How to correctly calculate how many vacation days an employee is entitled to per month of work - examples

A person needs time to regain his strength, so on a weekly basis people are given days off (Saturday and Sunday in a forty-hour week), and on an annual basis they are given vacation. Regulatory documents in the field of working relationships provide employees with the right to rest.

Labor legislation regulates the process of calculating the number of vacation days per month of work.

Attention! The legal right of a working person to leave is prescribed in Chapter 19 of the basic law in the field of labor - the Labor Code of the Russian Federation. This part of the document describes rest periods and everything connected with them (basis, calculation).

Per month

It is important to understand how many vacation days accrue per month. For a whole calendar year of work equal to twelve months - 28 days. The estimated figure is obtained by dividing the rest period by the number of months in a year. The number of vacation days per month worked is 2.33.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

A citizen cannot go on vacation every month, the days accumulate, and in the future they are provided upon written request when drawing up the appropriate administrative order. Main regulatory documents:

• Labor Code with comments and explanations.
• Approved vacation schedule. When the head of the organization and the newly hired employee have agreed on the latter’s work and rest time, the table should be supplemented with new data. A person who gets a job after drawing up a vacation schedule for company employees will have to take into account the wishes of other colleagues, except in legal situations where he has a priority right to grant annual or additional leave.
• Labor contract. If the document is concluded for a period of up to two months, then the vacation is calculated based on two days for each month of activity.
• Collective agreement.

Useful video

How many days of vacation accrue for each month worked - see the answer in the video:

An employee with a minimum vacation length of 28 days can receive 2.33 for each month worked. If the duration of rest is longer, then the monthly duration increases. You can calculate the allotted rest time by dividing the total annual number of main and additional days by 12.

After six months from the date of hiring, you can apply for at least 14 vacation days, and by agreement with the employer you can receive a full annual vacation in advance. However, you need to be careful with overpaying vacation pay, since in the event of a possible dismissal before the end of the year, it will be quite problematic to keep the money.

Rest at your own expense and maternity leave

In each working year of an employee, the vacation that he took at his own expense is also taken into account. This period should not exceed 14 days. If he rested for a longer period of time at his own expense, the additional days will not be included in the calculation as worked.

Maternity leave is included in calculations as a month or more worked. However, after the birth of a child, if a woman takes leave to care for him, this period will not be included in the length of service. The exception is when a woman works part-time. Moreover, every month that she spent caring for and raising a child is considered as worked.

An example of calculating vacation pay provided in working days

Pavel Vilkin will go on vacation from February 11, 2021. Calculation period: from February 1, 2021 to January 31, 2021. Vilkin did not work in this organization during this period. He was hired on February 3, 2020. In this case, the estimated period will be from February 3, 2021 to February 10, 2021.

Vacation pay can be accrued on any day, starting from the date the vacation order is issued. For example, the manager signed the order on June 17, 2019, but the employee’s vacation will begin only on July 4. You can accrue vacation pay on June 17, or later. The main thing is that vacation pay is paid within strictly established periods.

How to apply

To go on temporary vacation, first of all, you need to determine specific dates. In most cases, they must be agreed upon with management in advance. You must write an application 14 days in advance and submit it to the HR department. Here, authorized employees must write an order addressed to the employee.

Since many people prefer to relax in the summer, companies usually create a vacation schedule, and each employee plans their free time based on it. Having a schedule has its benefits not only for company management, but also for employees. After all, in this case the likelihood of labor disputes is reduced. There is no need to discuss dates with management, there is no need to seek a compromise. In this case, the employee is confident that it is during this period of time that he will definitely be able to go on temporary leave. If there is a schedule, the manager is obliged to inform each employee about the approaching vacation date two weeks before it. The notification must be in writing. If the employer has not done this, the employee has every right to reschedule the date to any time convenient for him.

Labor Code of the Russian Federation - vacation after six months of work

This is an employee's right, but it should always be discussed with the employer. It should be noted that the application is written in free form and in handwritten form.

Although many employers allow the text of the application to be typed on a computer and signed.

The submitted sample is correctly formatted and complies with the regulations on office work.

This is important to know: How to properly fill out a vacation application: sample 2021

Management failure

If the boss refuses to take leave (this means annual paid leave), and you can’t come to an agreement with him, you need to write a complaint and submit it to the labor inspectorate (state or city). After accepting a complaint, authorized employees are usually asked to submit papers confirming the fact of management’s refusal. The application you submitted to the HR department should be used as such evidence.

If the employer refuses to accept your application, send it by mail. It is better to send it by registered mail with an inventory addressed to the employer. At the post office you will be given a “stub”, which will serve as proof that you sent the application to your boss. This may come in handy if the case goes to trial. Not only individual employees, but also the entire workforce have the right to file a complaint, regardless of how many people want to take leave.

On our website you can get a completely free consultation with a professional lawyer!

Calculation of vacation pay for days not fully worked

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

In Art. 114 of the Labor Code of the Russian Federation states that every employee who is officially employed has the right to leave. The duration of leave on a “general” basis is 28 calendar days. But there are categories of workers who have the right to additional leave.

How to calculate the days of the billing period for vacation

In practice, it rarely happens that an employee works completely for 12 calendar months. He may be sick, go on a business trip, or take another vacation. That is, to have days in the billing period when average earnings were accrued to him. These periods are not included in the calculated time for vacation pay.

In addition, one must assume that the month has not been fully worked out in the following situations:

• In a given month, the employee has 4 days of sick leave, but he worked 4 Saturdays. There are 22 working days in this calendar month, and the employee worked 22 working days. But the month cannot be considered fully worked, since sick days are not taken into account when calculating average earnings. And it doesn’t matter that the employee had overtime;
• the employee got a job on January 9, immediately after the New Year holidays. For January he was paid his full salary, since he worked all working days in that month. But such a month cannot be considered fully worked, and it does not matter that from January 1 to January 9 there were days off.

Calculation of vacation pay in 2019-2019, examples of calculation for a full and partial month

Most often you have to deal with incomplete work.

The employee has worked for the employer for less than 1 year and is now going on vacation.

An example of a calculation if the working period was not fully worked due to sick leave and vacations.

The procedure is quite complex, so let's look at an example. Our example shows that Kuzkina worked 10 months a year (one month was on vacation, and the second was on sick leave). She has 3 calendar days in July 2015, plus another 20 calendar days in November.

ATTENTION! When determining the amount of vacation pay, it is necessary to use the new coefficient - 29.3. TOTAL for 8 months worked she was accrued: 20,000 + 15,000 + 5,000 +15,000 + 25,000 + 35,000 + 5,000 + 10,000 rubles = 130,00 rubles

TOTAL for 8 months worked she was accrued: 20,000 + 15,000 + 5,000 +15,000 + 25,000 + 35,000 + 5,000 + 10,000 rubles = 130,00 rubles.

We use the new coefficient 29.3 when calculating vacation pay: examples of calculations for beginners

Previously (before April 2), this value was calculated taking into account 12 holidays and amounted to 29.41 days. = (365 days - 12 days): 12 months.

The value was rounded down and amounted to 29.4. It turns out that the change in the coefficient is quite justified. Legislators simply brought its value into line with the number of non-working holidays per year.

To calculate vacation pay, it is necessary to determine the employee’s average daily earnings. To do this, as a rule, it is necessary to take into account the values ​​of two indicators: - the billing period (in general, this is 12 full calendar months preceding the month in which the vacation begins); — earnings for the billing period.

At the same time, to calculate the average daily earnings, you need to take into account: - whether the billing period has been fully worked out; — on what days (calendar or working) vacation is granted. Let's consider options for providing vacation in calendar days

(If leave is granted in working days, then the average daily earnings are calculated by dividing the amount of actually accrued wages by the number of working days according to the calendar of a 6-day working week - clause 11 of Regulation No. 922). If the entire pay period has been worked and vacation is provided in calendar days, then the following formula is used to calculate the average daily earnings (Part.

4 tbsp. 139 of the Labor Code of the Russian Federation): Average daily earnings = earnings for the billing period: 12: average monthly number of calendar days During the billing period, the employee could, for example, be on vacation at his own expense. This time is excluded from the billing period (clause 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922, hereinafter referred to as Regulation No. 922). The formula for calculating average daily earnings in such a situation will be as follows: Average daily earnings = payments that are included in the calculation of average earnings: (average monthly number of calendar days × number of fully worked months + number of calendar days worked in partial months) Let us give examples of calculations.

Yes, it should, according to the Ministry of Labor (letter dated May 15, 2014 No. 14-0/B-363).

Officials reported that on April 1, vacation pay is calculated using a coefficient of 29.4 (360,000 / 12 / 29.4 x 1 = 1020.41 rubles), for other days - using a coefficient of 29.3 (360,000 / 12 / 29 .3 x 13 = 13310.58 rub.). April 2, 2014 is the day the employee was dismissed.

How many days of vacation are due in one month of work? calculation examples

1. employed in hazardous and hazardous industries;
2. minors;
3. disabled people;
4. having irregular working hours.

Employees also receive additional days of rest for periods of business travel, temporary disability, or passing a test at a university.

Rules and procedure for calculating vacation

• the time when the employee retains the right to receive the average salary;
• the time when the employee was on sick leave or on parental leave;
• days off with pay, which are allocated for caring for the disabled;
• the period of release of the employee from work (absenteeism, downtime, etc.).

Russian Government Decree No. 922 dated December 24, 2007 addresses issues related to the calculation of average daily earnings. It states that the calculation of the average salary per day must be carried out taking into account all payments that relate to remuneration for labor.

Primary Menu

The annual basic paid leave in Russia is 28 calendar days. This is stated in the Labor Code of the Russian Federation. This is basic leave, which is due to everyone who has worked for the company for 11 months. Exactly 11, not 12. Because the twelfth month will be a vacation.

How to calculate the number of vacation days

To answer the question of how to calculate the number of vacation days, you need to have an idea of ​​the individual working year and personal vacation history. By virtue of Art. 122 of the Labor Code of the Russian Federation in the first year of employment, the right to use vacation arises after six months of continuous work of an employee with a particular employer. Moreover, by agreement of the parties, the provision of paid leave may take place before the expiration of this period. Vacations for subsequent years of employment can be granted at any time during the working year according to the established schedule. Accordingly, each employee has an individual working year. In this case, the number of vacation days for the period worked is calculated taking into account the so-called vacation experience, which provides the right to vacation. If during the individual year there were periods to be excluded from the calculation of vacation experience, then the end of the individual working year is postponed.

If you need to calculate vacation days, then you need to ensure that the following is included in your vacation experience:

1. actual work time;
2. the time when the employee did not work, but his job was retained in accordance with labor legislation, including periods:
   holidays;
3. annual leaves subject to pay;
4. days off;
5. rest time provided to employees in accordance with the Labor Code of the Russian Federation;
6. unpaid rest periods (less than two calendar weeks during an individual working year);
7. removal of employees from work due to the inability to undergo mandatory medical examinations through no fault of theirs;
8. forced absenteeism.

The following periods are not subject to inclusion in the vacation period:

1. leaves granted to care for children until they reach the age specified by law;
2. absence of an employee from the workplace without valid reasons (including removal from the performance of labor functions on the grounds of Article 76 of the Labor Code of the Russian Federation);
3. unpaid vacations lasting more than 2 calendar weeks.

It should be taken into account that the vacation period, which provides the right to annual additional leave, subject to payment as a result of the employee’s work in harmful conditions, includes exclusively the period actually worked in the mentioned conditions.

The labor legislation of the Russian Federation does not provide for the possibility of providing annual paid leave in an incomplete amount proportional to the period worked. Thus, the annual basic paid leave must be provided in full (of the established duration, which, by virtue of Article 115 of the Labor Code of the Russian Federation, is 28 calendar days).

It should be taken into account that in the process of calculating the total duration of annual paid vacations, the summation of the main vacations with additional vacations is made, which is regulated by Art. 120 Labor Code of the Russian Federation. To calculate vacation days for which compensation is due upon dismissal on the basis of Art. 127 Labor Code of the Russian Federation. The following algorithm is used:

1. The vacation period for granting vacation is calculated. The calculation is carried out in full months for the entire period of the employee’s employment in the organization. Moreover, if there are less than 15 days in an incomplete month, they are not taken into account, and if there are more than 15, then the period must be rounded up to the whole month.
2. The total number of vacation days due to the employee for the period worked in the organization is calculated.
3. The total number of days of vacation actually granted to the employee for the entire period of work is calculated.
4. The number of vacation days that were not used is calculated (the calculation is carried out by subtracting point 3 of this algorithm from point 2).

Calculation examples

What situations might a specialist encounter when calculating the amount of vacation pay? Let's look at some examples:

Example 1

Example 3

The engineer got a job in October 2015, and in April 2016 he plans to exercise the right to take vacation (28 calendar days). The engineer's salary is 35 thousand rubles; in January 2021, the employee received a bonus of 10 thousand rubles in connection with his 50th anniversary. In addition, he received compensation for travel for two months in a row - 500 rubles. How much vacation pay can an engineer expect?

For what period is leave granted, and from what day is it calculated?

Chapter 19 of the Labor Code of the Russian Federation is devoted to issues regulating the determination of the duration, payment and other details of employees’ annual rest. According to Article 115 of the Code, each employee is entitled to rest at least 28 calendar days annually. Payment for time outside of work in the company is the responsibility of the employer.

However, labor legislation leaves reservations that provide for the possibility of going on paid leave for the previously designated six-month labor service:

• in agreement with the employer;
• minor employees;
• women before or immediately after maternity leave;
• for husbands while the wife is on maternity leave;
• guardians or adoptive parents of a child under 3 months old;
• one of the parents of a disabled minor child;
• for an employee working part-time , if time for rest at the main place of work is approved for the required period.

When does the right to leave arise?

The norms of Art. 122 of the Labor Code of the Russian Federation defines the procedure according to which annual vacation is provided:

1. Leave is required for every year worked. Monetary compensation for the time required to restore health is unacceptable;
2. the right to use days on account of the next vacation arises after six months of work;
3. The manager, regardless of the time of employment of the employee, is obliged to provide leave upon application:

• if this is a minor employee;
• an employee is preparing to become a mother, or wants to take annual leave after giving birth;
• at the request of employees who have adopted a baby under 3 months of age;
• Other cases are also possible, which may be provided for by various Federal laws in the Russian Federation.

It is important to take into account that the manager’s right and obligation to provide rest upon application are different.

For example, after six months, the boss may not sign a leave application for a newly hired employee due to production needs, while he does not have the right to refuse leave to a woman going on maternity leave or an employee who is under 18 years old.

Calculation of vacation for each month worked

The subsequent calculation of vacation seems quite simple, but there are a couple of small pitfalls related to the actual time worked. To determine the number of months during which an employee worked for the benefit of the company, a number of points should be taken into account:

1. Determination of the period subject to working for less than a full month . In this case, the rounding rule applies. If an employee leaves a position after working less than 15 days of the current period, then the month is not counted towards the length of service. Accordingly, if the number of days worked is more than 15, then this month is taken into account when calculating the length of service.
2. Periods of temporary disability caused by the illness of the employee himself are included in the vacation base . But sick leaves issued to care for a child or relative are the basis for deducting days from the actual vacation period.
3. Vacations at your own expense . If the employee took less than 14 days at his own expense, then these days are included in the calculation base. If the rest period exceeds 14, then such leave is not included in the length of service for calculation.
4. Days of maternity leave . So-called maternity leave in everyday life consists of two legally approved types of rest: for pregnancy and childbirth - included in the period for determining the duration of leave; for caring for a child until he reaches a certain age (one and a half or three years) are not included in the calculation base.

Having determined the length of service actually worked by the employee, we multiply the result by 2.33 and obtain the value of the rest period required by the employee under labor law.

Currently, it is possible to calculate the length of the vacation period using online calculator services for HR officers and accountants. Automation of the process greatly simplifies the procedure. Nevertheless, the importance of the order in which the basic units necessary for the final result is determined remains invariably relevant.

This is important to know: Application for compensation for unused vacation: sample 2021

Compensation for leave upon dismissal

It refers to the full period of work at the enterprise, for which annual rest is due in accordance with the Labor Code of the Russian Federation. The working year for each person in a particular organization begins from the day of admission. If from this date a person has worked for 11 months or more, then he has earned the right to full leave and appropriate compensation. Experience includes:

• Art. 133 – determination of the minimum acceptable salary;
• Art. 136 – terms and process of calculating wages;
• Art. 137 – restrictions on delays in payment of wages;
• Art. 139 – establishing the average salary;
• Art. 142 – responsibility for issuing wages to employees of the organization;
• Art. 152-154 – features of calculating wages for overtime work, activities on holidays and at night;
• Art. 157 – salary to employees in the event of temporary downtime in production.

ANSWER: No, that's not correct. The notice period for dismissal must be counted from the day following the day the employer receives the employee’s resignation letter (Article 80 of the Labor Code of the Russian Federation). Therefore, if the employee submitted the application on February 7, 2011, the two-week notice period will not expire on Sunday, February 20, 2011, but on Monday, February 21, 2011.

Rounding the number of unused vacation days is not provided for by law, but is not prohibited either. According to the Ministry of Health and Social Development of Russia, the organization has the right to decide on rounding (Letter of the Ministry of Health and Social Development of Russia dated December 7, 2005 N 4334-17). But in this case, rounding can only be done in favor of the employee, for example, 2.33 - up to 3 calendar days. Otherwise, the employee’s position worsens (Articles 8, 9 of the Labor Code of the Russian Federation).

The right to vacation accrues to an employee every working year. A working year is a period consisting of 12 calendar months during which the employee actually performed his labor functions or retained his place of work in accordance with labor legislation (Article 121 of the Labor Code of the Russian Federation). According to Article 121 of the Labor Code, the vacation period includes the vacation itself.

And its duration is almost a month – 28 days. Thus, full compensation is paid to an employee who has worked in the organization for 12 months, including a month of vacation. The same idea is expressed in the Rules, only in different words: full compensation is paid to an employee who has worked in the organization for at least 11 months, which are subject to credit towards the period of work giving the right to leave (clause 28).

However, the author does not agree with the opinion of officials and judges and believes that the rules on full compensation should apply to all employees dismissed on the grounds specified in paragraph three of paragraph 28 of the Rules, regardless of how long they have been working for a given employer, if in the current their work experience is more than 5.5 months in the working year.

The arguments in favor of this point of view are as follows. Clause 28 of the Rules exhaustively lists cases of payment of not only full, but also proportional compensation. The Rules do not contain provisions according to which employees who have worked for more than a year are always paid proportional compensation for unused vacation.

They generally do not have separate legal regulation of the payment of compensation for unused vacation to employees who have been working for the employer for several years. Therefore, the choice between full and proportional compensation should not depend on the working year in which the employee quits.

Separately, it is necessary to mention the peculiarities of determining the number of months of an employee’s vacation period. When calculating the periods of work that give the right to leave, surpluses amounting to less than half a month are excluded from the calculation, and surpluses over half a month are rounded up to a full month 10. At the same time, it is not specified what should be understood by half a month.

• On procurement in 2014 by budgetary institutions in accordance with the Federal Law of 1...
• On supplementing the 2015 schedule with a purchase, the execution of which will be carried out in 2021, with the conclusion...
• The purchasing organization submitted a VAT return for the third quarter of 2015. The tax authority, conducting...
• Is the taxpayer entitled in 2021?

We suggest you read: Liquidation of an enterprise: payments to employees
If dismissal occurs at the initiative of the management of a company or organization, then compensation for vacation is also required for accrual and payment. In practice, labor relations can develop quite conflictually, but payment of compensation in no case can become a tool for manipulation. A resigned employee, regardless of the reason for dismissal, must receive the full amount of payments due.

• the total volume of remunerations and payments issued during the worked pay period;
• when determining average income is not included in the calculation;
• compensation and social payments: travel, financial assistance, money received from educational institutions;
• bonuses that are not officially included in the remuneration system;
• interest received from deposits or dividends from shares, loans.

If an employee took part of the vacation over 2 years, then he has the right to take back the days due before dismissal, or to receive compensation amounts during settlements. In other cases, you should proceed like this:

1. Count how much time you worked at the enterprise.
2. Find out how many vacation days the company gives to people in your profession.
3. Determine the number of days used and paid for.
4. All other days will be taken into account as unearned vacation.

It is worth using the formula: Let's give an example. Let's consider a situation where the billing period has been fully worked out.

Sidorov is going to take 2 weeks of vacation. Earned 300 thousand rubles in a year. The amount of compensation will be as follows:

• determine average income
• calculate compensation

Later Sidorov decided to take another 2 weeks.

29.3 days / 31 days x 3 days = 2.8 days;

29.3 days / 31 days x 9 days = 8.5 days 3. Determine the total number of calendar days in the billing period: 10 months. x 29.3 days 2.8 days 8.5 days = 304.3 days. 4. We calculate employee vacation pay. 10 Provisions: RUB 91,687.46.

/ 304.3 days x 28 days = 301.31 rub/day. x 28 days = 8436.68 rub. ***

Attention

Due to the fact that employees who are assigned part-time working hours work less, neither the leave period nor the duration of leave is reduced. But they will receive less vacation pay than employees working full-time in the same positions. After all, vacation pay is the average earnings for the 12 months before the vacation.

For each month worked, vacation days accrue

So, returning to the question of how many days of vacation are due per month of work, we answer: for a month of work in 2021, an employee is entitled to 2.33 days of vacation. This number is obtained by dividing the duration of annual paid leave (28 calendar days) by the number of months in a year (12 months). This algorithm is explained by the fact that 28 days of vacation are due per year of work, that is, for 12 months. This means that there are 2.33 days per month (Part 1 of Article 115 of the Labor Code of the Russian Federation).

It is clear that, using this formula, you can calculate how many days of vacation are due, for example, after 3 or 6 months of work in an organization.

You can divide your vacation as you please. However, dividing vacation into parts of less than 14 days is only possible if one part of the vacation is at least two weeks. In other words, it is imperative to leave 14 days of vacation indivisible (Article 125 of the Labor Code of the Russian Federation). The remaining vacation can be used even one day at a time, provided that the administration does not mind. Thus, the division of vacation into parts is carried out according to an arbitrary scenario, if its two-week part is left untouched.

Vacation followed by dismissal

An employee who decides to quit has the right to take leave and write a letter of resignation immediately after it. At the same time, in addition to paying vacation pay, the employer is obliged to pay compensation for this period (that is, for 2 days, which are due for 1 month of work). In this case, the last 28 days are included in the length of service, and the date of dismissal must coincide with the last 28 days of vacation. In order to use all the rest days that an employee is entitled to before dismissal, you need to calculate how many of them have not yet been used. To do this, you need to divide 28 by the number of months worked and subtract the rest days that have already been used.

How many vacation days accrue per month?

If an employee has worked for a whole year and has not been on vacation, then he simply must receive vacation for this year.

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If an employee has not taken a vacation for several years, he must be provided with unused vacation for each working year. They should be included in the vacation schedule, warning the employee against signature at least 2 weeks in advance. The employee will be required to take a vacation (Article 123 of the Labor Code of the Russian Federation).

The employee also has the right to ask to be given some part of the unused vacation at a time that is not provided for in the schedule. If the management agrees, they will release the employee; he has such rights.

All employees of the organization working under an employment contract have the right to paid leave for each year worked (Article 122 of the Labor Code of the Russian Federation). Moreover, an employee can take his first vacation after six months of work, counting from the date of employment. This is a legal requirement.

In principle, you can go on vacation without waiting for six months to expire from the start of work. If the administration of the organization does not mind, then the employee can be provided with leave in advance. Moreover, in most cases, providing leave in advance is the right of the organization. Only in some cases can vacation of up to 6 months of continuous work in a company be granted (for more details, see “Vacation of up to six months of work under the Labor Code of the Russian Federation”).

Let us clarify that vacation is granted specifically for the working year, which, in general, is an annual period starting from the moment of employment. Obviously, the length of service for the purposes of calculating vacation depends specifically on the employee’s working year, and not the calendar year. The fact is that the dates of employment in the organization are different for all employees, and it would be illogical to be tied to the calendar year when calculating the length of service that gives the right to leave.

For more information, see “Granting leave: calendar or working year.”

How much does it cost for six months of work?

Another popular question that interests workers is how many days of vacation they can get in six months of work.
A period of six months is the minimum period that must be worked in the organization in order to receive annual paid leave.

This is written in Article 122 of the Labor Code of the Russian Federation.

If this period has been fully worked out, then you can apply for the full annual duration of vacation, but in agreement with the employer.

Important! During this period, a minimum of 14 days of rest is required, but the law allows you to take off all 28 days off during the working year.

The date of rest must be agreed upon with the employer by submitting an application. The staff vacation schedule is drawn up at the end of the previous year, so employees hired in the current year are not included in the schedule.

Some organizations have the practice of drawing up an addition to the schedule for newly hired employees, setting specific rest dates for them after six months of work, then problems do not arise. There is no need to agree on anything, just like writing an application for vacation.

If the employee is not included in the schedule, then a statement must be written according to the sample, which can be downloaded in this article. Next, the date of departure and duration of rest are agreed upon. You cannot leave the workplace without the consent of management; this will be considered absenteeism.

Pregnant women, minors and those who have adopted a child may not agree on the time of rest.

The employer cannot refuse to provide rest after six months; the employee has the right to take at least 14 calendar days off according to the law after 6 months of work.

As for the full annual duration of 28 days, the employer can also provide this number. However, you need to remember that they will be given to the employee in advance; vacation pay will also be paid, taking into account that the employee still needs to work this time.

If a worker decides to quit before the end of the working year, then the overpayment of vacation pay will not be deducted. You can discuss this issue with the employee so that he voluntarily deposits the required amount into the organization’s cash desk, but it is impossible to force him to do this, just as it is impossible to withhold money from the calculation upon dismissal.

Therefore, the employer needs to be careful when providing vacation in advance.

How much?

The Labor Code establishes a minimum duration of 28 calendar days.

Important! 28 days of vacation time are due for each year worked at work.

Moreover, the working year is taken minus the following periods:

• absenteeism;
• inadmissibility to work due to the fault of the employee;
• child care time up to 3 years;
• leave without pay in excess of two weeks.

To calculate how many vacation days are due for each month worked, you need to use a simple formula.

Vacation for 1 month = Total duration for the year / 12 months.

That is, the annual duration is divided by the number of months in the year.

In most cases, for employees who do not belong to special categories with an increased length of vacation time, they have the right to count on 2.33 days of rest per month (28/12).

It is this rounded number that is used by the personnel specialist when calculating the required number of vacation days at a specific point in time.

An employee does not always request leave clearly after the end of the working year. He may ask for rest time earlier or later. In this case, you must first find out how many days he is entitled to for the time worked, and for this the number of vacation time per month will be useful.

This indicator is also useful when calculating compensation upon dismissal, when the vacation period in months is determined, which is then multiplied by the required number of vacation days per month. As a result, the total duration of vacation time for the entire period is determined.

Then it is enough to subtract the number of days already used, and the result is the duration for which you need to pay monetary compensation.

An example of using the indicator 2.33

The employee was hired on January 10, 2021, and will go on annual leave from September 1, 2019. How many days of vacation should he be provided and paid for?

1. The total length of service giving the right to paid rest is established: 7 months. and 23 d. 23 are rounded up to a full month, for a total of 8 months of experience.
2. The number of allotted rest days is calculated = 8 * 2.33 = 18.64.
3. Vacation pay is calculated: earnings for the period worked are divided by the amount of time worked and multiplied by the required vacation duration.

For an incomplete monthly period

With an annual duration of 28 days, for an incomplete monthly period of work, either 2.33 vacation days are due, or no vacation is provided at all. There can be no other cases.

This is important to know: Can a father go on maternity leave to care for a child?

If an employee worked less than 15 days in a month, then this period is not the basis for assigning vacation time.

If 15 or more hours are worked, then it is recognized as a full month and is compensated by 2.33 days of rest.

This point is usually interesting when an employee is dismissed, when it is necessary to calculate compensation for unused time, as well as when vacation is taken for an incompletely worked year.

The employee will resign on February 7, 2021. Vacation experience is 2 years, 4 months and 16 days. During work, 42 ​​days of rest were used. It is necessary to establish for what period compensation must be paid upon dismissal.

1. Vacation experience is calculated in full months (16 days are taken as a month, since more than half of it has been worked), the total length of service is 29 m.
2. The allotted vacation time for this period is calculated: 29 * 2.33 = 67.57.
3. The number of unused days is determined: 67.57 - 42 = 25.57 - it is during this time that monetary compensation must be calculated.

Who is entitled to a longer rest?

Those categories of persons who are entitled to receive additional paid leave under the Labor Code of the Russian Federation and other legislative acts can calculate the monthly parameter by dividing the annual duration, taking into account the main and additional components, by 12.

The following persons may be included in this category:

• minors;
• disabled people;
• doctors;
• teachers;
• police officers;
• judges;
• working in dangerous and harmful conditions;
• civil servants;
• workers with irregular work schedules, as well as a number of others.

What periods do not need to be taken into account when calculating the number of vacation days

When calculating the number of vacation days, the following are not taken into account:

• Time of absence from work without a valid reason (absenteeism).
• The time for which the employee was suspended from work due to his violation of sanitary, hygienic and disciplinary standards, and labor safety regulations. For example, if an employee, through his own fault, did not renew his medical record or did not undergo training giving him the right to access to work with electrical and heating appliances. Exclusion of this period from the calculation of vacation time is possible if the employer has documents proving the employee’s guilt.
• The length of time the employee is on maternity leave. However, here we will make a reservation that in the case when an employee works part-time, having taken parental leave, then the calculation of his leave period is standard. Changing the type of working time does not impose any restrictions on the right to receive leave.
• Vacation periods “at your own expense”, that is, without saving earnings, received in excess of the 14 calendar days per year established by law. This rule also applies to employees who have worked in the organization for less than a year. It is also important to note that if an employee is dismissed, these periods must be included in the vacation period.

How to calculate how many vacation days an employee is entitled to

The calculation of vacation time is carried out not by calendar years, but by working years; the calculation begins on the date of conclusion of the employment contract and is individual for each employee.

The date of registration of the employment contract with the employee is 01/10/2016. His working year expires on 01/09/2017. Let's calculate the number of vacation days as of 09/01/2016. The time worked is 7 months and 21 days. If the calculation is carried out at the time of dismissal, then 21 days are taken as a full month, that is, the employee has worked for a full 8 months.

The calculation of the number of vacation days earned will look like this: 2.33 x8 = 18.64 days.

In the case of such a calculation when dismissing an employee, the employer will be responsible for rounding the number of months to 8 in accordance with the “Rules on regular and additional vacations.” In a situation where termination of the employment contract is not planned, rounding will entail the provision of leave in advance.

The start date of the employment relationship is 05/20/2016. Let's determine the number of vacation days as of December 1, 2017. During this period, the employee was twice granted leave for 14 calendar days. The employee's first vacation year ended on May 19, 2017. As of the given date, the employee’s vacation period was 42 days. However, during 2021, the employee was on leave without pay for 30 calendar days. 16 days must be excluded from the billing period. This reduces the number of working months to 17, and the insurance period to 40 days. Taking into account the 28 days of vacation already granted, we get 12.6. i.e. the number of days of main vacation as of December 1, 2017.

How is it calculated for those who are entitled to additional leave?

In most cases, the duration of the main vacation is 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation). Employees earn 28/12 = 2.33 vacation days for each month.

Some categories of workers are also provided with additional leave for working in special conditions—harmful, dangerous, or with irregular working hours. All this is fixed in the employment contract.

There are also some employees (teachers, doctors, researchers) whose main vacation lasts not 28 days, but 36, 42, 48 or 56.

In such cases, you need to add up all the days of the main and additional vacations, and then calculate the number of vacation days that are earned in 1 month.

Duration of annual leave

According to the Labor Code, each employee has the right to a number of vacation days, set at 28 days. For certain categories the duration increases. This:

• minor employees - they are entitled to 31 days;
• disabled people – 30;
• teaching staff - 42 or 56, will depend on the position and organization;
• scientific workers with the scientific degree of Candidate of Sciences – 36, Doctors of Sciences – 42;
• state civil servants – 30;
• and other categories, primarily representatives of professions hazardous to health, or associated with hazardous working conditions. Of course, they need to rest longer than others in order to recover mentally and physically.

This also applies to climate, and therefore we will single out workers working in the Far North or in areas equivalent to it. In addition to the standard duration of leave, they are provided with additional:

• for those working in the Far North – 24 days;
• in equal areas – 16;
• in other northern regions with an established regional coefficient and an increase in wages - 8.