Article 115 of the Labor Code of the Russian Federation. Duration of annual basic paid leave

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The right of every officially working citizen to go on annual leave is enshrined in law. Thanks to this, in the event of violations, employees can defend their own interests, relying on regulatory documents. They clearly define the procedure for submission and deadlines. Information on duration is contained in Article 115 of the Labor Code of the Russian Federation.

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:

1. 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.

1. 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.”

1. 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” .

Who is eligible for extended leave?

Some categories of employees have the opportunity to receive not a standard vacation with pay, the duration of which reaches 28 days, but a slightly extended vacation. To extend the duration of the annual basic extended paid leave, the employee must belong to one of certain work categories:

• employees of organizations who have not reached the age of majority have the right to receive leave of 31 calendar days;
• persons who work as prosecutors, serve in scientific and pedagogical organizations in educational organizations of the state prosecutorial system receive a leave of 30 calendar days;
• persons who serve in a state civil organization, and also occupy high management positions, have the right to use a period of 35 calendar days for vacation;
• employees of enterprises who have a certain disability group can use vacation of 30 calendar days;
• employees working in positions that involve performing work using heavy chemicals or heavy chemical weapons receive leave of 49 or 56 calendar days, taking into account the level of harmfulness and danger of the work.

Extended annual paid leave is provided to all employees who are engaged in scientific and educational work in educational and scientific institutions. The duration of the main leave with pay for employees of the teaching field is calculated in a special manner.

In the vast majority of cases, the duration of vacations for teaching staff can vary from 42 to 56 calendar days during the working year.

Model legislative provisions of the labor code offer a list of teaching staff who are entitled to receive extended paid leave. These provisions are drawn up for each educational institution, taking into account the type of institution, its type, staff of researchers, as well as the availability of additional funding from the state budget.

Additional extended paid leave for employees of federal educational institutions is usually 56 calendar days for all persons who have a scientific degree of Doctor of Science, and also includes leave of 42 days for all citizens who have been awarded the title of Candidate of Science.

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How long is the vacation?

The duration of the main paid leave must be at least 28 calendar days per year (Article 115 of the Labor Code of the Russian Federation). A longer holiday can be set:

• federal legislation for certain categories of workers;
• internal regulations of the enterprise (for example, a collective agreement).

Important! By agreement between management and the employee, leave can be taken in parts, provided that at least one part lasts at least 14 days. Find out how you can split your vacation into parts here.

The duration does not include (vacation for these periods is extended):

• holidays;
• days of illness.

Vacation days are reflected separately in the working time sheet.

Read more about this in the article “Working time sheet - form T-13 (form)” .

Article 120. Calculation of the duration of annual paid leave

The duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling during the period of annual main or annual additional paid leave are not included in the number of calendar days of leave.

When calculating the total duration of annual paid leave, additional paid leave is added to the annual main paid leave.

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When should vacation be paid?

As a general rule, vacation pay must be issued to the employee no later than 3 days before going on vacation.

See : “If vacation starts on Monday, you cannot issue vacation pay on Friday.”

In practice, exceptions are possible (for example, an employee is immediately given a part of paid leave, and the money is paid the day before), but the procedure for such situations is not established by law. That is, the inspection authorities may regard it as a violation.

See: “Emergency leave by an employee may result in a fine for the employer.”

Calculation of payments

According to the labor code, the entire duration of the main vacation time must be paid. The individual will go on vacation depending on the paper drawn up, which lists the dates of each employee. The cash calculation will be carried out by an accountant, so the employee does not need to calculate anything on his own. But if you are interested or want to check the company’s calculations, you can try to personally determine the amount of vacation pay.

First you need to calculate the average daily salary. To do this, take the income for the year, taking into account bonuses and other payments, after which the amount is divided by 12. The resulting result must be divided by 29.3, because this indicator is considered the average number of days in a month.

Having determined the daily salary, you will need to multiply it by the number of days allocated for rest. The resulting amount means the amount of vacation pay that will be given to the person. But it should be taken into account that tax will also be withheld from them, so the final payment will be slightly less.

We would like to remind you separately that the employer does not have the right not to allow a person to go on legal vacation. Moreover, such behavior is not acceptable if the employee has not taken time off for two years. Therefore, if this happens, then you can file a complaint with a government agency. You should refer to the labor code, which clearly states the provisions regarding vacation time. The law will be on the employee’s side, because he has every right to rest.

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.

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.

What is basic paid leave?

Regardless of where and with whom you work, the Labor Code , in addition to the right to work, also guarantees you the right to rest.

Basic leave is a period of rest that is provided to all employed citizens without exception. If, after getting a job, you have drawn up an employment contract, thereby fixing your employment relationship with the employer, then rest assured that you are entitled to basic leave.

Basic vacation involves not only providing days of rest, but also paying for them. This means that when swimming in the sea or relaxing in the mountains, you will receive money from your employer (so-called vacation pay). The employer pays vacation pay before the rest period, based on your application.

The amount of vacation pay is calculated based on average earnings. This means that the payment for 1 day of rest is as close as possible to the salary for 1 working day.

Results

Annual leave is mandatory for each employee after a certain period of work with the employer giving the leave. In some cases this period may be shortened. When employees go on vacation during each calendar year, it is regulated by the vacation schedule approved for that year.

The duration of full annual leave is 28 calendar days, but can be increased by additional days provided. Persons of certain categories are given additional leave without fail. Vacations may be split into parts.

Vacation pay is paid no later than 3 days before the start of the vacation. Their calculation is done for the actually used number of vacation days by multiplying them by the average daily earnings. The latter value is calculated from the income received by the employee at the place of receipt of leave for the 12 months preceding the month of going on leave, and taking into account the legally established average number of months per year. Vacation pay when the billing period is not fully worked out occurs according to a special formula.

Sources:

• Labor Code of the Russian Federation
• Decree of the Government of the Russian Federation dated December 24, 2007 N 922

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The influence of experience

The topic of “vacation duration” is often raised, because there are many points that can affect the vacation according to the schedule. By the way, length of service can also affect time off in a certain way, and now we’ll look into this in more detail.

Many people know that in order to receive a full 28-day vacation period, you need to work at a particular enterprise for at least a year. Moreover, the period can be extended if during this time there were moments that are not counted towards the length of service. However, such a rule does not mean that a person will have to wait a year before going on vacation. It is possible to use the main leave after 6 months by agreement with your superiors. You can also even take time off ahead of time “in advance” if the manager does not mind. Moreover, those days on which the person will be absent are fully paid.

There are certain citizens whose application for leave before the expiration of six months must be approved. And the employer must take this into account so that later there are no problems with the law. These include the following individuals:

1. Minors.
2. Pregnant women and in some cases their husbands.
3. People who adopted a baby under three months old.
4. Part-time workers who were given rest at their main workplace.
5. War veterans.
6. Honorary donors.
7. Spouses of military personnel, if their husbands are currently on leave.
8. Individuals who were exposed to radioactivity due to the Chernobyl disaster.

It also happens that a person works under an employment agreement, the duration of which is up to two months. He will also have the right to a vacation period, and two days off are given for each month. Payment is also due according to generally accepted standards.