Employees of the personnel department almost every day have to deal with another employee.

At first glance, this work should not cause difficulties, but in fact there are many nuances that should not be forgotten. For example, vacation often coincides with the next holiday date, which is already recognized as a day off. Will the employee's vacation be extended in this case?

We will talk more about this in this article.

How are holidays transferred in accordance with the Legislation of the Russian Federation?

The time allocated to working citizens for rest - weekends, non-working holidays, allows the employee to escape from work, gain strength, so that in the future, having gone to work, work productively.

Sociologists say that the most favorable number of public holidays in a year is 15.

According to the Labor Code are taken into account in the calculation calendar days. That is, the official weekly weekend - Saturday and Sunday are included in the calculation.

But official holidays are not included. This means that if an employee's vacation coincides with the so-called red days of the calendar, this is the basis for extending the vacation.

Interesting fact: In some regions of the Russian Federation, religious holidays are officially recognized as non-working days. So, in the Smolensk region, Radunitsa (Easter of the Dead) - a holiday on which it is customary to commemorate deceased relatives, is officially considered a non-working day.

How can weekends and holidays affect the duration of a vacation?

Saturday and Sunday

An employee's vacation, one way or another, will coincide with several days off. Since these days are calendar days, they are also included in the vacation. Therefore, such a coincidence will not affect the duration of the vacation in any way.

Official holidays

In the event that an employee's vacation falls on a holiday date officially recognized as a day off, the duration of the vacation increases accordingly.

It is worth noting that holiday dates regional values ​​do not affect the duration of the vacation.

Rescheduled weekend

Sometimes holidays fall on a weekend - Saturday or Sunday. In this case, the holiday is usually transferred to Monday or another weekday. Such a non-working day will not affect the duration of the vacation.

Vacation duration calculation examples

Let's look at a few examples for each of the above cases:

Vacation coincides with weekly official holidays

Example 1

The employee is granted leave for a month (28 days). Vacation starts February 1, 2016. The most standard calculation scheme applies here, all calendar days of vacation will be taken into account, the end date of the employee's vacation is February 28, 2016. Start date is February 29, 2016.

Example 2

Many do not know that in order to extend the total duration of the vacation, the employee has the right to ask the employer to issue him a vacation only for working days.

An important point here is the attitude of the employer to this alignment of affairs. After all, in accordance with the Labor Code, the minimum duration of vacation is 14 days, but with the consent of the employer, an employee can take vacation for a smaller number of days.

The worker wrote an application for leave in five working days. The start of the employee's leave is April 4, 2016, the end date is April 8, 2016. The duration of the employee's rest is 7 days, since the weekend is a priori not working. The employee's start date is April 11, 2016. The employee will receive vacation pay in five days.

Vacation coincides with public holidays

Example 1

The employee takes a week off from June 8, 2015. Vacation falls on June 12 (Russia Day, which falls on Friday in 2015). Thus, the duration of the employee's rest is increased by 1 day. The start date is shifted from the 15th to the 16th.

Example 2

In the Saratov region, Radunitsa is a day off. The employee takes a vacation from April 13, 2015 for 2 weeks. The vacation coincides with the religious holiday - Easter of the Dead, which in 2015 will be celebrated on April 21, despite this number of days of rest, remains the same. Holidays of local importance do not affect the duration of the vacation.

Example 3

The employee goes on vacation from November 2, 2015 for a month (28 days). Vacation coincides with one of the official holidays - Day national unity, which the whole country will celebrate on November 4th. In this regard, the vacation will be extended by 1 day. The date of release of the vacationer to work is December 1, 2015.

Vacation coincides with postponed weekend

Example 1

The employee takes a vacation for 28 calendar days from February 16, 2015. During the holiday period there are two official holidays- 23 February and 8 March. The employee's vacation is extended by one day, since February 23 falls on a Monday. International Women's Day falls on Sunday, so this holiday will not affect the duration of the employee's vacation.

Leave is calculated in calendar days, the duration of the main annual leave is 28 days, but this period often includes holidays. These days are indicated in Art. 112 of the Labor Code of the Russian Federation. There are 15 public holidays in a year. Consider how profitable it is to take a vacation that falls on holidays and whether it is possible to take a vacation from a weekend.

The procedure for granting the next vacation.

The start date of the next vacation is approved in the vacation schedule. They develop a schedule and agree on it in December, 14 days before the start of the new year. Not later than two weeks, the employee must be notified against signature of the onset of vacation. The vacation schedule is mandatory for both the employer and the employee.

In accordance with Art. 120 of the Labor Code of the Russian Federation, vacation time is calculated in calendar days, which include regular weekends (Saturday and Sunday, with a five-day working week), but do not include non-working holidays.

Features of calculating the duration of the next vacation

For the correct calculation of the days of the next vacation, you should pay attention to a number of nuances:

• A holiday, approved by the legislation of the Russian Federation, falling on the period of the next vacation, is not included in the number of paid days, but the vacation is extended.
• Regional holidays, which are considered days off in the constituent entities of the Russian Federation, are also not included in the number of vacation days, respectively, the vacation is extended.
• When calculating the duration of rest, days off are taken into account, since vacation is provided in calendar days.

Let's start with a holiday

The vacation schedule is sometimes drawn up in such a way that the start date of the annual vacation falls on a non-working holiday or weekend. It should be remembered that non-working holidays are not included in the counted number of calendar days, so choosing the start date for the vacation will not be entirely rational. Let's find out if a vacation can start on a weekend. It is possible to grant leave from a holiday or day off to an employee, the legislator does not prohibit this.

Consider the following two situations:

• Vacation starts on a holiday. In the order, we write the date from which the vacation begins according to the vacation schedule. In fact, the vacation will begin the next day after the holiday.
• Vacation starts on a weekend. In the order, the start date of the vacation is also indicated according to the schedule. Leave begins in accordance with the order. The day off from which the vacation begins is included in the days of rest and is taken into account when calculating its duration.

It should be noted that rest for a holiday coinciding with a weekend on Saturday or Sunday is transferred by order of the Government of the Russian Federation to the next working day. If the vacation begins with the usual days off according to the work schedule, then there may be a feeling that these days are “lost”, but this is not entirely true. The actual duration of rest is reduced, but vacation pay is accrued, days are considered part of the paid rest time.

Vacation pay for holidays and weekends

Ordinary days off included in the calendar days of vacation are paid in accordance with the average earnings of the employee. At the same time, although non-working holidays at the federal level increase the time of the vacation period, payment for them is not made.

In a specific example, it looks like this.
An employee's vacation starts on March 4 and lasts 20 days. Since this interval includes Public Holiday On March 8, which is a non-working day, it will be necessary to go to work not on March 24, but on March 25. But only if in current year March 8 falls on a weekday. If it is Saturday or Sunday, then the holiday is moved to Monday, and the employee starts working again from the 24th. And regardless of what day of the week the holiday is, vacation pay will be paid for 20 days, since a holiday non-working day is not included in the calculation of vacation pay.

Holidays, vacation and financial gain

The vacation schedule is not always drawn up taking into account the opinion of the employee. Therefore, you can go on your next vacation in January or May, when there are many holidays. Employees often worry about whether they will lose wages when holidays fall on vacation and whether it is possible to take vacation from a day off. Holidays, although not paid, should still be provided to the employee. Therefore, the number of holidays falling on the vacation period automatically extends it. Holiday pay is also charged in full. In this sense, the employee does not receive any benefit.

How to issue an order if holidays fall during the vacation period?

There are several nuances that some smart workers use. They plan to start the holiday from the weekend. It turns out 28 days start from Saturday, we count 4 weeks. It turns out that the vacation ended on Friday, respectively, there are still 2 days off ahead, so we get 30 days of rest continuously.

According to the Labor Code, you can break the vacation into parts. A prerequisite is the fact that one of such parts must not be less than fourteen days. The rest can be distributed at your own discretion, including one day at a time. If an employee has accumulated a significant number of unused vacation days, then they can be issued for Saturdays and Sundays, if, for example, the employee himself wishes. This is financially beneficial, as vacation pay is paid and accrued wage in full.

The lawyer will answer your questions in the comments to the article

Last modified: January 2020

Often, workers who are going to take a break from their official duties, questions arise: are holidays included in vacation, how are they considered when paying? The article will provide answers to the questions posed.

Personnel specialists are guided by the provisions of Art. 112 of the Labor Code of the Russian Federation. V Russian Federation holidays are celebrated: January 1-8, February 23, March 8, May 1, May 9, June 12, November 4.

According to Art. 120 of the Labor Code of the Russian Federation, if the holidays fall on the main, additional leave provided to the worker every year, they are not included during the rest.

The accountant will calculate the amount of vacation pay due to the employee by multiplying the average daily earnings of the last 12 calendar months by the number of days provided. The amount of the accrued amount, if the holiday falls on a vacation, remains unchanged.

Are public holidays considered on non-annual leave?

If the employee is given any of the periods:, for pregnancy and childbirth, student? Are holiday days added to them? The provisions of Article 120 of the Labor Code of the Russian Federation do not affect the listed intervals.

These days are taken into account as usual, vacation time is provided for a set period: sessions, pregnancy, childbirth, until the age of 1.5, three years of age of the child, for a certain number of days requested by employees from the administration, therefore they are paid like others.

The amount paid to an employee called to pass a session is calculated as follows: the average daily earnings for the last 12 months are multiplied by the number of all days of the term.

The roofer, Antonov S.Yu., was summoned to the educational institution from 10/05/2017 to 10/18/2017. Accruals for the period from 10/01/2017 to 09/30/2017 amounted to 364,960.8 rubles. Average daily earnings will be:

364960.8:12:29.3 \u003d 1038 rubles, where 29.3 is the average number of calendar days in a month.

The amount of vacation pay due will be, all days are taken into account:

1038 * 14 \u003d 14532 rubles.

Is vacation extended for public holidays?

Based on the provisions of Article 120 of the Labor Code of the Russian Federation, the date the employee appears at the workplace is transferred to the number of such days. For counting, personnel officers use a production calendar.

The locksmith, Ivanov P.V., can rest annually for 28 calendar days, paid by the employer. If the start falls on November 1, Ivanov must go to work on November 29: he does not turn on on November 4.

The situation is convenient for workers: if vacation falls on holidays, they are added. The period during which the worker rests continuously is extended.

Labor legislation does not prohibit the start date of the vacation period to be a holiday, for example, June 12, 2018. When determining the exit date, the HR specialist will exclude the day that is not taken into account. If an employee is given an annual paid period when he can take two weeks off, the date of entry to work will be June 27, 2018.

How holidays are considered on vacation without pay

The HR specialist needs to take into account some features. This is due to the fact that the sum of the days of such a period, in excess of 14 in the working year, is not included in the length of service for rest (established by Article 121 of the Labor Code of the Russian Federation).

Holidays, weekends that fell on the time of unpaid rest are included in its duration. To avoid this situation, you need to break the interval into parts that exclude these days.

Let's say Sevastyanov F.A. you need to leave your workplace for family reasons from March 5 to March 16. He must apply, asking for two unpaid periods: from March 5 to 7, from 12 to 16. Instead of 12 days, he uses 8.

How are they paid

Payment is made as per working days. If a worker receives a salary, his salary will remain unchanged. For piecework workers, the administration of the enterprise establishes compensation.

Summarizing the above, it should be noted: the employee does not need to know all the nuances. As a rule, an employee turns to a specialist responsible for keeping time records at an enterprise, in a department, an employee of the personnel service, who has information on how to properly draw up documents. They will help the employee to write a statement correctly, prepare an order, and clarify incomprehensible points.

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The duration of annual basic and additional paid vacations is calculated in calendar days, which include weekends. Non-working holidays falling on the period of the annual main or additional vacation are not included in the number of calendar days of vacation (part 1 of article 120 of the Labor Code of the Russian Federation).

Standard situation

You go on vacation, during which there are days off (for example, for two weeks).

Example. Calculation of vacation duration in calendar days

If an employee goes on vacation for 14 days from May 25, 2017, then the vacation end date will be June 7. Days off May 27, 28 and June 3, 4 are included in the vacation, as they fall on his period.

Sometimes the main or additional leave is granted in working days, for example, to judges, seasonal workers (paragraph 2 of article 19 of the Law of 06/26/1992 N 3132-1; article 295 of the Labor Code of the Russian Federation). In this case, the calculation of vacation days is based on a six-day working week. That is, vacation days include one day off a week - Saturday (part 5 of article 139 of the Labor Code of the Russian Federation).

Example. Calculation of vacation duration in working days

An employee who is granted leave in working days decided to take it from January 18, 2017 for 14 working days. The end date will be February 2nd. The vacation will include two days off - January 21 and 28.

Vacation with weekends and holidays

You go on annual leave, which includes both weekends and non-working holidays. In this case, days off are included in vacation, but holidays are not (Article 112, Part 1, Article 120 of the Labor Code of the Russian Federation).

Example. Calculation of vacation duration with weekends and holidays

If an employee goes on vacation for 14 calendar days from June 8, 2017, then the end date of the vacation will be June 22, because:

- June 12 holiday is not included in the holiday. The end date of the holiday is shifted by a day.

Vacation with postponed days off

A day off can be transferred to any working day, due to the fact that it coincided with a holiday (part 2 of article 112 of the Labor Code of the Russian Federation).

If your holiday period includes a rescheduled weekend, the end date of the holiday does not change.

Example. Calculation of the duration of a vacation with a postponed weekend

If an employee goes on vacation for seven calendar days from May 2, 2017, then the date of return to work will be May 10, because:

- May 8 - postponed day off from January 7, included in vacation days and is the last day of vacation ( Decree Government of the Russian Federation dated 04.08.2016 N 756);

- May 9 - non-working holiday ( Part 1 Art. 112 of the Labor Code of the Russian Federation).

Holidays that do not include weekends

If the employer agrees to give you a vacation of a specific duration, and the days off are not included in this period (for example, vacation from Monday to Friday), then the days off will not automatically join the vacation.

Example. Calculation of the duration of vacation without days off

If you agreed with your employer to leave for five days from April 17, 2017, then the end date of the vacation will be April 21. Weekends on April 22, 23 are not included in the holiday, as they do not fall within the agreed holiday period.

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According to the current Russian legislation, 28 calendar days are allotted for vacation every year, in other words, four weeks, that is, almost a month. As a rule, it is divided into two equal holidays, two weeks each, respectively. But sometimes you really want to relax a little longer, at least for a couple of days.

Indeed, after hard working days, about a week is spent on psychological, and sometimes physical recovery, and only the second week can actually become the very vacation when any weather pleases, and the strength to go somewhere appears.

My friend told me that she takes holidays and weekends off to increase her time off. These words baffled me, and I was a little confused.

Is it really true that holidays and weekends are then separately replenished and can extend the vacation? If this is indeed the case, then why have I never heard anything like this from anyone else in my entire life?

Along with these questions, a little later, another one appeared, which is very important for me, as for a working person.

Will this extra day or even days be paid. Of course, we are talking about a small amount, but still I would like to understand the issue most thoroughly.

To begin with, let me remind you that a person can get a vacation at an 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 of all employees must be drawn up in advance and approved in a special document issued through the personnel 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 one in which this vacation is planned.

Moreover, as already mentioned, each employee is entitled to 28 calendar days for 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 both completely and divided into several parts.

It is also worth noting that some categories of citizens, depending on the organization, the position they hold or the profession in which they work, have the right to a longer vacation. For example, teachers have the opportunity to rest 54 days every year, which is almost 2 times more than other people. What caused this, I think, is clear to everyone.

Speaking about vacation pay, the following two points should be singled out separately:

1. First, the amount of vacation pay. It is the average salary of a person for the previous year;
2. Secondly, the timing of the 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 worked out just those very necessary 6 months. Employers sometimes say that they are ready to pay only half of the supposed vacation, that is, 14 days. In fact, according to Russian law, such actions on his part are not lawful.

Paid leave is not issued in proportion to the time that a person is officially employed in this organization, but only in a single order - every year for 28 days.

Paid leave may also be granted earlier. when half a year will be worked out, by special agreement with the authorities.

Vacation on public holidays

If vacation days coincide with holidays, both with those listed in the list of main ones and with additional ones, then such days are not counted as vacation. It turns out that they will not be paid for as for any other day of vacation, but they bring additional days of rest.

The main annual holidays are:

• January 1, 2, 3, 4, 5, 6, 8 - holidays for the New Year;
• January 7 - Christmas;
• February 23;
• March 8;
• 1st of May;
• May 9;
• 12 June;
• November 4th.

In addition to these days, some other holidays are also possible, operating, for example, only in certain regions, regions, republics or cities (for example, City Day), religious holidays are also possible.

However, according to Russian law, such days, that is, those that are not annual holidays, cannot be included in the number of vacation days and are most often calculated as ordinary days off. It turns out. that such a day will be paid, but it will not give an additional day of rest.

This situation, it seems to me, is approximately beneficial to both parties - both the employer and the employee. It turns out that the authorities do not have to pay extra for these days, but the working people receive a bonus in the form of a couple of days off, which, perhaps, were not previously provided.

Vacation on days off

First of all, what are weekends? As a rule, the working week lasts 5 days, and the remaining two, namely Saturday and Sunday, people have a rest, but there are other situations when the working week lasts, for example, 6 days, and the day off is only one day.

There are also places of work where, in principle, there is no such a normalized schedule. In all these cases, however, there is the concept of "weekends". And the next question arises - are weekends counted as vacation days?

This question has two directions - firstly, will these days be paid as days of legal paid leave, and secondly, is it possible to make your vacation longer at their expense.

Answering the first question, yes, they will be paid in the same way as other vacation days. As for the second question, there is such an opportunity only if you take a vacation right after the weekend, but these days off will not be paid as a vacation, but it will be possible to extend the long-awaited vacation.

Holiday and day off coincided

It is also possible that some holidays fall on weekends, and since this holiday still needs to be organized by the whole country, it is sometimes postponed to another date. Sometimes completely unexpected, not at all standing next to with its actual date.

For example, January 1, which fell on Sunday, was once moved to February 24, that is, it was shifted by 2 months. What happens to vacation days and payments in the event of such an occurrence.

If the vacation fell on the date when the holiday actually occurs, that is, for example, on the same January 1 on Sunday, then this day will be counted as a vacation day, included in the number of vacation days and paid along with them.

With the day on which this day off is postponed, the situation is similar. In our case, this is February 24, it will be counted as an ordinary vacation day, that is, the vacation will not be extended, but this day will also be paid as expected.

So, in the end, we have that in some ways my friend was right, a vacation coinciding with holidays (although it should be understood that we are talking only about the main annual holidays common to the entire country), and the truth will last a little longer, but it's just that the weekend does not affect this factor in any way, except for the fact that if the vacation starts the next day after the weekend, then the feeling of relaxation can be extended.

To summarize, it turns out that weekends are counted as vacation days, which means that they do not extend the vacation and other days of this vacation are also paid, and holidays work in this case the other way around.