Calculation of vacation if it falls on holidays

Legislative regulation

The Labor Code of the Russian Federation clearly states whether holidays are included in vacation or not and whether they are paid, and whether it is even possible to take vacation on holidays.

An employee planning to go on vacation must find out whether there will be any days officially recognized as holidays during this period. If there are any, it should be taken into account that they are not included in the general vacation . But you shouldn’t expect payment during this time. All this is described in detail in Russian Labor legislation, namely in Article 120.

The official list of holidays can be seen in Article 112 of the Labor Code of the Russian Federation. At the same time, Russian legislation states that individual constituent entities of the Russian Federation have the right to establish additional holidays. Most often these are religious events.

This right is given to subjects by Federal legislation. You can read about this in detail in 125-FZ in article 4, paragraph 7.

Russian Labor legislation also contains information on how days off are taken into account and paid. This issue is regulated by Article 120 of the Labor Code.

It says here that weekends are necessarily included in the general vacation period . Accordingly, they must be paid correctly.

How can weekends and holidays affect the duration of vacation?

Saturday and Sunday

The employee’s vacation, one way or another, will coincide with several days off. Since these days are calendar days, they are also included in vacation. Therefore, such a coincidence will not affect the duration of the vacation in any way.

Official holidays

If an employee’s vacation falls on a holiday that is officially recognized as a day off, the duration of the vacation increases accordingly.
It is worth noting that regional holidays do not affect the duration of the vacation.

Rescheduled weekend

Sometimes holidays fall on a day off - Saturday or Sunday. In this case, the holiday is usually moved to Monday or another weekday. Such a non-working day will not affect the duration of the vacation.

Holidays

There are a lot of holidays celebrated on the territory of the Russian Federation. However, some regions have their own important events that are recognized as official holidays .

In general, the country notes:

1. New Year's holidays , where the number of days may change every year, but most often from January 1 to January 8, employed citizens officially rest.
2. On January 7th, Russians celebrate the Nativity of Christ .
3. On February 23, all men receive gifts, since this day is Defenders of the Fatherland Day .
4. On March 8, the country celebrates International Women's Day .
5. Next come the May holidays . This is the 1st - Labor Day, and also May 9th - Victory Day.
6. The official holiday is June 12th. This is Russia Day .
7. This is followed by a long break, after which Russians celebrate National Unity Day . This holiday falls on November 4th.

Do not forget that these are not all possible official holidays. Additional days depend on the region in which the person works.

It is always necessary to check the production calendar, which must be present at every enterprise.

Types of vacations

There are basic annual paid leaves and additional ones. The employee also has the opportunity to take leave at his own expense in addition to the basic paid leave. Let's look at them in more detail.

Basic paid leave

According to the Labor Code of the Russian Federation, the duration of this type of leave is 28 calendar days. This is the minimum number of days for official rest. Also, one part of the vacation must be continuous and at least 14 calendar days. However, an exception is made for professions for which the scheme for calculating rest time is based on working days, including seasonal workers and judges.

Additional paid leave

Certain categories of citizens have the right to count on additional days of vacation. These include:

• Doctors of science and scientific workers;
• Teachers;
• Citizens working with chemical weapons and chemical production;
• Doctors and medical personnel working with HIV-infected people and HIV-infected materials;
• Workers in hazardous work and production;
• Employees of government agencies, civil servants;
• Minor workers if they take a leave of absence for 31 days;
• Disabled people and people with physical disabilities.

Do holidays count as vacation?

This question interests many workers who are planning to go on vacation during a period when there are many holidays. These primarily include the New Year holidays, as well as the May holidays, when it is practiced to postpone weekends to get more free days in a row.

By law, holidays during vacation are not counted towards the vacation period . As for weekends, they are considered and paid like regular working days. This is stated in Article 120 of the country’s Labor legislation.

Working people should take into account that if a holiday falls on an official day off , that is, Saturday or Sunday, this day is transferred to Monday or any other working day determined by the government.

This rule applies, among other things, to regional as well as religious events. Here the issue of postponing the weekend is decided by local leaders . At the same time, they must use the Recommendations of Rostrud dated June 2, 2014.

It should be noted that the government often chooses not the next Monday to postpone the weekend, but another more convenient day.

Thus, it is possible to combine several holidays and weekends to get a longer period of rest .

The government of the country issues a resolution annually. This will be the main document in which you can clarify the number of holidays and additional days off. Based on this document, a production calendar must be drawn up, which is then used to calculate vacation and payments for this period.

Russian legislation states that holidays are not considered vacation days and are not subject to additional pay . Thus, if there is a holiday during the vacation period, you can safely add another day to the allotted period.

Most of all, in this regard, those who have a vacation during the New Year holidays should rejoice. Every year their duration changes, but there are always enough days for a full-fledged celebration and relaxation. If an employee’s vacation coincides with the New Year holidays, he can safely add another 8 days to the allotted period .

Sample order for leave with holidays:

Question

Source

An employee's February vacation includes a holiday - February 23. In 2022, this day falls on a Saturday, so the day off is moved to May 10, Friday. Do I need to extend my employee's vacation in February by 1 day? How to calculate the number of vacation days in this case?

Reply from 02/15/2019:

As a general rule, the duration of paid leave is calculated in calendar days. At the same time, non-working holidays falling during the period of such a vacation are not included in the number of its calendar days (Part 1 of Article 120 of the Labor Code of the Russian Federation), but weekends are taken into account when determining the duration of the vacation (Article 115 of the Labor Code of the Russian Federation).

Non-working holidays also include February 23 – Defender of the Fatherland Day (Article 112 of the Labor Code of the Russian Federation). If a holiday and a weekend coincide, the day off is postponed to another time; it is taken into account when calculating the number of vacation days (Section 2 of the Rostrud Recommendations, approved by Protocol No. 1 dated 06/02/2014).

Decree of the Government of the Russian Federation dated October 1, 2018 No. 1163 approved the transfer of days off in 2022. Thus, the day off from Saturday (February 23) is moved to Friday, May 10. It turns out that the holiday on February 23, 2022 is not included in the number of vacation days, but the day off on May 10, 2022 is included.

When granting leave, you need to pay attention to how the employee’s application is formulated. If the employee wrote in the application:

“I ask for leave from February 18, 2019 for 7 calendar days,” then he must return to work on February 26.

In this case, the vacation is extended to the non-working holiday of February 23, which the employee is not paid.

But if the employee indicated a specific vacation period in the application:

“I ask for leave from 02/18/2019 to 02/24/2019,” then the leave will not be extended.

Accordingly, the employee must return to work on February 25. In this case, instead of 7 days of vacation, the employee will actually have 6 days, and the employee will not be paid for the February 23 holiday.

Calculation example

to write specific days in a vacation application . At the same time, it is possible that a holiday will fall during the vacation. Here it is important to understand whether vacation increases in the presence of holidays.

For example, if the application indicated that the employee wants to go on vacation on June 1 and return to work on the 14th, then Russia Day will fall within this period. Thus, the vacation is extended by one more day , therefore the employee can safely begin work only on the 15th, and even then, provided that it does not fall on a Saturday.

If, in this case, the employee wants to go to work exactly on the 14th, as indicated in the application, then only 13 days . Most often this happens when specific dates are indicated in the application. It’s another matter when an employee writes only the duration of vacation pay in the document.

For example, if the application states that a person asks to be given leave for two weeks from June 1 , then he can go to work on 15. To get rid of confusion, this option is liked by personnel department employees and accountants.

Accordingly, employees' vacation never begins on a holiday , since this period is not counted toward vacation pay.

Even if the application indicates that the employee is asking to be given leave from March 8, the official countdown of days will only start from 9.

The only exceptions to all these rules will be those workers who work in shifts. We are talking about security guards, cash collectors, sellers, cashiers, etc. For them, it does not matter whether it is a holiday or a day off, since the schedule provides for a completely different calculation of working time and its payment.

Accordingly, shift workers must return from vacation on the day indicated in the work schedule.

Watch the video about whether it is profitable to take a vacation with holidays :

Example of calculating vacation days

So, we have decided that vacation includes days off, which must also be paid. And holidays are not paid, and the number of holidays is extended.

Here's an example of a calculation:

Employee Arefiev A.O. took his allotted 28 days of rest. He entered the required vacation dates into the vacation period schedule in advance. The beginning fell on December 26. We will determine how many days he will be paid. And also what date he should be at work.

1. We calculate the total duration of rest to determine what date the employee is required to report to the workplace.

Beginning December 26, 2017.

The total amount of vacation period is 28 days.

If there were no holidays at the specified time, the employee would have been required to leave on January 23, 2018. But the vacation covered 8 days of legal public holidays, so you only need to go out on January 31, 2018.

1. But vacation compensation will be calculated only for 28 days, since according to the law, New Year holidays should not be paid.

28 * average daily wage = compensation for the next annual vacation.

The average daily salary is calculated for the last 12 months worked. All earned income is taken, excluding some targeted one-time payments, divided by 12, and the resulting figure is divided by another 29.3. 29.3 is the average number of days in a month. The amount received will be considered the average daily salary of a particular employee.

Payment

Article 115 of the country's labor legislation states that every working person is entitled to 28 calendar days of vacation every year . This is the minimum that the employer must pay.

At the same time, Russian laws also state that holidays should not be included in the vacation period. Thus, they are not paid in any way . The employee’s vacation period is simply extended.

It should be understood that when calculating vacation pay, several indicators are taken into account, including the so-called “ cost of the month .” This figure is different for almost every month.

January is considered the most expensive, since there are many holidays, but wages remain the same, so each working day will cost more than in March or April. In addition, the duration of the vacation and many other nuances .

If an employee does not know how to calculate his vacation pay for a specific period, he should contact the HR department or the company’s accounting department.

How to calculate vacation pay in 2022: legislative regulation

According to Art. 114 of the Labor Code of the Russian Federation, while on vacation the employee retains his average earnings. The procedure for calculating the amount of average earnings is determined by the provisions of Art. 139 of the Labor Code of the Russian Federation, as well as the Decree of the Government of the Russian Federation “On the specifics of the procedure for calculating average wages” dated December 24, 2007 No. 922.

To calculate the amount of vacation pay in 2022, you need to determine:

• The number of vacation days earned by the employee.
• The average cost of one working day (average daily earnings).

How to book a vacation

Weekend leave is processed in the same way as any other. The employee writes a statement addressed to the manager, indicating:

• vacation start date;
• its duration in accordance with the vacation schedule.

The day you go back to work is calculated as usual: by the number of calendar days, with the exception of those that fall on holidays. If this happens, the vacation is extended for an appropriate period (usually 1 day).

Based on the application, an order is issued, and the accounting department calculates wages. At the same time, the accountant must remember that vacation pay in this case should be transferred earlier. Marks are also entered into the employee’s time sheet and personal card.

Holidays only on weekends

Sometimes an employer, for some reason, refuses to provide a person with leave. For example, the company has a staff shortage, and the departure of an employee will negatively affect the work process. Some employers offer to write a vacation application only for weekends (Saturday and Sunday, or those days that are scheduled weekends).

Despite the fact that the employee receives payment for these days, such an action violates the employee’s rights to rest. Since in accordance with Art. 107 of the Labor Code of the Russian Federation, vacation and weekly continuous rest (weekends) are different types of rest, then their regular combination actually lengthens the working hours of employees throughout the year and does not allow them to fully rest.

Expert commentary

Gorbunova Olga

Lawyer

This contradiction is indicated in the letter of the Ministry of Labor dated December 7, 2018, which reads: “The Code does not establish a prohibition on granting leave to an employee if the start of the leave falls on a weekend and (or) a non-working holiday. At the same time, providing annual paid leave exclusively on weekends will not comply with the requirements of the Labor legislation of the Russian Federation.”

Despite the fact that the letters of the Ministries are of an explanatory nature and are not officially normative acts, it is recommended to adhere to them. The current practice is such that the information contained there becomes instructions for the application or interpretation of certain legal norms. Therefore, despite the fact that in the Labor Code itself there are no direct prohibitions on vacations only on weekends, from December 2022 this practice is considered illegal.

At the same time, the wording in the Letter can be understood in two ways. It can be interpreted in such a way that we are talking only about the constant practice of providing regular leave exclusively on weekends. Therefore, it can be assumed that a one-time incident will not be regarded as a violation. However, if possible, it is better for the HR officer to play it safe and not take out vacations only for weekends. If there is such a need, it is recommended to add at least one working day to them (Friday or Monday with a five-day working week or in accordance with the schedule). In this case, there will be no formal violation of the Letter of the Ministry of Labor, since the employee rests at least one working day and his rights are not infringed.

Important! If during an audit it is discovered that an employee’s vacation is provided exclusively on weekends, this approach may be regarded as a hidden payment of compensation for unused vacation. In this case, the employer faces a fine.

In accordance with Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation for a primary violation a warning or fine is possible:

According to Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, repeated violation leads to increased fines and disqualification for a period of one to three years: