Vacation experience is a period of work with a specific employer, which gives the right to receive days of annual basic paid leave.
It begins to be calculated from the date of hiring. The periods taken into account and excluded are listed in Article 121 of the Labor Code of the Russian Federation.
Vacation experience allows you to determine how many days of vacation an employee is entitled to at a specific point in time. Typically, this indicator is calculated when planning or registering an employee’s annual vacation, as well as upon dismissal to determine compensation for unused days.
Pay attention to the calculators on our website:
— for online calculation of days of unused vacation;
- to calculate compensation upon dismissal;
- to determine the amount of vacation pay.
How to use the calculator
The calculator will help you find out when and for how long an employee has the right to take a new annual leave after maternity leave. The instructions are simple:
Step 1. Indicate the number by which the woman was hired.
Step 2. Enter the date from which the employee went on maternity leave.
Step 3. Indicate the date when she returned back to the workplace.
Step 4. When all fields are filled in, click on the “Calculate” button.
If the employee’s existing experience does not entitle him to such a number of days, the missing days are provided in advance. Understanding how leave is calculated after leaving maternity leave will allow the employer to determine which part of the rest received by the employee is provided against the existing length of service, and which part is provided in advance.
How the calculator works
To calculate the period of leave after maternity leave using an online calculator, the following data is required:
- date of employment;
- date of maternity leave;
- date of return from it or parental leave (OPUH).
We will show you how to calculate the vacation period after leaving maternity leave using a calculator using a specific example. Let's say an employee was hired in May 2021. In February 2021, she went on maternity leave, and then immediately filed for a medical emergency. The date of departure was 02/06/2019, and the employee returned on 10/20/2020.
Enter all the data:
Next, click the “Calculate” button and get a new period that gives the right to annual rest for an employee who has returned from maternity leave or stopped caring for a child. In our example, the employee will be able to rest after six months from the start of work (from May 2021), and the full working year, for which 28 calendar days are allowed to rest, will end in October 2021.
ConsultantPlus experts looked at how the working year shifts after leaving maternity leave. Use these instructions for free.
When is it allowed to take after maternity leave?
It is necessary to distinguish between the following types of rest periods that an employee is entitled to count on under current labor legislation:
| Paid annually | Every employee, regardless of gender, profession and family circumstances, has the right to an annual vacation, during which he retains his average earnings. The standard duration is 28 days annually, for some groups of workers it is longer. |
| Unpaid | Provided at the request of the employee without retaining his earnings. |
| For pregnancy and childbirth - BiR | It is provided to pregnant women in the last stages of pregnancy and lasts from 140 to 194 days, depending on the complexity of the birth and whether the citizen gave birth to one or more children. Issued with a sick leave certificate. |
| Child care - Swelling or maternity leave | Provided to an employee, male or female, in connection with the need to care for a newborn until he reaches three years of age. Premature exit from Swelling is allowed. |
Article 260 of the Labor Code of the Russian Federation resolves the question of whether it is possible to take leave immediately after maternity leave: yes, immediately after leaving parental leave, an employee has the right to take annual paid leave. For its provision, work experience is not taken into account - six months of experience is not mandatory. Speaking about when leave is due after leaving maternity leave, it is important to remember that the employee will receive such leave provided that he did not use it before or after sick leave for pregnancy and childbirth.
In addition to the freedom to choose when to take leave after maternity leave, the employee has the right to independently determine the duration of such rest she needs: she has the right to use the full duration established by the employer, which is usually 28 days.
Rules and length of service for vacation and calculation of vacation pay
There are certain provisions governing when an employee goes on vacation and the accrual of payments to him during his vacation. Everything must be taken into account so as not to accidentally violate the law and not disadvantage the employee.
New 2021 rules for calculating vacation pay
The system for calculating the amount due to an employee upon retirement for 28 (or more) days has long been established. In 2021, no new rules for calculating vacation pay have been created. As before, the process is regulated by Article 139 of the Labor Code of the Russian Federation and paragraph 4 of Decree of the Government of the Russian Federation of December 24, 2007 No. 922. The formula remains as follows:
Vacation pay = Average earnings per day * Number of vacation days
As before, when calculating vacation pay, it is necessary to take into account all the employee’s income related to the remuneration system. That is, wages, allowances, bonuses and additional payments. There is no need to take into account amounts assigned other than wages (for example, financial assistance or sick leave).
How long do you need to work for vacation?
In order to obtain this right, an employee must continuously work in the organization for at least 6 months. After this, he can request the standard 28 days for rest, or split this period into two or more parts.
The length of service includes only time worked under an employment contract. If an employee worked under a civil contract, then this time is not taken into account in the length of service. That is, such an employee does not have the right to leave until he switches to an employment contract and works under it for six months.
The following have the right to receive leave without working for 6 months (“in advance”) without the consent of the employer:
- minors;
- those who are going on maternity leave or have just returned from it;
- who have adopted a child under 3 months of age.
Other employees can also go on vacation “in advance,” but this will require an agreement with the employer. But you can only get annual paid leave in this way - other types (educational, maternity leave, etc.) are assigned only upon presentation of the relevant document.
At the same time, at any time convenient for the employee, leave can be taken by:
- husbands if their wives are on maternity leave;
- veterans and “Chernobyl victims”;
- husbands/wives of military personnel;
- part-time workers, provided that they also received vacation at their second job;
- heroes of the USSR, Socialist Labor, Russian Federation, holders of the Order of Glory or Labor Glory (full);
- honorary donors of the Russian Federation;
- exposed to radiation during testing of nuclear weapons at the Semipalatinsk test site;
- working in the Far North (or in regions equivalent to it), provided that they accompany a minor to enter a university or college in another region.
Attention! When calculating length of service, not the calendar year, but the working year is taken into account. If an employee was hired by the organization on March 1, 2018, then only on September 1, 2021 (after 6 months from hiring) he gets the opportunity to go on vacation.
How to calculate the duration of rest
The employer is obliged to provide the employee with the number of days she needs within the annual duration of the paid period. Calculation is needed to understand what part of this rest is provided on account of the existing experience, and what part is provided in advance.
Here are instructions on how to calculate the vacation period after maternity leave:
- Determine the total duration of the employee’s work in the organization.
- Establish periods that allow you to rest - they are listed in Art. 121 Labor Code of the Russian Federation.
- Calculate the number of days that the employee purchased for each of these periods and add them together.
An employee is given the right to paid rest: periods of direct work, including periods of regular vacations and sick leave, and labor and employment. Parental leave is not counted towards the length of service for receiving annual rest, except in cases where the employee works part-time without leaving the UM.
With a standard annual rest period of 28 days, a full month gives 2.33 days. If less than two weeks are worked in a calendar month, it is not counted towards the length of service; if more, it is counted.
How to calculate length of service for annual leave - instructions
In the calculator presented at the beginning of the article, you can calculate online the duration of the vacation period, which gives the right to annual rest.
For the convenience of calculating the duration of the required leave, the length of service is expressed in full months. For each month there are a number of days of rest equal to the annual duration divided by 12.
To carry out an online calculation in the calculator, you need to fill in 5 fields; instructions for filling them out are presented in the table below.
| Online calculator field | Field name | Instructions for filling out the calculator |
| 1 | employment date | Indicate the date of employment with the organization - click on the field and a calendar will open where you can select the desired date |
| 2 | Calculation date | Indicate the day on which you want to calculate the vacation period - also selected as a date on the calendar |
| 3 | Absenteeism and suspension from work | Enter the total number of days of absence from work without a valid reason or removal from work due to the fault of the employee (these periods are not included in the vacation period) |
| 4 | Maternity leave | Enter the number of days of maternity leave for a child under 3 years of age, if there was one during the period of work for this employer (days are also not included in the length of service) |
| 5 | Vacation at your own expense over 14 days per year | If in any year you took a total of more than 14 days off without pay, then the number of days in excess of 14 is not included in the length of service. Indicate in this field the total number of days of personal leave exceeding 14 for each year of work. For example: In the first year of work, a total of 20 days off were taken at one’s own expense, in the second year 7, in the third 15. This means that you need to enter 7 in this field (6 days for the first year and 1 day for the third are not included in the vacation experience). |
After filling out the fields of the online calculator, the duration of the vacation period is automatically calculated.
Below is an example explaining exactly how to carry out calculations using this online calculator.
Calculation example in 2021
Initial data:
| Day of applying for a job | 11.06.2016 |
| Calculation day | 15.11.2020 |
| Absence without good reason | 5 days for the entire period of work (from 03/10/2020 to 03/14/2020) |
| Holiday to care for the child | Absent |
| Vacation at your own expense | 21 day (from 02/01/2017 to 02/21/1017) |
Filling out the fields of the online calculator:
- 1 — 11.06.2016;
- 2 — 15.11.2020;
- 3 — 5;
- 4 — 0;
- 5 — 7.
Calculation results:
Rules and formulas
According to the Labor Code of the Russian Federation, each working year gives the right to 28 days of vacation (this is the established minimum). To calculate the length of service that gives the right to rest, it is necessary to calculate how many months the employee has worked and how many days of vacation he is entitled to for each month worked.
If there are 28 days per year, then per month 28/12 = 2.33 days.
Months worked should be calculated in this order:
- calculate the first working year (12 full months are counted from the date of installation, if there were excluded days during this period, then they are postponed to the end of the working year by the corresponding number of days) - this is 12 full months;
- calculate the second working year (the boundaries of the second year are determined in a similar way, taking into account excluded periods) - this is also 12 full months;
- all working years of employment with a given employer are counted sequentially;
- the last year will be incomplete, it counts the number of complete months and the remainder of the days;
- if the remaining days are equal to half the days of the month or more, then it is considered full and is included in the vacation period, otherwise it is not taken into account.
To explain the above calculation algorithm, consider the conditions of the example above and calculate the vacation period without using an online calculator.
The date of admission to the organization is 06/11/2016, the date of calculation of length of service is 11/15/2020. From 02/01/2017 to 02/21/2017 - vacation at your own expense, from 03/10/2020 to 03/14/2020 - absenteeism.
The calculation will look like this:
- 1st working year - from 06/11/2016 to 06/17/2017 (this year included 21 days of vacation at your own expense, 7 of which are not taken into account and shift the end of the first year by 7 days) - 12 months. length of service;
- 2nd working year - from 06/18/2017 to 06/17/2018 - 12 months;
- 3rd working year - from 06/18/2018 to 06/17/2019 - 12 months;
- 4th working year - from 06/18/2019 to 06/22/2020 - 12 months. (5 days of absenteeism are not taken into account);
- 5th working year - from 06/23/2020 to 11/15/2020 - 4 months. 29 days — rounded up to 5 full months.
Vacation period for the entire period of work = 12 + 12 +12 + 12 + 5 = 53 months.
Calculation example
Let's look at the calculation of leave after maternity leave using an example: citizen Sokolova got a job on 07/01/2016, actually worked for two months and went on maternity leave from September 1 of the same year. The two months she worked gave her 4.66 days.
Citizen Sokolova’s pregnancy was singleton, the birth was natural and uncomplicated, so the sick leave in connection with pregnancy and childbirth lasted 140 days - until January 18, 2017 inclusive. 140 days is more than four and a half months. During this period, Sokolova gained experience for a full five months: 2.33 × 5 = 11.65 days.
Immediately after taking sick leave due to pregnancy and childbirth, Sokolova went to the OUCH and stayed there until July 31, 2018 inclusive. Shortly before graduation, Sokolova announced her intention to go on vacation for a full 28 days.
Since Sokolova did not work part-time while caring for her child, this period did not give her any experience.
The total duration of the period earned by Sokolova was: 4.66 + 11.65 = 16.31.
11.69 days provided in advance.
Calculation of annual leave immediately after leaving maternity leave
Egorova M.V. works in from 10.10.2015. In the period from 07/06/2017 to 11/22/2017, the employee was on leave under the BIR, and from 11/23/2017 to 09/12/2020 she was on leave to care for her first child under 3 years old. A week before the end of the decree, Egorova M.V. wrote an application for annual leave for the unused 20 calendar days from September 13, 2020.
Art. 260 of the Labor Code of the Russian Federation guarantees a woman the right to be granted annual paid leave before or after going on sick leave for pregnancy and childbirth, or immediately after the end of maternity leave to care for a child under 3 years of age. In this case, a woman can apply for all the required 28 days, as well as for the days of the remaining unused vacation. If the employee has expressed such a desire, then the employer has no right to refuse this.
In this case, when calculating vacation pay, the period of BIR leave and parental leave is completely excluded, i.e. there is neither earnings nor working days for the estimated 12 months - in accordance with clause 5 of the Regulations on the specifics of the procedure for calculating average wages (Resolution of the Government of the Russian Federation No. 922 of December 24, 2007). However, paragraph 6 of Regulation No. 922 states: if the employee did not have earnings or actually worked days during the billing period, or this period consisted of excluded time, then the average earnings must be determined for the previous period, which is equal to the calculated one.
Using the above example for calculating vacation pay, Egorova M.V. The calculation period will be the actual time worked with the corresponding earnings until the month of maternity leave, i.e. from 01.07.2016 to 30.06.2017 (Letter of the Ministry of Labor and Social Protection of the Russian Federation No. 14-1/B-972 dated 25.11.2015).
How to write a statement
The application does not have a strictly regulated form; its text must reflect:
- FULL NAME. and the position of the addressee - the head of the organization;
- Full name, position, personnel number of the applicant;
- intention to receive annual paid leave immediately after CLEAR;
- how many days of vacation are due after maternity leave;
- date and signature.
The application should be submitted in advance - a few days before the end of OPUH.
