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If vacation falls on a holiday, how to count

The issue of calculating the duration of the annual vacation, if part of it falls on official holidays, is relevant not only for the accountant. It is useful to know the calculation rules for an employee going on vacation. How to consider if vacation falls on a holiday - we will understand in this article.

if vacation falls on a public holiday

General provisions on employee rest

According to the Basic Law of the Russian Federation (Constitution), every citizen has the right to work and the right to rest.

The norms of labor legislation rest the employee with the provision of days off, holidays, which are days of rest, annual leave and other periods prescribed by law.

The list of official holidays includes the following days:

  • Christmas (07.01).
  • Defender of the Fatherland Day (02.23).
  • International Women's Day (08.03).
  • The festival of spring and labor (01.05).
  • Victory Day (09.05).
  • Day of Russia (12.06).
  • National Unity Day (04.11).

In addition, the so-called winter holidays and the days on which the holiday dates coinciding with the holidays are considered official holidays in Russia.

holiday fell on a holiday

The law provides that an employee can count on extending his vacation if the vacation falls on a public holiday. This right is guaranteed by labor law.

Non-public holiday guidelines

Article 112 of the Labor Code of the Russian Federation includes the following provisions on holidays:

  • Non-working holidays, when the employee was not actually employed, are also payable. This provision does not apply to employees who are paid in accordance with the salary (or official salary).
  • If the vacation falls on a public holiday, then it shall be carried forward to the working day following the state holiday.
  • Employees whose work is paid in accordance with their salary (official salary), wages are paid regardless of the availability of non-working holidays in the reporting period.
  • In order to save actual working time, official holidays can be moved to the working days of the year. Such transfers are carried out on the basis of regulatory legal acts adopted by the Government of the Russian Federation, or federal laws, and subject to mandatory publication no later than a month before the beginning of the year. holiday falls on a holiday how to count

How should holidays be considered when calculating vacation days?

According to the provisions of the labor legislation on annual paid leave provided to employees, the minimum duration of an employee's annual vacation period is twenty eight calendar days.

When calculating the duration of an employee's annual vacation, days that are official holidays are not included. And if it falls on a holiday - an extension of the vacation is required.

The legislation allows the division of annual holidays into two (sometimes more than two) periods, one of which should be at least two calendar weeks (fourteen days). Does the holiday extend if the holiday falls

Holidays on holidays - how to count

The calculation is based on official non-working days. As follows from the meaning of labor law, if a holiday falls on vacation, the total duration of the rest increases by the number of such days.

Suppose an employee takes part of the annual laid-off holiday in early June for a duration of two weeks, starting on the first day of the month. June 12 is an official holiday.Consequently, the duration of rest should be increased by one day.vacation order if holidays fall

When calculating the vacation period and vacation allowance, the content of the employee’s application is of great importance.

1. If the boundaries of the vacation are precisely spelled out in the application, for example, from the first to the fourteenth of the month, then the actual vacation period will be thirteen days, with one unused day to be transferred to the next vacation period.

When calculating the vacation allowance, only days of vacation are taken into account, excluding holidays. Accordingly, days that are official holidays are not paid by the employer.

In our case, thirteen vacation days are payable.

2. If the employee prescribes a non-specific period in the application, and asks for fourteen days leave from the first day of June, then he leaves his vacation to work one day later, and the number of paid vacation days will be fourteen days.

From the foregoing, it follows: an increase in the length of the vacation period due to public holidays does not affect the size of the vacation allowance.if a holiday falls during the holidays

It is important to note that the same dates should be indicated in the vacation order if holidays fall. For example, if a holiday with a non-working day is arranged within specific numbers, you will need to add one day so that the rest is at least 14 days. If the statement is written indicating the start of the vacation, then the wording should sound - “for 14 calendar days”.

How to go on vacation is profitable

When calculating vacation pay, the average employee earnings for one day, which directly depends on the income earned over the previous twelve months, are of considerable importance.

If the billing period does not differ in high earnings, then the average daily income of the employee will be small.

This fact should be taken into account when choosing a vacation period.

It is more profitable for workers receiving salary in the form of a salary, the size of which is not affected by the number of working days of the month, to choose months that do not fall on holidays or have a minimum number of such days.

Holidays in business days

The legislation provides for the possibility of each employee to use his rest in several periods. An essential condition is that one of them must last at least fourteen days. If the holiday falls on a holiday, this fact should also be taken into account.

The remaining part can be taken daily, indicating in the application specific dates on business days. But then the payment will be made accordingly to vacation days falling on working days. At the same time, a corresponding application should be issued for each vacation period.

If the employee has the intention to extend the period of his rest, he can choose accordingly the period when the vacation would fall on a public holiday. holiday extension falls on a public holiday

It is important to understand that such freedom of choice depends not only on the employee. The vacation period chosen by the employee is subject to mandatory agreement with the manager, and the possibility of providing annual leave in parts is governed by the contractual relationship between the employee and the employer, as well as internal regulations.

How is vacation with workers with a shift work schedule considered

Certain categories of workers, for example, security guards, watchmen, employees of the collection service of banks and others, work according to their own, strictly established shift schedule.

Accordingly, a shift pass is categorically excluded. In this case, is vacation extended if a holiday falls? Such employees go on vacation strictly on their shift, regardless of whether other categories of workers and employees work.

With shift work schedules, there is a high probability of unused days of rest that the employee has the right to walk on the next vacation period.

Start of vacation

There is a common belief that vacations should certainly begin on Monday of the new work week.

This position is not the norm. For example, there are organizations in which weekends are provided on other days than those that are more familiar to us. For some categories of employees, holiday days are Sunday and Monday; for others, the weekend is mid-week.

In this case, the employee’s vacation can begin on any day of the week, because the legislation provides for a calendar calculation of the duration of the rest period. It is important to understand that a public holiday is not an obstacle to legally leaving on vacation.

Conclusion

In any case, in any mode of operation, in order to avoid discontent of employees, enterprises and organizations practice scheduling, even if the vacation falls on a public holiday. In accordance with this schedule, each employee leaves for a well-deserved rest for a year of work strictly in due time, and all other obstacles can be resolved in accordance with the provisions of labor legislation and internal regulations.


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