How to check if your rights are being respected when granting annual paid leave? Start by calculating the length of your paid vacation. This will help you take the longest vacation possible or get compensated for any unused vacation days.
The total duration of the annual paid leave consists of the main and additional leave. Your task in this step is to determine the length of the main part of the vacation.
According to the Labor Code of the Russian Federation, the duration of the main annual paid leave is 28 calendar days. Incomplete or irregular working hours do not affect this number. The exception in this case is made by employees under the age of 18 and teaching staff in educational institutions. The main paid leave for employees under the age of 18 is 31 calendar days. The duration of the main paid leave for teachers is established by the Government of the Russian Federation and depends on the level of education and position of the employee (from 42 days to 56 days).
After you have determined the duration of the main vacation, proceed to the additional one.
You are entitled to additional leave if:
1) you are employed in work with harmful and (or) dangerous working conditions;
2) you have a special nature of work;
3) you work in the Far North and equivalent areas;
4) you have irregular working hours.
In the first three cases, the duration of the additional vacation is established by the Government of the Russian Federation.
In case of irregular working hours, the duration of additional leave is determined by the collective agreement or internal labor regulations. Please note that in this case, the additional vacation cannot be less than three calendar days.
Determine the period for which you want to count the vacation.
According to the Letter of the Federal Service for Labor and Employment dated 01.03.2007 No. 473-6-0, annual paid leave is granted not for a calendar year, but for the so-called working year. The working year does not include the time of parental leave until the child reaches the legal age and the time an employee is absent from work without good reason.
For example, your working year started on 02/01/2009, you were on parental leave from 04/01/2009 to 11/30/2010. To count the working year, you need to exclude the parental leave period. 2 months have passed before parental leave, and another 10 months must be counted from 12/01/2010 (the moment of going to work after parental leave). This means that you have the right to realize the calculated duration of your vacation in the period from 02/01/2009 to 09/30/2011.
Therefore, if you need to calculate the length of vacation not for the entire working year, then calculate how many months from the working year you will take into account.
After you have determined the vacation calculation period and the duration of the main and additional vacations, calculate the number of vacation days using the formula: (duration of the main vacation + duration of additional vacation) * vacation calculation period / 12 months.
For example, let's say you work irregular working hours and want to calculate the vacation for 9 months of continuous work experience in order to receive compensation for the unused vacation. The collective agreement of your organization stipulates that the additional paid leave is 3 calendar days. It turns out that your vacation is (28 days + 3 days) * 9 months / 12 months = 26 calendar days.