How to correctly calculate the number of vacation days?

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.

Billing period

This is 12 calendar months before the vacation. It depends on when the employee’s vacation actually begins. It does not matter for what period (working year) it was provided. If the employee has not yet worked 12 months, then the billing period is the time during which he is employed by you.

If an employee takes vacation from May 14, 2022, then the calculation period is from May 1, 2022 to April 30, 2022.

If the entire billing period falls on maternity leave or parental leave, replace it with the previous 12 months. If the billing period falls partly on maternity leave, do not change anything.

The number of days worked in the billing period is all working days, weekends and holidays while the employee was under an employment contract. Exclude business trips, vacations, sick leave or absences from work for other reasons.

The number of days in a month that is fully worked is always the same - 29.3.

Calculate the days in an incompletely worked month using the formula:

Number of days worked in a month / Number of calendar days in a month x 29.3.

Even weekends and holidays are considered days worked. Only discount those that fall during exclusion periods.

Example:
Dasha is going on vacation on May 12, 2022. During the billing period from May 1 to April 30, there were exception periods:

• business trip - from June 6 to June 11,
• annual paid leave - from August 14 to August 25.

Dasha worked completely for 10 months. Number of days = 29.3 x 10 = 293 days.

Let's count the number of days in June and August that Dasha did not work fully.

• In June = 24/30 x 29.3 = 23.44
• In August = 19/31 x 29.3 = 17.96

Days worked during the billing period: 293 + 23.44 + 17.96 = 334.4

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:

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.

Calculation of the number of vacation days

So. The formula for calculating vacation days includes the following data:

• the maximum number of vacation days to which an employee is entitled (set by the administration of the enterprise, but cannot be less than 28 days required by law)
• vacation period in months (number of days worked between vacations)

During the working period

In general, the formula for calculating vacation days looks like this:

maximum vacation days/12*vacation period

Also Art. 120 of the Labor Code of the Russian Federation states that non-working holidays that fall on your vacation are not included in the total number of calendar vacation days.

Example.:

Employee S. has been working at the company since January 23, 2015 and took leave from April 22, 2016. A total of 15 working months. The maximum period of vacation days at the enterprise, according to the collective agreement, is calculated at 40 days. 40/12*15=50 (49.99...). S. decides to take his allotted vacation in parts and takes 20 days of vacation (the minimum vacation period, according to the Labor Code, is calculated as 14 vacation days). These 20 days include holidays such as May Day and Victory Day. In connection with this, the state has established days off on the first, second and ninth of May. It turns out that S. should go to work not on May 12 - the expiration date of 20 calendar days from the first day of vacation - but on May 15, taking into account three non-working holidays.

Clause 2 of Rostrud’s letter No. 5277-6-1 dated December 24, 2007 excludes the accrual of vacation days in proportion to time worked. This means that after 6 months of continuous work, the employee must be given the opportunity to take the annual leave prescribed by the state (28 days).

After dismissal

A different situation arises when it comes to calculating compensation after dismissal.

In general, the number of vacation days for this calculation is calculated by multiplying each month worked by 2.33 (taking into account the provision that the number of vacation days cannot be less than 28). The days when the employee was on vacation, if any, are deducted from the amount received.

The final formula looks like this:

vacation experience*2.33 minus the number of vacation days used

An illustrative example:

The minor employee worked from June 21 to December 20. During this time, he used 14 days of leave for minors. To calculate the amount of vacation pay, we use the formula: 6*2.33-14=0. That is, the employee has used all his vacation days and has no right to claim vacation pay.

Many teachers are concerned about the question of how to calculate vacation pay for a teacher. Are you about to quit and have unused vacation days? You will learn how to write a statement correctly in this case from our article. You can read about the procedure for calculating bonuses to employees here.

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:

1. Determine the total duration of the employee’s work in the organization.
2. Establish periods that allow you to rest - they are listed in Art. 121 Labor Code of the Russian Federation.
3. 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.

Examples of calculating unused vacation

#1. If the employee was on leave without pay

According to the Labor Code of the Russian Federation, only 14 days of vacation without pay are included in the length of service. Ivanov rested for 20 days without pay, which means 6 days will need to be excluded from his length of service. There is no need to exclude the time of the main vacation from the length of service.

1. Calculation of vacation experience

Vacation experience must be counted from 08/10/2011 to 04/22/2013.

From 08/10/2011 to 08/09/2012, 12 full months were worked.

From 08/10/2012 to 04/22/2013, 8 months and 12 days were worked.

We exclude 6 days of vacation without pay.

Total experience = 12 months. + 8 months 12 days - 6 days = 20 months. 6 days.

We do not take into account 6 days, since less than half of the month was worked. This means that the final vacation period is 20 months.

2. Formula for calculating days of unused vacation

Now we need to calculate how many vacation days Ivanov has left after 20 months of service.

Unused vacation days = 28 / 12 * 20 - 28 = 18.67 days.

#2. If the employee was on maternity leave

1. Calculation of vacation experience

The length of service will be calculated from 03/01/2010 to 04/21/2013.

Parental leave should be excluded from the length of service giving the right to leave.

In total, in the period from 03/01/2010 to 04/21/2013 - 37 months and 21 days.

We exclude the period from 10/10/2010 to 06/20/2012, that is, 19 months and 10 days.

Total vacation period = 18 months and 11 days. We do not take into account 11 days, we get 18 full months of experience.

2. Unused vacation days. Calculation formula

28 / 12 * 18 = 42 days of vacation are due to Petrova.

#3. If an employee quits without working for 11 months

Vacation period: from 08/01/2012 to 03/31/2013 is a full 8 months, plus 7 days in July and 22 days in April, a total of 8 months 29 days, rounded up to 9 full months. Sick leave days do not need to be excluded from the length of service.

Vacation days = 28 / 12 * 9 = 21 days.

#4. Calculation of unused vacation days upon dismissal

In this case, at the end of the vacation, it is necessary to make a settlement with the employee, including paying compensation for unused vacation. Here you need to remember that the period when the employee was on his last vacation before dismissal must also be included in the vacation period, since the main vacation time is included in the length of service giving the right to paid vacation.

The article discusses the main points regarding the vacation period and the calculation of days of unused vacation. If you still have any questions regarding this topic, you can ask them below.

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.

How to calculate how many vacation days your employee is entitled to - with illustrative examples

How this article will help:

We will tell you how to calculate the number of unused rest days even in the most tricky cases.

What it will protect you from:

You can avoid common mistakes when calculating vacation days that your employee did not take off.
Therefore, calculating compensation for unused vacation will also not cause problems. An employee earns the right to full-time leave after 11 months of work in a given company.
Of course, he can take his leave earlier, having worked for the company for six months or even less. But then part of the vacation will be used, as they say, in advance. But in order to determine exactly how many days of rest an employee has earned, you need to consider his vacation period. It’s good when it includes all the time that the employee worked in the company. How to make your work easier

All subscribers of our magazine can quickly and without errors calculate the number of days for which an employee is entitled to compensation for unused vacation using the “Error-Free Salary Calculator”, which is posted on our website.

How this article will help:

You will learn when and how you can discuss the mistakes of your subordinates, and whether you should criticize your boss. This service is available for the entire subscription period.
Difficulties with calculating vacation days that an employee is entitled to arise if he has taken vacations at his own expense.
Or the employee was babysitting. In addition, there are cases when, even without working the full 11 months, an employee receives the right to the entire annual leave. How not to make a mistake when determining how many days of legal rest your employee has left? Let's consider all the basic calculation rules.

What periods are included in the vacation experience?

As you probably already know well, the working year begins not on January 1, but on the day of employment. For example, if your employee started working on November 9, 2011, their first work year will end on November 8, 2012. A working year is precisely the length of service for which an employee is entitled to vacation. In most cases this is 28 calendar days.

If your

All recommendations given in this article are relevant both for companies using the general regime and for those using a simplified system.
The periods that must be included in the length of service giving the right to leave are listed in Article 121 of the Labor Code of the Russian Federation (see table below).
Let's look at some of them in more detail. Which periods are taken into account in the vacation period and which are not?

Time of illness, as well as previous vacations
When calculating the vacation period, it is necessary to take into account all periods of incapacity for work. And also the time when a person rested. Let’s say an employee of JSC “Rechnik” S.D. Makarov got a job on March 4, 2011, and quit on November 9, 2011. In April he was sick for 12 calendar days, and in September he was on annual leave for 14 days. In this case, to calculate vacation time, it is necessary to take into account both sickness and vacation time.

Leave without pay

Among other things, the length of service takes into account vacations at one’s own expense, not exceeding 14 calendar days in a working year. All those days that the employee took time off without pay in excess of this limit are not included in the length of service. This rule also applies in cases where the working year has not been fully worked out. In other words, an employee who has worked for the company for six months has the opportunity to take the same 14 days at his own expense without losing any vacation time. Let’s take the same employee of JSC “Rechnik” Makarov. But suppose that in September he was on vacation for two weeks at his own expense. This will not affect the calculation of vacation time upon dismissal. You need to take into account all 14 days of vacation at your own expense, despite the fact that Makarov did not work the entire working year.

Maternity and child care leave

The time spent on maternity leave is included in the total length of service, which gives the right to leave. But the period when the employee was on maternity leave is excluded from the calculation (paragraph 9 of article 121 of the Labor Code of the Russian Federation).

Carefully!

The period of time when the employee was on maternity leave is excluded from the calculation of the vacation period.

Example 1:
How to take into account the time of “children’s” vacations in the vacation record
M. V. Morozova got a job at Sapphire LLC on March 2, 2009. From June 8 to October 25, 2009, she was on maternity leave. Since October 26, 2009 - on parental leave for up to one and a half years. Resigns voluntarily on October 3, 2011.

In this case, only the period from March 2 to October 25, 2009 should be included in the vacation experience.

But if an employee, while on maternity leave, works part-time, the period of such work is included in her leave period. The fact is that working under such conditions does not in any way limit either the duration of annual leave or length of service. This is stipulated in Article 93 of the Labor Code of the Russian Federation.

What is the formula for determining the number of days of unused vacation?

To calculate the number of unused calendar days of vacation for which compensation is due, use the following formula:

Duration of full annual leave: 12 months X Number of full months worked - Number of vacation days used = Number of unused calendar days of vacation

In this case, a period equal to or greater than half a month is taken as a full month worked. Surpluses amounting to less than half a month are excluded from the calculation. This procedure is prescribed in paragraph 35 of the Rules on regular and additional leaves, approved by the People's Commissar of the USSR on April 30, 1930 No. 169 (hereinafter referred to as the Rules).

Example 2: Calculation of days of unused vacation upon dismissal of an employee during the first year of work

P. I. Voronov was hired by Polymer LLC on February 2, 2011. From May 6 to June 7 inclusive, he was on leave without pay, and on November 15 he resigned. Annual paid leave in the company is standard 28 calendar days.

The period from February 2 to May 1 inclusive—that’s three full months—was fully worked by the employee. He also fully worked the period from June 8 to November 7, that is, another five months. There are still 8 days left in November and 4 days in May. Plus, you need to include 14 days of vacation at your own expense in the calculation. The total is 26 days, which are rounded up to one full month.

Thus, the employee is entitled to compensation for 9 months or 21 days (28 days: 12 months 9 months).

However, often the calculation does not result in an integer number of days. However, there are no official rounding rules here. Therefore, traditionally the calculated total value is taken with two decimal places. Let us emphasize - exactly the final one. The fact is that we do not recommend rounding to two digits the number of vacation days an employee is entitled to in one month, namely using 2.33 days (28 days: 12 months) in the calculation. This leads to unjustified distortions if the employee is entitled to compensation for more than one month.

If the company’s management decides to round the number of days to whole units, then this should be done not according to the rules of arithmetic, but upward. That is, it is impossible to pay compensation for, say, not 9.33 days, but 9 days. If we round up, then up to 10 days. Confirmation of this is the letter of the Ministry of Health and Social Development of Russia dated December 7, 2005 No. 4334-17.

What kind of vacation is entitled to an employee who has worked for at least 10.5 months?

It happens that an employee had worked for the company for 11 months or a little more at the time of dismissal. Nevertheless, he is entitled to full leave (clause 28 of the Rules). Of course, if he never took advantage of his right to rest.

But what happens when an employee is fired after working, say, 10 months and 18 days? Or one (two, three, etc.) year 10 months and 18 days? What compensation is he entitled to for his last working year? Also full. After all, paragraph 35 of the Rules states that surpluses amounting to at least half a month are rounded up. This means that in our case we get the same 11 months.

Important detail

An employee who worked at least 10.5 months in the last working year is entitled to full vacation.

Example 3: Calculation of unused vacation days if the employee worked 10.5 months in the last working year

N.P. Severov got a job at Volna LLC on February 1, 2010, and quit on December 15, 2011. Vacation in the company is 28 calendar days. During his work in the company, Severov used 42 days. He had no periods excluded from his vacation experience.

The first working year is from February 1, 2010 to January 31, 2011. For this, the employee is entitled to 28 days of vacation. The second working year is from February 1 to December 15, 2011 (dismissal date). This is 10 months and 15 days. This figure is rounded up to 11 months. This means that the employee is entitled to compensation for a full working year.

Thus, the employee is entitled to compensation for 14 calendar days (28 days 2 – 42 days).
How to calculate unused rest days if an employee took a vacation with subsequent dismissal
Now consider this situation. Let's assume that at the time of dismissal the employee has worked a full year and has 28 unused calendar days of annual leave. He writes a request for leave with subsequent dismissal, and the company satisfies this request. So, in this case, do not forget to pay the employee compensation for those 2.33 days of vacation that will be accumulated over the last 28 days. That is, during vacation. After all, let us remind you that these days are included in the vacation period on a general basis, and the date of dismissal in this case is recognized as the last day of vacation.

The main thing to remember

1. The time of past paid vacations, as well as periods of illness, regardless of their duration, are included in the vacation record.

2. An employee who has worked at least 10.5 months in a working year is entitled to full leave.

3. You can include no more than 14 days of vacation at your own expense for each working year in your vacation experience.

The article was published in the magazine “Glavbukh” No. 23, 2011

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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.

FAQ

Is leave given after childbirth?

Many people are interested in whether leave after maternity leave is required - sick leave for pregnancy and childbirth - and on what basis they require additional days of rest. According to Art. 260 of the Labor Code of the Russian Federation, a new mother has the right to go on vacation for the days worked before maternity leave and for the days she was on sick leave.

How many days to ask for after pregnancy and childbirth

If the maternity leave lasted 140 or 156 days, which is five full months of work, the employee is required to provide 11.65 paid days upon application. If the pregnancy is multiple and the sick leave was extended to 194 days, the woman has 13.98 days of paid leave. If an employee has unpaid leave after maternity leave, she has the right to ask for unused and accumulated sick days at the same time or at different times.

Does the calculation include time spent caring for a newborn?

In Art. 121 of the Labor Code states that the time of caring for a newborn is not included in the length of service giving the right to annual paid rest. But this rule, which regulates how to calculate the vacation period after parental leave, does not apply to cases where the employee continues to work part-time. Going to work full-time excludes a woman from receiving benefits in connection with child care, but if a young mother works only part-time, she simultaneously receives child benefits, a salary for the half-time hours worked, and days of rest.

What periods to take into account

The algorithm for determining which billing period to take to calculate leave after maternity leave depends on whether the woman continued to work while caring for the newborn.

If the woman caring for the baby continued to work part-time, this time is counted towards the length of service to obtain the right to rest. Let’s say citizen Ivanova got a job on August 1, 2017. From October 1, 2022, she went on maternity leave and stayed on it for the standard 140 calendar days until February 17, 2022, inclusive, after which she filed for a sick leave and went to work part-time. On August 18, 2022, citizen Ivanova stopped receiving OPUD and went back to work full time. The total length of service for paid leave is:

• August and September 2022, which Ivanova worked (2 months);
• from October 2022 to February 2022 - sick leave for pregnancy and childbirth (5 months);
• February 2022 - August 2022, when Ivanova, while in OUCH, continued to work (30 months).

With the standard duration of annual paid rest equal to 28 days, for each month of service the employee is entitled to 2.33 days. This means that Ivanova earned 2.33 * 37 = 86.21 days over the entire period. She could not use them while caring for a newborn, since labor legislation does not provide for the possibility of simultaneously exercising the right to both release from work in connection with child care and annual paid rest. This conclusion was reached by the Plenum of the RF Armed Forces in its Resolution No. 1 of January 28, 2014.

If the employee did not work during SUD, then only sick leave for pregnancy and childbirth is taken into account. In order to calculate the period of maternity leave in such a situation, you will only need a certificate of incapacity for work, which indicates the required period. If we return to the situation of citizen Ivanova, then in the calculation we use:

• the time that Ivanova actually worked before her maternity leave was two months—August and September 2017;
• the maternity leave period from October 2022 to February 2022 is five months.

The total length of service for paid vacation is 7 months. After the OPUL, the employee will be able to receive 2.33 * 7 = 16.31 days.