General rules for granting additional vacation days
The algorithm and conditions for providing regular annual paid leave for a period of 28 days are determined by the provisions of Articles 21 and 14 of the Labor Code. According to general requirements, citizens receive the right to use it after six months of work at the enterprise.
However, in addition to the main rest, additional vacation days are guaranteed by law for some categories of workers. They are paid in the same way as regular ones - based on the average daily wage for a billing period of twelve calendar months.
Let's sum it up
- The length of time an employee is entitled to annual rest can be quite significant. And this makes using all the leave at once not always inconvenient for both the employee and the employer. Therefore, the Labor Code of the Russian Federation has introduced a rule allowing for the breakdown of vacation into parts. One of these parts must not be less than 14 calendar days. The length of the remaining parts is not regulated, and can be equal to 1-2 days.
- It will be necessary to write an application for leave for 1-2 days if the breakdown required by the employee is not included in the vacation schedule or, being included in the schedule, is not accompanied by an indication of the specific start date of the rest period.
- An application for leave lasting 1-2 days is drawn up according to the usual rules, indicating the details of the addressee and originator, as well as the essence of the application - for how many days and from what date the employee asks to be given leave.
Who is entitled to additional leave?
Labor legislation determines the duration of additional rest based on the characteristics of working conditions. Citizens working in the following places of employment are provided with a certain number of additional days (values are indicated in calendar days):
- production with dangerous or harmful working conditions – 7;
- enterprises with special characteristics of work activity - for different professions the values may differ, for example, three days are provided for doctors;
- companies that require work on an irregular schedule – 3;
- organizations located in the regions of the Far North and regions equal in status to them - 24 and 8, respectively;
- enterprises included in the RKS - 16.
In addition, additional days of rest may be provided in connection with the characteristics of the status of a particular citizen. For example, having a certificate of a veteran of labor, combat operations, or any disability group is the basis for receiving two additional days of leave.
IMPORTANT! The specific number of days of additional rest provided based on the characteristics of citizens (health, availability of certain awards, etc.) is determined at the regional level. That is, in different regions of our state these values may differ.
How to use your vacation time
Annual leave is divided into 2 types:
- Basic, provided to all employees without exception. It gives each employee the opportunity to rest for at least 28 calendar days a year (Article 115 of the Labor Code of the Russian Federation).
- Additional, the right to which arises only under certain working conditions. Its minimum duration is stipulated by the Labor Code of the Russian Federation only for harmful/dangerous working conditions (7 calendar days - Article 117 of the Labor Code of the Russian Federation) and for work with irregular hours (3 calendar days - Article 119 of the Labor Code of the Russian Federation), in other cases the standards established by either other laws, or the employer himself.
The total length of annual vacation time is the sum of calendar days of both types of vacation (Article 120 of the Labor Code of the Russian Federation), and it can be very significant.
However, a one-time use by an employee of the entire annual vacation is not always convenient for both the employer and the employee. Therefore Art. 125 of the Labor Code of the Russian Federation allows you to divide your rest time into parts, requiring that at least one of them be at least 14 calendar days, and without in any way limiting the length of other parts.
This rule allows the remaining part of the vacation from 14 consecutive calendar days to be used in any breakdown suitable for the employee, including taking them 1-2 days at a time. At the same time, the Labor Code of the Russian Federation does not prohibit linking vacations issued in parts to regular public days off. It is also permissible to use parts of the vacation in advance.
The breakdown of vacation into parts in the proportion required by the employee can be initially included in the vacation schedule with the start dates of each rest period, and then the employee will not be required to either apply for vacation or agree on it with the employer. If there is a need to provide leave at an unplanned time, the employee will have to write an application for unscheduled leave and obtain the employer’s consent to it, and the personnel service will have to make changes to the vacation schedule.
Procedure for provision
To receive days of rest in excess of those required by the standard, an employee entitled to this will need to submit a corresponding application to his employer. At the legislative level, no universal form is provided for its preparation, however, they may exist in organizations. In this case, the obligation to use them is regulated by internal regulations.
In order to avoid errors and inaccuracies that could lead to a delay in the expected date of going on vacation, it is recommended to draw up a document using a standard sample application for additional paid leave.
There are several features regarding the issue of registration of additional vacation:
- it can be provided along with the main annual paid leave - in this case, a regular application is written, which indicates a request to increase the duration of leave due to the available additional days;
- All periods of additional leave regulated by law are minimum values, and organizations have the right to increase them at their discretion.
Based on the submitted application, the manager issues an appropriate order.
Sample order
Unlike an application, the Labor Code provides a universal form for drawing up an order. It is published under the number T-2. However, as with applications, organizations are not required to use it. The main condition is that the document must contain all the basic details, namely:
- full name of the enterprise indicating the form of ownership;
- Date of preparation;
- serial number (required for keeping records of internal documentation);
- a resolution on the provision of additional days off with reference to the legislative act on the basis of which the employee receives such a right;
- the expected date of the team member going on vacation;
- manager's signature;
- signature of the citizen (affixed upon familiarization with the document).
Standard sample order:
Sample application for additional leave
When filling out the application, you must provide the following information:
- full name of the organization indicating its form;
- Full name and position of the person to whom the document is addressed;
- Full name and position of the employee;
- a request for an additional day with reference to a legislative act;
- date of application;
- the applicant's handwritten signature.
A typical sample application for additional leave:
Order
After the manager approves the employee’s application for leave, the HR department must draw up an order.
Important: an employee cannot go on vacation without an order signed by the director!
The order is drawn up in exactly the same way as for a regular vacation. In this case, time off is calculated and paid in the same way as vacation pay. Time off for annual leave must be paid in the same way as vacation pay - 3 calendar days in advance. There are no exceptions for payment transfers. If you take time off at your own expense, this day off is not paid.
Example of an order:
In conclusion, it is worth noting that the employee is allowed to take time off solely for compulsory annual leave. Taking time off as additional vacation is prohibited.
Compensation for unused additional leave
If a citizen does not want to use his additional vacation, then he can request that it be replaced with appropriate monetary compensation by drawing up an appropriate application. Its structure is no different from an application for a vacation, with the only exception that the document indicates a request not for its provision, but for the payment of compensation.
The calculation of the amount is carried out in the same way as the calculation of vacation pay for regular annual leave: based on the average income per day, determined over a billing period of twelve calendar months.
Example of an application for compensation:
What is compensatory time off?
To begin with, it is worth noting that in a number of situations paid time off can be taken without counting towards the next vacation . This issue is regulated by Art. 152 and 153 of the Labor Code of the Russian Federation.
Reasons for providing paid time off that does not count towards vacation:
- the employee worked on holidays or weekends;
- the employee worked overtime days or hours;
- an employee donated blood.
Subject to one of these events, the employee may be given paid time off or paid monetary compensation.
Employer's liability for failure to provide additional leave
Providing an additional day of vacation based on working conditions or the characteristics of the employee’s profession is not the manager’s ability, but his responsibility. Accordingly, when refusing to provide them or to accrue appropriate monetary compensation, the organization violates the citizen’s labor rights.
In this regard, he can contact the labor inspectorate, the prosecutor's office or the court. As a result of filing a claim, a fine may be imposed on officials and the organization, in addition, the activities of the enterprise may be suspended for up to three months. If repeated similar violations of the law are detected, the penalties used are increased. In addition to increased fines, responsible officials may be subject to disqualification for a maximum period of three years.
