Duration of annual paid leave: legislative norms, accounting of holidays

How to count

Employees often ask the company’s HR specialists how many days of vacation are required per year by law. If you carefully study the provisions of Art. 115 of the Labor Code of the Russian Federation, it will become clear that an employee’s annual paid vacation should last less than 28 days. In addition, based on the requirements of Art. 120 of the Code, vacation is usually counted in calendar days, not in working days. See also “Procedure for granting annual paid leave”.

Who is eligible for extended vacations?

In certain situations, employed persons have the right to count on extended basic leave, for example:

• If the employee has not reached the age of majority, he is entitled to a vacation equal to 31 calendar days, this is emphasized in Art. 267 Labor Code of the Russian Federation.
• For employees with a confirmed disability, the main vacation cannot be less than 30 days - this rule is enshrined in Art. Law on social protection of disabled people No. 181-FZ of November 24, 1995
• Teachers rest for 42 or 56 days, the duration of their main vacation is tied to the type of educational institution acting as an employer and the position of a specialist (Article 334 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated May 14, 2015 No. 466).
• Vacation for scientific workers is 36 and 48 working (not calendar) days, if we are talking about candidates and doctors of science, respectively (Resolution of the Government of the Russian Federation of August 12, 1994 No. 949).
• For persons involved in work using chemical weapons, a reduced working week and extended vacations lasting 49 or 56 days are provided (Law No. 136-FZ of November 7, 2000).
• Rescuers of emergency rescue units and services are entitled to annual leave equal to 30 (for service experience up to 10 years), 35 (for service experience from 10 to 15 years) or 40 (for service experience over 15 years) days (Article Law No. 151-FZ dated 08/22/1995).
• For doctors who are at risk of contracting HIV infection in their work, a basic vacation period has been introduced, calculated not in calendar days, but in working days - it is equal to 36 days.
• Basic leave of civil servants according to the norms of Art. Law of July 27, 2004 No. 79-FZ is 30 days.
• Vacation for employees of the prosecutor's office is 30 days in calendar terms, excluding the time spent by a specialist traveling to a place of rest (Article 41.4 of Law No. 2202-1 of January 17, 1992). Similar standards for rest are provided for employees of the Investigative Committee of the Russian Federation (No. 403-FZ dated December 28, 2010).

For many of the above categories, the laws also provide for additional leaves of varying durations.

How to properly divide your vacation into parts

No subordinate can be required to use all the days of rest due to him at a time. This provision is in Art. 125 Labor Code of the Russian Federation. It also indicates exactly how to distribute rest days during the working year. According to the current rules, when splitting vacation, one component must be at least 14 calendar days. Typically, the employer insists that one vacation in the current period have this duration.

Subsequently, subject to this requirement, the remaining parts can have any duration, even one or two days. Sometimes internal documents stipulate a different duration of vacation. For example, an employer will stipulate in a collective agreement that the minimum number of vacation days for employees of his company is three. This state of affairs is not considered a violation.

How many vacation days does an employee get for each month worked?

With regard to calculating the exact number of vacation days that modern employees are entitled to, the current legislative norms have long established special formulas and schemes. In particular, all calculations are made based on the official value of 2.33 days. The fact is that this is exactly how many days of paid leave an employee is entitled to for each month of his work in the organization. Using the above value, calculating the required number of rest days is quite simple. It is only important to know the exact time period for which such a calculation will need to be carried out.

Separately, mention should be made of such an important issue as dividing the vacation period into several parts. This option often turns out to be very convenient for a large number of employees. By using it, they will be able to go on vacation at least twice in one year. However, here employers need to remember the main rule.

In particular, vacation sharing is indeed possible and is not a violation. The main thing is that one of the parts of the employee’s vacation period is at least 14 calendar days. As for the remaining days of rest, the employee can use them as he wishes. However, you still need to discuss this issue with the employer in order to avoid possible disputes and subsequent claims.

Sometimes the initiative to divide the vacation period comes not from the employee himself, but from his employer. This is understandable: some bosses do not like to let their subordinates go for a long time. This is why they prefer that employees take two vacations of 14 days each.

It should be noted that in the above situation there are no violations, however, before dividing the leave of his subordinate, the employer must always obtain consent to such actions from his employee. Otherwise, such actions of the boss may contradict current standards and violate the interests of the employee. Moreover, for unlawful division of vacation, the director of the organization may be subject to various disciplinary measures.

Determining the exact number of vacation days at the time of dismissal

The current labor legislation did not establish any special schemes or principles for determining the exact number of vacation days earned by an employee at the time of his dismissal. This means that in this case the employer must use standard calculation schemes that are also used in other situations. Here you need to be guided by the following principles:

1. If an employee, at the time of his departure from the organization, had worked for at least 11 calendar months and had never taken a vacation, this means that he will be entitled to full annual compensation for the unused vacation period.
2. If the subordinate’s work time in this company has not yet reached the eleven-month mark, then the calculation of the required number of days of rest is made “after the fact.” That is, the actual number of vacation periods worked is taken as a basis.
3. As for the calculation formula itself, the standard value is taken as a basis - 2.33 days. To establish the exact number of days, this amount is simply multiplied by the number of months worked. If an employee, for example, has already used a certain number of vacation days, it means that it is deducted from the total amount of allotted vacation days.
4. During immediate dismissal, the employee's available vacation days can be used in two different ways:
   for their intended purpose. This means that the employee will be able to take leave before leaving the organization for good. This option can be a great help if a subordinate does not want to work the standard two weeks before leaving;
5. the employee receives monetary compensation for unused days. When choosing this option, the rest days available to the subordinate will be “transferred” into cash. The exact amount of compensation will depend on the number of vacation days, as well as on the average earnings of the subordinate. The entire amount of compensation must be paid to the employee on his last day of work.

How weekends and holidays affect the period of rest

According to the current rules, weekends are counted towards the total duration of vacation. They are subject to the same payment as working days. Let's clarify this with an example. Storekeeper Ivantsov has drawn up another application for leave, which lasts from June 14 to June 21 of this year. Moreover, 18 and 19 were days off. Therefore, the employee needs to be given 8 days off, and all of them should be paid in the same amount.

Unlike calendar weekends, holidays are not included in the total vacation period. That's why they don't get paid. Let's turn to the example given earlier and assume that our storekeeper Ivantsov is going to rest from June 6 to June 21. This amounts to 16 calendar days. The provisions of Art. will help you find out how long the vacation lasts in this case. 112 Labor Code of the Russian Federation. Based on its contents, only 15 calendar days will be included and paid for vacation, since in our country June 12 is an official holiday. Also see “If the vacation coincides with the holidays.”

Extension or postponement of vacation

Despite the existence of a vacation schedule at the enterprise, there are situations when, on the initiative of the employer or the desire of the employee, the previously established vacation period needs to be postponed to another time or extended by a certain number of days.

This possibility is spelled out in Article 124 of the Labor Code of the Russian Federation. According to this information, the vacation is extended or postponed to another period, determined by the manager taking into account the employee’s opinion, in the following cases:

1. Temporary disability of a citizen . In this situation, it is possible to either postpone the vacation if the illness occurred before the start of the vacation days, or extend the sick leave by the number of days if the illness began during vacation. Moreover, to obtain this right, the employee himself must be disabled, and not his family member.
2. An employee performs government duties , for example, undergoing military training, working on an election commission, or serving as a juror in a court hearing.
3. Late notification of the employee about the start date of the vacation (later than two weeks before the start of the vacation), as well as a delay in the payment of vacation funds (later than three days before the start of the weekend).
4. Situations where vacation may adversely affect the activities of the organization as a whole . Such moments include unscheduled inspections, emergency situations, enterprise reorganization, introduction of new equipment and systems, urgent business trips, and replacement of a manager in the event of his temporary disability. However, in such cases, postponing or extending vacation is permissible only with the written consent of the citizen.

All of the above situations allow the transfer or extension of vacation upon written application of the employee. The Labor Code also provides for the transfer of vacation days in the following situations:

1. If the employee's wife is on maternity leave , the husband can take vacation days during this period (Article 123 of the Labor Code of the Russian Federation).
2. Minor employees, persons who have adopted children under 3 months , as well as women before and after maternity leave can go on leave at any time convenient for them (Article 122 of the Labor Code of the Russian Federation).
3. If a woman's husband is a military serviceman , vacation days are provided to the employee at her request during her husband's vacation period (Federal Law No. 76).
4. When working part-time, rest is granted during the same period as leave at the main place of work (Article 286 of the Labor Code of the Russian Federation).

In all other situations, transfer or extension is possible only with the personal consent of one of the parties to the labor relationship, depending on the current situation.

In any case, Article 124 of the Labor Code of the Russian Federation prohibits failure to provide an employee with leave for two years in a row.

Rest according to internal documents

The previously mentioned duration of rest of 28 calendar days is the shortest. Any employer can change it by establishing longer paid leave for company employees. In this case, the number of additional rest days due should be indicated in an internal regulatory document: a collective agreement or internal labor regulations. Sometimes this norm is prescribed in employment contracts with subordinates.

Keep in mind: according to paragraph 24 of Art. 270 of the Tax Code of the Russian Federation, the costs of paying for extended vacations will not allow reducing taxable profit. Although the number of paid vacation days for a given employee will increase, the company will be able to expense only the portion of vacation pay that is due to the employee for 28 days. The organization will have to pay the rest of the amount from its net profit.

Personal income tax must be withheld from the entire amount of accrued vacation pay. In addition, it must be subject to insurance premiums. Personal income tax should be transferred to the local budget, and contributions to the corresponding extra-budgetary funds.

Legal leave

A number of categories of employees are entitled to longer holidays. Who exactly can apply for extended rest, and how many days of vacation are required under the Labor Code of the Russian Federation in a given case, can be found out from our table.

By carefully studying this table, you can understand how many days of vacation lasts for certain specialists.

Cases of increasing the duration of leave

The number of vacation days does not increase in proportion to the number of years worked. But this does not mean that you cannot count on a longer rest. There are categories that are entitled to additional leave.

Additional vacation periods are divided into:

• paid;
• unpaid.

Unpaid leave is not compensated by the employer, but this period is not deducted from the total number of working days when calculating the average salary for calculating vacation compensation.

But we are more interested in paid additional rest, because this time can not only be taken off, but also, if desired, compensated with money by remaining at work.

Article 116 of the Labor Code of the Russian Federation allows the employer to give his employees additional paid rest at his discretion. But there are also groups of people who can count on this privilege on an official basis.

The same article 116 provides a list of working persons who must be provided with additional annual paid rest time.

The following may count on additional vacation days:

1. People employed in jobs that are classified as hazardous or hazardous.
2. Employees who have a note in the employment agreement about the irregularity of their work or the special nature of the duties performed.
3. To everyone working in the Far North and similar areas.

Each of these categories is provided with an individual duration of additional calendar days of vacation. Some employees may combine several positions in their profession at once, in which case all additional vacation periods prescribed by law per year are summed up.

Irregular working hours

The employer decides how many vacation days are due per year to employees who have an irregular work schedule. It all depends on the specifics of the job and how often a person is involved in work outside of working hours.

According to the law, not only those professions that involve a traveling nature of work or work outside a specific organized place are considered irregular. If a worker has a stable place where he performs his job duties with an agreed standard schedule, but due to the nature of his profession he can be involved in solving some problems outside of normal work hours, then such work is also considered irregular.

The Decree of the Government of the Russian Federation No. 884 of 2002 stipulates the list of employees who can count on additional rest due to their irregular work hours.

1. Leaders.
2. Deputy management staff.
3. Engineers, technologists and other technical staff.
4. Housekeeping staff.

This is a very approximate list and does not reflect all possible variations. When deciding whether to grant additional time off, one should be guided by the fact that employees of a particular profession are involved in work duties during non-working hours.

Some organizations monitor such aspects, as a result of which they expand or reduce the list of people included in this category.

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

There is no single standard for determining the period, but there is a minimum barrier below which it is prohibited to set it; it is established in Article 119 of the Labor Code of the Russian Federation. For non-standardization, at least three calendar days are provided.

Please note that we are not talking about working days. Like other vacation periods, additional rest is calculated in calendar equivalent.

Working with hazardous working conditions

All additional vacation periods are provided based on legal standards, the main of which is the Labor Code. But this does not exclude the fact that the employer is obliged to prescribe rest periods in its local regulations.

The collective agreement provides a complete list of professions in the organization, indicating how long the vacation lasts for a particular category. A collective agreement allows general information taken from the Labor Code to be specified, indicating only those points that directly concern a given company.

When concluding an agreement with a new employee, the individual working conditions that will apply to this person are also entered into the employment document.

In the case of harmful and/or dangerous working conditions, the vacation period is not assigned at the request of the employer, but if there is justification. Such justification can be the certification of the workplace.

For this purpose, a commission is pre-appointed, which takes measures to assess the existing conditions. A certain gradation has been established that allows you to determine the degree of danger and harmfulness.

In accordance with it, additional rest is prescribed, that is, the higher the harmfulness, the longer the vacation time. Those jobs that are awarded grades 2, 3 and 4 are considered dangerous.

Article 117 of the Labor Code of the Russian Federation establishes that the permitted minimum barrier to additional rest is seven days. Less than 7 days of additional rest cannot be assigned to those employees who work in places with danger level 2.

If the degree is higher, then the term increases. The truth is that the code does not say about the proportionality of the increase; this point remains at the discretion of the organization’s management.

Expert opinion

Gusev Vladislav Semenovich

Lawyer with 10 years of experience. Specializes in criminal law. Member of the Bar Association.

The established degree of danger is not final and unchangeable. If the employer regularly takes measures to improve working conditions, then the harmfulness should decrease.

According to the decrease in the degree of harm, additional rest may also decrease.

Duration of the “northern vacation”

Vacations for people who live and work in the difficult conditions of the Far North are naturally longer than for other workers. The long rest of the northerners consists of 2 parts:

1. paid standard leave of 28 calendar days;
2. paid additional leave, the duration of which depends on the climatic conditions of the area where employees work.

Based on the norms of Art. 321 of the Labor Code of the Russian Federation and other legislative acts, it is not difficult to figure out how many days of northern leave are legally due to certain employees:

• workers in the Far North are entitled to 24 calendar days;
• in areas equivalent to the Far North, workers have an additional 16 calendar days of rest;
• in other northern regions, where percentage salary increases and regional coefficients apply, employees of local companies are entitled to another 8 calendar days.

Vacation for a part-time worker

Part-time workers are granted paid leave simultaneously with leave from their main job. The duration of such leave cannot be less than the value specified in the Labor Code of the Russian Federation. If the duration of leave at the main job is longer than at the part-time job, for example, due to additional leave, the part-time employee (at his request) is granted leave of the corresponding duration without pay. Vacation must be granted to a part-time worker, even if he has not yet worked for 6 months - then he will have the rest in advance (Article 286 of the Labor Code of the Russian Federation).

How to write an application for additional leave

According to the current standards, such a statement is drawn up in accordance with the office work rules in force at the enterprise. If the company has a template for such a document, filling it out will not be difficult.

Otherwise, you can use the standard application form for the next vacation. Then in the content of the document it should be noted that the vacation is additional, indicate the start date of the vacation and its duration.

Please note: you can take additional vacation only after the main vacation time has been used.

Most employees clearly know how many days are required by law for vacation . 2021 and 2021 were no exception in this regard. No changes were made to federal legislative acts regarding the duration of paid rest time.

As for local regulatory documents, it is in the interests of each employee to request from the personnel service all regulations, orders and instructions regarding the duration and procedure for paying vacations. This will help the employee clearly understand how many days of rest he can count on, and, based on this, make further plans.

When choosing rest periods, you must remember that vacation can be taken not only for the time that has already been worked in the company. Based on the norms and provisions of Art. 122 of the Labor Code of the Russian Federation, in agreement with the employer, the employee can take it in advance.

Read also

15.07.2016

Duration of vacation period

All working people are entitled to leave under the Labor Code. Every year, an employee has the right to rest for as many days as prescribed in the employment contract. But the contract itself is drawn up taking into account legal norms and cannot contradict labor standards. In accordance with this, each category of employees has its own vacation periods.

Each employee is provided with a basic leave of 28 days. This amount is stipulated by Article 115 of the Labor Code of the Russian Federation. You can take a vacation at any time, theoretically there are no restrictions, except for the first year of work. A new employee can claim rest only after six months. Moreover, after six months, he can immediately claim the entire segment allotted to him by law. There are special categories that are entitled to vacation not after six months of work, but even earlier. This list includes women who are expecting a child, minor employees, as well as those who adopted a baby before the age of three months. Part-time workers can also take leave earlier, provided that their main place of work has a suitable period for rest. In the second year of work and all subsequent years, the duration of the vacation period is not standardized by law. In fact, you can choose it completely even at the beginning of the working year. The main thing is that the time has been previously discussed with the employer.

The number of vacation days according to the Labor Code is not the only established rule when assigning rest to employees. It is also important to have a predetermined order in which employees are on vacation. This measure is mandatory, although it allows you to postpone previously established periods and take several days off-hours as vacation. The schedule itself, postponements of vacation, as well as the registration of days on account of vacation, are taken only with the agreement of the management of the organization and its approval.

Additional paid leave: cases of provision and payment

Additional leave is provided without fail in situations provided for by the Labor Code of the Russian Federation and other federal laws:

• workers employed in hazardous and (or) hazardous industries;
• working in the Far North and similar places;
• minors;
• disabled people;
• workers with irregular hours;
• working in the fields of sports, education and medicine;
• for certain types of work of a special nature;
• employees of government agencies for military and regulatory purposes;
• a circle of people for whom leave is compensation (victims in Chernobyl, Semipalatinsk, etc.).

Additional holidays may also be established by internal regulations.

Articles on the topic (click to view)

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

If there are additional vacation days, they are summed up in the year with the main vacation to calculate the total duration of annual vacation and the amount of payment for vacation.

Annual paid leave: how many days

According to the Labor Code of the Russian Federation, annual paid leave in normal cases is 28 days a year. During the year, the employee must take part of this period off for a total period of 14 days. The remainder can be used in any way you wish, including individual vacation days.

In some situations, for example, depending on the geographical location of the place of work or due to additional benefits provided to the employee himself, annual paid leave may be increased.

For example, annual leave in 2021, according to the law, is provided to employees under the age of 18 - 31 days a year, working disabled people - at least 30 calendar days, teaching staff - 42 or 56 days, scientific workers with the status of Doctor of Science - 48 days , and candidates of science – 36 working days.

Period of provision of annual basic paid leave

As follows from all of the above, providing leave to an employee is the obligation of the employer, which he must strictly observe. But sometimes situations arise when an employee cannot or does not want to go on vacation.

In this regard, you need to remember that monetary compensation for unused vacation is prohibited by law until the employee is dismissed. The period during which the employee was not on vacation cannot be more than two years.

Expert opinion

Novikov Oleg Tarasovich

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

However, even in this case, accrued vacation days do not expire; another question is that for the employer such delays are fraught with sanctions from the labor inspectorate.

Because of this rule, a double situation may arise: the employer is obliged to send the employee on leave, even if the latter does not ask for it. Of course, such issues also need to be agreed upon.

Moreover, some categories of employees must take vacation every year. This applies to workers under the age of 18, as well as employees whose activities are carried out in dangerous or harmful working conditions (Article 124 of the Labor Code of the Russian Federation).

This is important to know: To whom does the General Director write a vacation application?

Duration

In 2021, the minimum amount of annual paid leave is 28 calendar days. Certain categories of workers (teachers, doctors, police officers, etc.) are granted extended leave.

The law on vacations also provides for additional vacations under the Labor Code:

• for work with the VUS – 7 days;
• irregular schedule – 3 days;
• for a special character - determined by Decrees of the Government of the Russian Federation.

The new law on vacations in 2021 affected civil and government employees; amendments were made by the Federal Law “On Amendments to Art. 45 and 46 Federal Law “On the State Civil Service of the Russian Federation. Now the vacation of these workers has been reduced to 30 days, regardless of position. Previously it was 35 days.

The calculation of additional days for long service leave has also changed:

• from 1 to 5 years – 1 day of vacation;
• from 5 to 10 – 5 days;
• from 10 to 15 – 7 days;
• over 15 – 10 days.

Previously, the rule was 1 year – 1 day.

Additional leave for employees who are not on regular workdays is a minimum of 3 days, and the maximum is determined personally by the employer.

Conditions for calculating material compensation and assistance

Cash compensation for unused vacation is applied upon dismissal. The Labor Code gives the right to compensation for part of the vacation exceeding the minimum amount of vacation.

When summing up vacations or transferring vacations to another working year, compensation can replace parts of vacation exceeding 28 calendar days. Replacing part of the vacation is not the obligation of the parties to the employment contract, but only an obligation, therefore the employer has the right to refuse.

Upon termination of the employment relationship with the employer, the employee receives compensation for vacation not taken; the amount is equal to vacation pay. You don’t have to take compensation, but then you’ll have to take a vacation first.

Conclusion

Currently in the State Duma there are bills on compensation by employers for the expenses of their employees on vacation at resorts in the Russian Federation and on replacing parts of the vacation of state and civil servants with monetary compensation. But for now these are only projects and it is not known whether they will become law. Therefore, it makes no sense to talk about them yet.

To date, labor legislation has not undergone any significant changes for a larger number of workers, regarding vacations. The employee can safely go on vacation this year.

Unfortunately, employers very often violate labor laws, especially regarding the provision and payment of vacation. If the rights of an employee are violated, you must contact the labor department.

In order not to create problems for themselves in the future, the parties must comply with the civil and labor laws of the country.

Vacation pay

To find out how much money you will receive from your employer when you go on vacation, you need to refer to the Regulations on Average Earnings, approved by the Decree of the Government of the Russian Federation “On the specifics of the procedure for calculating the average salary” dated December 24, 2007 No. 922.

According to this document, in order to determine the amount of vacation pay, the employee’s average daily earnings must be multiplied by the number of vacation days (clause 9 of the Regulations). Average daily earnings are calculated by dividing the base for vacation pay for the 12 months preceding the month the vacation began by the number of days actually worked during this period, including weekends and holidays (clause 4 of the Regulations).

Periods when the employee was on a business trip, on vacation or on sick leave are not included in the number of days worked (clause 5 of the Regulations).

The vacation pay base includes all types of payments received by the employee during the performance of labor functions, excluding vacation pay, travel allowance and sick leave pay.

If the month is fully worked, the average monthly number of days is taken into account - 29.3.

To calculate the number of days worked for an incompletely worked month, you need to divide the number of days worked in a month by the number of calendar days in that month and multiply by the average monthly number of days (clause 10 of the Regulations).

Vacation experience

Article 121 of the Labor Code of the Russian Federation includes the following periods counted towards the length of service to obtain the right to rest:

• periods actually spent at the workplace and work activities;
• periods during which the employee did not actually work, but his position was retained (during regular vacations, absence due to illness);
• periods when an employee was absent from work through no fault of his own (illegal dismissal with subsequent reinstatement, removal from duties due to the inability to undergo a mandatory medical examination).

Excluded:

• periods of absence from work without good reason;
• period of parental leave;
• periods of vacation without maintaining average earnings exceeding 14 days (in total for the working year).

Additional leave for hazardous working conditions in 2021

• in harmful and (or) dangerous working conditions, confirmed by workplace certification carried out before January 1, 2014;
• in hazardous working conditions of 2, 3 or 4 degrees or in hazardous working conditions confirmed by a special assessment of working conditions carried out after January 1, 2014.

The employee is required to take a minimum period of 7 days off. A period in excess of the norm can be converted into a monetary equivalent. Please note that not all enterprises allow you to take an additional 7 days off work, so not everyone actually has the right to receive compensation.

This is important to know: Is financial assistance included in the calculation of vacation pay?

Vacation schedule

The schedule is drawn up and approved by the head of the organization no later than

two weeks before the start of the year (calendar). When compiling it, the opinion of the trade union body and the preferences of employees may be taken into account, if possible.

The manager issues an order to draw up such a schedule. Employees express their wishes in writing. Department heads also prepare information about the presence of employees on staff who are entitled to additional or extended vacations. The schedule is drawn up according to the unified form T-7 in two copies (for the personnel service and for the accounting department).

A copy is provided to all employees for review.

Transfer

The vacation schedule is mandatory for both employees and managers.
In practice, circumstances often arise that require rescheduling vacation dates. In this case, changes are made to the schedule in agreement with management. If the initiative comes from an employee, he must write a statement. Also, if there is a production need, the vacation can be postponed to the next working year with the consent of the employee. But not providing vacation for more than two years in a row is prohibited by law.