An employee of any organization is annually provided with an average of 28 calendar days of paid leave. How to plan a vacation? How can you use it? Is it possible to transfer vacation to another date? Is it possible to receive monetary compensation instead of vacation? We will discuss these and other issues based on Chapter 19 of the Labor Code of the Russian Federation.
Making a vacation is perhaps one of the most pleasant reasons for an employee to contact the HR department.
Usually, vacation planning for the next year begins in November - early December of the current year, when the organization forms a vacation schedule. This document must be approved by order, signed by the management and all employees no later than two weeks before the onset of the calendar year. Accordingly, until this time, the heads of departments agree on the dates of the leave of each employee. Vacation planning is usually a reciprocal process, with the employee and employer trying to find a compromise. Moreover, the employer takes into account many factors: seasonal surges in the volume of work, the number of employees in the department, the specifics of the work, etc. For example, if in one department two specialists share the same functionality and no one is closely familiar with the specifics of their work, then at one time they will not be able to go on vacation - there will simply be no one to replace them. The situation is the same for the manager and his deputy - they can never take a vacation at the same time.
Employees often want to time their annual leave to coincide with holidays. The question arises, are holidays included in the vacation bill? I hasten to please: non-working holidays are not included in the number of vacation days, therefore, if you are planning a vacation that falls on holidays (from 1 to 8 January, 23 February, 8 March, 1 May, 9 May, 12 June, 4 November), you simply do not count them, that is, the vacation is extended by the number of holidays. When planning an annual vacation, I recommend that you carefully study the production calendar for the next year, which is annually approved by the government - it marks both holidays and weekends.
The leave can be divided into parts by agreement between the employee and the employer, but one of the parts of the leave must be at least 14 calendar days. That is, based on the company's policy, the vacation can be scheduled for 28 days or split into parts, but one part must be 14 or more days. It is usually customary to draw up the number of vacation days in multiples of 7, that is, 7, 14, 21, 28. If in a particular company there is a request from an employee to split the vacation into smaller parts, it is resolved individually through the company's personnel policy, based on the Labor Code … Please note that for dividing the vacation into parts, one desire of the employee is not enough - an agreement is required between the employee and the employer about which parts the vacation will be divided into and on what dates it will be used.
The vacation schedule is a mandatory document for both the employer and the employee. How is the vacation schedule adhered to? The HR department of any large company works with this document on a daily basis. No later than two weeks in advance, an employee of the personnel department notifies the employee that he has a vacation planned and offers to write an application for annual leave, get confirmation from the manager and provide it to the personnel department for a vacation. However, in some organizations, leave is issued without a personal statement, but only on the basis of the vacation schedule - this is allowed by the Labor Code. In the event that the vacation will be postponed to another date, an application for the postponement of the vacation and the confirmation of the manager are required. Moreover, the vacation can be extended or postponed for another period, determined by the employer, taking into account the wishes of the employee. Please note that in this case, the decision is made not by the employee, but by the manager, taking into account various production factors.
Dear employees, if you were not warned about the vacation in a timely manner (no later than 2 weeks in advance), or you were not paid on time (no later than 3 days in advance), then you have the right to refuse to rest on these dates - the employer will be obliged to postpone your vacation and agree on a convenient date.
If an employee, while on annual leave, falls ill, then, on the basis of a sick leave, he will be able to either extend the vacation for an appropriate number of days, or postpone these vacation days to another date, again by agreement with the employer.
But if an employee is on vacation, he can be called to work only with his written consent - in this case, he can use the rest of the vacation at his discretion. We add that it is not allowed to recall pregnant women, persons under 18 years of age and workers employed in jobs with harmful and / or dangerous working conditions from vacation.
Sometimes it happens that the volume of work does not allow taking off all the days of the annual vacation. Is it possible to replace vacation with monetary compensation? Unfortunately no. Only part of the vacation that exceeds 28 calendar days (for example, if the employee has additional vacation days due to irregular working hours, due to harmful factors, for disability, or for any other reason) can be replaced with compensation.
What to do if an employee leaves without using the entire vacation? In this case, there are two options to choose from: either the employee receives monetary compensation for unused leave upon dismissal, or an annual leave with subsequent dismissal is issued, where the last day of leave is considered the day of dismissal.
The topic of annual leave is vast and multifaceted. If you have not received an answer to your question, please refer to Chapter 19 of the Labor Code. May your holidays be wonderful!
