If your vacation falls on public holidays in 2021

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Published: 05/28/2016

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In the case when the employees of the enterprise themselves take part in choosing the date of vacation, many of them already keep in mind the holidays declared by law as days off. There is nothing reprehensible in this natural desire to extend vacation by one day, if this fact does not greatly affect the work process.

To understand why employees are officially approved to increase their rest time, it is necessary to consider the relevant legislative framework on this issue.

• Legislation
• Examples of postponing holidays while on vacation An employee indicated specific dates in his vacation application
• A holiday during a vacation falls on a day off
• Holidays fall on the vacation of an employee working in shifts

Vacation is non-working time, calculated in calendar days.

By virtue of Articles 106-107 of the Labor Code of the Russian Federation, vacation refers to rest time, that is, to the time during which the employee is free from performing work duties and which he can use at his own discretion.
This is non-working time. All days falling on vacation are non-working days for the employee and the sliding schedule does not apply to an employee on vacation. The annual basic paid leave is calculated in calendar days (Article 120 of the Labor Code of the Russian Federation) and its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Weekend

Quite a controversial issue - the days off are Saturday and Sunday. Some employees take part of their vacation from Monday to Friday for 5 calendar days. This means that weekends are automatically added to the vacation. However, many employers prohibit taking such vacations - considering that vacation is provided in calendar days. Therefore, Saturday and Sunday must also be taken on vacation and a 7-day vacation is recorded.

EXAMPLE

If you have agreed with your manager on your vacation for 5 calendar days from January 18, 2021, then the end date of your vacation is January 23, 2021. And January 23 and 24, 2021 are days off. And with a five-day week, you don’t go to work on these days.

Vacation Holidays: What You Should Know

In accordance with legislative acts, the following days are considered non-working days in Russia:

Regional authorities provide additional holiday dates due to religious holidays or other reasons. This is stipulated in Law No. 125-FZ of September 26, 1997.

In the event that annual leave falls on one or more days declared as holidays, they are not included in the rest period. This case is regulated by Art. 120 Labor Code of the Russian Federation. In addition, they are not paid in the amount of average earnings. In this case, the vacation is extended by the number of days that are declared non-working at the federal level. This rule applies to both main and additional leave. If the holiday falls on the dates when the employee took a vacation “at his own expense,” that is, without saving his earnings, then it will not be extended.

Legislative regulation

The Labor Code of the Russian Federation clearly states whether holidays are included in vacation or not and whether they are paid, and whether it is even possible to take vacation on holidays.

An employee planning to go on vacation must find out whether there will be any days officially recognized as holidays during this period. If there are any, it should be taken into account that they are not included in the general vacation . But you shouldn’t expect payment during this time. All this is described in detail in Russian Labor legislation, namely in Article 120.

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.

The official list of holidays can be seen in Article 112 of the Labor Code of the Russian Federation. At the same time, Russian legislation states that individual constituent entities of the Russian Federation have the right to establish additional holidays. Most often these are religious events.

This right is given to subjects by Federal legislation. You can read about this in detail in 125-FZ in article 4, paragraph 7.

Russian Labor legislation also contains information on how days off are taken into account and paid. This issue is regulated by Article 120 of the Labor Code.

It says here that weekends are necessarily included in the general vacation period . Accordingly, they must be paid correctly.

What kind of rest can be extended?

1. Annual paid leave can be extended based on the reasons listed above.
2. Annual additional leave is increased on the same basis.
3. The Labor Code does not provide for changing the terms of unpaid temporary release from work due to illness. If an employee is on leave at his own expense and at this time consults a doctor, then he will not be able to begin his duties later. This is explained by the fact that during the period of rest without pay, sick leave is not issued. This rule is provided for in clause 22 of the “Procedure for issuing certificates of incapacity for work” and clause 1 of Article 9 of Law No. 255-FZ.
4. Study leave cannot be extended due to illness.
5. Exemption from work due to child care (up to 1.5 or up to 3 years) cannot be extended due to sick leave or performance of government duties.

Is the vacation extended, if it does - rules for extension

Whether the vacation time is extended or postponed due to non-working holidays depends on how the employee’s application is written.

There can be two options:

1. The start date of the vacation period and its duration in calendar days are indicated - in this case, the vacation time is extended by the number of public holidays that fall within the vacation period. The employee goes to work later and the number of days indicated in the application is used.
2. The start and end dates of the vacation are indicated - in this case, the vacation is not extended, the employee uses a number of days equal to the rest period minus holidays. Vacation days that coincide with holidays may be postponed to another date.

The first option for writing an application will be more correct from a legal point of view.

An application for annual leave must be written if the organization does not have a T-7 schedule or vacation time must be obtained at a time different from that specified in the schedule.

If the company has drawn up a schedule in advance, then it indicates the date of going on vacation and the number of vacation days (calendar).

If a holiday falls during this period, the vacation is automatically extended.

To renew, you do not need to complete any additional documents.

The release date is calculated when placing a vacation order, the number of holidays that fall is taken into account, and the date of return to work is calculated.

If an employee writes an application, then in order to extend it, you need to make sure that the text does not indicate the end date of the vacation period. It is enough to enter the first day of rest and indicate its duration in calendar days.

Example

According to the schedule, the employee’s annual paid leave begins on November 1, 2021, its duration is 14 calendar days.

In this case, the employee does not need to write a statement. When issuing an order, the personnel specialist must take into account that the holiday period falls on November 4, and extend the rest period.

The start date for work will be November 16, 2021.

Transfer procedure due to non-working holidays

There is no transfer as such.

If the employee indicates in the application the start and end date of the vacation, then the duration of the vacation used is calculated as the number of calendar days of rest minus holiday weekends.

Days that coincide with holidays can be used later by agreement with the manager.

In this case, you do not need to prepare any documents.

No application or transfer order is required.

Below is an example for explanations.

Example

The annual vacation duration is 28 calendar days. The organization does not create a vacation schedule. The employee writes an application for leave from November 1 to November 28.

In this case, the person must return to work on November 29. 27 vacation days were actually used.

One day for which the employee still has the right can be postponed to another period in agreement with management.

With a shift work schedule

If an employee works in shifts, then holidays falling within the vacation period also allows for an extension of rest time.

Holidays are not included in the vacation period in the same way as in a five-day work week.

In practice, often during shift work, in order to avoid confusion in the shift schedule, the start and end dates of the vacation period are clearly stated in advance for employees.

If a holiday falls at this time, the vacation day that coincides with it is postponed and can be used later.

Rescheduled non-working days

There is a certain list of official holidays that are considered non-working days.

If such a holiday falls on a calendar weekend, it must be transferred to the next working day.

Every year, the Government of the Russian Federation prepares a Resolution, which indicates which holidays are transferred and where. For 2021, there is Resolution No. 1163 dated 10/01/2021.

According to the Labor Code of the Russian Federation, non-working holidays that fall within the vacation period are not included in it. In this case, we are talking specifically about the holiday itself, and not about the day on which it was moved.

If during the holiday there is a day on which the vacation is postponed, but the holiday itself does not fall, then the vacation time is not extended.

Example

The employee's vacation begins on May 10, lasting 14 calendar days.

May 10 is a day off, as the February 23 holiday in 2021 has been moved to it.

Since the holiday itself does not fall on February 23rd, vacation time cannot be extended. The person must return to work on May 24.

Examples of postponing holidays while on vacation

The employee indicated specific dates in the vacation application

When an employee writes an application for leave, he has the right to indicate in it specific dates for both the start and end of the leave. If he indicates, for example, that he is asking for “vacation from June 1 to June 14,” then the holiday on June 12 (see the Labor Code of the Russian Federation) will not be postponed, and he is obliged to go to work strictly on June 14.

The employee indicates in the application the start date of the vacation and its duration. The application says something like this: “I ask you to provide me with annual paid leave for a period of 2 (two) weeks from June 1.” The employee’s return date from vacation is automatically transferred to the first working day after the expiration of the two-week interval. To avoid unnecessary confusion with release dates, this type of statement is almost always used by the HR department.

A holiday during a vacation falls on a day off

The interpretation of weekends is contained in Art. 111 Labor Code of the Russian Federation. If they fall on holidays, the latter are transferred by a separate order of the Government of the Russian Federation to other working days. These days usually follow either directly before or immediately after the coincidences, but in any case it is necessary to monitor the relevant documents, which are necessarily published in the press. The legitimacy of such actions is noted in Art. 112 of the Labor Code of the Russian Federation and in the Decree of the Government of the Russian Federation of August 5, 2010 No. 600.

In the case of a vacation being imposed on this event, the employee’s first working day begins on the second official working day after the vacation.

Example.

In 2021, the holiday June 12 falls on Sunday. Therefore, Monday, June 13th is declared a holiday. The first working day of the new week will be June 14, and the employee returning from vacation will begin work on the 15th.

In all of the above cases, dates are entered into the vacation schedule without taking into account holidays, that is, strictly in the “14 (or 7) days” format.

Holidays fall on the vacation of an employee working in shifts

This situation has two fundamentally different options.

1. The employee performs work that requires mandatory presence at the workplace, regardless of the calendar status of the day (for example, security, cash collectors, etc.). These employees go to work strictly within the time limits specified in the vacation schedule.
2. The employee works on a shift schedule, but the company has declared holidays as days off.

To avoid confusion in the shift schedule, the employee also goes to work on the dates specified in the vacation schedule. However, in this case, he has unused days for vacation, to which he subsequently has the right in the prescribed manner .

Are you satisfied with the length of your vacation?

Quite satisfied, but I won’t refuse if my vacation is increased No, I’m not satisfied: my vacation is very short

How to calculate vacation taking into account weekends and holidays

If vacation falls on holidays, you need to figure out whether they increase the total duration of vacation.

In accordance with Part 1 of Art. 120 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), vacation is calculated in calendar days, and if a holiday falls during the vacation period, these days are not included in the number of vacation days.

That is, vacation on holidays is possible, and its duration will be increased by the number of holidays.

We recommend! Vacation falls on a holiday - how to count in this case? See vacation application. If it says: “Please provide __ calendar days of vacation from ____” and these days are non-working holidays, then the vacation will increase by the number of such holidays. If they write: “I ask for leave from ___ to ____,” then the leave is limited to the specified time frame.

How holidays are carried on vacation depends on what is meant by holidays and how they differ from weekends.

In accordance with Art. 112 of the Labor Code of the Russian Federation, non-working holidays are, for example, the New Year holidays listed in this article, and weekends according to Art. 111 of the Labor Code of the Russian Federation are considered days of weekly continuous rest.

Long vacations are often a combination of holidays and weekends, so when calculating vacation it is important to correctly determine whether a specific day is an NAP or a VD.

What to do if your vacation falls on a non-working holiday?

So, if the vacation falls on a holiday, it increases by the number of NAPs.

Let us consider in more detail the issue of the coincidence of VD and NPD.

In accordance with Part 1 of Art. 112 of the Labor Code of the Russian Federation, NAPs include:

According to Part 2 of Art. 112 of the Labor Code of the Russian Federation, if a holiday falls on a weekend, then the latter is transferred to the next working day after the holiday. The rule applies to all holidays, except for January, when the Government of the Russian Federation transfers 2 days off to other dates during the calendar year.

Part 5 art. 112 of the Labor Code of the Russian Federation gives the Government of the Russian Federation the opportunity to transfer actual days of rest for the population that coincide with holidays to any selected days in order to use them more rationally.

We recommend! When an employee goes on vacation on holidays in 2021, in addition to Art. 112 of the Labor Code of the Russian Federation, one should take into account the Decree of the Government of the Russian Federation “On the postponement of weekends in 2021” dated July 10, 2021 No. 875 (hereinafter referred to as Resolution No. 875).

So, if a holiday falls on a vacation, you need to look at which days are considered holidays by law and which are weekends, and then count the holidays during the vacation separately. Their duration increases vacation time, but they are not subject to payment as vacation days.

Do holidays count as vacation?

This question interests many workers who are planning to go on vacation during a period when there are many holidays. These primarily include the New Year holidays, as well as the May holidays, when it is practiced to postpone weekends to get more free days in a row.

By law, holidays during vacation are not counted towards the vacation period . As for weekends, they are considered and paid like regular working days. This is stated in Article 120 of the country’s Labor legislation.

Working people should take into account that if a holiday falls on an official day off , that is, Saturday or Sunday, this day is transferred to Monday or any other working day determined by the government.

This rule applies, among other things, to regional as well as religious events. Here the issue of postponing the weekend is decided by local leaders . At the same time, they must use the Recommendations of Rostrud dated June 2, 2014.

It should be noted that the government often chooses not the next Monday to postpone the weekend, but another more convenient day.

Thus, it is possible to combine several holidays and weekends to get a longer period of rest .

The government of the country issues a resolution annually. This will be the main document in which you can clarify the number of holidays and additional days off. Based on this document, a production calendar must be drawn up, which is then used to calculate vacation and payments for this period.

Russian legislation states that holidays are not considered vacation days and are not subject to additional pay . Thus, if there is a holiday during the vacation period, you can safely add another day to the allotted period.

Most of all, in this regard, those who have a vacation during the New Year holidays should rejoice. Every year their duration changes, but there are always enough days for a full-fledged celebration and relaxation. If an employee’s vacation coincides with the New Year holidays, he can safely add another 8 days to the allotted period .

Sample order for leave with holidays:

Duration of vacation including holidays: how to calculate

If holidays fall on vacation, it is automatically extended by the number of days provided for rest. In this case, only official holidays are taken into account, and not weekends transferred from other days.

For example, employee Petrov V.A. plans to go on vacation from April 29 for 14 days. Theoretically, he should start work on May 13. However, this month there are two holidays: May 1 and May 9. Consequently, the vacation is extended by 2 additional days, and Petrov will have to begin his duties only on May 15. Please note that the May holidays may last longer. Thus, in 2021, by decision of the Government, weekends that coincided with other holidays were postponed to May 2, 3 and 10. In this regard, Russians with a five-day working week rested from May 1 to 5 and from May 9 to 12. However, the vacation is not extended by the number of these days.

Despite the fact that the holiday is not included in vacation, an employee can write an application for rest time from any date. There are no prohibitions in this regard in labor legislation.

With a shift work schedule, the duration of rest time is calculated according to the general rule. Although holidays and weekends are often considered working days for employees performing their shift duties, such days are not included in vacation time.

Holidays that are officially non-working days do not extend leave without saving earnings, since it is issued for specific calendar dates.

For example, citizen Ivanov, who works on a 2/2 schedule, asks for leave from January 1 for 14 days. Even though January 1 is a public holiday, leave may be granted from this date. Moreover, from January 1 to January 8 in Russia there are official New Year holidays. These days are not counted towards vacation time and are not paid. Thus, Ivanov will be able to begin his duties only on January 23. Dates from January 1st to January 8th will be considered holidays, and 2 weeks of vacation are counted starting from January 9th.

Accrual of vacation pay for holidays and weekends

Regular days off included in calendar vacation days are paid in accordance with the employee’s average earnings. At the same time, although federal non-working holidays increase the vacation period, no payment is made for them.

In a specific example it looks like this. The employee's vacation begins on March 4 and lasts 20 days. Since this period includes the national holiday of March 8, which is a non-working day, you will have to go to work not on March 24, but on March 25. But only if this year March 8 falls on a weekday. If it is Saturday or Sunday, then the holiday is moved to Monday, and the employee starts working again on the 24th. And regardless of what day of the week the holiday is, vacation pay will be paid for 20 days, since a holiday non-working day is not included in the calculation of vacation pay.

Payment

Article 115 of the country's labor legislation states that every working person is entitled to 28 calendar days of vacation every year . This is the minimum that the employer must pay.

At the same time, Russian laws also state that holidays should not be included in the vacation period. Thus, they are not paid in any way . The employee’s vacation period is simply extended.

It should be understood that when calculating vacation pay, several indicators are taken into account, including the so-called “ cost of the month .” This figure is different for almost every month.

January is considered the most expensive, since there are many holidays, but wages remain the same, so each working day will cost more than in March or April. In addition, the duration of the vacation and many other nuances .

If an employee does not know how to calculate his vacation pay for a specific period, he should contact the HR department or the company’s accounting department.

Example 1

The employee writes a conditional statement “from June 1 to June 14.”

In this case, vacation pay will be calculated in 13 calendar days, although the vacation itself will last 14.

Example 2

The employee goes on vacation “for 14 calendar days.”

Vacation pay will be paid on the basis of 14 days, since in this case the working day that he will miss in lieu of a holiday taken on vacation will be calculated.

Example 3

An employee wants to go on vacation strictly on weekdays.

In this case, several statements are written indicating specific dates, for example, “from June 01 to June 3” and “from June 6 to June 10.” Also, two vacation orders will be issued and two vacation pay calculations will be made, but this is only possible if the manager has great affection for his subordinates, since the excessive workload on paperwork has never aroused sympathy for its source in anyone.

Based on the above, there is only one recommendation: do not try to gain an extra day where you can simply ask for it. A manager will always meet a competent employee halfway when he directly indicates his intentions, and does not try to get preferences in a roundabout way.

Calculation of vacation pay

Annual paid leave lasts 28 calendar days, as specified in Art. 115 Labor Code of the Russian Federation. Additional rest time is provided for certain categories. In this case, the employee has the right to take not all vacation at once, but to break it into several parts throughout the year, but not less than 14 days.

Vacation payments depend on the employee’s length of service and average monthly salary. Leave can be granted as early as 6 months after registration as an official employee of the company.

To calculate vacation pay, the following steps are performed:

• The average daily earnings are determined by dividing the accrued salary for the calculated period by 12 months and by the average number of days (29.3);
• the resulting number is multiplied by the duration of the vacation;
• Personal income tax and other payments (for example, alimony, debts, etc.) are withheld from the amount.

Holidays that fall on vacation are not paid. If an employee wrote an application for leave from June 10 for 14 calendar days, then he will be able to go to work on June 25 due to the Russian Day holiday (June 12). But payments will be credited only for 2 weeks. Holiday non-working days can be compensated for employees with piecework wages.

Many people wonder when it makes more financial sense to take a vacation, during months with more holidays or working days. If the employee is paid a fixed salary, then there is no significant difference.

Note! In a month with a large number of holidays, for example, January or May, the pay for the working day increases significantly, even with a salary. Therefore, during this period, it is not profitable to take a vacation at your own expense, without saving your earnings, even if it lasts a short time.

Leave is provided to employees according to a special schedule developed at the beginning of the calendar year. If it falls on holidays, then the rest period will be extended, but these days are not paid. This does not take into account dates postponed from holidays that coincided with weekends. These rules apply to employees with a shift work schedule and to those who perform duties on a five-day work week. Weekends are included in vacation, since it is calculated in calendar days, and are paid as usual. Vacation can be taken from a public holiday, but it will not be counted towards vacation time.

Law

The right to annual paid leave is confirmed by the Labor Code of the Russian Federation (Articles 106 and 107). The standard duration of rest is 28 days.
Some categories of employees have the right to increased vacation. You can go on vacation after half a year of working at the enterprise .
Usually a specific vacation schedule is drawn up taking into account the wishes of employees and production conditions. If there is a need to change the dates of rest, the employee must agree with his management and obtain consent.

After agreeing on the vacation schedule, a document is drawn up in which each employee signs for being familiar with this schedule. The Labor Code of the Russian Federation determines that you can immediately take back your 28 days, you can divide your vacation into parts, but one of them must be no less than two weeks.

All issues are resolved with management; it is important that the employee’s wishes do not interfere with the normal labor process at the enterprise.

Is it possible not to go on vacation and only receive compensation for it? Sometimes citizens want to stay at work during a scheduled vacation and receive an additional salary in addition to their monthly vacation pay. This is a violation of labor laws.

ATTENTION! Replacing vacation with compensation is not permitted by law.

You can receive compensation for unused vacation only if you are about to be fired from your job.

Most often, the employee can choose the date for going on vacation; management can only recommend certain months and periods. After all , it is important that an enterprise or company does not stop its activities during vacations; employees alternate with their vacations . The start of vacation can be any day of the week, including weekends, if this suits the employee.

This year, no changes are expected regarding the issue of holiday leave. If you need advice or advice, you should contact a good lawyer experienced in labor law matters.

Piecework and shift work

As mentioned above, those workers who work on a shift schedule do not have special privileges. For them, any official day off or holiday can be a working day, but with a different pay .

Most often, if such a period occurs, it is paid double . A similar rule applies to those employees who work piecework. They may receive additional pay for working on weekends and holidays.

You can read more about piecework wages here.

The procedure for incentives and their payments is regulated by a collective agreement or local acts of the enterprise. They must be drawn up in accordance with Article 112 of the Labor Law.

For employees who work in shifts or have piecework wages, vacation pay is calculated according to a special scheme. , all payments that the employee received during the reporting period, that is, over the last year, are necessarily .

In this case, all allowances that the employee received as compensation for working on holidays must be added.

As for vacation for employees who work in shifts or rotating shifts, unlike those who work a five-day work week, they do not have the opportunity to extend their rest period.

Regardless of what day the vacation ends, the employee needs to go to work. However, if this day is a holiday, you can count on double pay.

So that HR department employees and accounting workers can accurately record holidays, weekends and other special days, you should use a production calendar . This document contains important data that may be needed by both a personnel officer and an accountant, and an employee who is planning his vacation.

Vacation pay

There are two benefits to taking an annual holiday. Firstly, this is an opportunity not to go to boring services. Secondly, receiving vacation pay, that is, money that you are not paid for your work.

The meaning of the question - whether a holiday is included in the next vacation - is often related to money. Accruals are made according to a special formula, which takes into account the average earnings for the year and the number of days of rest. The last indicator is the subject of dispute between the employee and the accountant. Especially when it comes to New Year's holidays.

Naturally, a competent specialist who has studied TC is right. Article 120 speaks, we repeat, about the non-inclusion of holidays in the rest period. And this means that they are not taken into account. In the first example given, the accountant will begin to accrue money for 28 days of vacation, although in fact the person will take longer vacations (29). The law exists for everyone, no matter how much we would like to receive more, but work less.

Features for regional events

Each city additionally holds its own events during which citizens do not work. On the basis of Federal Law No. 125, based on requests from religious enterprises, it is allowed to establish religious holidays. For example, in the Stavropol Territory, All Souls' Day is celebrated on May 7, and in the Irkutsk Region, on February 5, residents celebrate Sagaalgan.

The possibility of extending annual leave for these days is provided only by regional regulations, so citizens will have to study these documents on their own. In some cities, such days are considered non-working days, but if this day off falls on vacation, then employers may not increase the rest period provided.

Can a vacation begin with a holiday?

People often take vacations based solely on their schedule, so the first day may fall on a holiday event. This day is presented as a non-working day, but it is still allowed not to shift the schedule, so the period is simply extended by one day.

The Labor Code does not specifically prohibit rest from starting on a day off.

Is it possible to take vacation only on working days?

The law does not provide for any prohibitions regarding the choice of vacation period. You can go on a prescribed vacation at any time, whenever the employee pleases; the main thing is to inform the HR department about this before drawing up a vacation schedule, because then you will have to negotiate an unscheduled vacation with management, which may not always meet halfway.

In addition, it must be remembered that, according to Art. 125 of the Labor Code of the Russian Federation, one of the parts of the vacation must be at least 14 days, therefore, the remaining part can be divided into as many parts as desired and taken at any time, including exclusively on weekdays.

Article 125 of the Labor Code of the Russian Federation. Dividing annual paid leave into parts. Review from vacation

By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

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.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

There are undoubtedly advantages to this state of affairs, because having gone on vacation, for example, for five working days from Monday to Friday, an employee with a five-day working week actually, due to holidays, receives an extension of rest due to weekends or holidays to a full week. But there is also a minus here: vacation pay will be accrued only for five days of rest.

At the same time, it makes no sense to rest exclusively on holidays , because, as we have already found out, they are not included in the period of required rest, so in fact it will be a vacation at your own expense and there is no reason to pay for them.

As for cases where an employee wishes to take leave only on weekends, the following should be noted. When rest occurs only on Saturday and Sunday, then, on the one hand, the annual allotted time is wasted, which could be used at other convenient times, including during working days. But on the other hand, with this arrangement, Saturday and Sunday will be paid.

On a weekend getaway?

An employee’s vacation can begin either on a working day or on a day off; there are no restrictions on this in the law. By agreement with the employer, vacation can be divided into parts, one of which must be at least 14 calendar days. The employee can use the second half of vacation days either immediately or in parts.

Taking leave exclusively for weekends, for example, a two-day leave for Saturday-Sunday, even if this is the desire of the employee himself, is not recommended. With such leave, the employee works and rests as usual, but at the same time, weekends are paid as vacation days. Undoubtedly, the employee wins money, but the labor inspectorate may consider this a violation of the employee’s right to rest, since in fact legal vacation is not “time off,” and apply administrative punishment to the employer (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If such leave is provided along with working days, then no violations arise here.

Example

The employee took leave for 4 calendar days from May 26 to May 29, 2017. The 26th and 29th are working days, and the 27th and 28th are days off. Vacation pay will be accrued to the employee for all 4 days - in this case, the employee’s holidays are paid, and the employer has not violated labor laws.

Is it worth taking a vacation for the May holidays?

To choose the most profitable days for yourself, you should pay attention to holidays and rescheduled days. The most unfavorable time of year for booking a vacation is May, when there are a large number of weekends and holidays, as well as the most postponed days.

This month, the 1st and 9th are considered holidays. If May 1st falls on a weekend, it is moved to May 2nd. May 3 may also be considered a day off due to the postponement from January 2. Despite many days off, an employee can only rest 2 days more. In the Labor Code of the Russian Federation, all Saturdays and Sundays are included and paid as ordinary days, and not as holidays. Transferred days do not extend the vacation, but are paid as a full day.

So, if the vacation falls on a holiday, then these days should be excluded from the duration of the vacation and remain with the specialist for the future. Only weekends and days rescheduled from holidays are not excluded. They will be counted towards the vacation days used. This rule only applies to regular annual leave. If the employee took the days at his own expense, then it does not matter whether they fell on holidays or not.

How is vacation counted?

Let's take an example. To accurately determine whether holidays are included in vacation (2016), you need to look at how this happens in practice. Let’s say that according to the schedule, the employee is supposed to start rest on June 9th. The duration of the period is 28 days. Let's look at the dates given: June 12 is a holiday. For simplicity, the personnel officer will skip this date when calculating the period. That is, it will skip June 12 and will not include it in the total number of days. He will count the rest and get that the person needs to go to work on July 8th.

If Russia Day had not been celebrated during this period, then the date of commencement of work duties would have been on the 7th. What should the employee do in this case? How to indicate your awareness? The question is often asked: is it necessary to indicate holidays in the application or something similar? Let's understand further.

Vacation at your own expense, additional and study leave on holidays

If a holiday falls on an employee’s regular annual leave, then, as already mentioned, such a day should be deducted from the duration of the employee’s vacation. But what if the holiday fell on some other type of vacation?

As follows from the Labor Code of the Russian Federation, employees whose working conditions differ in some way from the standard (for example, involve a special nature of work or are associated with factors that negatively affect the health of a specialist), in addition to annual leave, are entitled to additional leave (Articles 116–119 of the Labor Code RF). Their purpose is to compensate the employee for damage caused by specific working conditions. But at its core, this is the same paid leave that must be provided by the company every year.

Important! With regard to additional vacations, the rule is similar to the case with simple annual vacation: holidays are deducted from them, but weekends (including postponed ones) are not (Article 120 of the Labor Code of the Russian Federation).

If an employee goes on unpaid leave at his own expense, then this rule does not apply to him. Vacation at your own expense is provided for the number of days that the employee requires; the company does not pay vacation pay for it, and therefore there is no point in extending it for holidays that fall out.

But, for example, educational leave for employees who decide to get a higher education must be paid by the employer (Article 173 of the Labor Code of the Russian Federation). Does this mean that holidays falling on such a vacation should not be taken into account in its duration?

Based on labor legislation, it can be argued that this rule does not apply to study leave. Clause 14 of the Decree of the Government of the Russian Federation “On the calculation of the average salary” dated December 24, 2007 No. 922 directly states that in the case of educational leaves, the company must pay for all days specified in the certificate of call from the educational institution, including holidays falling on vacation. This means that all holidays that fall on study leave are also considered days off.

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General rules

If a holiday falls on vacation, the vacation must be extended .

Holidays are not extended weekends - in accordance with Art. 112 and part 1 of Art. 120 Labor Code of the Russian Federation.

EXAMPLE

The employee is going on vacation from November 3, 2021 for 14 calendar days. This means that the last day of his vacation is November 17, 2021. Let us explain why.

Weekends that fall during the holiday period - November 7, 8, 14 and 15, 2021 are included in vacation. But November 4, an official holiday, is not included in vacation. In this regard, the vacation will be extended by 1 day.

Results

Companies should remember that if vacation falls on holidays, such holidays should be excluded from the duration of the vacation. These days remain with the employee for the future. Weekends, including those postponed from holidays, are not excluded, but are taken into account in the count of vacation days used.

However, this rule only applies to regular annual and additional leave. If a specialist takes a vacation at his own expense or a study leave, then it does not matter whether they fall on holidays or not. You need to take as much time off as was allowed in advance.

Other clarifications

Article 120 refers to main and additional leaves. This means that any paid period of rest does not include statutory holidays. There is no need to submit any statements in this regard. Since it is written in the legislation, it means that the administration of the enterprise is obliged to implement it. Regardless of the type of leave, the personnel officer will skip this date when calculating. But this provision should not be extended to unpaid leave. Since Article 120 clearly describes the holidays to which its rules apply. It only shows payable periods.

If you notice errors in the calculations, you should tell management about them. There is a special form of document for this: a memorandum. This paper is drawn up in the name of the manager. It indicates the essence of the problem and specific complaints. But first, it is advisable to talk with the personnel officer. Perhaps the person was simply mistaken. And this can be corrected in a simple way: by changing the text of the order. In the most difficult cases, it is recommended to contact the labor inspectorate. This organization is dedicated to protecting the rights of workers.