The specifics of calculating vacation days are determined by the current labor legislation of the Russian Federation. Holidays are calculated in calendar days, their duration is not limited by the maximum limit, however, the calculation of the length of service for assigning a vacation is carried out according to special rules.
All employees have the right to use annual leave, additional paid leaves, but organizations often make various mistakes and violations when calculating their duration. Employees, on the other hand, cannot prevent the violation of their own rights, since they do not have the necessary knowledge. So, the Labor Code of the Russian Federation determines that the duration of vacations is calculated in calendar days and does not have a maximum limit. If the employee has the right to additional vacations (for example, for work with irregular working hours, for other reasons), their duration should be summed up with the main annual leave. This means that the organization is obliged to provide the employee with all the holidays to which he is entitled, without any offsets or exceptions.
Other features of calculating vacations
Since the duration of the vacation is calculated in calendar days, the employee's days off are included in the vacation and are considered part of it. However, this does not apply to non-working holidays, which should be excluded from the total calendar days of vacation. In other words, if the vacation falls on a statutory holiday or several days, the said vacation must be extended by the corresponding number of days. Holidays include not only those dates that are established by the Labor Code of the Russian Federation, but also certain religious holidays, equated to state ones in some constituent entities of the Russian Federation.
Features of calculating the length of service for vacation
The calculation of the length of service, which gives the employee the right to use the next vacation, is also different in a certain way. So, the specified length of service includes not only the time of actual work, but also periods of preservation of average earnings (holidays, as well as weekends, holidays, temporary disability), the time of forced absenteeism, which was allowed when an employee was illegally dismissed. If the employee has not passed the mandatory medical examination through no fault of his own, then the period of his suspension is also included in this length of service. Finally, it also includes unpaid leave, the total duration of which should not exceed 14 calendar days annually. At the same time, one should not count on the inclusion in the seniority for leave of time during which the employee was absent from work for unjustified reasons, periods of suspension due to the fault of the employee himself, parental leave.
