How to correctly indicate for what period vacation is granted

We are sending you on vacation - we need an order

When granting leave to an employee, you must remember to make an order. This is the job of HR officers, and such an order must be made in advance, two weeks before the employee’s vacation begins. The vacationer must sign the order, thereby confirming that he was informed about the vacation (for more information, see “Order for vacation: sample 2017”).

To fill out an order, forms No. T-6 or No. T-6a are usually used, depending on how many workers go on vacation at the same time: one or several.

Period for vacation taken several years in advance

Legislation requires the provision of primary and additional leave annually (Article 122 of the Labor Code of the Russian Federation). However, it is possible to postpone the rest time at the initiative of the employer (with the employee’s consent) due to production needs for the next year (Article 124 of the Labor Code of the Russian Federation).

The next year, an employee who was not notified in a timely manner about the start of the rest period or who was not given vacation pay on time (Article 124 of the Labor Code of the Russian Federation) may require to shift their vacation.

Several days from the vacation may also be shifted to the next year if it (Articles 124, 125 of the Labor Code of the Russian Federation):

used in parts;
partially coincided with a period of illness or performance of government duties;
underutilized due to withdrawal from it at the request of the employer.

The use of vacation transferred to the next year (both full and partial) is allowed both in an independent period of time and by combining it with vacation (full or partial) of the next year (Articles 124, 125 of the Labor Code of the Russian Federation).

When drawing up an order for consolidated leave, it is necessary to clearly distribute the days of rest time by year in order to ensure transparency of accounting data on the use of rest time for each year. This is achieved either by the formation of 2 organizational and administrative documents, or one order, but with a division of vacation days in it in relation to years.

Fill in the column “for the period of work”

Sometimes, when drawing up a vacation order, HR specialists have difficulty filling out the column “for the period of work.” The work period means the working year for which the employee is granted leave.

It is important to understand that the working year usually has nothing to do with the calendar year. Since the employee has the right to vacation for each year of work in the organization, in this column of the order it is necessary to indicate the working year, vacation for which it is used (Article 122 of the Labor Code of the Russian Federation, letter of Rostrud dated June 14, 2012 No. 854-6-1).

So, for example, if an employee has not gone on vacation since he was hired, and he has accumulated vacations, then in the column “during the period of work” the employee’s first working year in the company should be indicated.

The employee started working on April 1, 2015. Since his employment, he has never been on vacation. In February 2021, he decided to take a vacation for 28 calendar days. The working year for which leave is granted will be the time interval from April 1, 2015 to March 30, 2021. It is these dates that the personnel officer must indicate in the order.

This is the general procedure for determining an employee’s working year. It applies, including when vacation is granted in advance (for more information, see “Order for vacation in advance: determining the working year”).

Let us add that there are cases when an employee experiences periods that do not entitle them to leave (for more information on this, see “Working year for annual leave: which periods are included”).

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Rationale

The right to leave must be indicated in the order, which is drawn up in free form, accepted in a specific organization or unified T6 (T6a). In the case where special documents about the beginning of the period are not drawn up, the order must be written no later than two weeks before its start, and the employee should be introduced to it.

Using an example, it is convenient to consider how to correctly indicate the vacation period. In the T6 form, write the working year. At the request of the employee, annual vacation can be postponed to a future period only if this coincides with the need for production, that is, if the vacation at a certain time will adversely affect the functioning of the company. Time granted for previous years may be granted for the current year. There are no conditions in the law under which they must be implemented in chronological order.

Period of work in the vacation order

Dear expert, I have a question about vacations. Employee Ivanova got a job on February 3, 2015. In 2015 went on vacation for the period of work from 02/3/2016 to 02/2/2016. for 28 cal. days from December 1, 2015 In 2016 OK indicates in the vacation order from 07/01/2016 on 14 cal. days for the period 02/03/2016 to 02/02/2017. Do I need to indicate the period 02/03/2016 to 08/02/2016? because there is a possibility that the employee may until February 2, 2017. quit?

Lyudmila Abramova answers,

expert

The HR department indicated the correct period of work.

The vacation order indicates the working year

. for which the employee is granted leave. The assumption that the employee may quit will not affect the determination of the period for which leave is granted.

Example No. 1

For clarity, we can consider a specific case. Accountant of the company A.A. Ivanov began work on December 11, 2015. Until December 10, 2016, he did not use his time, transferring it to the next year. Thus, in 2021 he can receive:

28 days for the period from December 11, 2015 to December 10, 2016;
28 days for the period from December 11, 2021 to December 10, 2017.

Ivanov was on vacation:

from June 3 to June 30, 2021 – 28 days;
from July 2 to July 15, 2021 – 14 days;
from October 6 to October 19, 2021 – 14 days.

When filling out T6, the accountant indicates the time when the vacation was granted, namely:

from 06/3/2017 to 06/30/2017 for the period of work from 12/11/2015 to 12/10/2016;
from 07/2/2017 to 07/15/2017 for work from 12/11/2016 to 12/10/2017;
from 10/6/2017 to 10/19/2017 for work from 12/11/2016 to 12/10/2017.

Period of work for vacation

Paid leave is provided to the employee annually. The order for the next paid leave indicates the period of work for which the employee is granted leave.

How is this period determined? The countdown starts from the date of hire.

Example 1. An employee was hired on August 15, 2010. The beginning of the work period for which leave will be granted. – 08/15/2010

Starting from August 15, 2010, the calendar year begins, for which the employee is granted leave. If you count one year from 08/15/2010. then the end of the period is 08/14/2011. This means that the period of work for which the employee will be granted the first leave: 08/15/2010 – 08/14/2011. But this is if the employee was not absent from work without good reason, was not on maternity leave, or on vacation without maintaining content exceeding 14 calendar days.

For the second and subsequent years, leave is granted at any time in accordance with the priority of provision established by the employer. The main thing is to comply with the condition - only one annual paid leave can be provided for one working year (work period).

Example 2. Inna Ivanovna Ivanova was hired as a secretary on September 10, 2009. Vacation for the period of work from September 10, 2009 to September 9, 2010 - 28 k.d. she used.

From November 19, 2010 to May 19, 2012, she was granted leave to care for her child until he was one and a half years old. How to calculate the period of work for which she should be granted the next vacation? If parental leave had not been provided, the period would have been 09/10/2010-09/09/2011.

In this period, there is length of service that gives the right to annual paid leave (09.10.2010 - 11.18.2010, it is equal to 2 months 8 days (2.26). Which is 28:12 * 2.26 = approximately 5 calendar days of vacation.

During this period, the employee is entitled to leave of 5 calendar days.

The next period for granting leave is 09/10/2011-09/09/2012. Until May 19, 2012, the employee continued to be on maternity leave. The time of parental leave is not included in the length of service that gives the right to annual basic paid leave (Article 121 of the Labor Code of the Russian Federation). The period of work from 05/20/2012 to 09/09/2012 is included in the vacation experience. Which is 3 months 19 days or 3.63 months. During this period, the employee’s vacation will be 8 calendar days.

In addition to the order for granting leave, the period of work for which leave was granted is indicated in the employee’s personal card

Example No. 3

Another situation is when the employee also has days for which the length of service was excluded. Thus, economist V.V. Volkova started work on February 11, 2021. Thus, her first year lasted until February 10, 2021. During this time, the employee received her annual vacation.

From March 3 to March 24, she was given leave at her own expense, that is, lasting 22 days. However, only 14 days of service will count towards the paid period. The remaining 8 days will be excluded from the length of service. She will be granted standard leave in December 2021.

When filling out T6, the accountant recorded the time during which the employee was given rest: from February 11, 2021 to February 18, 2021. Thus, the end of the period moved by 8 days.

“Period of work for vacation”

Good afternoon What legal norms and articles of the Labor Code should be referred to when determining the period for annual leave? This is the situation: the period for providing annual leave to an employee is from December 15, 2014 to December 14, 2015. The employee was not fired, but on June 15, 2015, his employment contract expired, and the term of the contract was changed by an additional agreement. I know for sure that the vacation period remains the same. But the employee has a different opinion. How can I document my case?

July 20, 2015, 20:06

Elena, if a fixed-term contract was drawn up, but the employee was not fired, then it will be transformed into an indefinite one. Operating period from 12/15/2014 – 12/14/2015. The employee was not fired, compensation was not paid for the vacation, which means he continued to work and the period of work remains from December 15, 2014.

Good evening! Please explain whether the preferential length of service for a teacher (for calculating a pension for length of service) will include the period of work in an orphanage as a teacher-organizer at 0.5 rates for 6 months? Then there was 2 months of vacation, and in August I went to work at a school for 1.5 times as a teacher (that is, the standard hours worked out over the year or is it not added up from different places of work?)

January 9, 2021, 20:51

Marina, the period of working in an orphanage as a teacher-organizer at 0.5 rates will not be included in the preferential length of service. The period of working as a teacher will be included. It doesn’t matter here whether they worked at 1.5 rates. The production rate is not summed up for different periods of work. It is necessary that the production norm be met in each month.

January 13, 2021, 21:23

Hello. I carefully read your answers to the questions posed about the length of service of teachers, but, unfortunately, the thread is closed (I couldn’t find it anywhere in that thread), so I’m writing my question here. Please tell me if parental leave was divided into two parts: from the birth of a child to 1.5 years old and from 1.5 to 3 years old. The first leave was granted on 05/11/1992, and the second - immediately after the first, but in 1993 (by separate order), I didn’t go to work after the first one. Will the second leave be included in the teaching service? Thank you so much for all your attention and patience!

Working year for vacation: what periods are included in 2021

When an employee goes on annual leave, the leave order must indicate the working year for which it is provided. And although leave must be provided annually, you should not make the common mistake of your HR colleagues and confuse the calendar and working years.

The working year for annual leave is individual for each employee and depends on the date of hire. In addition, not all periods of working activity give the right to vacation, so the end of the employee’s working year may shift and not even once a year.

Experts from the Personnel System will tell you in detail how not to get confused in all the nuances and learn how to determine the working year of a vacation employee without errors in their new article.

From the article you will learn:

How to determine the individual working year of an employee that gives the right to vacation
What periods shift the end of the working year
How to determine the working year if the employee has periods that are not included in the vacation period
How to calculate the working year and length of service for vacation if the organization has reorganized
How to calculate the working year and length of service for vacation if an employee has transferred from another organization
How to calculate the working year and length of service for additional leave

How to determine the individual working year of an employee that gives the right to vacation

The employer is obliged to provide leave to the employee for each year of work (Article 122 of the Labor Code of the Russian Federation). Moreover, each employee has his own individual working year, for which he is provided with annual leave. This year is reflected in the “For the period” column of the vacation order.

The working year very rarely coincides with the calendar year. Only if the employee was hired on January 1. The fact is that the beginning of the first working year for vacation is counted from the date of employment. Let's give an example.

The employee got a job on December 1, 2021. His first working year, if there were no exceptional periods, which we will talk about a little later, is the period from December 1, 2021 to November 30, 2021.

The second working year is from December 1, 2021 to November 30, 2018, etc.

Thus, each employee has his own individual working year for annual leave purposes, which begins on the date of hire.

What periods shift the end of the working year giving the right to leave?

From time to time, employees' working years have to be calculated in a special manner. This need arises when an employee, within the framework of his individual working year, has periods that are not included in the length of service that gives the right to leave. What are these periods?

So, the length of service that entitles you to basic annual leave does not include:

periods of absence of an employee from work without good reason, i.e. all days of absenteeism, as well as cases listed in Article 76 of the Labor Code of the Russian Federation;
time of leave to care for a child up to 3 years. With the exception of periods of vacation, when the employee worked part-time during such vacation;
days of vacation without pay, provided that they collectively exceed 14 calendar days in a working (not calendar!) year.

All other periods of employment are included in the length of service giving the right to basic annual leave. In particular, these are:

time of actual work of the employee, both full-time and part-time;
a time when the employee did not actually work, but in accordance with the law, he retained his place of work. We are talking about time of illness, annual paid leave, maternity leave, holidays, days of medical examination and other similar periods;
a period of forced absenteeism due to illegal dismissal or suspension from work with subsequent reinstatement to the previous job;
the time of suspension from work of an employee who did not undergo a medical examination through no fault of his own;
days of vacation without pay, provided that their number in total does not exceed 14 calendar days during the working (not calendar!) year;
other periods.

Such rules are established in Article 121 of the Labor Code of the Russian Federation.

Advice from the Electronic Personnel System : the unique Personnel System calculator from the “Services” section of the Electronic Personnel System will help you quickly and without errors calculate working years and vacation balances. It is enough to enter the date of admission, the number of days of rest, information about excluded periods - and the calculation is ready without errors. Calculate an employee's working year right now>>>

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The period for which the next vacation is granted

For what period is regular leave granted as one of the forms of exercising the right to rest? To answer this question, it is not enough to turn to the Labor Code - you also need to study the explanations given below by the Ministry of Labor and Rostrud.

For what period of work is annual leave granted?

In accordance with Art. 37 of the Constitution, all workers have the right to rest, the implementation of which is carried out in various forms. In particular, as stated in Art. 21 Labor Code, employees go on vacation every year. It refers to the time of release from work duties for the purpose of rest, paid by the employer.

Basic leave is granted for the period of work during which the employee worked under an employment contract with one employer. According to Art. 122 Labor Code distinguishes several periods:

After 6 months from the beginning of the 1st year of work with the employer.

There are exceptions. The employer has the right to provide leave earlier at the request of the employee and is obliged to do this when the following person declares about early leave:

minor worker;
an employee who adopted a newborn (up to 3 months);
a woman before or after maternity leave (hereinafter referred to as Maternity leave);
a part-time employee receiving leave from his main job;
teacher of a disabled minor child;
a man while his wife is on leave under the BiR;
another worker who has received such a right on the basis of the law.

Every year from the 2nd year of work.

NOTE! When calculating the period in which vacation is provided, not the calendar year, but the working year is taken into account. Therefore, an employee can legally go on vacation for 28 (or more) days twice in a calendar year.

Basic principles for calculating vacation pay

Art. 139 of the Labor Code of the Russian Federation states that average earnings are calculated for 12 calendar months preceding the period during which the employee retains the average salary. In this case, a calendar month is considered to be the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive). Average daily earnings for vacation pay and compensation for unused vacations are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.3 (the average monthly number of calendar days).

Average daily earnings = Actual accrued salary for the billing period: 12: 29.3

Another key document that clarifies this issue is Decree of the Government of the Russian Federation dated December 24, 2007 No. 922. Clause 6 clarifies that if the employee did not have actual accrued wages or actually worked days for the billing period or for a period exceeding the billing period , or this period consisted of time excluded from the calculation period in accordance with paragraph 5 of the Resolution, the average earnings are determined based on the amount of wages actually accrued for the previous period, equal to the calculation period.

Examples of filling out the form

The administration of the enterprise is responsible for drawing up orders. This could be a HR specialist or a personal secretary. If the company is small, then the order is written by the manager himself.

If the person responsible for drawing up the order has not previously encountered the preparation of such documentation, then he is recommended to use an example.

A sample order for annual paid leave is available. An example of an order for additional rest is available for download here. A sample order for the provision of maternity leave is available.

Transferring vacation legally

The vacation schedule is mandatory for both the employer and the employee (Article 123 of the Labor Code of the Russian Federation). Therefore, both of them must follow it. All cases of transferring vacation are determined by law - in Art. 124 Labor Code of the Russian Federation. These cases include:

temporary disability of the employee;
the employee performs state duties during his annual paid leave, if the labor legislation provides for exemption from work for this purpose;
in other cases provided for by labor legislation and local regulations. For example, in the internal labor regulations in the “Rest time” section, a clause may be included that, upon a written application from the employee, vacation can be postponed to another period with the consent of the employer, but within the calendar year. In this case, the estimated and actual dates will not legally coincide;

if the employee was not paid in a timely manner for the duration of the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon a written application from the employee, is obliged to postpone the annual paid leave to another date agreed with the employee.

Compensation for unused vacation

In accordance with Art. 126 of the Labor Code of the Russian Federation, part of the annual paid leave exceeding 28 calendar days, upon a written application from the employee, can be replaced by monetary compensation. We are talking about disabled people, minors, pelagic workers and other workers who are entitled to leave of more than 28 days.

As for all other employees, even if they have not taken vacation for several years, they cannot replace these vacations with compensation. In accordance with Art. 127 of the Labor Code of the Russian Federation, compensation is possible only upon dismissal of an employee. This topic is discussed in more detail in the article Vacation compensation: when can vacation be replaced with money?

Changes

Once a document is approved by the manager, it cannot be changed . Even before the document has acquired legal force, changes can be made to it. But not after publication.

The only possible option in such a situation is to cancel one document and replace it with another . For example, if an employee expressed a reasonable desire to reschedule a vacation in a statement, then the original order is replaced with a new one. The same applies to drawing up a settlement note.

IMPORTANT. As has already been mentioned more than once, the structure of the document itself can be modified and redesigned to suit your own needs. But it is impossible to make changes to a ready-made document registered and signed by the head. This rule is immutable for everyone.

Unified form T-6 and T-6a

There are unified forms of vacation orders - T-6 and T-6a, ratified by Resolution of the State Statistics Committee of the Russian Federation No. 1 of January 5, 2004.

An order to grant leave to an employee, form T-6, is used when it comes to arranging leave for one person. If the vacation period is provided to a large number of personnel, then it is worth using the T-6a form. An enterprise order confirms the will of the manager and the employee’s consent to rest on the specified dates.

Vacation order forms T-6 and T-6a.

How to properly divide your vacation into parts?

In the vacation schedule, employers often indicate parts of the vacation. The norms of ILO Convention No. 132, namely Art. 8 allow this: “The division of annual leave with pay may be authorized by the competent authority or other appropriate authority in each country.”

In Part 1 of Art. 125 of the Labor Code of the Russian Federation states that, by agreement between the employee and the employer, annual paid leave can be divided into parts, and at least one of the parts of this leave must be at least 14 calendar days. Often the employer shows exactly this breakdown in the vacation schedule - 14 days and 14 days. Seeing this, the inspector from the GIT begins to ask questions. The employer has nothing to fear if he has “safety net” in the form of an agreement between the parties. If there are no agreements, then he may be brought to administrative liability under Part 1 of Art. 5.27 Code of Administrative Offences.

The continuous part of the annual paid leave (14 days), which is mentioned in paragraph 2 of Art. 8 of the ILO Convention, is granted and used no later than within one year, and the balance of annual paid leave no later than within 18 months after the end of the year for which the leave is granted.

In Art. 9 of ILO Convention No. 132 specifies that “any part of annual leave in excess of the established minimum duration may be deferred, with the consent of the employee, for a period exceeding that specified in paragraph 1 of this Article, but not exceeding certain separately established limits.”

If the employer violated the law and for some reason the employees were not given vacations for several years, then upon dismissal of these employees, the employer is obliged to pay them compensation for all unused vacations (Article 127 of the Labor Code of the Russian Federation). The concept of “burnt out” does not exist for a vacation.

Letter of Rostrud dated 06/08/2007 No. 1921-6 also recalls the preservation of the right to use all due annual paid leaves: “Annual leaves for previous working periods can be provided either as part of the leave schedule for the next calendar year, or by agreement between the employee and the employer.” .

At the time of inspection, the State Tax Inspectorate usually always requests a vacation schedule, while asking for employees’ personal cards (T-2) selectively. And we need to remember this. If an employer leaves a violation in the form of vacation arrears on his personal card, he can avoid problems, and if he enters the entire debt into the vacation schedule, then he actually voluntarily admits to violations.

For which holidays is an order drawn up?

The order is issued for the period of vacations and social guarantees, which are regulated by the Labor Code of the Russian Federation. These include:

main or annual (Articles 114-115);
additional (Articles 115-119);
unpaid , without maintenance (Article 128);
family: women, adoptive parents, family members, guardians (Articles 255-257);
part-time workers (Article 286);
other types of leave: educational, creative, sick leave.

The relevant regulations regulate leaves for various categories of workers, who also act on the basis of a unified order. For example, the laws “On the status of military personnel” 76-FZ dated 05/27/1998 as amended on 02/15/2016 (Article 11), “On State Civil Service” 79-FZ dated 07/27/2004 (Article 46), “On Education” 273-FZ of December 29, 2012 (Article 47), etc.