Vacations not used by the employee for any reason for the previous years of work do not "burn out". The employer is obliged to calculate and provide the appropriate number of calendar days of vacation or, if the employee agrees, replace some of these days with monetary compensation.
Failure to provide leave for two consecutive years is expressly prohibited by the Labor Code of the Russian Federation; in the presence of such a violation, the employer may be held administratively liable.
Many workers fear that unused leave from previous years of work will not be provided. However, the “burning out” of such vacations is considered a violation of labor legislation on the part of the employer, so he is obliged to provide the employee with all the prescribed vacation days. The only legal option to skip your own vacation during the working year is to postpone it to the next working year. Moreover, such a transfer is possible only with the consent of the employee himself, and the organization is obliged to pay him this vacation during the next calendar year.
What to do if you miss your vacation?
By agreement with the employer, the employee can go on vacation several times during the working year, until he uses all the prescribed calendar days. In this case, at least one part of the vacation must be 14 days or more.
If the employee agreed to skip his own vacation for the current working year, then you should carefully read the vacation schedule that will be approved for the next year. The specified schedule should provide for the granting of double leave for this employee (it can be divided into parts). For an employee entitled to an annual rest of twenty-eight days, the leave must be fifty-six days for the next working year. If the employer refuses to release the employee for such a period, claiming that his vacation for the previous year has “burned out”, then it makes sense to appeal to the supervisory authorities with a complaint.
How to negotiate with the employer when missing a vacation?
If the employee did not go on vacation for one working year, and the employer cannot release him next year for fifty-six calendar days, then there is an opportunity to agree with the employer. Labor legislation allows partially replacing rest with monetary compensation. In this case, only a part that is more than twenty-eight calendar days can be replaced. In other words, if you miss your own vacation for one year, the employee can agree to replace the transferred vacation and receive additional income. At the same time, vacation for the past time will not “burn out”, but will be converted into money.
