May holidays and vacation: how to calculate when to go to work

Vacation on a holiday is a situation in which the days listed in Article 112 of the Labor Code of the Russian Federation fall within the vacation period. There are especially many such days in May, and citizens, when planning a vacation, expect to extend it due to additional days off allocated by the state. But the closer the May holidays come, the more questions arise. PPT.RU experts have prepared answers to the 10 most common ones.

The government adopted a decree on postponing weekends in such a way that the May holidays in 2021 turn into real vacations: January 4 and 5, which fell on weekends, were moved to May 4 and 5, so everyone rests from the 1st to the 5th. From May 6 to 8, Russians work, and then rest for another three days (9–11.05).

When the decision was made about holidays in 2021, no one expected the coronavirus pandemic. But the situation has changed, and taking into account Presidential Decree No. 239 of 04/02/2020 “On measures to ensure the sanitary and epidemiological well-being of the population on the territory of the Russian Federation in connection with the spread of the new coronavirus infection (COVID-19)”, Russians were given non-working days with continued pay from April 4 to April 30.

Please note that the decree does not apply to a number of continuously operating enterprises, companies that provide the population with necessary food and industrial goods, as well as to workers who, in agreement with management, work remotely. For them, the scheme of working and non-working days at the beginning of the month looks like this (holidays are marked in red, working days are in black, and working days are in blue, but shortened by one hour).

Let's take a closer look at whether vacation is extended if it falls on holidays in 2021, and how these unprecedentedly long weekends affect the duration of the May holidays.

Due to which weekends and holidays will the vacation be extended?

Weekends must be taken into account in the number of vacation days. If official holidays fall within this period, they are not counted and are not paid. The question of whether vacation is extended if it falls on holidays in 2021 is answered by Article 120 of the Labor Code, and this rule applies to both the next annual paid rest period and additional time. When there are public holidays in the vacation period, the time of the prescribed vacation is extended by as many days as coincides with the holidays.

The official list of holidays is given in Art. 122 Labor Code:

• January 1, 2, 3, 4, 5, 6 and 8 – New Year holidays;
• 7.01 – Nativity of Christ;
• 23.02 – Defender of the Fatherland Day;
• 8.08 – International Women's Day;
• 1.05 – Spring and Labor Day;
• 9.05 – Victory Day;
• 12.06 – Russia Day;
• 4.11 – Day of National Unity.

These are not all possible holidays. In some regions there are additional days that are officially recognized as holidays and non-working days in the territory of a particular subject of the Russian Federation.

Subtleties of the question

Holiday leave raises many questions, which often arise precisely in connection with the combination of holidays and legal days off in long periods of release.

In particular, many do not know how to take leave without pay or for the duration of sessional classes during these periods.

If the employee took days at his own expense

By virtue of Article 128 of the Labor Code of the Russian Federation, administrative leave, as a rule, is granted in agreement with management.

However, some categories of workers who are beneficiaries can use this period at any time convenient for them, that is, even during the May holidays.

At the same time, the rule regulating the transfer of holidays during vacation applies only to annual paid vacation, and not to a period without pay due to the fact that annual vacation is provided specifically for recreation, and administrative leave is provided for resolving personal issues.

How many calendar days of vacation are required per year? Read our article. How to correct an entry in the work book upon dismissal? Find out here.

How does the January transfer of days affect the calculation?

In 2021, the Government quite competently ordered the postponement of weekends in order to rationally use the holiday.

Namely:

• January 1, which coincided with Sunday, was moved to February 24, thus increasing the February weekend along with Defender's Day to 4 days.
• On January 7, which also fell on a day off (Saturday), in accordance with Resolution No. 756, it was supposed to be implemented on 8.05.

That is, given that May 8 is a day off, even taking into account the postponement of Christmas, only May 1 and May 9 are subject to payment and transfer to the end of the holiday.

If an employee goes to study

In accordance with Article 120 of the Labor Code of the Russian Federation, holidays are not included only in the annual vacation, therefore, if a worker has taken out a student leave, the holidays cannot be transferred and the period of sessional classes will be paid in full accordance with the dates specified in the call certificate, and no more.

If the boss won't let you go

By virtue of Article 123 of the Labor Code of the Russian Federation, each company creates a vacation schedule, which is binding on both parties.

That is, if the planned rest period falls in May, management is obliged to provide the employee with leave.

However, if, due to production needs, the implementation of rest during the agreed period is impractical, within the framework of Article 124 of the Labor Code of the Russian Federation, it is allowed to postpone the rest to another time, but only with the consent of the worker.

If consent is not obtained, and the manager nevertheless still refuses to grant leave, the employee has the right to file a complaint about a violation of his rights with the Labor Inspectorate.

If the employee works part-time

Under Article 93 of the Labor Code of the Russian Federation, part-time work does not entail a reduction in the amount of guarantees established by law.

That is, regardless of whether the employee works 0.5 times or even 0.25 shifts, the vacation is issued in full, that is, for 28 days, taking into account the postponement of the same May holidays.

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• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Vacation

How to correctly calculate the vacation period in May

For correct calculation, let’s determine which days May 2020 consists of:

• 17 working days;
• 12 days off;
• 2 holidays.

In addition to regular weekends, May holidays and non-working days fall from 1.05 to 5.05 and from 9.05 to 11.05.

May 1 and May 9 are federal holidays that are not included in the number of days of annual rest and are not paid. If the vacation includes holidays, the vacation is increased by the number of days that coincided with the holidays.

The Saturday 9.05 day off was moved to 11.05. And May 4 and 5 are the weekends moved from January 4 and 5. These and other days are included in the calculation and paid.

The 6th, 7th, 8th are regular working days in May, and the 8th is a pre-holiday day, shortened by 1 hour.

IMPORTANT!

If you want to rest longer, but save annual paid days for rest at other times, you can write an application for three days - from 6.05 to 8.05. This will give you 11 legal vacation days. Just remember that one portion of your annual paid vacation time must be at least 14 days.

Accounting for holidays when calculating

As a rule, when calculating the vacation period in accounting, calendar accounting is used. This means that weekends will not be carried over. The situation is completely different if there is a holiday during the rest period. In this case, the holiday is postponed. The postponed days are added to the end of the vacation, and as a result it becomes longer by the number of holidays during the vacation.

Postponing holidays during the vacation period is not the employer’s right, but his direct responsibility. That is, the rest period must be extended.

Things are completely different with transfers. In Russia there is a certain norm according to which a holiday that falls on a weekend must be postponed in any case. Those. an employee can celebrate a holiday and keep the day off, which is required by law.

Holidays are added to the end of the vacation, increasing it

The law assumes that transfers are not taken into account in the length of the vacation period. And the calculated duration of rest can be extended only by the number of holidays that fell during the vacation.

What to write in a vacation application in May

Let's give an example of how to write a statement. You want to rest for a certain number of days: from 1.05 to 14 calendar days.

In the text of the application, write: “I ask you to provide me with annual paid leave from May 1, 2021, lasting 14 calendar days.”

Taking into account the May holidays, you will have a little longer rest.

Let's calculate when to go to work if the vacation falls on May 9, 2021: The 1st and 9th are not taken into account and are not paid, so the 15th and 16th are added to the vacation time - the application is written for 14 calendar days. 4.05 and 5.05 are taken into account in the calculation - these are regular weekends postponed from January. In this case, going to work will take place on 17.05 (Sun.), if on schedule, or 18.05 (Mon.), if on a five-day week.

Useful: sample and instructions for writing a vacation application.

Is it possible to take May 6–8 and rest for 11 days?

The Labor Code does not contain prohibitions on such actions.

Example

Sidorov S.S. wrote a statement:

Please provide me with another paid leave from 05/06/2020 for 3 calendar days.

Sidorov will get a mini-vacation of 11 calendar days using only three vacation days. Of all the options described in the article, this is the most profitable in terms of saving days. But there are two restrictions:

• the employer agrees to let Sidorov go (and if he does not agree, it is useless to insist);
• When dividing the rest period, we must not forget that one part of it should be at least two weeks continuously.

Examples of when to return to work from vacation

Example 1.

If an employee has expressed a desire to rest for seven calendar days, starting from 01.05, then he will receive not 7 days of rest, but 11: for the period from 01.05 to 07.05 there is one holiday - 01.05, and the vacation day from this date is transferred to 08.05, and the day off to work - 09.05. But this is also a holiday, followed by two more days off. Therefore, the employee will go to work on May 12.

Example 2.

If an employee writes an application indicating the period from 6.05 to 8.05 or from 6.05 for three calendar days, then he will have the opportunity to rest for eleven days: he will use only three days of the next paid rest and will start work on 12.05.

Example 3.

The employee decides to go on vacation at the end of April. The first day to return to work if you have a two-week vacation from April 28, 2021 is May 14. May Day and Victory Day will extend the holidays by two days, so the employee will return to the office not on May 12, but on May 14.

How to relax longer and spend fewer vacation days

The most economical way for those who continue to work as usual or remotely is this: from April 29 for nine days. Statement wording:

Please provide me with another paid leave from April 29, 2020 for 9 calendar days.

The calculation is as follows: nine days end on May 7, the May Day day off is moved to the 8th, then three days of rest in accordance with the production calendar. Leave for work on 12.05. I've been off work for almost two weeks.

How is vacation paid in May?

Cash payments are calculated using the formula:

Salary = Average daily earnings X number of vacation days

In May 2021, only 2 official holidays are not taken into account: the 1st and the 9th. They are not paid, and the vacation is extended by 2 days if the employee did not indicate a specific end date in the application. Other non-working days are calculated in the usual format.

Formula for calculating average earnings:

Average earnings = Income for the previous 12 months / 12 months / 29.3 (monthly average days)

Only payments for time worked are taken into account. Vacation pay, sick leave, business trips and other social benefits are not taken into account.

Payment nuances

Under Article 139 of the Labor Code of the Russian Federation, vacation pay is calculated according to the average tariff for the last year preceding the vacation.

In this case, holidays are not subject to payment, given that they are not included in the vacation itself, but are only added to it.

One more important aspect should be taken into account, namely the payment system, which also plays an important role.

With salary

For example, if the company has established salaries, the employee will receive the amount established by local regulations regardless of how many working days are present in the month.

That is, in the same May, a worker’s salary will not differ from January or February, which are also burdened with holidays.

This will not affect the amount of vacation pay, given that they will be calculated based on average earnings for the year.

When working piecework

But with piecework payment, the amount will be different, given that with such a system, earnings depend on the number of products produced during the reporting period.

Consequently, in each month throughout the year, the employee will receive a different amount, which, when calculating vacation pay, will naturally, in accordance with the law, be converted into an average amount.

Comparison with other months (example)

Let’s say that with a salary system, an employee’s monthly earnings are 15 thousand, to which will be added a quarterly bonus of 50% and a bonus for intensive work of 10% monthly.

• 15000 x 12 = 180000
• 15000 x 10% x 12 = 18000
• 15000 x 50% x 4 = 30000

Thus, the annual earnings will be: 228,000, and the average monthly earnings will be 19,000 thousand.

When paying piecework, the worker will be charged the following amounts:

• January – 12000
• February – 14000
• March – 15,000 + bonus 3,000 (for exceeding the plan)4
• April – 16000 + bonus 4000
• May – 13000
• June – 14000
• July – 16000 + bonus 4000
• August – 15000 + bonus 2000
• September – 14000
• October – 15000 + bonus 3000
• November – 14000
• December – 15,000 + bonus 7,000 (based on year results).

Thus, in a year a worker will earn 194,000, and in a full month - 16,333 rubles.

Example of calculating vacation pay for May

Examples of calculating vacation pay in May 2021, which will help you understand which option is profitable from a monetary point of view, and which one is beneficial for saving vacation days.

Earnings of employee Vasilyeva V.V. for the previous calendar year amounted to 1,350,000 (one million three hundred fifty thousand) rubles. Salary - 120,000 rubles. She was not sick, she worked 40 hours a week. I rested in October 2021 (from October 7 to October 20) - 14 days, vacation pay was accrued at 120,000 rubles.

First, let's calculate the number of days in October to calculate vacation pay = 29.3 / 31 x 13 = 12.28 days

Average daily earnings = (1,350,000 - 120,000) / (11 x 29.3 + 12.28) = 1,230,000 / 334.58 = 3,676.25 rubles.

Option 1: rest from 01.05 for 14 days.

Option 2: rest from 01.05 to 14.05.

Option 3: rest from 06.05 to 08.05

For financial reasons, it is more profitable to rest from 01.05 for 14 days. From the point of view of saving vacation days, the third option is preferable.

If the vacation occurred during the May holidays

May holidays are considered the second longest weekend. This is explained by the fact that at the beginning of May two holidays are celebrated - May 1 and May 9. In this case, calculating days for rest will be more difficult, which is associated with several weekdays between holidays.

For example, in 2021, some holiday dates were postponed to the following months. Since Christmas was celebrated on a Sunday, the day off was moved to May 2 to combine the May 1 celebration with the day off. Also, on April 30, it was necessary to work on April 28 on Saturday, which made it possible to extend the weekend from April 29 to May 2 and go to work on May 3.

For example, an employee is going to go on vacation on April 30, 2018, the duration of which will be 2 weeks. The last working day falls on 04/28/18 (rescheduled working day). After that, he rests for one day off on Sunday, and the vacation begins on 04/30/18.

If holidays fall on weekends, they are postponed

Similar to the New Year holidays, there was no need to go to work on 05/14/18, since a person rests on April 30, as well as on May 1, 9. Additional four uncounted holiday dates make it possible to start working only on 05/18/18. In general, the duration of the vacation will be 19 days, namely from 04/29/18 to 05/17/18 inclusive. Of this number, 2 weeks are considered paid.

Russian government bodies are continuously developing acts and norms that fully reflect the full list of holidays that are officially considered days off.

On a note! Do not forget that regular days off are not considered a reason to extend your vacation and are included in the total number of days of the vacation period.

“Regular” days off do not extend vacation

To prevent a long period of employee absence, most companies do not take time periods into account when planning vacation plans. Moreover, regular attempts by an employee to take time off during holidays will sooner or later be noticed by management, whose further reaction may be unexpected.

How will the period of self-isolation affect your next vacation?

How will coronavirus affect future holiday periods?

Much depends on what decision your employer made during the self-isolation period. If you still work or receive a salary while being at home in self-isolation, then there are no consequences.

Perhaps your company took the path of registering forced downtime and sent all employees on 2/3 of their salary. Then, accordingly, your next vacation payments will be less. Because the time of forced downtime is included in the vacation period and affects the amount of vacation pay.

And if your employer gently and insinuatingly forced you to write an application for leave without pay, then your working year, which gives the right to the next leave, will be longer. Since leave without pay is a period excluded from the vacation period. However, this will not affect the amount of vacation pay.

How will quarantine sick leave affect subsequent vacation pay? Absolutely no way! After all, periods of illness are deducted from the calculation, as is cash payment for sick leave, without lengthening your working year.

Read also

22.04.2020

Vacation is non-working time, calculated in calendar days.

By virtue of Articles 106-107 of the Labor Code of the Russian Federation, vacation refers to rest time, that is, to the time during which the employee is free from performing work duties and which he can use at his own discretion.
This is non-working time. All days falling on vacation are non-working days for the employee and the sliding schedule does not apply to an employee on vacation. The annual basic paid leave is calculated in calendar days (Article 120 of the Labor Code of the Russian Federation) and its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

conclusions

• In the first option, the employee will be able to receive maximum income taking into account vacation pay. If you focus on the possibility of saving paid vacation days, then the second vacation registration scheme will be optimal. This option will allow you to rest longer than the vacation days will be written off, but will not have a significant impact on the overall level of earnings.
• The method of taking leave given in the third or fourth example is considered the least beneficial for the employee. Rest time is extended by 1 day, which cannot significantly affect the length of stay outside the workplace. But the person will end up receiving less money due to the loss of part of his salary.

Possible difficulties with management regarding the upcoming vacation

As a rule, every enterprise has a vacation plan. 14 days before the end of the year, management must sign the drawn up schedule, which all employees will have to familiarize themselves with in the future. It is according to this schedule that employees will go on well-deserved leave throughout the year. It is possible to change the deadlines, but there must be compelling reasons for this and the employee’s consent must be given. For some reason, this point is often not taken into account by management, and the vacation period is changed more than once during the year and only at the request of the employer.

Art. 123 of the Labor Code of the Russian Federation provides that the employee must be notified of the start of vacation at least 14 days before it. The vacation schedule for management is mandatory, but violations constantly occur in this matter. If management constantly postpones an employee’s vacation “for later” and ignores deadlines, then the employee has the right to file a complaint with the relevant authorities, but he should not leave his official position without permission. Such an action may be perceived as absenteeism, which may ultimately lead to dismissal.

Article 123 of the Labor Code of the Russian Federation

In this case, the management faces administrative punishment. An audit of his work as a manager may result in the imposition of fines and other sanctions, while the employee will still go on legal leave. Among other common problems, it is worth highlighting calling an employee to work during his vacation. Not everyone knows that management has the right to interrupt an employee’s vacation only with his personal consent, otherwise such actions are considered illegal.

Important! If your vacation throughout the year is divided into 2 or more periods, one of them must be at least 2 weeks.

All employees must be able to defend their rights in order to prevent arbitrariness on the part of management. In controversial issues, it does not hurt to seek legal help to find out which side is right. If the law is on the employee’s side, you can safely go to higher authorities. All rights are reflected in the country's Labor Code.

All rights regarding vacation can be found in the Labor Code of the Russian Federation

Deadlines for payment of vacation pay

You must submit your vacation application two weeks before it starts. It is important to adhere to this deadline so that the accounting department makes payments on time. By law, you must be paid vacation pay three days before you leave.

We recommend taking vacations and traveling to warmer climates in those months that have the most working days. Photo: pixabay.com

Which months are the most profitable to go on vacation? The question is strange at first glance. What difference can there be if the salary is the same every month, and vacation pay is calculated based on the average earnings for the year? But if you do the math, the difference will be significant - up to 20% of your monthly salary. Let's explain now.

The number of working days varies from month to month. This depends on the number of official holidays and weekends within the month. Accordingly, if the salary is the same every month, the cost of one working day is different. It’s one thing when you receive 50 thousand rubles in 23 working days (as in July 2021). And it’s a little different - when in 19 days (as in June 2019).

Important

Vacation days are a good nest egg

Upon dismissal, the employer is obliged to pay you money for all the days that you did not have time to take off. If you have accumulated 50-60 or even 100 days, then you will immediately receive 2-4 months’ salary. It will come in handy if you are leaving for nowhere and not moving to another job. True, now many employers are afraid of sanctions from the labor inspectorate, which may consider that the company is forcibly keeping an employee at work and not allowing him to rest. Therefore, such “Plyushkins” are forcibly sent on vacation.

Useful link

You can independently calculate vacation pay in 2021 using the online calculator on the Social Insurance Fund website.

How do sick leave for contactees and employees 65+ affect the extension of vacation?

Of course, many vacationers are interested in how sick leave issued to contact employees and citizens over 65 years of age affects the duration of vacation? This is the part of workers who went on vacation before self-isolation, whose vacation was supposed to end on April 6 or later, as well as those whose vacation begins as scheduled during the period that falls on the days of self-isolation.

According to the terms of the resolutions of the Government of the Russian Federation dated April 16, 2020 No. 517 and dated April 1, 2020 No. 402, one certificate of incapacity for work is issued for the period from April 6 to April 19 for employees with a date of birth of April 6, 1955 and earlier, the second for the period from April 20 to April 30 - with a date of birth of 04/20/1955 and earlier.

But one of the conditions for receiving quarantine sick leave is that the employee is not on paid leave. This means that only after the end of the vacation period or before the start of the scheduled vacation, such an employee will be issued a quarantine sick leave. And it will no longer be a basis for extending the vacation.

It should be noted that such sick leave is fully paid from the Social Insurance Fund, and there will be strict control over the vacation schedule at the enterprise.

Let's look at an example.

EXAMPLE

The employee was identified as having contact with someone infected with coronavirus on April 25, and was scheduled to take leave from May 6. It turns out that quarantine overlaps with vacation. This means that from April 25 to May 5, such an employee will have sick leave, paid for by the Social Insurance Fund, and from May 6, his legal leave will begin, at the expense of the employer.

Vacation registration: features

Providing rest time to employees of an organization is regulated by an internal local act and a vacation schedule. It must be drawn up before the start of the new calendar year and approved by the manager. Employees must be familiarized with the document upon signature.

In Art. 124 of the Labor Code of the Russian Federation stipulates the possibility of taking vacation not according to the approved schedule, but at other times. Among them are:

• special life circumstances;
• by necessity;
• birth of a child, etc.

Parents of disabled children can independently choose their vacation dates and coordinate them with their supervisor. Also, a pregnant woman can write an application for vacation before maternity leave, regardless of when she is scheduled to go on vacation. Employees working part-time can request to take time off at a time that is convenient for them.

If an employee plans an unscheduled vacation, he will need to write an application addressed to the employer.

The application will need to provide the following information:

• information about the employer and applicants (full name, position);
• dates of planned vacation;
• number of days of rest;
• date and signature.

The application must be submitted to the HR department no later than 14 calendar days before the date of the proposed vacation. After agreement with the employer, an order is issued to the employee to provide rest time.

If a holiday falls during a vacation, it is extended. In this case, the application indicates the actual date of return to work. But vacation pay will only be based on the number of calendar days allotted for vacation. The employee can indicate specific vacation dates in the application, then he will have to return to work within the specified period.

For example, citizen Sidorov plans to take a vacation from February 14 for 2 weeks. During this period the holiday falls on February 23rd. Sidorov can write in the application “I ask for leave from February 14 in the amount of 14 calendar days,” then the vacation will automatically extend for 1 day of the holiday, but he will only be paid for 2 weeks. If the application states that it is necessary to provide leave from February 14 to February 27, then you will need to return to work on February 28. Vacation pay will be accrued to the employee only for 13 days.

Expert commentary

Potapova Svetlana

Lawyer

In the event that an employee is granted scheduled leave, he is notified of this no later than 2 weeks before the start. At the same time, an order is issued, with which the employee must be familiarized with signature. Vacation payments are accrued to the employee no later than 3 working days before the start of the vacation.