What you need to know about vacation in May 2021 and its transfer

Due to which weekends and holidays will the vacation be extended?

Weekends must be taken into account in the number of vacation days. If official holidays fall within this period, they are not counted and are not paid. The question of whether vacation is extended if it falls on holidays in 2021 is answered by Article 120 of the Labor Code, and this rule applies to both the next annual paid rest period and additional time. When there are public holidays in the vacation period, the time of the prescribed vacation is extended by as many days as coincides with the holidays.

The official list of holidays is given in Art. 122 Labor Code:

• January 1, 2, 3, 4, 5, 6 and 8 – New Year holidays;
• 7.01 – Nativity of Christ;
• 23.02 – Defender of the Fatherland Day;
• 8.08 – International Women's Day;
• 1.05 – Spring and Labor Day;
• 9.05 – Victory Day;
• 12.06 – Russia Day;
• 4.11 – Day of National Unity.

These are not all possible holidays. In some regions there are additional days that are officially recognized as holidays and non-working days in the territory of a particular subject of the Russian Federation.

If the employee indicates specific dates in the application

Let's say an employee asks to be given leave from May 1 to May 11. Accordingly, he will go to work, just like in the previous examples, on May 12. But due to the fact that Spring and Labor Day (May 1) and Victory Day (May 9), which are non-working holidays, fell within the period of his vacation, it turns out that the employee spent 9 calendar days of his annual paid leave.

As you can see, a lot depends on how exactly the application is written. And the employee does not always understand that he himself directly influences the duration of his vacation period and the remaining part of it. Many, understanding the essence of the issue, try to either extend the number of vacation days per year as much as possible, or get more vacation pay here and now.

In the latter case, the employee can write a leave application, for example, from May 1 to May 5. And although the Labor Code of the Russian Federation does not contain norms prohibiting the provision of annual paid leave in a situation where its beginning or end falls on a weekend or non-working holiday, the Ministry of Labor of Russia, in its letter dated December 7, 2018 No. 14-2/OOG-9754, prohibited taking vacation only on weekends. The Letter explains that providing leave exclusively on weekends does not comply with the requirements of the labor legislation of the Russian Federation.

If such a violation occurs, the company may be fined in accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 30 to 50,000 rubles , and an official of an organization or individual entrepreneur - from 1,000 to 5,000 rubles.

How to correctly calculate the vacation period in May

For correct calculation, let’s determine which days May 2020 consists of:

• 17 working days;
• 12 days off;
• 2 holidays.

In addition to regular weekends, May holidays and non-working days fall from 1.05 to 5.05 and from 9.05 to 11.05.

May 1 and May 9 are federal holidays that are not included in the number of days of annual rest and are not paid. If the vacation includes holidays, the vacation is increased by the number of days that coincided with the holidays.

The Saturday 9.05 day off was moved to 11.05. And May 4 and 5 are the weekends moved from January 4 and 5. These and other days are included in the calculation and paid.

The 6th, 7th, 8th are regular working days in May, and the 8th is a pre-holiday day, shortened by 1 hour.

IMPORTANT!

If you want to rest longer, but save annual paid days for rest at other times, you can write an application for three days - from 6.05 to 8.05. This will give you 11 legal vacation days. Just remember that one portion of your annual paid vacation time must be at least 14 days.

Duration of vacation including holidays: how to calculate

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

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

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

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

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

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

What to write in a vacation application in May

Let's give an example of how to write a statement. You want to rest for a certain number of days: from 1.05 to 14 calendar days.

In the text of the application, write: “I ask you to provide me with annual paid leave from May 1, 2021, lasting 14 calendar days.”

Taking into account the May holidays, you will have a little longer rest.

Let's calculate when to go to work if the vacation falls on May 9, 2021: The 1st and 9th are not taken into account and are not paid, so the 15th and 16th are added to the vacation time - the application is written for 14 calendar days. 4.05 and 5.05 are taken into account in the calculation - these are regular weekends postponed from January. In this case, going to work will take place on 17.05 (Sun.), if on schedule, or 18.05 (Mon.), if on a five-day week.

Useful: sample and instructions for writing a vacation application.

How to calculate vacation in May 2021 if an employee requests vacation for a specific number of days

Back in December 2021, when drawing up a vacation schedule, many workers were concerned about the situation regarding vacation in May 2021 and how to count rest days.
Although May is not the most ideal month, as it might seem at first glance. Those who were scheduled to have a May vacation are trying to add “extra” days of rest at all costs! Traditionally, the Spring and Labor holidays are celebrated in May, as well as May 9, dedicated to Victory Day. How to go for a walk during the May holidays 2021 and how to calculate your vacation?

In the future, due to the close proximity of holidays in this month of the calendar, the number of consecutive weekends increases sharply.

Public holidays that fall in May cannot be included in the number of calendar days of vacation, and therefore are not paid. How to calculate vacation in May 2021, if the duration of vacation is calculated according to the standard scheme, i.e., in proportion to the time worked in the annual period.

According to current legislation, release from work under an employment contract is nothing more than labor leave for the time actually worked. How to calculate vacation for the May holidays 2021? It is necessary to summarize the actual time worked from May 2021 to April 2021, taking into account the days:

• when the employee did not go to work, but he retained his job and earnings (payments of state social insurance benefits) in accordance with the Labor Code of the Russian Federation and the collective agreement;
• when the employee did not go to work due to paid forced absence (downtime), i.e., was not able to work due to the fault of the employer;
• when the employee did not go to work, and a job was reserved for him without saving his earnings (no more than 14 calendar days during the working year).

In the total actually worked time, before counting vacation in May 2021, it is necessary to take into account the inclusion in the working year of other time periods, which are one way or another provided for by the labor legislation of Russia and the general collective agreement of the company (organization) itself. This period cannot include parental leave until the child reaches the age of 3 years (payments of a different nature are provided for there).

By virtue of Article 123 of the Labor Code of the Russian Federation, annual vacation is provided in accordance with the schedule that approves the planned vacation periods for all full-time employees in order of priority and taking into account production needs.

At the same time, with regard to rest days, the law also provides for norms that regulate both the rules for calculating leave and the procedure for providing it.

Calculation rules

Even during the times of the USSR, annual rest was provided for 24 days, to which Sundays were added, that is, workers received the same 28 days, of which 4 days were unpaid.

Accordingly, many have become accustomed to this procedure, despite the fact that in the Russian Federation the rules for calculating the length of vacations have changed.

At the same time, at the moment, by virtue of Article 115 of the Labor Code of the Russian Federation, the length of vacation is still twenty-eight days, but is calculated in calendar equivalent initially, taking into account the same weekends that fall during the vacation period.

Under Article 120 of the Labor Code of the Russian Federation, holidays are not included in the length of vacation. But if these days fall on the May holidays, the 1st and 9th, then the days are transferred to the period after the end of the legal rest, which is thus increased.

That is why, in order to increase the duration of legal rest, it is more profitable to exercise the right to leave precisely after the end of the holidays with the transfer of additional days off, and not before, since the entire team will be resting anyway.

Therefore, there is no point in taking leave for a specified period, except for the financial aspect.

Find out who is entitled to leave for the wedding.

Is compensation paid for unused maternity leave? See here.

How many days of vacation do minors have? Read here.

As a rule, personnel officers do not have difficulties in calculating the calendar dates for granting leave, as well as the time of its end, except in cases where confusion is created by the transfer of weekdays between holidays and weekends in order to rationally use the rest.

The question arises: how to calculate the end date of the vacation if the vacation falls on May 8, 2021?

The law clearly states that only holidays stipulated by law are subject to postponement.

For example, if a worker takes leave from May 8 for 14 days, the rest period will increase only by 1 day, at the expense of 05/09/2017, and leave will be granted from 05/08/2017 to 05/22/2017.

From the first working day, data about employees is reflected not only in administrative documentation, but also in the exit report card, in which all periods of presence and absence of workers at work are noted, using a letter code approved by Resolution of the State Statistics Committee No. 1.

If an employee takes leave even for 3 days, the code will be entered: OT, but if holidays come: RV.

Let’s say an employee has been granted leave from May 1 for 14 days.

By virtue of Article 114 of the Labor Code of the Russian Federation, annual rest is provided to employees with retention of earnings, calculated at the average tariff, calculated in accordance with Article 139 of the Labor Code of the Russian Federation and Resolution No. 922.

Decree of the Government of the Russian Federation of December 24, 2007 N 922

At the initial stage, all accruals for the 12 months before the vacation, during which the worker actually worked, are taken into account.

Then the resulting amount for the year is divided by 12, thus calculating the average monthly earnings. And by dividing by 29.3, the daily average payment is obtained, which will actually be multiplied by the number of days of vacation.

It should be noted that when calculating the average tariff, almost all accrued amounts are accepted, but with some exceptions.

Remuneration in any form and under any accounting system is subject to accounting along with all additional payments, allowances and incentive payments that are established by federal legislation or specified in the same Regulations on payment or an agreement adopted collectively.

The agreed amounts within the framework of the law are not income, and therefore cannot be accepted when calculating the average tariff, which is already income.

Regional coefficients are not accrued for vacation payments due to the fact that they were initially taken into account when calculating the average tariff for the year.

Taxes and fees

In accordance with Article 209 of the Tax Code of the Russian Federation, vacation accruals are equated to income; accordingly, personal income tax is applied to the agreed payment in the amount and manner determined by law.

Under Article 420 of the Tax Code of the Russian Federation, insurance premiums are also charged for financial support during vacation, again due to the fact that this amount is income.

Let’s say an employee has a salary of 18,000 rubles, in addition to which he is entitled to an additional 15% bonus for hazardous conditions and a 50% bonus every quarter.

• 18000 x 12 = 216000
• 18000 x 15% x 12 = 32400
• 18000 x 50% x 4 = 36000

Total annual earnings will be: 284,400 rubles

It is expected that leave will be provided for 28 days from 05/01/2017:

• 284400: 12 = 23700
• 23700: 29,3 = 808,8
• 808.8 x 28 = 22646.4 rubles.

That is, 28 days will be paid, but the employee will have rest from 05/01/207. until 05/30/2017 inclusive.

The amount of vacation pay is calculated as the product of the average salary and the number of vacation days by order of management. And the month of May is no exception. The accountant must calculate vacation pay according to this layout. What about non-working days? After all, both official holidays and postponed days from the New Year holidays fell in the month of May.

It's actually simple. So, if a vacation falls on holidays in May 2021, how to calculate its duration? According to uniform standards, we exclude only the first and ninth of May from the calculation. These are official holidays, they are not taken into account in the duration of the vacation period and are not paid by the employer.

If the rest period falls on a holiday, proceed as follows:

1. Do not include the official holiday of May 1 and 9 in the duration of your vacation (Article 120 of the Labor Code of the Russian Federation).
2. Extend your vacation by the number of holidays that fall within your vacation period.
3. Do not pay for holidays, that is, do not accrue vacation pay for the days of May 1 and May 9
4. Other non-working days, except official holidays, are taken into account in the standard mode (May 2-5 and May 10-12). Such days do not extend or increase the duration of rest.

The peculiarities of the May holiday do not end there. There are nuances in completing the application. Read on for details.

In many ways, the calculation procedure depends on the wording specified in the employee’s application. An employee has the right to prescribe a specific number of days of rest, or he can specify an interval.

For example, from the first to the twentieth. It would seem that there is no difference. If holidays fall on vacation, then the difference is significant.

For example, Pomidorkin I.P. wrote an application for leave in May 2021 from the 1st, on the 15th day. How can a personnel officer calculate the duration of rest for an order? We begin the calculation on May 2, since the first is an official holiday. We also do not include the ninth number in the calculation. Consequently, Pomidorkin’s vacation will begin on May 1, 2019 and will last until May 20, 2019.

Examples of when to return to work from vacation

Example 1.

If an employee has expressed a desire to rest for seven calendar days, starting from 01.05, then he will receive not 7 days of rest, but 11: for the period from 01.05 to 07.05 there is one holiday - 01.05, and the vacation day from this date is transferred to 08.05, and the day off to work - 09.05. But this is also a holiday, followed by two more days off. Therefore, the employee will go to work on May 12.

Example 2.

If an employee writes an application indicating the period from 6.05 to 8.05 or from 6.05 for three calendar days, then he will have the opportunity to rest for eleven days: he will use only three days of the next paid rest and will start work on 12.05.

Example 3.

The employee decides to go on vacation at the end of April. The first day to return to work if you have a two-week vacation from April 28, 2021 is May 14. May Day and Victory Day will extend the holidays by two days, so the employee will return to the office not on May 12, but on May 14.

If vacation is in June

On June 12 we celebrate Russia Day; according to the Labor Code, this is a holiday non-working day. If he falls within the period of annual paid leave, he extends it by 1 day.

Example:

You took two weeks from June 1st for 14 days. June 12 also falls within this period. Therefore, you need to go to work not on June 15 (as a general rule), but on June 16 (plus one day).

About the author of the article

Alena Motroi Journalist, worked for almost 10 years in major socio-political and business print media in Chisinau.

How is vacation paid in May?

Cash payments are calculated using the formula:

Salary = Average daily earnings X number of vacation days

In May 2021, only 2 official holidays are not taken into account: the 1st and the 9th. They are not paid, and the vacation is extended by 2 days if the employee did not indicate a specific end date in the application. Other non-working days are calculated in the usual format.

Formula for calculating average earnings:

Average earnings = Income for the previous 12 months / 12 months / 29.3 (monthly average days)

Only payments for time worked are taken into account. Vacation pay, sick leave, business trips and other social benefits are not taken into account.

How to calculate salary?

It is noteworthy that outside the selected period of vacation days, the accountant should, as soon as possible, calculate the average earnings of a member of the company per day. A similar indicator is calculated based on the income for the past annual capital. Thus, the entire amount of the employee’s accrued salary for all 12 months is divided by 12. After which the total is recalculated into the amount for one day and divided by the average number of days in one calendar month.

The choice of vacation in May is influenced by many factors, and therefore for those citizens who want to get full financial benefits and save vacation days, there are separate courses of action. In this case, a person needs to select vacation in the interval that has the largest number of paid days. If an employee wants to keep his days off, then he must fill out an application for working days between May public holidays.

Example of calculating vacation pay for May

Examples of calculating vacation pay in May 2021, which will help you understand which option is profitable from a monetary point of view, and which one is beneficial for saving vacation days.

Earnings of employee Vasilyeva V.V. for the previous calendar year amounted to 1,350,000 (one million three hundred fifty thousand) rubles. Salary - 120,000 rubles. She was not sick, she worked 40 hours a week. I rested in October 2021 (from October 7 to October 20) - 14 days, vacation pay was accrued at 120,000 rubles.

First, let's calculate the number of days in October to calculate vacation pay = 29.3 / 31 x 13 = 12.28 days

Average daily earnings = (1,350,000 - 120,000) / (11 x 29.3 + 12.28) = 1,230,000 / 334.58 = 3,676.25 rubles.

Option 1: rest from 01.05 for 14 days.

Option 2: rest from 01.05 to 14.05.

Option 3: rest from 06.05 to 08.05

For financial reasons, it is more profitable to rest from 01.05 for 14 days. From the point of view of saving vacation days, the third option is preferable.