How long after employment is vacation allowed?

When you first started a new job, you couldn't predict how long you'd work. But summer has already arrived, and I want to go on vacation. You’ve only worked for a few months and don’t know if you have the right to go on vacation. Before approaching the employer with such an important question, let’s turn to the law and find out what it says, what amendments and nuances it has.

What is provided by law

According to the law of the Labor Code of the Russian Federation (Article 122), an employee can go on vacation only six months after he has worked continuously at the same enterprise. Despite this, the employer has the right to refuse to allow an employee to go on vacation, if it deems it necessary, justifying its decision. However, during the first working year, he is obliged to provide leave to a subordinate at least once, starting from the first working day when the person got a job.

But there is another side. In the case where it is possible to replace a vacationer with another colleague, then by agreement with your superiors you can go on vacation.

When is vacation due at a new job?

The order of granting vacations to staff is determined in accordance with the vacation schedule mandatory for all employers.
The procedure for drawing up this document for the next calendar year is determined by Art. 123 TC – no later than 2 weeks before the end of the current period. What does the Labor Code say about vacation after 6 months? After all, new employees can start working in the organization after the schedule is approved by the manager. In this matter, neither the employer nor the employee is limited in any way. Since retroactive changes to the vacation schedule are usually not made, the newly hired employee will have to write an application for the first vacation.

https://youtu.be/pkLge-lkBmE

You must work for at least 6 months to obtain the employer's consent to the first vacation after starting a job. The duration of such leave is 28 days. Employees of preferential categories can count on vacation without the employer's consent before the expiration of 6 months.

Every employee has the right to count on the first vacation after getting a job with the obligatory preservation of his job and the previous level of salary. For various reasons or circumstances, some employers violate the law, deliberately depriving their employees of such a right.

Although Article 122 of the Labor Code of the Russian Federation gives clear explanations when a worker is entitled to leave and determines the procedure for relations with the employer.

For each month worked, an employee is accrued approximately 2.33 vacation days. This means that continuous work activity over the next 6 months gives the employee the legal right to receive a full 28 days of rest, and not 2 weeks, as vacation is provided in the first year of work by unscrupulous employers.

Just do not confuse it with the terms for paid annual leave, which is legally established for a mandatory period of 14 days (and the remaining days of leave - in parts).

If the month worked is incomplete, monetary compensation is accrued in full, as in the case of receiving leave after 6 months under the Labor Code (if the actual time worked is more than 15 days). If an employee is employed temporarily, and his employment contract with the company expires after 2 months or less, then he is awarded 2 days of rest for each month worked.

Knowing for sure how much work a new employee needs to work to go on vacation, it is not difficult to guess what the employer really risks by agreeing to provide vacation to a new employee.

There is always the possibility that an employee will not return from a full 28-day vacation, having worked only half of the allotted time. This means how many days of the first vacation after 6 months have been worked in the current working year (not to be confused with calendar calculation!). The working year begins its countdown from the first day of employment of an employee at the enterprise, and therefore is not at all tied to the days of the calendar year.

A newcomer must understand that he may not be allowed to go on vacation after six calendar months. The time when it is possible to go on vacation after 6 months of work according to the Labor Code of the Russian Federation is determined no later than the 11th month. Within the framework of the law, it is the 12th month that is considered the onset of paid leave, so it is included in the current working year (even if a new calendar year has already begun).

female employees - before and after going on maternity leave;
employees who are adoptive parents of a child (or children) who are not yet 3 months old;
in other cases when the new job is entitled to leave provided for by law;
minor workers who are under 18 years of age;
veteran employees of retirement age who received the title for conscientious long-term work.

Leave for an employee of a preferential category in subsequent years of work is provided as usual, when you can go on leave according to the law according to the priority schedule established at the enterprise (institution).

The benefit categories of workers listed above can exercise their right upon application in advance, but no later than 2 weeks before the start. To do this, you need to submit a corresponding application for the first vacation to the manager, thereby notifying him of going on vacation.

If legal leave was denied and the violation of labor law is documented, the employer cannot avoid liability. A complaint to the labor inspectorate is filed if the employer was unable to provide leave after 6 months of work.

To obtain the calculated data, you need to divide the total earnings for the time worked by the total number of months worked, and divide the resulting calculation result by a factor of 29.6.

The final amount of vacation pay is determined by multiplying the average daily wage rate by the number of vacation days in the first year of work. All calculations are made taking into account the employee’s average earnings (including basic salary, additional payments and bonuses).

Let us remind you that the accounting department of the accounting department accrues vacation payments only after the manager has signed a handwritten application for vacation after six months of work under the Labor Code of the Russian Federation and the corresponding Order has been issued.

According to Article 136 of the Labor Code, vacation pay is transferred on the day of issue, but no later than 3 days before the start of the employee’s vacation (postponement of payment dates to the next working day must not be allowed!). Payment of vacation compensation to an employee is possible in cash or by bank transfer.

If the terms for calculating monetary compensation for vacation after 6 months according to the Labor Code are violated, the employee has the right to refuse it, independently choosing another time for vacation.

In general, the right to annual, additional and other types of leave for a newly hired employee appears six months after employment (Part 2 of Article 122 of the Labor Code). This period means a continuous period of work in one organization.

Although, to be precise, the Labor Code of the Russian Federation does not prohibit the provision of vacation in the first year of work and until the end of this period. This depends solely on the decision of the manager, the availability of free employees and the production situation.

This day will be calculated from the future vacation and paid at the same time. As for the probationary period, its duration may not be included in the required six-month period. This fact is reflected in the employment contract, which is why it is required to read it carefully before signing.

Schedule

As Art. 123 of the Labor Code, a document defining the procedure for employees to go on vacation in the next calendar year, is drawn up in December of the current year before the 17th. Therefore, persons hired after the schedule was approved and who have worked for the required 6 months have the right to request rest in any of the remaining periods of the working year. Its countdown begins from the month of employment in this organization.

If an employee wants to go on vacation in a month falling in the next calendar year, this is simply recorded in the new schedule. Otherwise, he needs to submit an application addressed to the director. Alternatively, you can draw up an additional vacation schedule, agreed upon with other employees or the chairman of the trade union. The employee is notified of the date of retirement no later than 14 days before it occurs.

We suggest you read: Collective complaint against a manager: how and where to file it

Management may disagree with the employee’s choice and refuse to provide leave to the employee (citing production necessity or lack of replacement). This does not contradict the Labor Code if the alternative proposed by the director concerns a month included in the employee’s working year, since the right to compulsory rest provided once a year will not be violated.

Depriving him of this right, namely, postponing his vacation to the next working year, can only be done with the consent of the employee. This will be justified in critical cases requiring the mobilization of the entire staff (Part 3 of Article 124 of the Labor Code). It is advisable to familiarize the employee with the decision as tactfully as possible, citing specific reasons that impede his intention. So that he does not have a desire to exercise his other right - to contact the State Labor Inspectorate.

Privileges

under eighteen years of age;
those who are about to go on maternity leave or have just returned to their duties after it (Article 260 of the Labor Code, paragraph 20 of Post. No. 1 of the Supreme Court of January 28, 2014);
who have adopted a child under three months of age; whose spouse is on maternity leave (Article 123 of the Labor Code);
in whose upbringing (care) is a minor child with a disability (Article 262.1 of the Labor Code);
mentioned in other federal laws (veterans, spouses of military personnel, part-time workers).

Duration

How much work do you still need to do to be eligible to go on vacation?

Art. 115 states that every officially employed employee is able to rest for 28 days once a year. That is, during the first year, at some point, an employee can take a vacation of 28 calendar days. But is it necessary to work for exactly a year in order to have the right to rest? According to Art. 122 – no, not necessarily (as we discussed above). It must be borne in mind that, subject to continuous work during the first 6 months, management can only let you go to rest, but is not at all obliged to do so. It happens at some enterprises that an employee is released on vacation only after 10 months of work, given that his work experience starts from the moment of his first working day.

Who is entitled to what kind of vacation?

In accordance with Russian legislation, the duration of the annual basic paid leave of an ordinary employee is 28 calendar days. It can be divided into parts, but at least one of these parts must be at least 14 calendar days. Non-working holidays that fall during the period of paid leave are not included in the number of calendar days of vacation, and later you have every right to use them together with the other part of the vacation.

An employee can also count on a vacation of 14 calendar days, but without pay.

Military personnel are entitled to an increased number of vacation days. Their leave is 30–45 days, depending on the length of military service. In addition, annual leave of at least 30 calendar days is provided to disabled people. A disabled person also has the right to take leave for 60 days without pay. It is worth noting that extended leave is granted regardless of whether the employee was disabled during the entire working year for which the holidays are provided.

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Who does not have to wait for the expiration of six months of continuous work experience

There are some categories of employees who can rest much earlier than the established period:

• persons under the age of majority; • women who are pregnant or in the postpartum period; • persons who have adopted one or more children under 3 months of age; • a man whose wife is pregnant or has already given birth; • if this is a parent with a disabled child who has not reached the age of majority; • some other employees, their rights are specified in the Labor Code of the Russian Federation and in regulations.

It follows from this that there is no exact period for working off before vacation.

Right to first leave under labor law

After being hired, a person is entitled to leave after 6 months. The rest can last twenty-eight days. Workers belonging to the preferential category can obtain the right to go on vacation before six months of work. They are allowed to take leave without waiting for a positive response from the administration.

When going on vacation after six months of work, after six months, the worker retains his job and salary.

After each month worked, the employee must receive 2.33 days of vacation. The total after 6 months is 28 days. Some employers ignore the law. In the process of finding out how much leave is due after employment, only 14 days are provided.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

But compulsory annual paid leave lasts for a period of fourteen continuous days; if a month is partially worked, compensation must be accrued in full.

This is important to know: How long are vacation orders stored?

When hiring an employee for a temporary job of up to two months or less, this is the case when a vacation of two days is due for each month of work.

Is it worth it or not to agree with your boss on a vacation without paid vacation pay?

Any employee cannot go on vacation whenever he wants without the approval of his manager, that is, approval of vacation even at his own expense is mandatory.

Some people may take leave if their salary does not continue. These include:

1. Persons who took part in the Great Patriotic War can rest for a maximum of 35 days in one year. 2. Working age pensioners rest for 14 days. 3. Parents and wives of military personnel, employees of bodies controlling the circulation of psychotropic and narcotic substances, fire safety, employees who died due to wounds, mutilation or shell shock that were received during the performance of their military duties, or the cause was a disease that arose during military service – 14 days during the year. 4. Working disabled people – maximum 60 days per year. 5. If an employee has a child, the marriage is registered, the death of loved ones takes up to 5 days. 6. There are other cases that are provided for by the Labor Code of the Russian Federation or the enterprise agreement.

The bill states that part of the vacation can be compensated.

The State Duma is considering a bill that would allow people to receive compensation for days not taken off. This includes civil servants who have the right to rest for at least 28 days, and receive the rest of the vacation in the form of compensation. There is also a provision that during the working year you have the right to use and transfer your vacation days, which must be used, otherwise they will expire.

https://youtu.be/YbT6KQ3yHJA

Duration of the first rest

So, we already know that granting leave after 6 months of work is a completely feasible procedure. How many days are you allowed to take time off in this case? The standard annual vacation from work, paid by the employer and guaranteed by the state, lasts at least 28 days (Article 115 of the Labor Code of the Russian Federation). The Labor Code allows you to divide the first vacation after 6 months: the employee chooses how many days to rest. But only so that one of its parts lasts at least 14 days. Conclusion: after six months of work, a new employee has the right to receive a rest period of two weeks. But it is not forbidden to approve a period that will cover less or more than 14 days. Less - if the employee indicated so in the application, and more - by agreement. The legislation does not prohibit providing the days of paid rest required by law in advance.

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The procedure for calculating vacation pay for the 1st vacation

To obtain the calculated data, you need to divide the total earnings for the time worked by the total number of months worked, and divide the resulting calculation result by a factor of 29.6. The final amount of vacation pay is determined by multiplying the average daily wage rate by the number of vacation days in the first year of work. All calculations are made taking into account the employee’s average earnings (including basic salary, additional payments and bonuses).

A similar formula is also used to calculate the payment of monetary compensation for unused vacation time (in the event of a standard dismissal of an employee or his refusal to take a vacation). When the first leave under the labor code is granted, mandatory tax and pension withholdings are made with the deduction of funds to the relevant government agencies.