Vacation on a holiday is a situation in which the days listed in Article 112 of the Labor Code of the Russian Federation fall within the vacation period. There are especially many such days in May, and citizens, when planning a vacation, expect to extend it due to additional days off allocated by the state. But the closer the May holidays come, the more questions arise. PPT.RU experts have prepared answers to the 10 most common ones.
The government adopted a decree on postponing weekends in such a way that the May holidays in 2020 turn into real vacations: January 4 and 5, which fell on weekends, were moved to May 4 and 5, so everyone rests from the 1st to the 5th. From May 6 to 8, Russians work, and then rest for another three days (9–11.05).
When the decision was made about holidays in 2020, no one expected the coronavirus pandemic. But the situation has changed, and taking into account Presidential Decree No. 239 of 04/02/2020 “On measures to ensure the sanitary and epidemiological well-being of the population on the territory of the Russian Federation in connection with the spread of the new coronavirus infection (COVID-19)”, Russians were given non-working days with continued pay from April 4 to April 30.
Please note that the decree does not apply to a number of continuously operating enterprises, companies that provide the population with necessary food and industrial goods, as well as to workers who, in agreement with management, work remotely. For them, the scheme of working and non-working days at the beginning of the month looks like this (holidays are marked in red, working days are in black, and working days are in blue, but shortened by one hour).
Let's take a closer look at whether vacation is extended if it falls on holidays in 2020, and how these unprecedentedly long weekends affect the duration of the May holidays.
How do holidays extend vacation time?
Let's consider the most common case - when holidays fall within the planned rest period.
Example
Ivanov I.I. wrote a statement:
Please provide me with another paid leave from 05/06/2020 for 7 calendar days.
Victory Day is a holiday, so Ivanov’s vacation is extended by one day. It turns out that he goes to work on 14.05. This means he will rest for eight days. Thus, if holidays include holidays, the holiday is increased by the number of days of the holiday.
IMPORTANT!
The days declared by the President as non-working days from March 28 to April 30 do not in any way affect the vacation period. They are not extending it, and the vacation will end from April 30, 2020, taking into account the weekends established by the Labor Code of the Russian Federation!
Calculation example
A working person has the opportunity to write specific days in his vacation application. At the same time, it is possible that a holiday will fall during the vacation. Here it is important to understand whether vacation increases in the presence of holidays.
For example, if the application indicated that the employee wants to go on vacation on June 1 and return to work on the 14th, then Russia Day will fall within this period. Thus, the vacation is extended by one more day, therefore the employee can safely begin work only on the 15th, and even then, provided that it does not fall on a Saturday.
If, in this case, the employee wants to go to work exactly on the 14th, as indicated in the application, then only 13 days are calculated from his vacation period. Most often this happens when specific dates are indicated in the application. It’s another matter when an employee writes only the duration of vacation pay in the document.
For example, if the application states that a person asks to be given leave for two weeks from June 1, then he can go to work on 15. To get rid of confusion, personnel department employees and accountants like this option.
Accordingly, employees’ vacation never begins on a holiday, since this period is not counted toward vacation pay.
Even if the application indicates that the employee is asking to be given leave from March 8, the official countdown of days will only start from 9.
We invite you to familiarize yourself with: Maternity leave (maternity leave): duration, registration
The only exceptions to all these rules will be those workers who work in shifts. We are talking about security guards, cash collectors, sellers, cashiers, etc. For them, it does not matter whether it is a holiday or a day off, since the schedule provides for a completely different calculation of working time and its payment.
Accordingly, shift workers must return from vacation on the day indicated in the work schedule.
So, we have decided that vacation includes days off, which must also be paid. And holidays are not paid, and the number of holidays is extended.
Employee Arefiev A.O. took his allotted 28 days of rest. He entered the required vacation dates into the vacation period schedule in advance. The beginning fell on December 26. We will determine how many days he will be paid. And also what date he should be at work.
- We calculate the total duration of rest to determine what date the employee is required to report to the workplace.
Beginning December 26, 2017.
The total amount of vacation period is 28 days.
If there were no holidays at the specified time, the employee would have been required to leave on January 23, 2018. But the vacation covered 8 days of legal public holidays, so you only need to go out on January 31, 2018.
- But vacation compensation will be calculated only for 28 days, since according to the law, New Year holidays should not be paid.
28 * average daily wage = compensation for the next annual vacation.
The average daily salary is calculated for the last 12 months worked. All earned income is taken, excluding some targeted one-time payments, divided by 12, and the resulting figure is divided by another 29.3. 29.3 is the average number of days in a month. The amount received will be considered the average daily salary of a particular employee.
Rest from May 1 for a week - when to go to work?
Despite the fact that the calendar week begins on April 27, many workers prefer to write a vacation application from the beginning of the month, and therefore from 01.05.
Example
Petrov P.P. wrote this statement:
Please provide me with another paid leave from 05/01/2020 for 7 calendar days.
Petrov P.P., the author of such a statement, is more far-sighted than Ivanov I.I. — got 11 days of rest instead of one week! This is explained as follows: the countdown will begin on 01.05 and end on 07.05. But May Day extends vacation time by one day (05/08 is added), and he should start work on 05/09. But this is again a red day of the calendar, and then there are three more non-working days, therefore, Petrov’s first working day is 12.05.
Basic provisions of the Labor Code
To begin with, let me remind you that a person can receive leave from their official place of work only after six months of work in this organization, unless, of course, we are talking about paid leave.
In addition, the vacation schedule for all employees must be drawn up in advance and approved in a special document issued through the HR department or directly from the employer. Such a schedule must be signed and officially approved no later than December 15 of the year preceding the year in which this vacation is planned.
Moreover, as already mentioned, each employee is entitled to 28 calendar days of paid leave; these days are divided into several parts, usually two, one of which must be at least 2 weeks. And the second part, depending on how convenient it is for the person himself, can be applied either in full or divided into several parts.
It is worth noting that some categories of citizens, depending on the organization, the position they perform or the profession in which they work, have the right to longer leave.
For example, teachers have the opportunity to rest 54 days every year, which is almost 2 times more than other people. I think everyone understands what caused this.
Speaking about vacation pay, we must separately highlight the following two points:
- Firstly, the amount of vacation pay. It is the average salary of a person for the previous year
- Secondly, the timing of payment of money. This operation must be carried out by the employer at least 3 days before the person goes on vacation
A separate issue is the moment when a person has worked exactly the required 6 months. Employers sometimes state that they are willing to pay only half of the required vacation, that is, 14 days. In fact, according to Russian law, such actions on his part are not legal.
Paid leave is not issued in proportion to the time that a person is officially employed in a given organization, but only in a single order - 28 days every year.
Paid leave can also be granted earlier than that. when they have worked for six months, by special agreement with their superiors.
Is it possible to take May 6–8 and rest for 11 days?
The Labor Code does not contain prohibitions on such actions.
Example
Sidorov S.S. wrote a statement:
Please provide me with another paid leave from 05/06/2020 for 3 calendar days.
Sidorov will get a mini-vacation of 11 calendar days using only three vacation days. Of all the options described in the article, this is the most profitable in terms of saving days. But there are two restrictions:
- the employer agrees to let Sidorov go (and if he does not agree, it is useless to insist);
- When dividing the rest period, we must not forget that one part of it should be at least two weeks continuously.
Are days off included in vacation and how are they paid?
Annual rest is calculated in the required number of days. This number varies for different categories of workers, but in any case it cannot be less than 28 days.
When calculating rest time, it is not always clear whether weekends are included in vacation. The employer must take into account not only the number of days off, but also not forget about holidays that fall during the period of paid rest.
These nuances are important not only for calculating the length of the vacation period, but also when calculating the average earnings for paying compensation during the annual paid vacation.
If your vacation falls on Victory Day
Many people are trying to figure out when to go to work if their vacation falls on Saturday, May 9, 2020. Victory Day, according to the Labor Code (Article 112), is a non-working holiday.
Further, the Labor Code of the Russian Federation (Article 120) says that non-working holidays are not included in the vacation period. So, if the statement is written like this:
Please provide me with another paid leave from 05/06/2020 for 7 calendar days,
then the employee goes to work not on May 13, but on May 14 (one day will be added due to Victory Day). Let us remind you once again: 11.05 will not add days off to you.
Payment
Article 115 of the country's labor legislation states that every working person is entitled to 28 calendar days of vacation every year. This is the minimum that the employer must pay.
At the same time, Russian laws also state that holidays should not be included in the vacation period. Thus, they are not paid in any way. The employee’s vacation period is simply extended.
It should be understood that when calculating vacation pay, several indicators are taken into account, including the so-called “cost of the month.” This figure is different for almost every month.
January is considered the most expensive, since there are many holidays, but wages remain the same, so each working day will cost more than in March or April. In addition, the duration of the vacation and many other nuances are always taken into account.
If an employee does not know how to calculate his vacation pay for a specific period, he should contact the HR department or the company’s accounting department.
https://youtu.be/wkeYeKfNnGI
How to relax longer and spend fewer vacation days
The most economical way for those who continue to work as usual or remotely is this: from April 29 for nine days. Statement wording:
Please provide me with another paid leave from April 29, 2020 for 9 calendar days.
The calculation is as follows: nine days end on May 7, the May Day day off is moved to the 8th, then three days of rest in accordance with the production calendar. Leave for work on 12.05. I've been off work for almost two weeks.
Is it possible to take vacation only for days that coincide with weekends (for example, May 1–5)?
It would seem stupid to do this: these days there is no need to go to work anyway. But if you look closely, it becomes clear that there is a certain benefit in this: monetary compensation in an implicit form. But the Ministry of Labor has already identified such schemes and in letter No. 14-2/ОOG-9754 dated December 7, 2018, indicated that this is an absolute violation of the Labor Code, for which a fine is imposed under Art. 5.29 Code of Administrative Offenses of the Russian Federation (up to 50,000 rubles for each identified violation).
What should I do? In order not to violate the Labor Code of the Russian Federation, include working days in the period (for example, 04/29–05/05).
Official list of holidays
Article 112 of the Labor Code of the Russian Federation clearly states the list of officially established holiday dates. They are considered non-working.
- Holidays associated with the onset of the New Year and the Nativity of Christ, which occur at the beginning of January, namely from the 1st to the 8th.
- Defenders of the Fatherland Day – February 23.
- The spring holiday of all women is March 8th.
- May Day of spring and labor - May 1.
- The date of Victory in World War II and WWII is May 9.
- Russian State Day – June 12.
- Day of Unity of the Peoples of Russia - November 4.
It is also worth highlighting the religious holidays that are celebrated by the constituent entities of the Russian Federation (Ramadan, Kurban Bayram). They may be considered non-working, but at the same time they do not have state status.
