Annual paid leave is a general concept that includes all types of paid leave to which an employee is entitled during one working year. It is important that the employee is registered with the company under an employment contract.
When determining length of service for leave, it is important:
- Do not confuse the working year and the calendar year
The calendar year is stably defined from January 1 to December 31 and does not change.
The working year is individual for each employee, as it implies 12 months of continuous work with one employer (clause 1 of the Rules on regular and additional leaves). Thus, the report of the first working year begins from the date of commencement of work for a particular employer. All subsequent working years will begin on the day following the end of the previous working year.
In addition, the working year may change when certain periods are excluded from the length of service giving the right to annual paid leave.
- Correctly determine the periods that are included in the length of service and give the right to annual basic paid leave
Let's take a closer look at such periods and see how to take them into account.
- Remember that when an employee is transferred from one organization to another, the vacation period is not preserved
To receive leave, the length of service must be continuous with one employer.
Let's say an employee worked for Company A from February 11, 2019 to June 10, 2021. On June 11, 2021, he was accepted by transfer to Company B. From what date should the first working year in Company B be calculated? From June 11, 2021. And it will last until June 10, 2021.
- Don’t forget that you don’t need to count your work experience with your previous employer.
Upon dismissal, all payments are made to the employee, including compensation for unused vacation.
How to use the calculator
The calculator will help you find out when and for how long an employee has the right to take a new annual leave after maternity leave. The instructions are simple:
Step 1. Indicate the number by which the woman was hired.
Step 2. Enter the date from which the employee went on maternity leave.
Step 3. Indicate the date when she returned back to the workplace.
Step 4. When all fields are filled in, click on the “Calculate” button.
If the employee’s existing experience does not entitle him to such a number of days, the missing days are provided in advance. Understanding how leave is calculated after leaving maternity leave will allow the employer to determine which part of the rest received by the employee is provided against the existing length of service, and which part is provided in advance.
What is the principle for calculating vacation days?
For employees, this calculation is also very important, so that the accountant cannot deceive him when calculating accruals for vacation days.
Article 115 of the Labor Code defines general and long-term paid leave, for example, extended days are provided:
- For irregular working hours.
- For work in stopping difficult working conditions: hazardous production.
- To space workers and participants of long-term expeditions.
- Employees of civil or military government services.
- Honorary donors of Russia.
- Air traffic control employees.
- Employees who have received an unacceptable amount of radiation exposure.
- Employees of the municipality, prosecutor's office, investigative bodies, teaching staff at all levels of education.
- Workers employed in the metallurgical, chemical industries or other industries hazardous to health.
There are other citizens who have the right to a long vacation; their list is given in Art. 117.
The procedure for calculating payment is given in Articles 120-122, the conditions for extension - in Article 124, the calculation for unused vacation days upon dismissal of an employee - in Art. 127, and the conditions for granting vacation days without pay are in Art. 128.
When is it allowed to take after maternity leave?
It is necessary to distinguish between the following types of rest periods that an employee is entitled to count on under current labor legislation:
| Paid annually | Every employee, regardless of gender, profession and family circumstances, has the right to an annual vacation, during which he retains his average earnings. The standard duration is 28 days annually, for some groups of workers it is longer. |
| Unpaid | Provided at the request of the employee without retaining his earnings. |
| For pregnancy and childbirth - BiR | It is provided to pregnant women in the last stages of pregnancy and lasts from 140 to 194 days, depending on the complexity of the birth and whether the citizen gave birth to one or more children. Issued with a sick leave certificate. |
| Child care - Swelling or maternity leave | Provided to an employee, male or female, in connection with the need to care for a newborn until he reaches three years of age. Premature exit from Swelling is allowed. |
Article 260 of the Labor Code of the Russian Federation resolves the question of whether it is possible to take leave immediately after maternity leave: yes, immediately after leaving parental leave, an employee has the right to take annual paid leave. For its provision, work experience is not taken into account - six months of experience is not mandatory. Speaking about when leave is due after leaving maternity leave, it is important to remember that the employee will receive such leave provided that he did not use it before or after sick leave for pregnancy and childbirth.
In addition to the freedom to choose when to take leave after maternity leave, the employee has the right to independently determine the duration of such rest she needs: she has the right to use the full duration established by the employer, which is usually 28 days.
Vacation period
The Labor Code of the Russian Federation determined the total, average number of vacation pay - 28 calendar days. But at the request of the employee or at the initiative of management, these days can be increased: in some cases they are paid, in others they are not. But in any case, all deviations from the Law must be reflected in the employment contract and the pursued policy of the enterprise, established by special orders or separate provisions.
How to calculate the duration of rest
The employer is obliged to provide the employee with the number of days she needs within the annual duration of the paid period. Calculation is needed to understand what part of this rest is provided on account of the existing experience, and what part is provided in advance.
Here are instructions on how to calculate the vacation period after maternity leave:
- Determine the total duration of the employee’s work in the organization.
- Establish periods that allow you to rest - they are listed in Art. 121 Labor Code of the Russian Federation.
- Calculate the number of days that the employee purchased for each of these periods and add them together.
An employee is given the right to paid rest: periods of direct work, including periods of regular vacations and sick leave, and labor and employment. Parental leave is not counted towards the length of service for receiving annual rest, except in cases where the employee works part-time without leaving the UM.
With a standard annual rest period of 28 days, a full month gives 2.33 days. If less than two weeks are worked in a calendar month, it is not counted towards the length of service; if more, it is counted.
Determination of earnings for the billing period
Calculate vacation pay in a few clicks in the Kontur.Accounting web service! Get free access for 14 days
All payments accrued to the employee, which are provided for by the employer’s payment system, are taken into account, regardless of the sources of these payments (Article 139 of the Labor Code of the Russian Federation). In paragraph 2 of the Regulations, approved. By Decree of the Government of the Russian Federation of December 24, 2007 No. 922, there is an open list of such payments.
The following cannot be included in the calculation of average earnings:
- All payments accrued to the employee for the time excluded from the payroll period. They are listed in clause 5 of the Regulations. For example, average earnings for days of business trips and in other similar cases, social benefits, payments for downtime;
- All social benefits and other payments not related to wages. For example, financial assistance, payment of the cost of food, travel, training, utilities, recreation, gifts for children (clause 3 of the Regulations);
- Bonuses and remunerations not provided for by the remuneration system (clause “n”, clause 2 of the Regulations).
Bonuses (other remunerations) provided for by the remuneration system are taken into account taking into account certain features established by clause 15 of the Regulations.
In the Kontur.Accounting web service, vacation pay is calculated in a few clicks:
Calculation example
Let's look at the calculation of leave after maternity leave using an example: citizen Sokolova got a job on 07/01/2016, actually worked for two months and went on maternity leave from September 1 of the same year. The two months she worked gave her 4.66 days.
Citizen Sokolova’s pregnancy was singleton, the birth was natural and uncomplicated, so the sick leave in connection with pregnancy and childbirth lasted 140 days - until January 18, 2017 inclusive. 140 days is more than four and a half months. During this period, Sokolova gained experience for a full five months: 2.33 × 5 = 11.65 days.
Immediately after taking sick leave due to pregnancy and childbirth, Sokolova went to the OUCH and stayed there until July 31, 2018 inclusive. Shortly before graduation, Sokolova announced her intention to go on vacation for a full 28 days.
Since Sokolova did not work part-time while caring for her child, this period did not give her any experience.
The total duration of the period earned by Sokolova was: 4.66 + 11.65 = 16.31.
11.69 days provided in advance.
Legislation
To begin with, it is worth stipulating when you have the right to request a vacation from your superiors. Labor legislation establishes that persons who have been employed at an enterprise for at least 11 calendar months are entitled to annual leave.
Also, this period may be limited to six months with the loss of part of the vacation payments or, in exceptional cases (pregnancy, minority), a shorter duration.
How to write a statement
The application does not have a strictly regulated form; its text must reflect:
- FULL NAME. and the position of the addressee - the head of the organization;
- Full name, position, personnel number of the applicant;
- intention to receive annual paid leave immediately after CLEAR;
- how many days of vacation are due after maternity leave;
- date and signature.
The application should be submitted in advance - a few days before the end of OPUH.
How to calculate vacation days
The number of vacation days depends on the time worked during the pay period. The number of allotted vacation days per month is regulated by labor legislation - 2.33.
The number of vacation days is calculated using the following formula:
29.3/12 × World Cup , where:
29,3 – fixed value of days in a month;
12 – number of months in a calendar year;
FM – number of months worked.
There are the following calculation features:
- when taking the first vacation after six months of work, the company is obliged to provide the missing days in advance;
- the final result of calculating the number of vacation days is rounded in favor of the employee;
- upon dismissal, unused vacation is subject to compensation;
- upon termination of an employment contract by persons who have worked for more than 11 months in the current period, the amount of compensation is 100% of the amount of vacation pay.
ATTENTION! If the current month is not over at the time of calculation, it is taken into account in a special way. When the number of days worked is more than 15, the month is taken into account when calculating the vacation period; if less, it is not considered.
Special situations
When an employee is not working a full shift, this does not affect the duration of his vacation. The minimum period for which he has the right to count is twenty-eight days, unless an increase in the period is provided.
As for part-time workers, the state provides them with a wide range of guarantees. Let's look at some of them related to vacation:
- The employer is obliged to give days during the same period when the person has rest at his main place.
- If six months have not passed or the person has not worked for a full year, leave is provided in advance.
The minimum rest period for a second job must also be twenty-eight days.
Who is entitled to additional vacation days?
Persons working in certain positions or in special areas of activity are entitled to additional rest. The periods provided are in addition to the standard 28 days. This category of people includes the following employees:
- education sector - vacation from 14 to 28 days, depending on the position and type of educational institution;
- budgetary organizations that have an academic degree - 20 days;
- organizations of the defense and chemical industry - from 2 to 12 days, depending on the length of service continuity;
- medical institutions in positions with a risk of contracting AIDS or HIV - 8 days;
- in enterprises with dangerous or harmful conditions - a minimum of 7 days (the value can be increased by the employer).
Additional days are also provided based on the employee’s status: minors - 3 days of rest, disability - two days. Or based on place of work:
- regions of the Far North – 24 days;
- regions equal in status to the regions of the Far North - 16 days.
Additional rest may be replaced by monetary compensation. To do this, the employee must submit a corresponding application to management. This right is not available to persons working in hazardous or hazardous conditions.
