leave is 28 calendar days. Certain categories of workers (teachers, doctors, police officers, etc.) are granted extended leave.

The law on vacations also provides for additional vacations under the Labor Code:

for work with the VUS – 7 days;
irregular schedule – 3 days;
for a special character - determined by Decrees of the Government of the Russian Federation.

The new law on vacations in 2021 affected civil and government employees; amendments were made by the Federal Law “On Amendments to Art. 45 and 46 Federal Law “On the State Civil Service of the Russian Federation. Now the vacation of these workers has been reduced to 30 days, regardless of position. Previously it was 35 days.

The calculation of additional days for long service leave has also changed:

from 1 to 5 years – 1 day of vacation;
from 5 to 10 – 5 days;
from 10 to 15 – 7 days;
over 15 – 10 days.

Previously, the rule was 1 year – 1 day.

Additional leave for employees who are not on regular workdays is a minimum of 3 days, and the maximum is determined personally by the employer.

Conditions for calculating material compensation and assistance

Cash compensation for unused vacation is applied upon dismissal. The Labor Code gives the right to compensation for part of the vacation exceeding the minimum amount of vacation.

When summing up vacations or transferring vacations to another working year, compensation can replace parts of vacation exceeding 28 calendar days. Replacing part of the vacation is not the obligation of the parties to the employment contract, but only an obligation, therefore the employer has the right to refuse.

Upon termination of the employment relationship with the employer, the employee receives compensation for vacation not taken; the amount is equal to vacation pay. You don’t have to take compensation, but then you’ll have to take a vacation first.

Conclusion

Currently in the State Duma there are bills on compensation by employers for the expenses of their employees on vacation at resorts in the Russian Federation and on replacing parts of the vacation of state and civil servants with monetary compensation. But for now these are only projects and it is not known whether they will become law. Therefore, it makes no sense to talk about them yet.

To date, labor legislation has not undergone any significant changes for a larger number of workers, regarding vacations. The employee can safely go on vacation this year.

Unfortunately, employers very often violate labor laws, especially regarding the provision and payment of vacation. If the rights of an employee are violated, you must contact the labor department.

In order not to create problems for themselves in the future, the parties must comply with the civil and labor laws of the country.

The procedure for granting leave according to the Labor Code of the Russian Federation

Annual basic paid leave (according to Article 114 of the Labor Code of the Russian Federation) is free time that is provided:

any employee for a certain number of days a year;
without fail;
with saving of working space;
with payment based on the average salary in the previous year.

In order for an employee to go on vacation, some nuances must be observed:

Vacation experience is the minimum time that an employee must work in an organization in order to gain the right to go on vacation.

The general requirements for calculating length of service are set out in Art. 121 Labor Code of the Russian Federation. It includes:

actual time worked;
the time when an employee was absent from work, but his place was retained, including during forced absences and downtime;
the time when the employee was suspended through no fault of his own;
vacation time at your own expense up to 14 days a year.

And the time does not turn on:

on parental leave until the appropriate age;
downtime, absenteeism, suspensions due to the fault of the employee;
vacations at your own expense in excess of 14 days.

According to the norms of the Labor Code (Article 122), the first opportunity for an employee to take basic leave arises after his work experience with a given employer is 6 months. Exceptions may be made:

for pregnant women and women on maternity leave;
minors;
adoptive parents of newborns;
other citizens in cases provided for by federal laws, for example, for Chernobyl victims (clause 5 of article 14 of the law of the Russian Federation of May 15, 1991 No. 1244-I), spouses of military personnel (clause 11 of article 11 of the law of May 27, 1998 No. 76-FZ ).

Further vacations are given in accordance with the vacation schedule approved by the employer for the next year.

The procedure for granting vacations requires that they comply with the schedule. There are 2 options for compiling it:

The schedule shows the exact vacation dates. Then the employer must remind (notify) the employee about the vacation against receipt no later than 2 weeks before it starts (Article 123 of the Labor Code of the Russian Federation).
The schedule shows only the month of vacation. Then the employee should write a statement indicating the start date of the vacation, and the employer should notify the employee about the start of the vacation from the specified date. The deadline remains the same (minimum 2 weeks).

According to the Labor Code of the Russian Federation, vacation can be postponed due to serious production needs. It should be borne in mind that transferring vacation to the next year is possible only with the consent of the employee.

Is it possible to reschedule an employee’s vacation if it falls on non-working days declared by the president due to the spread of coronavirus infection? How to prepare documents correctly? ConsultantPlus experts prepared answers to these and other questions:

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Unscheduled leave may be granted to the same categories of employees who are entitled to leave granted without completing the minimum required length of service.

For more information about drawing up a vacation schedule, read the article “Vacation schedule - form and sample for filling out in 2020.”

The leave is formalized by an order, which the employee reads against signature.

The form and example of the order are given in the material “Order for annual paid leave - sample and form” .

How many days of vacation are allowed per year?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example.

Manager Ivanov A.K. wrote an application for leave for the period from June 18 to June 24, 2021.

June 24 and 24 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

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.

Example of calculating vacation period

Slovenia:

The employee has worked a full year and wants to take all the required vacation days.

His position is not classified as special; the employee himself is also not included in any category for which additional guarantees are provided in the form of additional days of vacation.

In this regard, he can only claim for 28 days.

The employee wrote an application for annual leave from May 1, 2018 for 28 calendar days. When does he need to go to work?

Solution:

If there were no holidays in May, then the employee would have gone to work on May 29, that is, he would have rested exactly 4 weeks according to the calendar.

But there are two holidays in May: May 1 and May 9. In addition, Monday May 2 is also a day off in 2021, since Sunday was moved to this day from January 7 due to the holiday falling on it. These terms will change the calculation.

Holidays are not included in the annual leave period and extend the rest period. That is, the date of going back to work needs to be shifted by the number of holidays.

It is important that postponed weekends due to holidays are not grounds for extension.

Thus, in this example, you need to go to work 2 days later - May 31. In fact, a person will rest for 30 calendar days, but according to the law, annual leave of 28 days is used.

Additional leave for hazardous working conditions in 2021

in harmful and (or) dangerous working conditions, confirmed by workplace certification carried out before January 1, 2014;
in hazardous working conditions of 2, 3 or 4 degrees or in hazardous working conditions confirmed by a special assessment of working conditions carried out after January 1, 2014.

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.

This is important to know: Vacation compensation or vacation pay: which is more profitable?

Terms and features of payment of vacation benefits in accordance with the Labor Code of the Russian Federation

It is also not very convenient to make a payment earlier than three days in advance. Various circumstances may arise in which going on vacation will have to be postponed (for example, illness). Therefore, it is optimal to accrue and pay vacation pay 3 days before the start date of the vacation.

If the third day is a weekend or non-working day, the payment must be made taking this into account, that is, 4 or 5 days in advance. If the payment is made not through a cash register, but by non-cash transfer to a bank card, you need to take into account the working hours of banks. You may have to make the transfer earlier than 3 days before the start date of your vacation.

Calculation of work experience

In order to understand how many vacation days are allocated, you need to take the employee’s length of service in a particular company as the basis for the calculation. When calculating work experience, the following important points must be taken into account:

the period of being at work and performing primary duties or absence due to a business trip;
a period of illness or unpleasant circumstances during which the worker retained his earnings. For example, paid vacations, holidays and weekends;
a break in work due to removal from position (this rarely happens);
break due to lack of permission to work for medical purposes. testimony that arose through no fault of the employee;
use of unpaid leave.

It is also necessary to highlight periods that do not relate to length of service and are not taken into account when calculating official leave:

employee absenteeism or no-show;
removal from duties due to alcohol intoxication, refusal to undergo medical examination. examination, the presence of contraindications associated with a threat to life, the expiration of a contract granting the right to perform specific duties, but in such a situation the boss must temporarily involve the worker in performing other duties;
absence from work due to the birth of a baby and caring for him.

The days that the employee spent in hazardous work or in aggressive conditions are taken into account separately.

Dividing vacation into parts

Features of providing extended leave to education workers

Leave for workers engaged in practical or theoretical educational activities has always been longer than standard. According to modern legislation, these employees receive rest time of the following duration:

Employees	Duration of vacation, days.	Explanation
Working in preschool and general education institutions, additional education organizations	42 or 56	The number of days depends on the employee’s position and the type of educational organization where he works. full information
Candidates of Science Doctors of Science	36 48	Working days are counted, not calendar days. Scientists work on the staff of research organizations funded from the federal budget: see here

Important! For employees of scientific government institutions with scientific degrees, extended leave is taken not on calendar days, but on working days.

How long is an employee’s vacation, including weekends and holidays?

Weekends falling within the vacation period are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 15 to June 21, 2021. June 20 and 21 are days off. Accordingly, the employee must be given leave for 7 days and all 7 days must be paid.

Unlike regular weekends, holidays and non-working days are not included in the duration of vacation and are not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. writes an application for June 8-15 - 8 calendar days, only 7 calendar days will be counted and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Working year concept

To correctly calculate the duration, you need to understand what a working year is, since 28 days are not based on a calendar period, but rather on a working annual period.

The calendar year is considered to be from the beginning of January to the end of December.

A worker is recognized as a year, which is calculated from the date of employment in a specific company and ends on the day preceding this date, taking into account the past year.

This rule applies to cases where there were no periods excluded from the vacation period in the year.

Example:

If an employee got a job on March 10, 2021, then in the absence of unaccounted periods, the employee can claim a vacation duration of 28 days for the temporary period of work in the organization from March 10, 2021 to March 9, 2021.

If there are excluded periods, they postpone the end of the working year by the corresponding number of days.

Events that are not included in the vacation period are prescribed in Article 121 of the Labor Code of the Russian Federation, as well as in a number of other articles.

The length of service giving the right to the established minimum duration of leave does not include:

time off at your own expense for more than 14 days per year;
care for children under 3 years of age;
absences without good reason;
denial of access to duties if this is the employee’s fault, for example, he did not undergo a doctor’s examination due to his own fault, or did not undergo training.

Example:

The employee was hired on April 20, 2021, and was on leave without pay for 28 days in July. The working year will last from April 20, 2021 to May 3, 2021, that is, the end date is shifted by 14 days, which excludes the length of service.

Vacation: number of days according to law and local regulations

The specified duration of vacation - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be specified in the collective agreement, local regulations of the organization (for example, internal labor regulations) or directly in employment contracts with employees.

It is important that the costs of paying for such additional vacation days cannot be taken into account for profit tax purposes (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, personal income tax will need to be withheld from the amount of their payment and insurance premiums will be charged (clause 2 of Article 226 of the Tax Code of the Russian Federation, clause 1 of Article 420 of the Tax Code of the Russian Federation).

At the same time, certain categories of employees are required by law to be granted longer vacations. Read below about how many days of vacation they are entitled to per year.

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.

How many days is “northern” vacation according to the law?

How many days does a northerner's vacation last? Usually more than for non-northern workers. After all, “northerners”, firstly, are provided with basic annual paid leave - of standard duration or extended in the above cases. And secondly, they are granted additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

in the Far North - 24 calendar days;
in areas equated to the regions of the Far North - 16 calendar days;

By the way, both regular annual paid vacations and extended, as well as additional “northern” vacations can be provided to employees in advance (Article 122 of the Labor Code of the Russian Federation).

This is important to know: Cancellation of leave due to dismissal

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: An employee fell ill while on vacation: how to register and what the HR manager should do

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.

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

In order to find out how many days of vacation each employed Russian is entitled to per year, it is enough to open Article 115 of the Labor Code of the Russian Federation. It follows from this that annual paid leave must be at least 28 days. Does everything seem obvious? But in fact, there are still additional days and even vacations that some categories of citizens can count on. Vacation can be divided into parts, and sometimes (only in special cases) you can receive monetary compensation instead. Let's take a closer look at how exactly all this happens, how vacation is distributed, the number of days according to the law is minimum or, conversely, maximum.

What days are vacation days considered, calendar days or working days?

Article 105 of the Labor Code of the Russian Federation contains important information that absolutely every employee of the company has the right to regular registration of standard leave, regardless of the name of the position held by a subordinate, as well as other factors. Naturally, we are talking exclusively about those workers who were employed in one or another organization officially. This procedure involves making a corresponding entry in the work book of an individual, signing an official contract, as well as regular deduction by the employer of insurance premiums established by law for each employee.

The procedure and some nuances of calculating the vacation period still cause numerous disputes and discontent. In particular, many believe that vacation should include exclusively working days. This opinion is quite understandable, because we don’t work on weekends anyway. Consequently, the fact that they fall during the vacation period does not benefit us at all.

However, despite all the above disputes, existing legal norms cannot be violated. And they contain clear instructions that each vacation period consists exclusively of calendar days, and not working days.

On the other hand, slightly different rules apply to situations in which vacation falls on official public holidays. In this case, such days cannot be included in the total vacation period. This means that a citizen’s vacation must be extended by the number of holidays that fell during the rest period.

As for the procedure for granting leave, all norms must be strictly observed by the employer. Moreover, the established rules are mandatory for compliance with the norms at all times, regardless of the duration of the rest period issued by the subordinate, as well as other additional factors.

Additional days from management

Labor legislation allows the heads of organizations to set extended leave for employees (we already know how many days the 2021 law requires as a minimum). The maximum must be specified in the local acts of the employing organization:

collective agreement;
employment contracts;
internal regulations.

The legislation does not prohibit the employer from differentiating the duration of rest depending on professions and positions. The main thing is that such additional rest should also be paid. But if the employer has the right to attribute basic vacation pay to a decrease in profit, then this is impossible with additional ones. According to the norms of clause 24 of Article 270 of the Tax Code of the Russian Federation, they can only be paid at the expense of the organization’s profit. Such vacation pay is subject to insurance premiums and personal income tax on a general basis.

How to apply?

The vacation schedule is drawn up taking into account the desired vacation time of all employees.

However, the employer is not obliged to take into account the wishes of employees, since the main function of this document is to ensure the normal functioning of all structural divisions of the organization.

There is no form established at the legislative level for filling out the vacation schedule, so the employer himself determines exactly how this document will look. It is certified by the head of the personnel department and assigned to the head of the organization.

Certification of the vacation schedule with a seal is not required.

An application for additional leave is issued if the vacation schedule does not specify a specific period for providing leave, the employee is not indicated in it at all, or he is not satisfied with the rest date chosen by the employer.

In turn, the employer or an official authorized by him to do so draws up an order to grant leave or a memo about it. It is worth noting that these 2 documents are equivalent and the final choice in this case depends on the decision of the employer.

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.

When can you take a vacation?

After 6 months of continuous work with a particular employer, the employee receives the right to paid leave. An employee can request leave from the employer before this period. In this case, vacation is not calculated in proportion to the time worked, but is provided in full, and the employer pays for all days of vacation .

An employer does not have the right to impose a vacation of 14 calendar days on an employee. If the employee subsequently quits before a year has elapsed from the start of employment, the portion paid for the excess leave granted is withheld .

In subsequent years of work, vacation is provided in accordance with the vacation schedule , which is drawn up taking into account the wishes of the employee. Study leaves do not have any impact on the main leave.

In conclusion, it can be noted that an employee can demand that the employer provide him with full leave - no matter how long it may be. The employer cannot refuse to satisfy his legal requirements.

Division of vacation is allowed only by mutual agreement of the parties.