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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
- Example 1
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.
Is the holiday extended or postponed?
The Government of the Russian Federation annually develops an article that fully lists all dates recognized as public holidays. For 2021, weekend holidays and their transfer throughout the year are approved by Decree of the Government of the Russian Federation No. 1250 of October 14, 2017.
Important! If a holiday falls during a vacation period, it is postponed by increasing the duration by the number of holiday days off. In essence, the rest time is extended.
At the same time, you need to remember that regular calendar weekends (Saturday and Sunday) are not grounds for extension or transfer, since they are included in the total duration of vacation; this is written in detail here.
To avoid a long period of employee absence from work, some organizations exclude these time periods when drawing up a vacation schedule. In addition, the employee’s constant attempts to go on vacation during periods during which holidays fall will definitely be noticed by the personnel employee, and management’s conclusions on this matter are unpredictable.
An application for vacation can be written in two ways, and it depends on whether the vacation period will be extended when it falls on holidays or postponed to another later period.
If the application specifies specific dates for going on leave and leaving it, then the employee must begin his direct duties on the exact date indicated in the application.
Example:
The employee indicated a vacation period from June 1 to June 14, 2021, in this case the rest period will not be increased by 1 day (a holiday on June 12) and the return to work must occur exactly on June 15, 2019. The number of vacation days spent will be 13.
The second type of statement is considered the most commonly used because it eliminates confusion regarding duration.
This statement indicates the start date of the vacation and its duration in calendar days.
In this option, the employee’s return to work day is automatically scheduled for the first working day after the expiration of the vacation period specified in the application.
Example:
The statement reads: “I ask for leave of 14 calendar days from June 1, 2021, in this case, when filling out the order, you need to take into account the holiday of June 12 and extend the vacation period by 1 day.
The employee will have to return to work on June 16, 2021, and will have 14 calendar days off, as requested in the application.
If the holiday falls on a calendar weekend
Sometimes there are cases when a holiday falls on a weekend, how will the vacation be transferred or extended due to such a coincidence?
Important! Article 112 of the Labor Code states that the first working day in this case will occur on the second working day after the vacation.
That is, a holiday that coincides with a weekend is transferred to the next non-working day, and vacation time is still extended by that number.
There is one important nuance. Part 1 of Article 120 of the Labor Code of the Russian Federation states that vacation is extended if it includes a holiday day off. Article 112 of the Labor Code of the Russian Federation states that if a holiday falls on a day off, then the day off is transferred to the next closest working day or another day according to the approved Decree of the Government of the Russian Federation.
It turns out that the vacation is extended only if a holiday falls within its period. If the vacation includes a rescheduled day off due to a holiday, no extension will be made.
Example 1:
The employee requested annual leave from November 1 for 14 days. If in 2019 the November 4 holiday falls on a Sunday, a day off, how to calculate vacation time?
The day off is moved from Monday 4 to 5 November, the employee started work on November 16.
Example 2:
The employee wrote a statement from November 5, 2021 for 14 days.
In 2021, the November 4 holiday falls on a Sunday, so the calendar day off is moved to Monday November 5. That is, the employee’s vacation time includes a rescheduled day off; such a day is not a basis for extension, so the vacation will end in exactly 14 days and you will need to return to work on November 19, 2019.
With a shift work schedule
If an employee has a shift work schedule, then two important factors are important when determining the need to extend vacation time.
If the employee occupies a position whose duties do not depend on the status of the day (for example, power plant operators, ambulance workers, etc.).
In this case, going to work is carried out exactly on the dates specified in the vacation schedule.
If the company has organized a shift work schedule, but holidays are declared days off, then to avoid confusion in the shift schedule, leaving the vacation is also carried out on the dates specified in the schedule. But in this case, workers have unused days that must be transferred.
The employee can use it for recreation in the future in accordance with the law.
How to calculate vacation pay?
The legislation stipulates the minimum duration of rest and it is equal to 28 calendar days. This is the number of days that must be paid.
As for holidays, they only increase the period of work breaks and do not in any way affect the amount of vacation payments.
Vacation pay must be calculated according to standard rules, for the calendar number of days of rest requested. The calculation is based on data for the last 12 calendar months.
We also recommend watching a video where you can find out whether it is financially profitable to take a vacation that includes holidays:
Postponement of holidays
Our Government likes to postpone weekends, optimizing work and rest time. In connection with this transfer, employees often wonder how many days they should have on vacation.
In accordance with Part 2 of Art. 112 of the Labor Code of the Russian Federation, a day off can be postponed to another working day if its date coincides with a holiday. Therefore, if a rescheduled day off falls within the period of your paid vacation, your vacation will not be extended . This position is set out in the letter of the Ministry of Labor of Russia dated April 15, 2016 No. 14-1/B-351.
EXAMPLE
The employee has been on vacation for 7 days since May 4, 2021. When should he return to work? May 12, 2021. And here's why: May 4 and 5, 2021 are not holidays, but postponed weekends from January 4 and 5, 2021. Therefore, these days are included in vacation, despite the fact that everyone is resting on these days. But May 9 is a non-working holiday. And the vacation is extended for him.
Vacation from November 1 to November 15, when to go to work
If the vacationer indicated in the application specific dates for the start and end of the vacation period - from November 1, 2021 to November 15 - then the November 4 holiday will not be postponed. In this case, the specialist must return to work on November 15, 2021.
If the leave application specifies a start date and total duration, for example a request for leave “for a period of two weeks from 1 November 2021”, then the return to work date will automatically be moved to the first day of work after the two week period.
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.
Postponement of holidays during vacation in November
Non-working holidays in the Russian Federation are:
January 1, 2, 3, 4, 5, 6 and 8 — New Year holidays; January 7—Christmas Day; February 23 - Defender of the Fatherland Day; March 8—International Women's Day; May 1 - Spring and Labor Day; May 9 - Victory Day; June 12—Russia Day; November 4 is National Unity Day.
If a day off coincides with a non-working holiday, the day off is transferred to the next working day after the holiday, with the exception of weekends coinciding with non-working holidays specified in paragraphs two and three of part one of this article.
Vacation with non-working days
Coronavirus in 2021 has made adjustments not only to the global economy, but also to vacation schedules. After the end of the self-isolation regime, life slowly began to get better, and people began to go on vacation.
An innovation was the day June 24, 2021 - the celebration of the Victory Parade. And also one more day - July 1, 2021 - the day of adoption of amendments to the Constitution.
These days were declared non-working days, but they were not declared holidays . Therefore, if these dates fell on your vacation, it should not have been extended or postponed.
There were a lot of questions and disputes about this. Therefore, the departments issued clarifications:
- Rostrud information dated June 15, 2021;
- letter of the Ministry of Labor of Russia dated June 17, 2021 No. 14-1/B-733.
So, a non-working day - the Victory Parade holiday, which falls during the period of annual paid leave, does not give the right to transfer and/or extension of leave. While June 12, as a non-working holiday , if it falls during vacation, gives the right to extend the vacation by 1 day (Part 1 of Article 112, Articles 120 and 124 of the Labor Code of the Russian Federation).
EXAMPLE
The employee goes on vacation from 06/08/2020 for 18 days. The date of his return to work will be 06.29.2020 (if 06.27 and 06.28 are days off for the employee).
Nuances of the vacation period including holidays
There are some nuances in determining the period of paid rest, depending on the characteristics of the vacation and the person’s work schedule.
This rule is not applicable in a number of cases. When in doubt whether official holidays are deducted from the duration of the vacation period, proceed primarily from the working hours and the use of a shift schedule.
This is important to know: Notice of granting leave to an employee: sample 2021
Rest starts during non-working hours
At the discretion of the employee planning to take a paid vacation, the application is written indicating the first day of the date falling on the holiday. According to the provisions of the Labor Code of the Russian Federation, such a date is considered acceptable and does not provide grounds for reducing or shifting the dates of the vacation period. Having received an application for the start of rest on a holiday, the employer is obliged to exclude the officially non-working day from the calculation, starting with the first subsequent working day.
With piecework payment
There are some peculiarities in the calculation of vacation compensation due to the fall of the vacation period during the holiday period. The fact is that with piecework payment for a non-working period, recognized as such at the official level, remuneration should be accrued in addition to the main calculation, as if the employee went to work at that time. You can learn more about the procedure for calculating remuneration from the collective agreement concluded at the enterprise or from other internal regulations.
To calculate vacation compensation, the accounting department determines the average earnings by summing up payments in favor of the employee on a piece-rate form of payment (see RF PP No. 992 of December 24, 2007, clause 2 of the Regulations).
Shift mode
The definition of vacation time for persons whose work activity requires working shifts on a special schedule deserves special attention. Such workers are required to go to work, regardless of holidays recognized as non-working days at the legislative level. Among shift workers, the most common are security guards, salespeople, cash collectors, etc.
Is it worth taking a vacation in May?
Many people think about vacation in May, especially workers who have dachas or houses with land in nearby villages, since there are many holidays during this period that cause an extension of vacation.
But it is precisely because of the large number of applicants that controversial situations often arise, both within the team and between employees and management. Directors are reluctant to sign such statements, since the long absence of several employees at once can complicate the work process.
That is why you need to warn your manager about your desire to take another vacation in May in advance, back in December of the current year, when the schedule for the next year is being formed and approved.
However, there are categories of citizens who have the opportunity to take leave at a time convenient for them, for example, minors or husbands whose wives are on maternity leave.
Calculating the length of vacation time in May raises controversial issues regarding the correct extension, since this month has a large number of public holidays.
There are two holidays in May - May 1 and May 9, but additional days off are often added due to various postponements. As a result of the extension, the duration of the vacation may increase significantly.
Important! If the application indicates the start date of the vacation and its duration, then it is subject to extension.
Extension example for May 2021:
The employee wrote a request for leave from May 1 for 14 calendar days.
In 2021, according to the law, citizens have a rest from April 29 to May 2 (from Sunday to Monday) and May 9. At the same time, May 1 and May 9 are holidays, and May 2 is a rescheduled day off, which included the January 7 holiday.
Since vacation is extended only for holidays, the moment of going back to work will be postponed only by 2 days, since only May 1 and May 9 are officially holidays, and May 2 is a rescheduled day off. The return to work will take place on May 17th.
If the application is written with specific dates, for example, vacation from May 1 to May 14 inclusive, then return to work, regardless of holidays, will be carried out on May 15. This will be 12 vacation days; extensions cannot be issued here.
