Calculation of vacation days in 2019 - an example and a general algorithm for how vacations are calculated can be found in our article. And of course, find out if something has changed in this calculation since 2019.

How vacation time is calculated: basic rules

  • when sending an employee on vacation and issuing vacation pay;
  • payment of compensation for unused vacation with or without dismissal.

In both cases, the calculation of calendar days of vacation occurs according to general scheme. It is built on the main vacation rule which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, just such a period of time is provided for rest for employees of most companies.

Study the nuances of granting additional holidays using the materials of our website:

  • "Additional leave for irregular working hours" ;
  • “The Supreme Court clarified how to calculate the duration of additional holidays” .

Thus, the first thing to do before calculating the calendar days for calculating vacation is to determine the length of service of the employee in the organization.

IMPORTANT! IN general case a person can take a vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can leave to rest earlier. Rest for subsequent years is provided at any time according to the order of holidays established by the employer.

After the length of service has been calculated, it is necessary to determine how many days the employee is entitled to count on the vacation calendar. You need to proceed from the following: with a generally accepted 28-day vacation provided in calendar days, for each month worked, the employee is entitled to 2.33 days of vacation (28 days / 12 months).

Calculating vacation time

We start counting the length of service from the date the vacationer is hired. In other words, the calculation is carried out not according to calendar, but according to the so-called working years.

Example 1

For an employee who was employed on 04/11/2017, the first working year will be from 04/11/2017 to 04/10/2018, the second - from 04/11/2018 to 04/10/2019, etc.

When calculating vacation days for the worked period of an employee, we take into account the time when he:

  • directly worked;
  • actually did not work, but the position was retained for him;
  • was on vacation at his own expense (but not more than 14 calendar days per year);
  • was forced to skip work due to illegal dismissal or suspension;
  • was suspended for failing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded from the calculation of vacation pay is partly positive. So, we exclude from experience:

  • vacation periods without pay over 14 days;
  • "children's" holidays;
  • time away from work good reasons.

How to correctly calculate the vacation period if a holiday falls on it

In Art. 120 of the Labor Code of the Russian Federation, a rule is fixed, according to which non-working holidays falling on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

  1. The vacation period is indicated by its start date and the number of calendar days. In this case, the employee leaves the vacation 1 day later.

Example 2

The leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start working not on March 18, 2019, but on March 19, 2019.

  1. The vacation period is indicated by its start and end dates. In this case, the used days of rest are the days of the corresponding time interval minus holidays.

Example 3

The leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls on this period, the vacation is considered to be used in the amount of 13 days.

When calculating for a vacation in an incomplete month, one should also take into account the calendar days that fall on the worked period, and not just working (actually worked). So, holidays, as well as weekends that do not fall under the periods listed in clause 5 of the Regulation approved by government decree No. 922 of December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let's give an example of calculating the days of the billing period for vacation in 2019, taking into account the above subtleties and nuances.

Let's say an employee got a job in a company on 06/17/2016.

During his tenure, he:

  • was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
  • took a vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
  • was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

From 01/15/2019, he decided to quit, having previously taken all the days that he did not use during his work.

see also “How to arrange a vacation with subsequent dismissal?” .

Let's see how many days of paid rest he has the right to count on if the company has adopted a standard vacation of 28 days.

Step 1. Determine the experience.

The total work experience from 06/17/2016 to 01/15/2019 will be 2 years 6 months and 29 days.

We do not touch periods of illness and vacation. They are taken into account in the length of service that gives the right to leave, as non-working periods in which the employee's place of work is retained.

Vacation at your own expense can be included in the length of service within 14 calendar days per working year. We have 2 such periods:

  • for the working year from 06/17/2016 to 06/16/2017 - 7 days (from 04/07/2017 to 04/13/2017);
  • for the working year from 06/17/2017 to 06/16/2018 - 21 days (from 08/24/2017 to 09/13/2017).

The second period does not fit into the 14-day limit, which means that 7 days of excess from the length of service will have to be excluded.

Thus, the vacation period is 2 years 6 months and 22 days. We round up to full months, discarding 7 days, and get 2 years and 7 months.

Step 2. We subtract the number of vacation days that the employee is entitled to for the specified period.

That's 56 days in 2 full years and another 17 days for an incomplete year of work (28 days / 12 months × 7 months = 16.33 days. Rounding was done according to the rules adopted by the organization (in accordance with the recommendations set out in the letter of the Ministry of Health and Social Development of the Russian Federation of December 7, 2005 No. 4334-17) in favor of the employee Total 73 days.

Step 3. Determine the number of unused vacation days.

During the work period, the employee took vacation three times:

  • From 06/02/2017 to 06/22/2017. This period fell on a non-working holiday on June 12, so not 21, but 20 days of rest were used.
  • From 03/30/2018 to 04/19/2018. There were no holidays here, and the vacation was 21 days.
  • From 08/29/2018 to 09/11/2018. There were no holidays here either, and the vacation was 14 days.

Total unused leaves 18 days (73 - 20 - 21 - 14). Their employee can take time off immediately before dismissal - from 12/21/2018 to 01/15/2019 (taking into account New Year holidays). So, the calculation of vacation in 2019 is an example with detailed description, produced.

Results

To earn annual paid leave, an employee must have worked for the organization for a certain amount of time. We will tell you how many vacation days are accrued per month, and for your convenience we will give practical examples calculations.

For what period is vacation granted and from what day it is calculated

In accordance with Art. 122 of the Labor Code of the Russian Federation, leave is granted to an employee for the past working year. This is 12 months, which is counted from the date of employment.

If an employee has worked for a whole year and was not on vacation, then he just needs to get a vacation for that year.

note

The legislation provides for monetary compensation for unused vacation in two cases: upon dismissal of an employee and if the vacation exceeds 28 calendar days. Read more in this

If the employee has not rested even once in several years, he must be provided with unused vacation for each working year. They should be included in the vacation schedule, warning the employee against signature at least 2 weeks in advance. The employee will be required to take a vacation (Article 123 of the Labor Code of the Russian Federation).

Important! Art. 124 of the Labor Code of the Russian Federation prohibits not letting an employee go on vacation for 2 years in a row. Therefore, it is worth providing unused vacations in chronological order although there are no clear guidelines for this.

The employee also has the right to ask for some part of the unused vacation on time that is not provided for by the schedule. If the authorities agree, they will release the employee, he has such rights.

Length of annual paid leave

Part 1 Art. 115 of the Labor Code of the Russian Federation gives each employee the right to take annual paid leave duration 28 calendar days. Its duration increases for the following categories of workers:

  1. employed in hazardous and hazardous industries;
  2. minors;
  3. disabled people;
  4. having irregular working hours.

Additional days of rest are also received by employees for periods of business trips, temporary disability, passing a session at a university.

How many vacation days an employee gets for each month worked

To determine how many vacation days are required for 1 month of work, you need to use a simple formula:

28 (number of days of basic paid leave) / 12 (months) = 2.33 days.

This is how many vacation days most people earn each month.

How is it calculated for those who are entitled to additional leave

In most cases, the duration of the main vacation is 28 calendar days (part 1 of article 115 of the Labor Code of the Russian Federation). Employees earn for each month 28/12 = 2.33 vacation days.

There are also some workers (teachers, doctors, researchers), whose main vacation does not last 28 days, but 36, 42, 48 or 56.

In such cases, you need to add up all the days of the main and additional holidays, and then calculate the number of vacation days that are earned in 1 month.

Practical example of calculation on numbers

The main vacation lasts 28 calendar days. An additional 3 days are added to the employee (this is the minimum number). The number of vacation days per month of work will be: (28+3)/12 = 2.58 vacation days.

Almost always it is a number with a fraction. Only seasonal workers and those who work under employment contracts concluded for a period of less than 2 months are paid compensation at the rate of: 2 working days for 1 month of work (Article 291 and Article 295 of the Labor Code of the Russian Federation).

How many vacation days accumulate per month - the representative of the Ministry of Labor of the Russian Federation will tell in the video below:

How is it calculated if several months and an incomplete month are worked out

Consider how leave is calculated for an incomplete month worked if the employee worked in the company from 09/01/2016 to 05/05/2017. This is 8 full months (09/01/2016 - 04/31/2017) plus 5 days. If incomplete part month is greater than or equal to 15 days, it is rounded up to 1 month. If less, it is discarded. 5 days from our example are not taken into account, it will be considered that the employee has worked for 8 months.

The number of vacation days is determined by the formula:
the number of days that go towards vacation for each month worked, x the number of months worked.

In this example, the result will be: 2.33 x 8 = 18.64 days.

How are fractions rounded when counting?

If fractions are obtained, then they must be indicated in the note-calculation. If it is more convenient for you to round, do it not according to arithmetic rules, but in favor of the employee. Round 17.78 to 18 and 10.29 to 11.

If you have any questions about the topic of the article, ask them in the comments below

Vacation for most working people is the most enjoyable time of the year. How to conduct it, many begin to plan for another six months. But, despite the general pleasant feeling of anticipation, even such a pleasant phenomenon as a vacation period raises some questions. How to calculate its duration? What if the employer refuses to provide it? Can an employee refuse a leave granted by the manager? Who is guaranteed the right to rest? And in this regard, what can be said about foreigners or those persons who do not have citizenship at all? How to count holidays on vacation? What documents are drawn up at the enterprise before sending a specific employee to rest? How to count vacation in May, as in the month that is characterized the largest number unscheduled days off? What role does seniority play in determining vacation time? How to calculate vacation pay? How is a leave order made? When should the appropriate schedules be generated? Be careful: the answers to all the above and some other questions will be provided in as much detail as possible in this article.

Vacation entitlement

Any workers who legally work in the territory Russian Federation, have the right to annual rest (moreover, we are talking both about citizens of the Russian Federation and about foreigners). This applies to those who cooperate with organizations, institutions, enterprises, the form of ownership of which, however, does not play a role, as well as the industry and type professional activity. This also applies to those who work under a contract for an individual.

What exactly ensures the right of employees to leave?

  • The prohibition of the possibility of replacing the annual holiday with a certain compensation in cash. Exceptions are cases that are specified in the current legislation.
  • Guarantee that each employee is given a period of rest, the duration of which is influenced by a number of factors. At the same time, his place of work and level will be saved. wages.

How to count unused vacation?

It happens that the employee does not use the provided rest. There can be many reasons for this. For example, how to count vacation upon dismissal? Many are very concerned about this issue, as employers often strive to neglect the rights of an employee in this regard. It is important to know that, if the employee so desires, he may be granted leave that he did not have time to use. What date will be the day of dismissal? Last day of vacation. It is then that all the proper cash must be paid to the employee. Now you understand how to count vacation upon dismissal. It's easy if you understand some of the nuances.

How to calculate compensation for unused vacation? It depends on the rate of the employee as well as the total amount Money, which would have to be paid if the rest time was used in the manner previously provided.

But what if the employee did not have time to use the vacation, and the term of the employment contract has already expired? Such an employee can still use it, even if it exceeds the duration of the contract. And its action is artificially extended for the duration of the holiday.

If the employer refuses to provide its employees with the rest provided for by law, then this is a direct violation of the rights of the company's employees, guaranteed by the state. There is some responsibility for this.

There is no statute of limitations that invalidates unused vacations. If an employee has not been able to use his right to leave for several years, then, if desired, he can do this once for all unused time. And in the case when such an employee decided to quit, the company's management must pay appropriate compensation.

Determining the duration of holidays

And if the vacation falls on a holiday, how to count? Such non-working days are not taken into account in the total duration of vacation - both annual and additional. However, this does not apply to weekends. So, for example, many people have a question about how to count vacation days in May. After all, this month is notable for the instability of the work schedule. So, if your vacation starts, for example, on April 30 and lasts 24 days, then you need to add as many days to the duration of the vacation in calendar days as public holidays your company has allocated to its employees as days off. Thus, you will need to go to work on May 24, and on May 27. The calculations are extremely simple. Now you understand well how to count vacation in May.

Remember that this calculation mechanism is universal. You can use it in any month as long as your vacation falls on a public holiday. How to count, we figured out above. If in doubt, you can check with your Human Resources department.

Vacation types

  • main annual leave;
  • additional vacation days for the specific nature of the work;
  • additional rest for work in harmful and difficult conditions;
  • other types of leave that were previously provided for by current regulatory legal acts.

Annual basic leave

Absolutely any employee who is registered with the enterprise is entitled to this type of vacation. How to count this type of vacation? According to the law, it cannot be less than twenty-four calendar days. However, for some groups of employees, an annual vacation of much longer duration is provided.

The procedure for granting holidays

This point is also important in order to figure out how to count vacation days.

It should be noted that additional leave can be granted both together with the main one and separately from it within one working year. However, their total duration cannot exceed 59 calendar days.

In order to get the right to leave at a new place of work, you must work there continuously for at least six months. However, in some cases it is possible to go on vacation earlier. To which groups of workers does it apply?

  • Disabled people.
  • Minors.
  • Those who work part-time.
  • Women before or
  • Employees-students for the duration of the session.
  • Women who have at least two children under the age of fifteen or a disabled toddler.
  • Employees who were issued a voucher for treatment in a sanatorium.
  • Men whose wives are in this moment are on maternity leave.
  • Parents who are educators in family-type orphanages.

Vacation schedules

As a rule, it is the management of the enterprise that is involved in the formation of the order in which employees go on vacation. The process takes into account the personal requests of employees, production needs and existing opportunities for employees to relax. It is important to remember that the schedules must be drawn up no later than January 5 of the year in question. This document can be drawn up in any form, since there is no single standard established by law.

In the schedule, you will need to fix the specific scope of the vacation (certain dates, start month and end month).

If both parties to the contract are satisfied with this situation, then the vacation can be planned in parts.

The specific period for granting annual leave within the limits established by the schedule is agreed between the employee and the employer, who is obliged to notify the employee in writing of the start date of the vacation no later than two weeks before the deadline set by the schedule.

Only the employer can grant leave or not to do so. So, if the employee himself does not want to go on vacation, the boss can, without his desire, issue an order to grant leave. The employee will have to obey, because failure to comply with the instructions of the management entails disciplinary liability.

However, there are some categories of employees who are given the right to go on vacation at a convenient time for these employees. These include, in particular:

  • minors;
  • women before or after maternity leave;
  • disabled people;
  • military wives;
  • parents who are educators in family-type orphanages;
  • labor veterans;
  • war veterans;
  • women who are mothers of two or more children under 15;
  • employees who have special labor merits before the state;
  • women raising a disabled child;
  • employees who have special merits before the state;
  • a parent who raises children alone;
  • in all other cases provided for by the current legislation.

Leave order

Any types of leave must be formalized with the help of a special order, which is drawn up in a special form established by law.

This document is provided to superiors in two separate copies. One of them is provided to the personnel department, and the other is given to the accounting department. It must be signed by both the immediate supervisor of a particular employee and the manager of the entire enterprise as a whole.

The order must indicate for which working year the vacation is taken and how long it is planned.

Calculation of experience

So, what is included in the experience?

  • Firstly, the time the employee performed his direct production duties (that is, actual labor). It is taken into account even in part-time conditions.
  • Secondly, the period when the employee did not actually work, but the position was retained for him in accordance with the basic requirements of the law.
  • How about parental leave? Is it included in the experience? No. This period is an exception.
  • The time when an employee was trained at a university in conditions of separation from production.
  • Some other situations that were provided for by law.
  • Hours of work in hazardous or unhealthy conditions.
  • Vacation time for work in special, difficult or dangerous conditions.
  • The working time of women in a position who, for medical reasons, were transferred to easier work.

Vacation transfer

The annual vacation of an employee can be transferred to another period, both at the request of this employee, and in connection with production needs.

So, directly the employee may demand this in the following cases:

  • if the employer notified the employee too late about when he would be granted leave;
  • if the manager did not pay the employee on time cash reward, which he must receive for the period of his vacation (at least three days before its start);
  • if the employee becomes disabled;
  • if the time has come for a vacation in connection with the onset of pregnancy or childbirth itself;
  • if the employee performs certain important public or state duties;
  • if leave for educational activities and annual leave coincided in time.

Dividing vacation into parts

Such a procedure must be carried out subject to the desire of the employee. However, one of its whole parts must last at least two weeks (counting calendar days). It doesn't have to be the first one. However, the division of vacation into parts is only an opportunity, and not an obligation of the employer. Sometimes production circumstances do not allow it to be done in the way the employee wants. In this case, the employer may not agree to the conditions offered by the employee.

Feedback on work during vacation

What if management requires an employee to come to work during his vacation? How to count vacation in this case?

The legislation provides for such a possibility, however, and establishes a number of conditions that must be met in without fail. For example, the following:

  • the absolute consent of the employee who is called;
  • the part of the vacation that was not interrupted must be at least fourteen days;
  • that part of the vacation time that was not used must be provided at any other time of the year or immediately after all the reasons for his presence at work during the vacation have been eliminated; this should be agreed with the employee and completely satisfied with him.

So, for what reasons can an employee be called to continue performing his duties at the enterprise during vacation? Among them are the following:

  • in order to prevent downtime of equipment, the occurrence of accidents, damage to property of the enterprise or loss of life;
  • in order to prevent the consequences natural disaster, as well as to prevent or eliminate the consequences of any industrial accident.

Conclusion

This article was intended to help you figure out how to properly count your vacation. Now, it seems, it has become obvious that it is absolutely easy. The main thing is to remember exactly what nuances should be taken into account. Among them, for example, the following can be distinguished:

  • the total duration of the main annual leave (which is affected by the general length of service, the special period of work at a particular enterprise);
  • the presence of holidays during the planned rest period (especially important for those who go on vacation in late December - early January, as well as in May);
  • unused vacation of previous years (can be summed up and used later simultaneously or in parts).

Today we found out that the minimum vacation period guaranteed by law should be at least twenty-four calendar days. At the same time, the duration of the rest increases if any national holidays fall on this period. Also, some groups of employees are entitled to additional vacation time. These include, for example, those who work in dangerous, harmful or extremely difficult conditions.

It is also important to remember that a vacation can be divided into parts. Usually two. Most of them should not be less than fourteen calendar days. However, such a situation becomes possible only if both parties (both the employee and the employer) come to an agreement and find a compromise, since in this case, one should take into account not only the wishes of the employee, but also production capabilities and needs (if there is no one to replace the employee , and he must fulfill his direct official duties during the period that he has chosen for his vacation, the employer has the right to reschedule it).

So, in this article, we discussed all the questions that the vacation period caused: "how to count", "who is entitled to annual leave", "what to do if the employer refuses to give the employee time to rest."

Respect yourself and protect your rights. To do this, it is extremely important to know exactly what you are entitled to and what obligations the employer has towards you. This will help you avoid being mistreated as an employee. However, for your part, also comply with all current legal norms contained in regulatory legal acts.

And let your annual vacation bring you and your loved ones only the most positive emotions!

The general formula for calculating employee vacations seems not so complicated. However, it should be borne in mind that there are many cases in which it is necessary to adjust the scheme.

How is vacation granted and when?

In accordance with the Labor Code of the Russian Federation, paid leave must be provided to an employee annually. This implies not a calendar, but a working year, that is, the calculation is carried out not from January 1, but from the day the actual start of work (recruitment).

During the first year of employment, an employee is entitled to paid leave after at least 6 months of service. With the mutual consent of the employee and the employer, leave may well be granted to him earlier. At the same time, if an employee leaves before the end of the first half of the year, the employer will have to provide him monetary compensation for all unused vacation days.

There are also a number of cases in which the employer is required to provide leave with pay at the request of the employee, even if the period of work was less than six months - for example, if a woman wants to take leave before (or immediately after) maternity leave; if the husband of a woman on maternity leave asks for a vacation; if the employee is a minor and so on.

Starting from the second year of the employee's tenure labor leave provided in accordance with the vacation schedule adopted by the enterprise. At the same time, leave may be granted even before the entitlement to it, but not earlier than the corresponding working year begins.

One of the important legal questions: what? Who and how will respond in case of problems?

The travel agency gives you the opportunity to spend your vacation anywhere in the world. We have instructions for opening it.

Settlement period for vacation

The billing period for vacation is understood as 12 previous calendar months. At the same time, the billing period does not include the time when the employee was on unpaid leave, on a business trip, on sick leave, on maternity leave, did not work due to the fault of the employer, or for any other reasons provided for by Russian law.

A separate case is employees with whom an employment contract is concluded for a period of less than two months (for example, for seasonal work). In this case, leave is granted at the rate of two working days for one month of work.

Average earnings for vacation calculation

When calculating the average earnings for vacation, the formula is applied N=P/(12*29.4). At the same time N- average earnings, P is the salary accrued for the billing period, 12 is the number of months, and 29.4 is the average monthly number of calendar days.

Calculations become somewhat more complicated if the period has not been fully worked out. The employee could be on sick leave, on time off, etc. for some time.

Then the formula will look like this: N \u003d P / (Z * 29.4 + F), while N is the average earnings, P is the salary accrued for the billing period, 29.4 is the average monthly number of calendar days, Z is the number of fully worked employees calendar months, F is the number of calendar days in full months X.

The formula for calculating vacation, how vacation pay is paid

The basis for calculating vacation pay for each individual employee is his average daily earnings.

To calculate it, divide total amount, earned by an employee during the year, by 12. Divide the resulting number by 29.4.

Please note: only payments stipulated in employment contract. That is, all kinds of one-time bonuses, material aid and so on. excluded from the calculations.

The formula for calculating vacation pay in this situation will look like this: N / 29.4xP, where N is the average monthly earnings, and P is the number of calendar days of vacation.

Vacation for part-timers

In accordance with the Labor Code of the Russian Federation, both external and internal part-time workers are also entitled to paid annual leave of at least 28 calendar days.

Leave for a part-time worker is legally granted at the same time as leave at his main workplace. Accordingly, if this internal part-time worker, That reporting period for his main position and part-time positions are the same. At the same time, at the main job of the part-time job, leave is set in accordance with the vacation schedule, and at the additional job - at the same time. At the same time, it should be borne in mind that if 6 months have not yet been worked out at a part-time job, the employer is obliged to provide leave in advance.

Calculation of vacation compensation upon dismissal, calculation of vacation with subsequent dismissal

Those employees who are dismissed by the employer due to violations of labor discipline, etc. do not have the right to leave with subsequent dismissal. If the employee is dismissed not “under the article”, but under own will or by agreement of the parties, the employer may provide him with such rest, although he is not obliged to do so. At the same time, the vacation period is provided for the entire current year (and not only for those months that were actually worked out in it). But payments are calculated based on actual hours worked.

If the employer does not have the ability or desire to provide the employee with leave before dismissal, he simply pays him compensation for unused vacation days.

Compensation is calculated according to the formula S: 29.4) / 12 * K, where S is the amount of the employee's income for the last calendar year, and K is the number of vacation days (usually 28 days).

For example, suppose that an employee of the company "Rainbow" Viktor Labazov worked for a full 11 months and was about to quit. During this time, he earned 300,000 rubles at Raduga. According to the formula we get: (300000:29.4)/12*28=23809. That is, when leaving, Labazov should receive 23,809 rubles in compensation for unused vacation days.

And now let's imagine that employee Romashkin worked only 6 months and 10 days, while earning 200,000 rubles. Then the calculation formula changes slightly and will look like this: S: 29.4) / 12 * K, while S is the amount of Romashkin's income for the last calendar year, and K is the number of vacation days. It, in turn, is determined by the formula K = 2.33 * N, and N is the number of months fully worked by the employee.

In our example (200000:29.4)/12*14=7924. That is, Romashkin should receive compensation for unused vacation in the amount of 7924 rubles upon dismissal.

Calculation options in different cases

The simplest case is when the billing period has been fully worked out by the employee. For example, suppose Vasily Semochkin, an employee of Solar, is going on vacation for 28 days. During the previous year he received a salary of 30,000 rubles. In this case, we substitute the numbers into the formula: 30,000 / 29.4 x 28 \u003d 28,571.43 (this is the amount of vacation pay that Semochkin will receive).

Calculations are more difficult if the period is not fully worked out. Suppose that an employee of the Romashka company Vasilkov, who receives a monthly salary of 20,000 rubles, is going on a paid vacation for 14 days. At the same time, Vasilkov was on sick leave for 14 days during the billing period, and his salary this month amounted to 10,000, and his allowance was 4,715 rubles.

In this case, you should multiply the size of his salary not by 12, but by 11 months and add 10,000. It turns out 230,000 rubles. Next, we calculate the calendar days for the hours worked: 29.4 days x 11 months + 29.4 days / 30 days x 15 days. We get 338.1. Next, we calculate the average salary for Vasilkov's vacation for these days: 230,000 / 338.1 days = 680.27 rubles. We multiply this number by the number of vacation days (14). In total, Vasilkov should receive vacation pay in the amount of 9,523.78 rubles.

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" № 22/2011

How this article will help: We will tell you how to calculate the number of unused days of rest, even in the most tricky cases.
What will save you from: You can avoid common mistakes when calculating vacation days that your employee did not take off. And therefore, the calculation of compensation for unused vacation will also not cause problems.

The employee earns the right to a full-time leave after 11 months of work in this company. Of course, he can take it off earlier, having worked in the company for six months or even less. But then part of the vacation will be used, as they say, in advance. But in order to determine exactly how many days of rest an employee earned, you need to consider his vacation experience. It is good when all the time that the employee worked in the company is counted in it.

How to make work easier

All subscribers of our magazine can quickly and without errors calculate the number of days for which an employee is entitled to using the “Error-free payroll calculator”, which is posted on our website at rz.glavbukh.ru. This service is available for the entire subscription period.

Difficulties with the calculation of vacation days that are due to the employee appear if he has been on vacation at his own expense. Or an employee was sitting with a child. In addition, there are cases when, even without having worked for the full 11 months, an employee is entitled to the whole.

How not to make a mistake when determining how many days of legal rest your employee has left? Consider all the basic calculation rules.

What periods to include in the length of service for vacation

As you probably already well know, the countdown of the working year does not begin on January 1, but on the day of employment. For example, if your employee started on November 9, 2011, their first work year will end on November 8, 2012. The working year is just the length of service for which the employee is entitled to leave. In most cases, this is 28 calendar days.

If your company is on the "simplified"

The periods to be included in the length of service giving the right to leave are listed in Article 121 of the Labor Code of the Russian Federation (see table below). Let's consider some of them in more detail.

Which periods are taken into account in the vacation experience, and which are not

What periods should be included in the vacation experience

What periods are not included in the vacation period
Actual work time Vacation time without pay in excess of 14 calendar days during the working year
The time when the employee did not actually work, but the place of work (position) was retained for him Time of parental leave
The time of forced absenteeism in case of illegal dismissal or suspension from work and subsequent reinstatement on previous work The time when the employee was absent from work without good reason (including if he was suspended from work in cases provided for in Article 76 of the Labor Code of the Russian Federation)
The time of suspension from work of an employee who has not passed a mandatory medical examination (examination) through no fault of his own

Time of illness, as well as past holidays

When calculating vacation experience, it is necessary to take into account all periods of disability. And also the time when a person rested. Let's say an employee of CJSC Rechnik S.D. Makarov got a job on March 4, 2011, and quit on November 9, 2011. In April, he was ill for 12 calendar days, and in September he was on annual leave for 14 days. In this case, to calculate the vacation period, it is necessary to take into account both the time of illness and vacation.

Leave without pay

Among other things, the length of service takes into account holidays at their own expense, not exceeding 14 calendar days in the working year. All those days that the employee took off without payment in excess of such a limit are not included in the length of service. This rule also applies in cases where the working year has not been fully worked out. In other words, an employee who has worked in the company for six months has the opportunity to take the same 14 days at his own expense without loss of vacation experience. Let's take the same worker of CJSC "Rechnik" Makarov. But suppose that in September he was on vacation for two weeks at his own expense. This will not affect the calculation of vacation experience upon dismissal. It is necessary to take into account all 14 days of vacation at your own expense, despite the fact that Makarov did not work the entire working year.

Maternity and childcare leave

The time spent on maternity leave is included in the total length of service giving the right to leave. But the period when the employee was on parental leave is excluded from the calculation (paragraph 9 of article 121 Labor Code RF).

Carefully!

The period of time when the employee was on parental leave is excluded from the calculation of the leave.

Example 1: How to take into account the time of "children's" holidays in the vacation experience

M. V. Morozova got a job at Sapphire LLC on March 2, 2009. From June 8 to October 25, 2009, she was on maternity leave. Since October 26, 2009 - on leave to care for a child up to one and a half years. Retired at his own request on October 3, 2011.

In this case, only the period from March 2 to October 25, 2009 should be included in the vacation period.

But if an employee, while on parental leave, works part-time, the period of such work is included in her vacation experience. The fact is that working under such conditions does not in any way limit either the duration of the annual leave or the length of service. This is stipulated in article 93 of the Labor Code of the Russian Federation.

What is the formula for determining the number of days of unused vacation

In this case, for a full month worked, a period equal to half a month or more is taken. Surpluses, which are less than half a month, are excluded from the calculation. This procedure is prescribed in paragraph 35 of the Rules on Regular and Additional Leaves, approved by the NCT of the USSR on April 30, 1930 No. 169 (hereinafter referred to as the Rules).

Example 2: Calculation of days of unused vacation upon dismissal of an employee during the first year of work

P. I. Voronov was hired by Polymer LLC on February 2, 2011. From May 6 to June 7 inclusive, he was on leave without pay, and on November 15 he quit. Annual paid leave in the company is a standard 28 calendar days.

The period from February 2 to May 1 inclusive - this is three full months - is fully worked out by the employee. He also fully worked the period from June 8 to November 7, that is, another five months. There are still 8 days left in November and 4 days in May. Plus, you need to include 14 days of vacation at your own expense in the calculation. The total is 26 days, which are rounded up to one full month.

Thus, the employee is entitled to compensation for 9 months or 21 days (28 days : 12 months 9 months).

However, often an integer number of days is not obtained as a result of the calculation. Meanwhile official rules no rounding here. Therefore, the traditionally calculated total value is taken with two decimal places. We emphasize - it is the final one. The fact is that we do not recommend rounding to two decimal places the number of vacation days due to the employee in one month, namely, using 2.33 days (28 days: 12 months) in the calculation. This leads to unjustifiable misstatements if the employee is entitled to more than one month's compensation.

If the company's management decides to round the number of days to whole units, then this should be done not according to the rules of arithmetic, but upwards. That is, it is impossible to pay compensation, say, not for 9.33 days, but for 9 days. If we round up, then up to 10 days. Confirmation of this is the letter of the Ministry of Health and Social Development of Russia dated December 7, 2005 No. 4334-17.

What vacation is due to an employee who has worked for at least 10.5 months

It happens that an employee at the time of dismissal worked in the company for 11 months or a little more. Nevertheless, he is entitled to a full vacation (clause 28 of the Rules). Of course, if he never used his right to rest.

But what about when an employee is fired after having worked, say, 10 months and 18 days? Or one (two, three, etc.) year 10 months and 18 days? What compensation is due to him for the last working year? Also complete. After all, paragraph 35 of the Rules says that surpluses that make up at least half a month are rounded up. So, in our case, the same 11 months are obtained.

Important detail

An employee who has worked at least 10.5 months in the last working year is entitled to a full vacation.

Example 3: Calculation of days of unused vacation if the employee worked 10.5 months in the last working year

N. P. Severov got a job at Volna LLC on February 1, 2010, and left on December 15, 2011. Vacation in the company is 28 calendar days. During his time at the company, Severov used 42 days. He did not have periods excluded from vacation experience.

The first working year is from February 1, 2010 to January 31, 2011. For him, the employee is entitled to 28 days of vacation. The second working year - from February 1 to December 15, 2011 (date of dismissal). It's 10 months and 15 days. This figure is rounded up to 11 months. This means that the employee is entitled to compensation as for a full year of work.

Thus, the employee is entitled to compensation for 14 calendar days (28 days 2 - 42 days).

Now consider this situation. Assume that an employee has completed a full year of work at the time of termination and has 28 unused calendar days of annual leave. He writes an application for vacation followed by dismissal, and the company satisfies this request. So, in this case, do not forget to pay the employee compensation for those 2.33 days of vacation that will be accumulated over the past 28 days. That is, during the holidays. After all, we recall that these days are included in the vacation period on a general basis, and the date of dismissal in this case is the last day of the vacation.

The main thing to remember

1. The time of past paid holidays, as well as periods of illness, regardless of their duration, are included in the vacation experience.

2. An employee who has worked for at least 10.5 months in a working year is entitled to a full vacation.

3. You can include no more than 14 days of vacation at your own expense for each working year in the vacation period.