How the duration of vacation is calculated: basic rules
How to calculate the number of vacation days? An employer may have such a question, for example:
- when sending an employee on vacation and issuing him vacation pay;
- payment of compensation for unused vacation upon dismissal or without it.
In both cases, the calculation of calendar days of vacation occurs according to the general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, this is the period of time provided for rest for employees of most companies.
Vacation is extended for days of illness, performance of government duties, and in some other cases (Article 124 of the Labor Code of the Russian Federation).
Some categories of workers are entitled to extended vacations by law. These include:
- employees under 18 years of age;
- municipal and civil servants;
- educational staff;
- disabled people;
- drug control officials;
- investigators and prosecutors working in areas with special climates;
- other categories of workers.
An organization can set a different vacation duration by recording this in a local document.
Study the nuances of providing additional leave using materials from our website:
- “Additional leave for irregular working hours”;
- “The Supreme Court clarified how to calculate the duration of additional vacations”.
Thus, the first thing you need to do before calculating calendar days for calculating vacation is to determine the employee’s length of service in the organization.
In general, a person can take vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can go on vacation earlier. Holidays for subsequent years are provided at any time according to the vacation sequence established by the employer.
After the length of service has been calculated, you need to determine how many days of vacation the employee is entitled to. You need to proceed from the following: with the generally accepted 28-day vacation provided in calendar days, for each month worked the employee is entitled to 2.33 days of vacation (28 days / 12 months).
How to calculate the duration of vacation when working part-time (duration of vacation when working at 0.5 times the rate)? The answer to this question was explained in detail by ConsultantPlus experts. Get free trial access to the legal system and switch to a ready-made solution.
The procedure for granting leave according to the Labor Code of the Russian Federation
Annual basic paid leave (according to Article 114 of the Labor Code of the Russian Federation) is free time that is provided:
- any employee for a certain number of days a year;
- without fail;
- with saving of working space;
- with payment based on the average salary in the previous year.
In order for an employee to go on vacation, some nuances must be observed:
- Vacation experience is the minimum time that an employee must work in an organization in order to gain the right to go on vacation.
The general requirements for calculating length of service are set out in Art. 121 Labor Code of the Russian Federation. It includes:
- actual time worked;
- the time when an employee was absent from work, but his place was retained, including during forced absences and downtime;
- the time when the employee was suspended through no fault of his own;
- vacation time at your own expense up to 14 days a year.
And the time does not turn on:
- on parental leave until the appropriate age;
- downtime, absenteeism, suspensions due to the fault of the employee;
- vacations at your own expense in excess of 14 days.
According to the norms of the Labor Code (Article 122), the first opportunity for an employee to take basic leave arises after his work experience with a given employer is 6 months. Exceptions may be made:
- for pregnant women and women on maternity leave;
- minors;
- adoptive parents of newborns;
- other citizens in cases provided for by federal laws, for example, for Chernobyl victims (clause 5 of article 14 of the law of the Russian Federation of May 15, 1991 No. 1244-I), spouses of military personnel (clause 11 of article 11 of the law of May 27, 1998 No. 76-FZ ).
Further vacations are given in accordance with the vacation schedule approved by the employer for the next year.
- The procedure for granting vacations requires that they comply with the schedule. There are 2 options for compiling it:
- The schedule shows the exact vacation dates. Then the employer must remind (notify) the employee about the vacation against receipt no later than 2 weeks before it starts (Article 123 of the Labor Code of the Russian Federation).
- The schedule shows only the month of vacation. Then the employee should write a statement indicating the start date of the vacation, and the employer should notify the employee about the start of the vacation from the specified date. The deadline remains the same (minimum 2 weeks).
According to the Labor Code of the Russian Federation, vacation can be postponed due to serious production needs. It should be borne in mind that transferring vacation to the next year is possible only with the consent of the employee.
ConsultantPlus experts spoke in detail about the nuances of postponing vacation due to production needs. Get trial access to the K+ system and upgrade to the ready-made solution for free.
Unscheduled leave may be granted to the same categories of employees who are entitled to leave granted without completing the minimum required length of service.
Read more about drawing up a vacation schedule in the article “Vacation schedule - form and sample for filling out in 2021.”
- The leave is formalized by an order, which the employee reads against signature.
The form and example of the order are given in the material “Order for annual paid leave - sample and form” .
Calculating vacation time
We begin counting the length of service from the date the vacationer was hired. In other words, the calculation is carried out not according to calendar years, but according to so-called working years.
Example
For an employee who was employed on 04/11/2020, the first working year will be the period from 04/11/2020 to 04/10/2021, the second - from 04/11/2021 to 04/10/2022, etc.
When calculating vacation days for an employee’s worked period, we take into account the time when he:
- worked directly;
- did not actually work, but his position was retained;
- was on vacation at his own expense (but no more than 14 calendar days per year);
- forced to skip work due to illegal dismissal or suspension;
- was suspended without undergoing a mandatory medical examination through no fault of his own.
The answer to the question of whether vacation days are excluded when calculating vacation pay is partly positive. So, we exclude from the experience:
- periods of unpaid leave exceeding 14 days;
- "children's" holidays;
- time away from work without good reason.
Example
The employee was hired by the organization on 07/11/2019 and worked until 03/20/2021 without leave. He was sick from 02/12/2021 to 02/21/2021.
First, the number of months in the worked period is determined.
12 months (07/11/2019 – 07/10/2020) + 8 months and 10 days (07/11/2020 – 03/20/2021) – 10 days of illness = 20 months.
Number of vacation days: 28 / 12 × 20 = 46.67 days.
Average daily earnings
Let's calculate it using the formula:
Payments in the billing period / Number of days worked during the same time.
Take into account the salary with all allowances and coefficients, and bonuses according to the rules from paragraph 15 of the Government Decree.
Do not take into account vacation pay, travel allowance, sick leave and other payments that are calculated based on average earnings, financial assistance, and compensation for food expenses.
If during the billing period you massively increased salaries in an organization, branch or division, index the average employee’s earnings according to the rules from paragraph 16 of the Regulations.
Divide the received payment amount by the number of days worked.
There is a separate article on calculating average daily earnings.
Example:
Dasha received 40 thousand rubles a month throughout the entire billing period.
Vacation pay base for the billing period = 40,000 x 12 = 480 thousand.
Average daily earnings = 480 thousand / 334.4 = 1435.41 rubles.
Amount of vacation pay = Average daily earnings x Number of vacation days = 1435.41 x 17 = 24,401.97.
