If your vacation falls on the New Year holidays 2021

Registration - how is it extended if it includes the January holidays?

Holidays at the beginning of the year are included in vacation at the legislative level and for this the employee does not need to write any additional applications or forms other than the main application for vacation. A correctly formulated application for leave is your guarantee of the full use of well-deserved rest and due payments.

How to write an application correctly?

The application is written by the employee in any format convenient for him: manually or on a computer. A typical application must contain the following elements:

A cap . In the upper right corner you write the name and position of the person to whom you are sending the application - your manager (most often the general director or deputy for personnel matters). Below you write who it is from - your full name, department and position.
Title "statement" . It is written with a lowercase letter, under the heading and located in the center of the page.
Text . It is written in any form, unless otherwise specified by the company’s internal requirements. Required items: type of vacation, start date and duration in days.
Date , signature and transcript of the employee’s signature.
The signature of the immediate supervisor is not accepted without approval.

An unspoken rule: when compiling, indicate not the dates, but the duration. In this case, all non-working holidays will be taken into account.

Consider, as an example, two seemingly identical statements:

“I ask you to provide another paid leave from December 29, 2017 to January 12, 2018.” In 2021, the New Year holidays approved by the Ministry of Labor fell from 12/30/2017 to 01/08/2018. Thus, the employee will be paid on the days from December 29, and from January 9 to 12. The employee must return to work on January 13.
“I ask you to provide another paid leave from December 29, 2019 for 14 calendar days.” In this case, all 10 holidays (from 12/30/2017 to 01/08/2018) will be counted as non-working holidays, and the vacation will be extended by 10 days. In this case, the employee must return to work on January 23.

Do you feel the difference? In both cases, you had a standard vacation of 14 working days, but with the careful inclusion of January holidays, in the second case it was extended.

Conclusion: you should always indicate the number of days of your vacation, not the dates . Non-working days, sick leave - all these days are not included in your vacation and are automatically extended.

During January holidays, vacation is extended by the number of non-working holidays approved by the Ministry of Labor. This figure ranges from 9 to 12 business days. So, for example, in 2021 this figure was 10 days.

What days are included in vacation pay?

If a vacation in 2021 falls on the New Year holidays, then every day that is included in the date range from January 1 to January 8 will be transferred to later working dates. According to Art. 120 of the Labor Code, weekends are included in vacation and paid on an equal basis with weekdays. In Art. 112 of the Labor Code of the Russian Federation makes a reservation: if a day off and a holiday coincide, then the subsequent working day is considered a non-working day. At the same time, the employee will not need to fill out documents and statements in the personnel department in order to confirm his right to transfer non-working days: he can safely stay at home as long as he is required by law.

Example.

Product category manager I.A. Ivanov the vacation was approved by the Director's Order, and according to the schedule it is from 01/06 to 01/19/2020. If you look at the production calendar, you can see that January 6, 7 and 8 are holidays. Accordingly, for Ivanov I.A. The vacation will last for 3 days: January 20, 21 and 22. In total, the manager will have a rest from January 9 to January 23, and the remaining days will count towards the New Year holidays.

Many people have misunderstandings regarding this calculation. For example, they are interested in what to do if the vacation in 2021 falls not only on the New Year holidays, but also on weekends that are included in vacation days, and how they will be paid. For example, the 11th and 12th are Saturday and Sunday, which fall on a holiday. In this case, we can only say that the legislator did not provide a distinction between the concepts of “holiday” and “day off” in order to avoid errors in calculations. If the vacation falls on the 4th, 5th, 11th or 12th, then the person will have it extended for these days, and that’s all.

How to calculate vacation pay?

Now let’s talk about how the amount payable is calculated if an employee’s vacation falls on the New Year holidays.

In any case, vacation pay is paid for the calendar days specified in the application and order approved on the basis of this application. Holidays falling during the vacation period are not included in the payment and are paid separately - according to the schedule established by the company.

How to calculate the amount of vacation pay?

The general calculation formula is as follows:

Amount of vacation pay = Amount of average daily earnings * Number of calendar days of vacation

The amount of average daily earnings is calculated by the ratio of the average accrued wages for the billing period to the average monthly number of days (usually this figure is 29.3). January has the smallest number of working days of the year, and accordingly, the salary for 1 working day is the highest. Payment for 1 shift with a shift work schedule is calculated according to the same principle.

Key rules for calculation

Difficulties arise due to the fact that vacation days in January sometimes partially or completely coincide with the New Year holidays. Official holidays in the first month of 2021 according to the production calendar:

1, 2, 3, 4, 5, 6, 8 - New Year holidays;
7 - Nativity of Christ.

IMPORTANT!
The Labor Code of the Russian Federation specifies how to count vacation days during the New Year holidays of 2021 - official holidays are not included in the calculation (Article 120 of the Labor Code of the Russian Federation). The calculation rule applies to all employees, regardless of how they work: on a five-day basis or according to a shift schedule.

The employer is obliged to notify the employee that it is time for him to rest at least two weeks before the start (Article 123 of the Labor Code of the Russian Federation). This information is also contained in the vacation schedule, which is mandatory for both the organization and the employee. To allow an employee to officially not go to work, the employer issues an order.

A copy of the order must be submitted to the accounting department for the accrual of funds. Vacation pay is accrued and transferred to the employee’s bank account three days before the start of the vacation.

Healthy:
when to pay salaries for December;
how to calculate salary for January;
How are New Year holidays paid?
how to calculate and pay 13 salaries.

Payment term

According to Article 136 of the Labor Code of the Russian Federation, the employer must pay vacation pay to the employee no later than three calendar days before the start of the vacation . The fact that your vacation begins on a non-working day is not a reason for late payment. For example, in 2021 such days are set from 12/30/2018 to 01/08/2018.

If an employee goes on vacation from 01/09/2018, the last working day in this case will be 12/29/2018. Vacation pay must be paid no later than this day.

Who can choose the vacation period at their own discretion

Citizens who have the right to take leave at any time convenient for them:

one of the parents of a disabled child;
employees under 18 years of age;
employees with honorary donor status;
pregnant women;
employees whose wife is on maternity leave;
adoptive parents of a child under 3 years old;
freelancers working part-time;
military disabled people;
employees who took part in hostilities;
military wives;
holders of the orders “Hero of Labor” or “Hero of Russia”;
parents with many children who have three children under 12 years of age.

The last category appeared on the list on October 1, and this norm will begin to apply at the beginning of 2021.

The law establishes 28 days of paid leave, but for some categories this period has been extended. Employers are required to pay minors 31 days of vacation. If the parents adopted a newborn, then leave is due from the date of adoption until 70 days have passed from the date of birth. If parents have adopted two children, the period is increased by another 40 days.

Part-time workers can take vacation during the same period as at their main job. Even if he has not yet worked the required days, he cannot be denied leave, but will only be paid for the required period. The rest of the days the employee will rest at his own expense. As for the new category, not all families with many children have this right. The following condition must be met: three children must be under 12 years of age. Of course, both parents have this right.

When drawing up a vacation schedule, the listed categories of employees have priority over other employees. But even if their plans subsequently change and they want to reschedule their vacation, the employer will not be able to refuse.

We rest more, we get less

Now that we have figured out how to count vacation days in January 2021, let’s try to answer the question of how beneficial it is for a vacationer from an economic point of view to be absent from work in the first month of the year. On the one hand, this is good, because a person gets more rest. But on the other hand, he will receive less money. Why? Because the first working month has only 15 working days, and salaried employees will receive the contractual amount for this period. In February, for the same salary, they will work 19 days, and in March – 22. It turns out that for the employer the most expensive month is January, because people work less, but receive the same amount.

ConsultantPlus experts looked at how to pay a salaried employee for work on a non-working holiday. Use these instructions for free.

The difference, of course, depends on the specific salary levels. For example, let’s compare how much a working day costs in the first and second months of the year for Ivanov with a salary of 30,000 rubles.

So, for a day of work after the New Year holidays, Ivanov will receive:

30,000: 15 = 2000 rubles.

In February, his average daily earnings (conditionally) will be:

30,000: 19 = 1,579 rubles.

The difference is almost 400 rubles. It will seem imperceptible to some, given that these payments do not affect any further calculations.

How to reschedule rest time

The employee has the right to ask to postpone the vacation to a later period. In this case, he writes a statement addressed to the head of the organization about his release from work at a time other than planned. After this, the enterprise issues an order to change the rest time and indicates new dates, and the personnel specialist makes changes to internal documents - the schedule, the employee’s personal card (this is done if necessary, for example, if the transfer is related to sick leave).

Legal documents

Art. 120 Labor Code of the Russian Federation
Art. 112 Labor Code of the Russian Federation

Is it profitable to take a vacation in January?

Salary is one of the aspects that guides when choosing time for rest. The production calendar shows how many days are added to vacation in January - all official holidays on which the rest period falls. If vacation time lasts 14 days from 01/01, then 8 days will be added to it: holidays from 01/01 to 01/08.

Earnings for a vacation month directly depend on how many working days there are in it. From this point of view, the first month is one of the shortest of the year; in 2021 it has only 15 working days. Salaries in the first month of 2021 will be less than usual.

Useful: “Summer or winter: when is it more profitable to take a vacation.”