Annual paid leave for the first working year: how many days is an employee entitled to after 6 months of continuous work?

Benefits for parents with many children

Russian President Vladimir Putin signed Federal Law No. 34-FZ dated 03/09/2021 with amendments to the Labor Code on annual paid leave for workers with many children. New rules have been established for granting annual paid leave to employees with many children who have three or more children under the age of 18. Now they have the right to receive annual paid leave at a time convenient for them at their request until the youngest child reaches the age of 14.

Until now, the norms of the Labor Code of the Russian Federation provided for the right to leave at a convenient time for workers with many children only with children under 12 years of age, and this placed large families in unequal conditions. Whereas, by virtue of the Civil Code of the Russian Federation, upon reaching the age of 14, children cease to be minors, guardianship ends, which turns into trusteeship, children receive a passport and separate rights and responsibilities, and not at 12 years old. The amendments will allow parents and children to spend time together and both parents to actively participate in raising children. They will begin to operate on March 20, 2021.

ConsultantPlus experts figured out how to provide additional leave to parents with many children at their own expense. Use these instructions for free.

Legislative norms

A separate chapter 19 of the Labor Code of the Russian Federation is devoted to the rules for granting and calculating the duration of leave, including Art. 114-128. The main provisions are enshrined in Articles 120-122.

So, 120 art. The Labor Code of the Russian Federation regulates the rules for calculating the duration of vacation , and Art. 121 establishes the procedure for calculating length of service, upon achieving which the employee has the right to paid rest.

Art. deserves special attention. 122 Labor Code of the Russian Federation. It contains a list of persons who must be granted annual leave until the minimum continuous service has been achieved . This list is not exhaustive, as a number of federal laws establish additional rules for taking leave for their employees.

Delivery time

There is a general rule on this issue: all types of leave, including basic, additional, paid and unpaid, without pay, are provided with prior agreement with the employer. That is, the answer to the question of when you can take leave under the Labor Code is as follows: when you can come to an agreement with the administration of the organization.

Of course, this does not cancel the employee’s right to rest, but the priority must be established so that this does not affect the work process. And, of course, there are emergency cases, force majeure circumstances, when the employer does not have the right to refuse an employee. If an agreement cannot be reached, the conflict must be resolved through mutual concessions in accordance with the norms of the Labor Code.

When can a request be refused?

If vacation is prescribed in advance in the vacation schedule, then no one has the right to revoke it (read about in what cases an employer can refuse vacation and what to do if this happens). If the employer does not calm down, the worker can file a complaint with the labor inspectorate or the prosecutor's office. Also, the employee may not go to work from the date of the officially appointed vacation. However, such an action will not be considered truancy.

If, after an appropriate inspection, the company’s guilt is proven, it faces a fine of up to 50,000 rubles. This is explained in Article 5.27 of the Administrative Code.

So, we looked at when and how vacation is given at a new job, whether it is possible to take it ahead of schedule or whether it will be possible to go on vacation only after six months. To summarize, we note that when signing an employment contract, each person should pay attention to its content. After all, the contract may provide for an individual system for providing days of rest after hiring and other features regarding when and how vacation is provided.

You should always carefully study all documents that HR employees submit for signature. Otherwise, there is a chance to encounter unpleasant and unexpected moments associated with the provision of leave.

Off schedule

There are categories of workers whose representatives have the right to go on vacation at any time convenient for them, having notified them in advance.

These include:

• citizens under 18 years of age;
• women and single men raising two or more children under 12 years of age, in addition, they have the first priority to “book” summer time;
• employees previously recalled from vacation;
• part-timers. It is clear that the periods of rest at the main and additional jobs must coincide;
• one of the parents raising a disabled child under the age of 18;
• spouses of military personnel, who also have the right to rest at the same time as their husbands and wives;
• honorary donors of the Russian Federation;
• some categories of Chernobyl victims.

In 2022, a new article was introduced into the Labor Code of the Russian Federation - 262.2. Under this provision, employees with three or more children are now entitled to take leave at a time convenient to them in accordance with their expressed preference.

Who else has the right to rest without working the legally required period of 6 months:

• in the case of adoption of an infant (that is, a child under three months of age);
• In the event of pregnancy, a woman has the opportunity to take leave ahead of schedule, before her maternity leave or immediately immediately after it.

Moreover, in accordance with Art. 122 of the Labor Code of the Russian Federation, the employer himself has the right to send an employee to rest at his own expense before the expiration of the six-month period of work.

Results

So, the Labor Code of the Russian Federation provides all employees who have worked for a new employer for 6 months with the right to receive leave at a time convenient for them during the first year of work. At the same time, preferential categories of employees can take leave earlier than the minimum required period.

Sources: Labor Code of the Russian Federation

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First well-deserved rest

Employees who have changed jobs often ask HR officers when they can take vacation for the first time. The first time you can write an application in accordance with Art. 122 of the Labor Code of the Russian Federation, provided that the citizen has been working at one enterprise for more than six months. Thus, there is a rule: you must work at a new enterprise for at least six months before you can expect to rest at the employer’s expense. But there are exceptions to it: some categories of workers have the opportunity to rest before the expiration of this period, in particular citizens under 18 years of age.

How long before you can go on vacation at your new job?

According to Part 1 of Art.
115 of the Labor Code of the Russian Federation, a working citizen is entitled to annual rest, the duration of which is 28 days when working under normal conditions. The order of going on vacation at an enterprise is regulated by a special document called a vacation schedule. FOR REFERENCE: the schedule must be signed by the company's management at least 14 days before the start of the new year. According to Art. 123 of the Labor Code of the Russian Federation, it is mandatory for both management and employees.

The time of annual rest according to the schedule can be determined for any period of the year, taking into account the specifics of production processes. However, if a citizen has recently found a job, then he is subject to the exceptions specified in Art. 122 Labor Code of the Russian Federation.

When is leave due after getting a job? The right to rest appears only after 6 months. At the same time, the length of service required to qualify for a 28-day vacation must be continuous.

Issues of including certain periods in continuous service are regulated by Art. 121 Labor Code of the Russian Federation. Experience includes:

• working hours, weekends and holidays;
• time of forced absence;
• periods when the employee was on leave without pay, but not more than 14 days annually.

ConsultantPlus experts explained when the right to annual leave arises. Get trial access to the system and proceed to the HR Guide.

Vacation at your own expense

A citizen has the right to take several (the maximum limit is defined only for civil servants - 1 year) days at his own expense. Such time off is provided only upon application and in agreement with the administration, except for the following cases:

• WWII participants have the right to take an additional 35 calendar days off per year;
• working age pensioners - 14;
• working disabled people - 60;
• parents and wives (husbands) of military personnel, firefighters, etc. who died in the line of duty - 14.

In addition, the manager is required to sign an application for 5 days at his own expense in the event of the birth of a child, registration of marriage, or death of a close relative.

When does an employee have the right to leave?

Important! The right to leave from the date of employment arises after 6 months. However, this does not mean that exactly six months later the employee must go on vacation. He can exercise his right after six months, at any time, up to the end of the calendar year.

In addition, even before the end of 6 months of work in one company, a new employee can claim 1 day off towards future vacation . After that, this day will need to be deducted from the full vacation. Payment for this day is made together with vacation pay.

Additional

Additional permission is granted on the basis of law for certain categories of workers or in accordance with internal local regulations of the organization. They are:

• workers in hazardous or unhealthy conditions;
• underage;
• teaching staff;
• workers on irregular working hours and other categories in accordance with the Labor Code of the Russian Federation.

Material on the topic Additional leaves and the procedure for their provision

Vacation schedule

The procedure by which company employees go on annual paid leave is prescribed in the vacation schedule. This document is drawn up in the current year for the next calendar year. This document must be drawn up and approved before December 17 of the current year. Accordingly, employees who were hired after the schedule was agreed upon are not reflected in it. Therefore, new employees, having worked for 6 months, can apply for any remaining period.

The countdown of the six-month period begins from the moment of employment with this employer . If a new employee does not plan to take a vacation in the current calendar year, but wants to do it next year, then this is noted in the new vacation schedule. And if he plans to take a break this year, then in this case he should apply for a manager. In addition, you can also draw up an additional vacation schedule, which is agreed upon with other employees or with the trade union. The schedule is approved by the head of the company as usual. The main vacation schedule can be adjusted several times throughout the year. Labor legislation does not prohibit doing this.

For those who are on maternity leave

Scheduled leave as a break from work and maternity leave are different, unrelated periods. They are provided for different reasons, have different durations (28 and 140 days on average), and payment for such periods is made according to different rules. Every employee is entitled to annual rest of 28 calendar days after six months of work at one enterprise; a woman cannot be limited in this right. Maternity leave and parental leave are provided regardless of working a certain period of time before pregnancy.

To whom and how is this right granted?

Every worker has the right to rest days, while the employee retains his position and average earnings. This point is clearly explained by Article 21 of the Labor Code of the Russian Federation.

Is any employer obliged to provide an employee with annual rest after 6 months after hiring the person?

Yes, the right to vacation, which arises for an employee after six months of work at a new place, does not depend on the legal form of the employer’s activities (individual entrepreneur, LLC, JSC), on the work schedule and the amount of earnings. Leave is due to all workers without exception, including those who work part-time.

The employer does not have the right to transfer an employee to another workplace or dismissal during vacation, as well as to deprive him of vacation benefits. This point is clearly explained in Article 114 of the Labor Code of the Russian Federation.

Note! There is some nuance. The right to leave is available only to those persons who are officially registered with the company, that is, with the conclusion of an employment contract, a mark in the work book and other norms provided for by Russian legislation, and nothing else.

Agency and civil law contracts do not establish employment relationships and therefore do not guarantee the provision of leave. These types of contracts should not be confused with an employment contract. In exceptional cases, agency and civil law contracts may be recognized as employment contracts. Accordingly, in this case they will have all the guarantees that are provided for employees of the Labor Code of the Russian Federation.

Do I need to notify the employee about the start of vacation?

The employee should be notified of the start date of the vacation two weeks in advance, according to the dates specified in the vacation schedule. The notice is sent in writing and contains the start and end dates of the vacation. Providing notification is mandatory, and failure to do so will result in the employer facing fines. The employee must familiarize himself with this notice against signature.

However, not every case of leave requires notification to the employee. For example, if an employee was hired this year, then it is not impossible to include him in the vacation schedule approved last year. In this case, no notice is sent to the employee, and the employee himself writes an application for leave. One thing remains unchanged, a vacation order is drawn up in both cases.

Vacation registration procedure

If an employee writes a leave application, the manager must confirm it. After this, an order is issued (form T-6), which indicates the duration of the vacation, as well as the personal data of the employee. In addition, vacation entries are entered into the employee’s personal card and working time sheet.

The procedure for applying for vacation will depend on whether the employee’s rest is included in the vacation schedule or not:

Denial of leave

The employer may refuse to provide leave in the very month when the employee wants it. In this case, he may refer to the fact that there are no substitutes, or to production necessity. The employer has the right to offer him an alternative start date for the vacation, which will be included in the employee’s working year. In this case, labor laws are not violated, since the employee’s right to compulsory leave, granted annually, is respected. It is possible to postpone the vacation to the next year and thereby deprive the employee of this right only with his consent. This will be justified only in special situations for the organization, when the forces of all employees are required (124 Labor Code of the Russian Federation).

If this need arises, the employee should be notified about this. This must be done tactfully, with justification of the reasons that interfere with the employee’s intention to rest. Otherwise, the employee will have the right to file a complaint against the employer with the State Labor Inspectorate.

Important! The employee must exercise his right to vacation within a year. And the responsibility of the manager is to control the use of this right. If the year is already ending and the employee has not gone on vacation, the employer sends him on vacation. Otherwise, responsibility for unused vacation falls on the shoulders of the employer.