In accordance with the law, every citizen has the right to work and to rest. When planning when it is better to take their lawful days for a pleasant pastime, some have doubts, but do weekends and holidays go on vacation?
Holiday Types
Under current law, there are several types of leave. And depending on the specific type of each of them, its own approach to taking into account weekends and holidays is applied. Traditionally, the following classification exists:
- annual;
- additional paid;
- at own expense (without maintenance);
- prenatal;
- postpartum care for the child;
- training.
Holidays, which are necessary for a student or a young mother, are strictly regulated by the number of days or are tied to specific dates, for example, to the period of the student’s session. In these cases, it does not matter at all whether the weekend is on vacation. Public holidays likewise do not affect its duration.
Holidays and paid holidays
The standard annual leave that the employer must provide and pay for has a duration of 28 calendar days. Labor legislation provides for exceptions for certain categories, which affects its duration. It can be taken completely or shared. Many people prefer to relax more than once. It should be borne in mind that in this case one part of the continuous vacation should not be shorter than 14 calendar days.
Do weekend holidays include two weeks? The Labor Code establishes that the duration of the annual vacation is not set in working days, but in calendar days. Therefore, weekends are also counted. An exception may apply to certain categories of employees for whose vacation calculation a different approach is used.
How holidays are counted
Regarding holidays, they are not included in the holidays. Moreover, if official holidays fall during the employee’s rest period, they are added to the vacation, but are not paid.
But are holidays included in holidays, if it is not about the annual, but about what is given without maintenance? This is taken by the employee for a certain time if necessary and is not subject to payment, so the days of official holidays, like weekends, are considered completely ordinary.
Sometimes it happens that there is a transfer of days off to make a “bridge” between them and the holiday. Such postponed days off are considered on a par with regular days off and are included in the holidays.
Holidays in Belarus
The described norm is applied not only in the territory of the Russian Federation. Human resources and accounting staff are sometimes interested in what rules exist when determining the length of leave in other countries. For example, are holidays included in RB holidays?
The labor legislation of this country prescribes a similar approach. Therefore, Saturday and Sunday are included in paid leave. But public holidays - no. They allow you to relax a little longer, increasing the duration of days off from work. In this case, it does not matter at all whether the holiday fell on a work day or a day off.
Why are there problems?
The answer to the question of whether holidays are included in the holidays according to the labor code of the Russian Federation is quite clear and should not raise any questions. In practice, quite often the employer and employee do not find understanding. If an employee takes all 4 weeks to rest immediately, then no problems arise.All weekends falling for this period of time are included in it, and if there were holidays, then the vacation is extended according to their number.
Complexity arises when an employee decides to divide his entire possible rest period into several parts. Wanting to have the maximum number of paid days, some want to take only working days on account of their due vacation. For example, writing a statement from Monday to Friday.
Such a desire does not contradict the law. It does not stipulate whether holidays are mandatory holidays or not. But at the same time, it turns out that for two equal employees, the duration of the vacation can be different only because one in his application indicates all calendar days, and the other only workers.
Often a problem is discovered only when the personnel officer or accountant asks to rewrite the application for a one-week vacation, not a five-day vacation. To resolve this contradiction, the principle of "by agreement of the parties." If the employer is ready to provide longer leave in this way, then his actions do not contradict labor legislation.
In order to get around this controversial issue, some organizations have internal orders and instructions prescribing how long vacation can be.
In each company, vacation is not a spontaneous event, but planned. Therefore, regular schedules are compiled regularly. Each employee should carefully consider how to better manage their legal days of rest.
