Features and rules for granting first leave at work

First vacation in a new place

In accordance with the requirements of Article 115 of the Labor Code of the Russian Federation, all employed citizens have the right to receive an annual vacation paid by the employer for a duration of 28 calendar days. That is, for each year of official employment, each employee is entitled to 28 days for rest. Those who have recently changed jobs ask HR officers when the first leave under the Labor Code is granted, do they need to work a whole year for this? Article 122 of the Labor Code of the Russian Federation says no. It is necessary to work in a new place for 6 months in a row, and the employee has the right to write an application for a paid vacation period. Here it is necessary to understand that the employer is not obliged to provide leave after six months of work: the Labor Code of the Russian Federation speaks exclusively about this possibility. True, in the first year of work, each employee still takes a rest. Some companies provide employees with this opportunity after 11 months of work experience. The working year begins on the first working day, not on January 1.

How many days of rest can an employee who has worked for six months or more take?

Newly employed citizens should always know how many days of vacation are due after 6 months of work according to the Labor Code. According to Article 115 of the Labor Code of the Russian Federation, in the standard case it is 14 days.

However, there are certain categories of employees for whom the duration of total annual paid leave exceeds 28 days. They may be given a different duration of rest after working for more than six months in a new place.

The final calculation of the duration of vacation can be done in the employer’s human resources department.

Who has the right to go earlier?

There are exceptions to every rule. There are several categories of citizens who do not think about how much they need to work in order to go on vacation: they have the right to do this literally from the first days of employment. It is enough to write an application addressed to the manager, as defined in Article 122 of the Labor Code of the Russian Federation. These lucky winners include:

• all minor workers (under the age of 18);
• pregnant women who go on maternity leave (Article 260 of the Labor Code of the Russian Federation);
• employees who adopted a newborn child (under 3 months of age);
• spouses of women who are on maternity leave (Article 123 of the Labor Code of the Russian Federation);
• parents (guardians, trustees) raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
• other employees (based on other laws and regulations).

The employer does not have the right to refuse a convenient time for a vacation period to such employees, even if they have just been hired.

Duration of the first rest

So, we already know that granting leave after 6 months of work is a completely feasible procedure. How many days are you allowed to take time off in this case? The standard annual vacation from work, paid by the employer and guaranteed by the state, lasts at least 28 days (Article 115 of the Labor Code of the Russian Federation). The Labor Code allows you to divide the first vacation after 6 months: the employee chooses how many days to rest. But only so that one of its parts lasts at least 14 days. Conclusion: after six months of work, a new employee has the right to receive a rest period of two weeks. But it is not forbidden to approve a period that will cover less or more than 14 days. Less - if the employee indicated so in the application, and more - by agreement. The legislation does not prohibit providing the days of paid rest required by law in advance.

Articles on the topic (click to view)

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• Accounting for compensation for unused vacation
• Dismissal while on maternity leave
• Notice of granting leave to an employee: sample 2021

Right or obligation of the employer?

Is an employer required to provide vacation after 6 months of work? This issue often becomes a stumbling block between the interests of the employee and the employer. The latter may mistakenly believe that he is not obliged to provide it immediately after the period of 6 months from the date of employment. However, it is not. An employee has the right to go on vacation for 14 days after working for more than 6 months.

Decor

How will management and HR determine when vacation is due at a new job if the employee is not included in the approved schedule? Organizations approve it in December, 2 weeks before the new calendar year. And newly employed citizens do not always end up there. In this case, changes to the schedule are made after the fact, but not in all cases. A new employee who wants to go on vacation writes a statement indicating the date of departure and the duration of the desired vacation period.

Duration

The duration of the first vacation at a new job depends on the moment when the employee wished to take it. In this case, the Labor Code provides the right to paid rest in full, subject to working for 6 months. Moreover, this period of work must be continuous.

It is important to understand that it is not necessary to go on vacation after six months. Allowing a new employee to take annual vacation is an employer’s right, not an obligation. He may refuse to grant leave if there is a production need for a specialist.

The employee must exercise his right to basic paid leave within a year. The employer is obliged to control this. By law, if the reporting period ends, he must send on vacation an employee who has not yet gone on vacation. Employers are responsible for unused vacations.

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The employee, in turn, can refuse leave and ask for its replacement with monetary compensation. This issue is resolved by agreement of the parties to the labor relationship. The subordinate has the opportunity to use this right only once every two years. It is prohibited to refuse the main vacation for two, three or more years in a row.

As a general rule, the total duration of the annual vacation period is 28 calendar days.

Certain categories of workers have the opportunity to receive additional days of rest:

• working under hazardous or difficult conditions;
• employees of kindergartens, institutions of basic, secondary special and higher education;
• minor workers;
• workers working irregular days.

There may be other cases of providing additional days, provided for by federal laws or local regulations.

The employer gives his consent to the employee going on vacation if he has a replacement with another specialist or can do without him temporarily. If a specialist has worked for 6 months, he can receive vacation days in advance, i.e. greater volume than he actually earned. Previously, such a possibility was out of the question.

Naturally, employers try to avoid such privileges, since the risk that the employee will not return after receiving payment in advance is very high.

To protect the employer, the law provides for the possibility of collecting debt from a subordinate for used, paid, but not worked vacation days. But limiting the amount of the penalty to 20% of earnings does not guarantee full compensation for the damage incurred.

First vacation after being hired

In accordance with Russian legislation, the first leave after employment is granted to all able-bodied citizens. Issues of its provision are regulated by a number of regulatory and legal acts of a federal and local nature.

Not all employees are aware of the rules for assigning leave. An employee must be granted the first leave if he has worked continuously in the same workplace for at least six months. Usually it is given to employees in the seventh month from the date of the crime to their immediate official duties.

This is important to know: Accounting for compensation for unused vacation

Many workers are mistaken in believing that the maximum they have available is two weeks of rest. But this is not so; vacation in the first year of work must be at least 28 calendar days after he has worked for six months at his workplace.

If you do not want to use the right to vacation, then, based on Russian labor legislation, you have the right to demand monetary compensation for unused vacation. It follows from this that it is not necessary to go on vacation after 6 months of work. The employer can grant leave before the expiration of the six-month period. But then vacation pay for unworked rest days will be deducted from you, and this must be remembered.

How many days of vacation are you entitled to after 6 months of work?

After working for a certain period of time, the employee has a question about vacation. The legislation of the Russian Federation describes the right to rest for employees. After what period of time does the organization give rest, and how do they calculate the number of days? What is the procedure for completing it? Can an employer refuse to provide it, and what are the possible consequences? All these nuances will be discussed later in the article.

Vacation after 6 months of work according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation provides employees with the opportunity to receive paid rest, not immediately after employment, but six months must pass. This provision is enshrined in Art.

122 Labor Code of the Russian Federation. To use vacation after 6 months of work, the employee's service must be continuous during this time.

During this period there should be no layoffs; business trips or sick leave are allowed.

These include workers:

• pregnant women;
• minor workers;
• employees who adopted a newborn.

After 6 months of work, vacation is granted in the number of days as if the employee had worked a calendar year, or a minimum of 14 days. According to the law, you need to decide on vacation before the 11th month of work, since the 12th month is already considered the time of paid vacation.

How many days are there?

An employee must take his first vacation within a period of six months to a year of work. Control over this process rests with the employer. In case of violation of such a norm, it is he who is responsible before the law. Once every two years, an employee can refuse to rest and ask for compensation for these days.

How many days must an employer provide for rest? Based on Art. 115 of the Labor Code of the Russian Federation, an employee is entitled to 14 days after six months of work. Employees listed below are entitled to additional rest time:

• working in difficult, harmful, dangerous conditions;
• employees in educational institutions;
• minor employees;
• having irregular working hours.

Its duration is determined based on belonging to a certain category.

Does an employer have the right to refuse leave after 6 months of work?

Leave is granted by the employer upon application by the employee. You can not allow someone to go on vacation only if there are compelling reasons for this, if there is no one to replace the employee. The employee agrees on the date, since the employer has the right to postpone the rest period to another period if necessary.

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How is the calculation made?

There are three components to consider:

• billing period;
• average daily earnings;
• number of days of rest.

The employee's pay period is determined taking into account the time worked. If the employment was six months ago, it is equal to 6 months. To calculate average earnings, all wages that were paid during the billing period are summed up. The resulting number is divided by the number of days worked by the employee.

• Total salary = 12500*3 + 18000*3 + 5000 = 96500.
• Average earnings per day = 96500/29.3*6 = 549.
• Vacation pay = 549*14 = 7686.

For two weeks of rest, the employee will receive 7,686 rubles in vacation pay.

Sample application

New changes in legislation do not establish a unified application form. Important data such as:

• Full name and position of the manager, company;
• Full name and position of the employee;
• document's name;
• request to provide leave, start and end date;
• date and signature.

After 6 months of work, the law requires vacation, which is paid. It is available in full, regardless of working for less than a full year, and is calculated based on the billing period and average earnings.

If you have any questions, consult a lawyer. You can submit your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

Features of providing leave

Providing leave after 6 months of work is regulated by labor legislation. Any employee has the right to leave after six months, but the moment it starts depends on the intricacies of work within the company. There is such a thing as a vacation schedule, and in accordance with it, your vacation can shift significantly in time. Therefore, it is difficult to answer the question when the first leave is granted under the labor code.

The employer must provide leave to the following persons:

• Women before maternity leave or, for example, after returning from maternity leave to work;
• An employee who has a spouse on maternity leave;
• A minor employee under the age of eighteen;
• Employees who have adopted a child under three months of age;
• Employees who work part-time;
• To employees and victims of the disaster at the Chelyabinsk and Chernobyl nuclear power plants, combat veterans, heroes of the USSR, Russia, Socialist Labor, Honorary Donors of the Russian Federation.

Employees are often concerned with the question: how long do they need to work to go on vacation? According to labor law, this period is equal to six calendar months from the date of commencement of work, but ultimately the answer to this question depends on the employer himself. In any case, the employee must receive leave no later than eleven months from the date of joining the organization.

How is vacation granted in the first year of work? There are no special tricks here. A personal application addressed to the head of the company is sufficient, who subsequently issues an order assigning leave. The procedure for granting the first leave is the same as for all others.

How many days?

Thus, it turns out that after six months of regular work with a particular employer, the employee who has been granted leave has the right to receive basic paid rest in full, namely for a total duration of twenty-eight calendar days annually. Many people are wondering whether vacation after 6 months is the right or obligation of the employer.

The Labor Code of the Russian Federation does not take into account the possibility of granting partial annual leave in kind with payment, that is, in proportion to the time worked in a particular working year. Based on this, vacation, which is considered regardless of working hours in the year, is provided in full, namely within the established duration.

Some tricks and certain nuances

So, we answered the question of when vacation is due at a new job. We have already found out that an employee has the right to a well-deserved rest six months after intensive work. But many employers are cunning, offering the employee only two weeks of rest instead of the required twenty-eight days. What to do in this case? This is why it is necessary to know when leave is due and how long the employee is entitled to, so that in the event of a violation of labor laws by the employer, he can protect his rights. Russian labor legislation draws the attention of workers to the fact that they have the right to count on rest, almost equal to one month. The Labor Code of the Russian Federation obliges the employee to provide vacation in full after six months of work, and the fact that this is his first vacation does not mean that exceptions need to be made. Therefore, you need to fight for your rights.

If an employer deliberately does not give its employee the right to rest, then in this case the employee must contact the labor inspectorate or court. The Labor Code obliges the employee to provide leave after 6 months.

It is also worth mentioning such a specific phenomenon as the vacation schedule. Usually it is in every organization, even with a small staff of employees. Only individual employers do not have it. Therefore, to answer the question of when you can legally go on vacation, you should refer to the vacation schedule. The employer is obliged to warn employees about the vacation two weeks before it begins. In any case, the employee should not be given rest before the start of the working year. The exception is special cases (additional agreement between the employer and the employee of the organization).

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The procedure for granting vacation days

To get the opportunity to rest after working for 6 months, it is advisable to draw up an application.

The entire process for the employee will require a certain execution sequence:

1. drawing up an application for leave indicating the duration and date of the first day or exact time limits;
2. approval of the application from the manager;
3. submission of an agreed application to the HR department;
4. signing of the order by the interested party.

Leave 6 months after employment is granted only after all documents have been completed. In some organizations, if an employee goes on vacation as scheduled, filing an application is not required. If the company has a vacation schedule and the employee does not fit into it, an additional application for transferring rest days will be required.

However, if an employee came to work this year and is not included in the schedule, then after 6 months of service he can go on vacation as agreed with the employer.

Often, a change is made to the schedule by order due to the arrival of a new employee and taking into account the existing procedure applicable to other employees.

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When and how many months later can you go on vacation after employment?

According to the law, the employer has the right to send a worker on vacation at his own discretion. Following discipline, organizations often create a vacation schedule with the onset of a new calendar year. Thanks to this list, you can proportionately calculate the company's expenses so that it does not become expensive, this applies to vacation pay and lack of employees. Many people, only after being hired, do not know how long after they can take vacation. Let's take a closer look at when is it realistic to go on vacation after employment?

Right to first leave under labor law

After being hired, a person is entitled to leave after 6 months. The rest can last twenty-eight days. Workers belonging to the preferential category can obtain the right to go on vacation before six months of work. They are allowed to take leave without waiting for a positive response from the administration.

When going on vacation after six months of work, after six months, the worker retains his job and salary.

After each month worked, the employee must receive 2.33 days of vacation. The total after 6 months is 28 days. Some employers ignore the law. In the process of finding out how much leave is due after employment, only 14 days are provided.

Expert opinion

Novikov Oleg Tarasovich

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

But compulsory annual paid leave lasts for a period of fourteen continuous days; if a month is partially worked, compensation must be accrued in full.

This is important to know: Are vacation pay included in the calculation of maternity pay?

When hiring an employee for a temporary job of up to two months or less, this is the case when a vacation of two days is due for each month of work.

Calculation examples

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

Example 1

Example 2

The HR specialist got a job in September 2015. For the first three months, while on probation, she received a salary of 12.5 thousand rubles. Then the payment was increased to 18 thousand rubles. The employee also received a bonus in December - 5 thousand rubles. From February 1, 2021, the employee takes paid leave for two weeks. What kind of vacation pay will a HR specialist receive?

Thanks to a bonus of 5 thousand rubles, the employee’s income in December was 23 thousand rubles. Average daily earnings are 549 rubles. Therefore, the amount of vacation pay for 14 days of vacation will be 7,686 rubles.

Example 3

The engineer got a job in October 2021, 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?

Example 4

The employee has been working as a storekeeper in the organization since August 2015. The storekeeper's salary is 10 thousand rubles. In November, the employee took sick leave for 7 days. Salary for November, excluding sick leave, is 8 thousand rubles. In February, the storekeeper wants to take a vacation for 10 days. How much holiday pay will she receive?

This is important to know: Returning from maternity leave

When calculating average daily earnings, sick leave payment is not taken into account. And also a seven-day sick leave period will be excluded from the calculation, so the average daily earnings of an employee is 343 rubles. We multiply this amount by the number of vacation days (10), the total amount of vacation pay is 3,430 rubles.

Preferential categories

According to labor law, an employee can go on vacation if employment in a position lasted less than six months; in this case, the employee must belong to a preferential category:

• women in the prenatal and postpartum period;
• those employees who adopted a child less than 3 months old;
• other situations when the organization establishes the beginning of the vacation period in accordance with legal regulations;
• employees of the enterprise who have not reached the age of eighteen;
• retired workers, veterans who have earned the title by working conscientiously for many years.

In the future, beneficiaries go on vacation in accordance with the law and the vacation schedule in force at the enterprise.

You can exercise the right to early leave after completing an application two weeks before the start of your vacation. The document is drawn up in the name of the director.

If management does not give an affirmative answer, the employee has the right to file a complaint with the labor inspectorate.

Types of vacation

Vacation can be of two types:

1. Basic. Provided to every employee without exception. The duration of such rest should not exceed four weeks. Provided annually.
2. Additional. Regulated by the internal documentation of the organization.

Depending on the category of workers, the duration of the main vacation period depends:

• for disabled people – 30 days;
• minors – 31 days;

As for the additional part of the vacation, this point is not limited by any framework. The employer himself has the right to decide how much additional rest to provide his workers.

Employee rights after employment

The majority of workers are adults. The first time after employment, as already mentioned, they can go after six months of work, this includes:

• two weeks without pay;
• holidays;
• weekend;
• days when the employee was absent from the workplace due to illness or for reasons beyond his control.

The last point includes illegal dismissal. In this case, the employee has the right to appeal to the judicial authorities. If the case is considered in favor of the worker, those days that he took off work due to the fault of the employer will be included in his work experience and must be compensated monetaryly.

The situation is similar with passing a medical examination and training at the initiative of the employer. The only problem is to prove your innocence.

An employee may receive the right to additional leave in the first working year if the following situations do not occur:

• alcohol intoxication;
• deprivation of certain rights (driver's license, license, right to bear arms);
• problems with passing instructions and medical examinations;
• inability to continue working.

Drawing up an application

The vacation application can be completed manually or in printed form. The main requirement is the signature of the originator. The structure of the form is as follows:

1. Document header. Should be placed on the top right. The data of the director is entered: position, full name of the director, name of the organization, full name of the compiler.
2. The title is placed in the middle of the form in capital letters.
3. The main text is written in any order and contains a request for leave.
4. Signature.

There are some cases that require a written application to extend or postpone the vacation period. This includes:

1. Period of employee illness;
2. The period during which an employee performs government-important tasks. Acting as a juror at a court hearing, participating in elections.

Vacation schedule: when are new employees entitled to vacation?

Expert opinion

Novikov Oleg Tarasovich

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

As you know, the order of granting vacations to employees is determined according to the vacation schedule. It must be drawn up no later than December 17 of the current year for the next calendar year (Article 123 of the Labor Code of the Russian Federation).

If at the end of the year you have an employee who has been working in the organization for less than 6 months, then when creating a schedule, you should plan vacation for him during his first working year. And if it turns out that he has the right to go on vacation before the end of six months of work (as in the case when a husband asks for leave during his wife’s pregnancy), then changes will need to be made to the schedule.

Rest order

The frequency of vacation periods at the enterprise is established by the vacation schedule. The document is drawn up annually 2 weeks before the new year (Article 123 of the Labor Code of the Russian Federation). For employees who have not worked for six months, vacations are planned for the next year or changes are made to the current schedule.

As a general rule, every employee has the full right to receive basic leave every year. He can use it after six months of work. In this regard, the vacation period required by law may be divided into parts, one of which should not be less than 14 days.

Leave order form

Duration of first vacation

If the first vacation is granted after 6 months, then for how many days? According to the Labor Code of the Russian Federation, an employee’s annual paid leave must be at least 28 calendar days (Article 115 of the Labor Code of the Russian Federation). And it is logical to assume that leave after 6 months of work should be granted for half of this period, that is, for 14 calendar days. But nothing prevents the employer from letting the employee go on vacation after 6 months under the Labor Code and for a longer period, because providing vacations in advance is not prohibited. Therefore, this issue is resolved in practice, again by agreement between the employee and the employer.

It must be taken into account that an employee may resign before the end of the working year for which he or she has already taken leave. In such a situation, the employer has the right to withhold from the amounts due to the employee the debt for unworked vacation days (Article 137 of the Labor Code of the Russian Federation, clause 2 of the Rules on regular and additional vacations, approved by the NKT of the USSR on April 30, 1930 N 169). But as a general rule, the amount of all deductions for each salary payment cannot exceed 20% of its amount (Article 138 of the Labor Code of the Russian Federation). Therefore, employers are not always able to withhold debts from employees in full.

This is important to know: Application for a day on account of vacation: sample 2021

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.

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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.

Vacation after six months of work according to the Labor Code of the Russian Federation: how is it paid?

How is vacation granted in the first year of work? It is clear that at the request of the employee and in agreement with the employer. How are vacation pay calculated? For those who have been working in the organization for a long time, the average daily earnings, on the basis of which the amount of vacation pay is calculated, is determined for the 12 calendar months preceding the month of the vacation.

And when calculating vacation pay in the first year of work, the calculation period is taken from the first day of work of a newly hired employee to the last day of the month preceding the month the vacation begins. And the average daily earnings are calculated using a formula taking into account the actual period worked.

Calculation of vacation pay for six months

Vacation pay for an incomplete year of work is calculated differently than for a full twelve months.

The amount an employee will receive when going on vacation depends on three components:

1. Billing period. In the case where an employee, after working for six months, takes a vacation, the billing period will be exactly six months.
2. Average employee earnings per day. The amount of average earnings per day depends on the billing period. When calculating the average daily earnings of an employee, the accountant sums up the salary for each month, then divides the resulting figure by the number of days worked. If the employee worked the whole year, then this figure is 352.8. If the employee worked for an incomplete period, then the number of months is multiplied by 29.3. The average earnings received are multiplied by the number of vacation days. The resulting figure is the amount that the employee will receive as vacation pay.

It should be noted that when calculating average daily earnings the following are not taken into account:

• Sick leave, vacations, business trip payments;
• Awards for an anniversary or other holiday;
• Compensation for travel and food;
• Other additional payments that are not included in wages.

Legislative basis of the issue

According to the Labor Code, any work activity must bring in appropriate and regular earnings, as well as payment for vacation required by law. It often happens that a citizen requires rest already in the first year of work, but the required 12 months have not yet passed. In this regard, employees have a question about when they can go on vacation and how much vacation they are entitled to after 6 months.

To get your first vacation after getting a job, you don’t even need to work for six months. The manager has the right to provide some employees with the required period in advance, however, here we are talking about an individual agreement.

If you look at when this right is due, then the first period is six months. After 6 months, the employee has the right to apply for rest days. To eliminate problems in the future, it is worth discussing this issue during the hiring process.

How many days can I take a vacation?

Having answered the question whether it is possible to provide vacation earlier than 6 months, it is worth paying attention to how many days such vacation should be. The length of the period depends on what position the person applying holds and what social category he belongs to. Individuals may take an extended rest period of 30 days or more. Here we are talking about the following employees:

• under the age of majority;
• having health limitations;
• those employed in work with chemical weapons;
• teachers and researchers.

The opportunity to go on vacation before the six-month period of work is prescribed in Article 122 of the Labor Code of the Russian Federation. Here, the consent of the head of the company is necessary, since some citizens, after receiving leave and payment, apply for resignation. As a rule, consent is given only in relation to employees who are considered reliable and conscientious workers, and also have certain recommendations.

But how to pay for it?

So, Article No. 122 of the Labor Code of the Russian Federation talks about the annual provision of paid leave after 6 months; the employer has absolutely no reason to pay only for part of such rest, which is fourteen calendar days. In such a situation, the boss undertakes to pay all twenty-eight days that fall during the period of the employee’s annual basic leave with subsequent payment. All calculations for average earnings, which are saved during the rest period, are calculated in accordance with the rules established in Article No. 139 of the Labor Code, in particular the provision of various features in the procedure for calculating the average salary.

Who is entitled to receive leave in advance in any situation?

If an employee decides to resign immediately after a vacation, management will be able to withhold paid vacation pay from the compensation due in connection with the dismissal. If there is nothing to keep the money from, you will have to file an application with the court. It is for this reason that employers try not to provide such an opportunity to employees.

However, there are certain circumstances defined by law in which the manager will not be able to refuse the required days. The following cases are possible:

• minor citizens;
• pregnant women;
• employees who have taken in (adopted) children under 3 months;
• parents of children with disabilities under 18 years of age;
• spouses with two children under 14 years of age;
• men whose spouses went on maternity leave;
• women whose spouses are in military service;
• persons who were involved in the Chernobyl accident;
• part-time employees.

Separate rules apply to pregnant women. Such employees are entitled to another 28-day leave before going on maternity leave or upon its completion, when the woman returns to the workplace. Here, work experience in the company does not play any role.