Working year for vacation

Vacation: concept, types, duration.

Vacation is a continuous rest period for a certain number of calendar or working days in a working year, which is provided to employees while maintaining the average salary in their position.
The legislation establishes the following types of leave:

• basic and additional;

• normal duration - basic (28 calendar days), extended (for example, according to Article 267 of the Labor Code of the Russian Federation for minor workers - duration 31 calendar days);

• paid and without salary.

The criteria for dividing leave into types are their grounds and purposes: leave for employees engaged in work with harmful and dangerous working conditions; for the special nature of the work; for length of service; workers with irregular working hours; maternity leave; study holidays.

By providing annual paid leave, the right of employees to rest is ensured. While on vacation, an employee cannot be dismissed at the initiative of the employer, with the exception of the case of liquidation of the organization or termination of activities by the employer - an individual (Article 81 of the Labor Code of the Russian Federation). According to Art. 121 of the Labor Code of the Russian Federation, the time of annual paid leave is included in the employee’s total and continuous work experience, as well as in the length of service giving the right to annual basic paid leave.

Annual paid leave is provided in each working year, which is calculated from the date of conclusion of the employment contract with a specific employer and usually does not coincide with the calendar year.

Article 121 of the Labor Code of the Russian Federation contains an exhaustive list of periods that are included in the length of service that gives the right to annual paid leave. Such periods include, for example, the time of actual work, i.e. the time during which the employee actually performed a labor function in accordance with the employment contract (Article 93 of the Labor Code of the Russian Federation); the time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position); the time of suspension of work by bodies of state supervision and control over compliance with labor protection requirements due to violation of labor protection requirements through no fault of the employee (Article 220 of the Labor Code of the Russian Federation), as well as other periods.

Article 122 of the Labor Code of the Russian Federation establishes that the right to use vacation for the first year of work arises for an employee after six months of continuous work in this organization. Before the expiration of six months, leave must be granted at the request of the employee in the following cases:

1) for women - before maternity leave or immediately after it;

2) employees under the age of 18;

3) employees who adopted a child (children) under the age of three months;

4) in other cases provided for by law.

In some cases, annual paid leave should be provided to employees at a time convenient for them. This requirement also applies to the first year of work, when leave must be provided in advance (before the expiration of six months of continuous work),

Vacation for the second and subsequent years of work can be granted at any time of the working year in accordance with the priority established in the given organization (vacation schedule). At the same time, the possibility of granting two vacations for different working years in one calendar year is not excluded. The approved schedule must be communicated to all employees. In Art. 124 of the Labor Code of the Russian Federation establishes a rule according to which the employer is obliged not only to acquaint the employee with a receipt with the schedule, but also to notify him of the start time of the vacation no later than two weeks before it begins. Otherwise, the vacation is postponed to another date.

If for any reason an employee cannot use vacation on the days specified in the schedule, he has the right to contact the employer with a request to postpone it. When a vacation is postponed to another time, appropriate changes are made to the vacation schedule.

In accordance with Art. 115 of the Labor Code of the Russian Federation, employees are granted annual basic paid leave of 28 calendar days. For some categories of employees, the law establishes extended basic leave (more than 28 calendar days). Non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid.

When calculating the total duration of annual paid leave, additional paid leaves are summed up with the annual main paid leave (Article 120 of the Labor Code of the Russian Federation). As a general rule, leave is granted in its entirety, but by agreement of the parties to the employment contract, annual paid leave can be divided into parts. The legislation does not establish how many parts the vacation can be divided into. According to Art. 125 of the Labor Code of the Russian Federation, the indivisible part (at least one of the parts, not necessarily the first) must be at least 14 calendar days.

Recall of an employee from vacation is possible only with his consent. An employee’s refusal to go to work when called back early from vacation is not a violation of labor discipline and cannot lead to disciplinary sanctions. According to Art. 125 of the Labor Code of the Russian Federation, workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

In case of illness of an employee while on regular leave, the latter is subject to extension by the number of days of temporary disability.

According to Art. 177 of the Labor Code of the Russian Federation, annual paid leaves by agreement of the employer and employee can be added to additional study leaves. In this case, the annual paid leave is extended or postponed.

Article 124 of the Labor Code of the Russian Federation prohibits the failure to provide annual paid leave for two years in a row, as well as the failure to provide leave to employees under the age of 18 and employees engaged in work with harmful and (or) dangerous working conditions.

The procedure and rules for calculating vacation experience using examples - what to take into account and what to exclude?

The vacations of these persons cannot be transferred to the next working year, even at the request of the employees themselves.

In some cases, the employer may (but is not obligated to) provide the employee, at his request, with unpaid leave. Part 2 Art. 128 of the Labor Code of the Russian Federation lists cases when an employer is obliged, based on a written application from an employee, to provide leave without pay:

1) participants of the Great Patriotic War - up to 35 calendar days a year;

2) working old-age pensioners (by age) - up to 14 calendar days per year;

3) parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury,

received during the performance of military service duties or as a result of an illness associated with military service - up to 14 calendar days per year;

4) for working disabled people - up to 60 calendar days per year;

5) employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

6) in other cases provided for by the Labor Code of the Russian Federation, other federal laws or a collective agreement.

In accordance with Art. 263 of the Labor Code of the Russian Federation to an employee who has two or more children under the age of 14 years (a disabled child under the age of 18 years), a single mother raising a child under the age of 14 years, a father raising a child under the age of 14 years without a mother, collective The contract may establish annual additional leaves without pay at a time convenient for them, lasting up to 14 calendar days.

Providing an employee with leave without pay is formalized by order (instruction) of the employer. During unpaid leave, the employee retains his place of work (position). According to the provisions of Art. 121 of the Labor Code of the Russian Federation, time of unpaid leave lasting more than 14 calendar days is not included in the length of service giving the right to annual basic paid leave.

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List of documents for registration for work according to the Labor Code of the Russian Federation

This issue is regulated by Art. 65 Labor Code of the Russian Federation. The list contains the following documents that are needed for official registration:

1. Passport (other identification document is possible).
2. Employment history.
3. A document confirming registration in the individual (personalized) accounting system can be provided electronically.
4. For those liable for military service and citizens subject to conscription - a military registration document (military ID or certificate of a citizen subject to conscription).
5. Document on education, qualifications or special skills - if necessary.
6. When applying for a job, some organizations may require a certificate of the presence (absence) of a criminal record and a certificate indicating whether the person is or is not subject to administrative punishment for the use of narcotic drugs or psychotropic substances without a doctor’s prescription.
7. It is also possible to provide a medical certificate or sanitary record when hiring for certain types of work or positions and is mandatory when hiring minors under the age of 18.
8. In some cases, depending on the specifics of the work, the employer may require additional documents.

Documents not provided for by the Labor Code are prohibited from being required from an employee.

In 2021, the rules for maintaining work records have undergone dramatic changes.

Citizens who had work books before December 31, 2020 could submit an application at their place of work to maintain an “electronic work book” in 2020, and at the same time receive their paper work book with full responsibility for it in the future.

Employees who have not submitted an application will continue to keep a regular paper work book, but they can submit an application to switch to an electronic one at any time, and they will retain this right when moving to another employer. Citizens who did not have a work book as of December 31, 2020 and began their working activities after this date will only have electronic work books.

How to determine the working year for the next annual leave and its duration

In this case, non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid. This means that if the vacation falls on such days, then it is, as it were, extended.

If an employee is granted additional paid leave, then when calculating the total duration of annual paid leave, they are summed up with the main one.

Sometimes an employee, due to valid reasons (for example, illness), cannot fully use his vacation. For such cases, the law provides for an extension of vacation, i.e., postponing the date of return to work by the number of days on which the employee, if he were not on vacation, would still be relieved from performing work duties for other valid reasons.

Annual paid leave must be extended in the following cases:

• temporary disability of the employee;

• the employee performs state duties during his annual paid leave, if the law provides for this by exemption from work;

• in other cases provided for by laws and local regulations of the organization.

Procedure for granting annual paid leave

Paid leave must be provided to the employee annually. The right to use vacation for the first year of work

arises for an employee after six months of continuous work with a given employer.
At the same time, the length of service that gives the right to annual basic
paid leave includes:

• time of actual work;

• the time when the employee did not actually work, but in accordance with federal laws he retained his place of work (position);

• time of forced absence due to illegal dismissal or suspension from work and subsequent reinstatement to the previous job;

• other periods of time provided for by the employment contract, collective agreement, other local regulatory act of the organization.

At the same time, this experience does not include:

• the time the employee is absent from work without good reason, as well as his legal removal from work

• time of maternity leave;

• vacation time without pay lasting more than seven calendar days.

When deciding on an employee’s right to paid leave, only the time worked for a given employer is taken into account. However, in cases where an employee was employed by an organization by way of transfer and did not use leave at his previous place of work, he: has the right to demand the first leave from the new employer, based on the total six-month length of service at the previous and new place of work.

By agreement of the parties to the employment contract, the first paid leave may be granted to the employee before the expiration of six months of his continuous work. However, for some employees the employer is obliged

upon their application, provide such leave before the specified period, namely:

• for women - before maternity leave or immediately after it;

• employees under 18 years of age;

• employees who have adopted a child (children) under the age of three months;

• in other cases provided for by federal laws. Vacation for the second and subsequent years of work is granted at any time of the working year in accordance with the priority established in the organization. This priority is determined annually in accordance with the vacation schedule,

approved by the employer, taking into account the opinion of the elected trade union body no later than two weeks before the start of the calendar year.

The vacation schedule is mandatory for both the employer and the employee. This means that if, for example, an employee independently, without taking into account the date of granting him leave according to the schedule, “went” on vacation, then this is equivalent to absenteeism. Likewise, if the employer does not comply with the priority schedule for granting vacations, then this is considered a violation of the rights of employees with corresponding consequences. The employee must be notified of the start time of the vacation no later than two weeks before it begins.

Certain categories of employees, in cases provided for by federal laws, are granted annual paid leave at their request at a time convenient for them. For example, at the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization.

Postponement of vacation

for another period is possible by agreement between the employee and the employer, if the employee was not paid on time during this vacation or the employee was notified about the start time of the vacation later than two weeks before it began.

Transferring vacation to the next working year

permitted with the consent of the employee in exceptional cases when the provision of leave in the current working year may adversely affect the normal course of work of the organization. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

In any case, it is prohibited to fail to provide annual paid leave for two years in a row, as well as to employees under the age of 18 and to employees engaged in work with harmful and (or) dangerous working conditions.

The legislation allows for the division of vacation into parts, in which a certain number of vacation days are used during the period provided for the next vacation, and the remaining number is transferred to another time. Division of leave is possible only by agreement of the parties, so if, for example, an employee does not respond to the employer’s initiative, then no one has the right to oblige him to give his consent. When dividing vacation, at least one of its parts must in any case be at least 14 calendar days.

Recall from vacation is permitted only with the consent of the employee. The part of the vacation not used in connection with the recall must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Under no circumstances (even with the consent of the employee) is it permitted to recall from vacation workers under the age of 18, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions.

Replacement of vacation with monetary compensation is possible only at the initiative of the employee if the duration of the vacation exceeds 28 calendar days. In this case, upon the employee’s written application, monetary compensation replaces that part of the vacation that exceeds the specified period. It is not allowed to replace vacation with monetary compensation for pregnant women, employees under the age of 18, and employees engaged in heavy work and work with harmful and (or) dangerous working conditions (i.e., the same categories of employees for whom recall from vacation is prohibited ).

In case of dismissal, the employee is paid monetary compensation for all unused vacations upon final settlement with him. However, upon a written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

Date added: 2015-01-15; ;

as of January 25, 2005

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According to Art. 163

Labor Code of the Republic of Belarus
the working year
for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the date of hiring.

Each working year is calculated not from the end date of the next vacation, but from the date of hiring. So, if an employee was hired on March 20, 2001, then the working year for his vacation will be determined from March 20, 2001 to March 20, 2002, etc.

Thus, the concept of “working year” for calculating vacation differs significantly from the concept of “calendar year,” which implies a period of time, for example, from January 1, 2001 to January 1, 2002, although the working year is equal in length to the calendar year.

The legislation provides for cases when, when calculating labor leave, the working year may shift by certain periods of time. We are talking about those periods of time that are not included in the actual time worked (see Art.

How to correctly calculate the working year and in what cases its boundaries shift

Labor leave is usually granted to the employee annually. However, in some cases, the working year for which labor leave is granted may shift, and this circumstance must be taken into account by the HR specialist. In this article we will look at in what cases and how the boundaries of the working year are shifted and whether the law provides for a form of accounting for the shift of the working year.

Employees are paid average earnings, so-called vacation pay, during the period they are on labor leave. Let's look at how to determine the period for calculating vacation pay.

The working year for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the date of hiring (Article 163 of the Labor Code).

The employee's working year differs from the calendar year. At the same time, labor legislation understands the working year as the period of his work with a given employer, counting from the date of entry to work. For example, if an employee is hired on April 10, 2015, then his work year begins on April 10, 2015 and ends on April 9, 2016. The employee's next work year begins on April 10, 2016.

For reference: employees, regardless of who their employer is, the type of employment contract they have concluded, the form of organization and remuneration, have the right to basic leave (Article 154 of the Labor Code).

Time periods included in the working year

The working year for which labor leave is granted includes:

– actual time worked;

– the time that the employee did not work, but in accordance with the law or a collective agreement, his previous job and salary were retained or he was paid state social insurance benefits, with the exception of the time of parental leave until he reaches the age of 3 years;

– vacation time without pay, not exceeding 14 calendar days during the working year;

– time of paid forced absence, etc. (Article 164 of the Labor Code).

For reference: the periods included in the working year for which additional leave is granted for work with harmful and (or) dangerous working conditions and the special nature of the work (Article 157) are determined by the Government of the Republic of Belarus.

Example 1

During the working year (from September 1, 2014 to August 31, 2015), the employee was granted short-term leave without pay for family reasons with a total duration of 14 calendar days (Article 190 of the Labor Code). Since these periods did not exceed 14 calendar days, the time an employee is on unpaid leave in this case is included in the working year, which means it does not shift the period for which the employee can be granted labor leave. That is, leave will be provided for the working year from September 1, 2014 to August 31, 2015.

Time periods that are not included in the working year

In accordance with labor legislation, the boundaries of the working year of employees are shifted in the case of:

– the employee’s use of unpaid leave lasting more than 14 calendar days during the working year (clause 5 of part one of Article 164 of the Labor Code);

– provision of leave to care for a child until he reaches the age established by law (clause 2 of part one of Article 164 of the Labor Code).

IT IS IMPORTANT! The employer has the right to provide in a collective agreement or agreement a condition for including in the working year a period when an employee is on leave without pay for more than 14 calendar days.

In this case, the employee’s working year will not shift by the number of calendar days of social leave without pay in the working year, exceeding 14 calendar days, taking into account the number of days established in the local acts of the organization. But if the employee is granted leave without pay beyond this period, then the working year is shifted by this number of days.

Example 2

In an organization where predominantly women work, the collective agreement stipulates that during the year, employees can use 20 calendar days of unpaid leave, which are included in the working year. During the year, one of the employees was granted 5 leaves without pay for a period of 5 calendar days. This means that her working year will be shifted when granting labor leave by 5 calendar days (25 - 20).

How does unpaid leave affect paid leave?

If the sum of the periods included in the working year according to Art. 164 Labor Code, less than 12 full calendar months, the employee’s working year is shifted by the missing time. For greater clarity, let’s look at how the working year shifts when using leave without pay.

If the number of calendar days of social leave without pay granted to an employee during a working year is more than 14, then the number of calendar days of such leave exceeding 14 is excluded from the employee’s working year, and the working year is shifted by exactly this number of calendar days.

For reference: if the sum of the periods included in the working year according to Art. 164 Labor Code, less than 12 full calendar months, the employee’s working year is shifted by the missing time (Article 165 Labor Code).

Example 3

The employee was hired on June 1, 2012. During the 1st and 2nd working years, the employee did not have periods of time that the law does not regard as actual time worked. This allowed the HR specialist to mark the employee's work year as follows: June 1, 2012 - May 31, 2013, June 1, 2013 - May 31, 2014. During the next work year (from June 1, 2014 to 31 May 2015), the employee was provided not only with labor leave, but also short-term leaves without pay with a total duration of 20 calendar days. In this case, the working year of this employee is shifted by a number of days exceeding 14 calendar days, i.e. for 6 calendar days (20 – 14). This means that the working year for him will be calculated from June 1, 2014 to June 6, 2015.

How does an employee's working year change after maternity leave?

Long leaves without pay, leave to care for a child up to 3 years old and others are not included in the working year, and the end of the employee’s working year is shifted by the corresponding number of calendar days.

The time of leave to care for a child before the child reaches the age of 3 years is not counted in the length of service that gives the right to subsequent labor leaves (part eleven of Article 185 of the Labor Code). Let's consider the calculation of the working year taking into account the requirements of Art. 165 TK in example 4.

Example 4

The employee was registered for work on January 2, 2011. On May 23, 2011, she went on social leave to care for a child, and on October 15, 2014, she returned to work full time. The time of the above leave is not included in the working year for which labor leave is granted (Article 185 of the Labor Code). Consequently, the working year is shifted by the number of days of social leave.

IT IS IMPORTANT! In this case, for the employee, the initial working year was from January 2, 2011 to January 1, 2012. But since the employee went on social leave from May 23, 2011, the period of this leave was from May 23, 2011 to October 14, 2014 should be excluded from the calculation of the working year.

Therefore, the HR specialist must make the following calculation:

1) determine the actual time worked by the employee, i.e. number of calendar days from the beginning of the working year until the start of parental leave:

from January 2, 2011 to May 23, 2011 = 141 calendar days (hereinafter - c.d.);

2) determine the end date of the employee’s new working year, i.e. the number of k.d. that must be added to the date the employee leaves social leave to care for a child before he reaches the age of 3 years in order to obtain a full working year. To do this, we subtract the number of actually worked days from the duration of the calendar year. before the start of parental leave:

365 k.d. – 141 k.d. = 124 k.d.;

3) we determine the end date of the working year for which the employee will be granted labor leave according to the new calculation. To do this, we add the missing amount of k.d. to the date of departure from the specified vacation, i.e. the number of days she did not work before receiving a full working year:

October 15, 2014 + 124 k.d. = February 15, 2015;

4) the received date – February 15, 2015 – is the end date of the working year for which the employee can be granted labor leave.

From the day following the received date – February 16, 2015 – the new working year of this employee will begin: from February 16, 2015 to February 15, 2021, etc.

We supplement the vacation schedule and employee lists

In practice, HR specialists often have questions: how to document the shift in working year? Is it possible to count the periods included in the working year in any form?

The legislation does not provide for any established form of recording the fact of a shift in the working year. At the same time, during inspections, regulatory authorities strongly recommend keeping records of the shift in the working year of employees in the form of orders to shift the working year or by making appropriate notes in the personal cards (lists) of the organization’s employees.

We believe that issuing orders to shift the working year is inappropriate. It is better at the end of the working year to analyze orders for the provision of labor leave, unpaid leave, and parental leave and immediately note the shift in the working year for each employee.

IT IS IMPORTANT! We advise the HR specialist, in orders for granting labor leave, to indicate the period (working year) for which the leave is granted, taking into account its shift, and if this happens, then note such a shift in the vacation schedule or any electronic lists maintained by the organization, not necessary.

We believe that this form will not only make it easier to record the working periods of the organization’s employees, but will also give a complete understanding of why the working year in certain situations is not equal in length to the calendar year, as provided for in Art. 163 TK.

Working year: what periods to take into account

165 TK).

An employee may be granted only one leave of absence per working year. Vacations for the second and subsequent years of work by the employer are granted at any time of the working year in accordance with the priority of vacations, including in advance. Labor leave in accordance with Part 1 of Art. 166

of the Labor Code of the Republic of Belarus for the first year of work is provided to employees after at least 6 months of continuous work with a given employer. The exception is cases provided for in parts 2, 3, 4 of Art. 166 of the Labor Code of the Republic of Belarus, under which employees are granted labor leave until the end of 6 months of work. It is not permitted to grant labor leave in advance before the start of a working year that has not yet begun.

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2004-2015 Republic of Belarus

Pros and cons of official employment

By this term we will understand registration under an employment contract. There is a second option - signing a GPC agreement. This method is not prohibited by law, but in the case of GPC, the relationship between the employee and the organization that hired him is not labor and is not regulated by the Labor Code

.

If you are offered to enter into a GPC agreement, then look at what nuances there are in this case and what advantages official employment has (according to the Labor Code):

The procedure for calculating vacation time - examples

05 05 2021 otpusknik No comments yet

Vacation period is the period of time for which an employee has the right to demand annual paid leave. There are some features in its calculation that must be taken into account to determine the vacation days due to the employee. The article discusses how to calculate vacation time step by step, provides specific steps in the calculation, and also gives an example of the calculation in numbers.

Providing vacations to its employees is the responsibility of the employer and is enshrined in Article 121 of the Labor Code of the Russian Federation. A citizen has the right, after six months of work at a new enterprise, to write a statement to the manager and ask for another vacation. For one full year of work, he will receive 28 calendar days of vacation. The management of the enterprise must also provide some employees with additional leave.

How to calculate vacation time correctly

At the same time, the task of the HR department specialists is to correctly calculate the beginning and end of the year for which rest days will be provided. These dates are indicated in the vacation order. It is especially important to accurately determine the vacation period if an employee quits his job and the company is obliged to calculate and pay compensation for vacation not taken on the date of dismissal. How to calculate compensation for vacation upon dismissal.

To correctly calculate the length of service for vacation, you need to know the following:

• what is a working year?
• what periods should be included in the length of service;
• which periods do not need to be included in the length of service.

What is a working year for vacation

The working year is calculated separately for each employee.

What are the risks of working without an employment contract? Main risks

1. The employer may not pay wages.
2. The period of work without a contract is not included in the insurance period required for calculating payments and benefits.
3. Sick leave and maternity benefits are not paid.
4. Regular paid vacations may not be provided.
5. Work and rest schedules for workers may not be observed, and unpaid overtime is possible.
6. There are no guarantees of compensation for injuries related to the performance of job duties.
7. An employee does not have the guarantees upon dismissal or layoff that are available with official registration.
8. Salary payment deadlines may not be met.

Vacations: concept, types, duration, procedure for granting annual leave

When you leave your old job, your vacation period is interrupted. The previous employer pays compensation for unused vacations. The new employer begins to count the year of work anew from the date of hire. The duration of the first year is 12 months. The second year begins the day after the end of the first and continues for another 12 months. This may be the case in the standard case.

In practice, the working year does not always coincide with the calendar year. A person can work at night and on holidays, stay late to do overtime, or be a part-time worker. It is possible that he will be absent from work for both good and bad reasons. All information about the time of presence and absence is reflected in the working time sheet and the employee’s personal card. When calculating vacation experience, data on time worked is analyzed. And if there are periods of absence that are excluded from the leave period, the end date of the working year will change.

Excluded periods from vacation experience

Some periods of time when the employee was not engaged in performing his job duties should not be included in the length of service for calculating vacation days. These include:

• Days of absenteeism, suspensions from work and other absences without good reason.
• Parental leave for up to three years.
• Vacation at your own expense for more than 14 calendar days a year.

These periods are considered unrelated to work, and the working year will end later by the number of days of such absence.

What periods are included in the length of service?

When calculating the working year for annual paid leave, you should include all the time that the employee performed duties at the workplace in accordance with the employment contract, as well as while on a business trip.

Cases of employment on weekends and holidays must be issued by a separate order. These periods are added to the length of service, just like overtime hours.

Shortened working hours established by law are not removed from the calculation:

• for students, during on-the-job training;
• for disabled people, minors, workers employed in hazardous industries.

Days will also be included in the vacation period if the employee did not go to work due to valid reasons.

These include:

• The time when the employee was actually absent, but according to the law, his job was retained. Reasons for absence are:
• vacation;
• disease;
• holidays and weekends;
• paid additional days off;
• additional days of vacation without pay;
• training;
• performance of government duties;
• simple production.
• Unlawful removal from work or dismissal.

Step-by-step calculation of vacation time

To calculate the length of service for annual paid leave, you need to determine the start and end date of the working year. To do this you need:

Calculation example

Let's look at an example of calculating length of service for vacation in a specific case.

• November 1, 2014 mechanic Kolosov A.P. was hired.
• From March 14, 2015 to March 23, 2015, he was absent due to illness.
• In 2015, the regular vacation lasted from December 4 to December 31, in 2021 - from November 3 to November 30.
• On August 12 and 13, 2015, he was suspended from work due to late medical examination due to the employee’s fault.
• From May 15 to June 2, 2021, I was on leave without pay.
• Effective April 30, 2021, the employee will resign. It is necessary to determine the length of service to calculate compensation for unused vacation.

Of all cases of absence from work, the vacation record does not include days of suspension from duties and leave “at one’s own expense” for more than two weeks.

Definition of working years:

1. The first year of work of Kolosov A.P. starts from the date of hiring on November 1, 2014 and ends on November 2, 2015. The end of the year was pushed back by two days due to the suspension period.
2. The second working year begins on November 3, 2015 and ends on November 7, 2021. The shift in the end date of the working year was due to leave without pay exceeding the two-week period by 5 days.
3. The third year of operation began on November 8, 2021. Leave for the period from this day until dismissal was not provided and will be compensated by cash payment.

It is necessary to determine the number of complete months worked for the third year. It turns out 5 months and 22 days. A period of more than half a month is rounded to the nearest whole month. Therefore, compensation must be paid on the basis that the vacation was not used for 6 months.