Annual paid leave
Labour law determines that every employee is entitled to annual paid leave. When an employee is on vacation, he / she retains his / her place of work and position, as well as average earnings.
According to Chapter 19 of the Labor code of the Russian Federation duration of annual paid leave makes 28 calendar days. However, there are circumstances in which the next vacation can be extended.
Procedure for granting annual paid leave
The labour legislation establishes the obligation to provide paid leave annually. This provision means that each employee must exercise his or her right to annual paid leave each year. If an employee works for a particular employer, the right to annual paid leave arises after six months from the date of employment. If an agreement is concluded between the parties, the annual leave may be granted to the employee before his / her work experience at the enterprise reaches six months.
The labour code imposes an obligation on the employer to grant annual leave before the end of six months of work to the following categories of employees:
Women preparing to take maternity leave or after it.
Employees who have adopted a child under the age of three months.
The provision of annual leave for the second and subsequent years of work is made on the basis of the vacation schedule and their priority, which are established in the organization.
The leave schedule is approved by the head of the organization and is mandatory for both the employer and the employee. The priority and duration of leave must be agreed with the employees. In other words, regular annual leave is granted to employees in accordance with their wishes and at a convenient time for them. Each employee must be notified of the beginning of the annual regular leave under the signature not later than two weeks before its occurrence.
Extension or postponement of annual paid leave
Annual paid leave can be postponed in the following cases:
Temporary disability of the employee.
Performance of duties by the employee during the period in which he was on leave.
Other cases which are provided by the labor legislation and local regulations.
The labour legislation also stipulates that the employer is obliged to postpone the annual paid leave on the written application of the employee, if the employee was not timely warned about the beginning of this leave or if the employee was not paid for the period of vacation in time. The labour code permits the transfer of annual regular leave to the next working year if the granting of leave in a given year may adversely affect the working process. In this case, the annual leave period must be used no later than 12 months after the end of the year for which it is provided.
It is strictly forbidden not to grant leave for two consecutive years, and not to grant leave at all to underage employees and employees who are employed in jobs with harmful or dangerous working conditions.
The division of the leave into pieces
The labour legislation establishes that the duration of the annual regular leave is 28 calendar days. However, the leave period under the agreement of the employer and the employee can be divided into parts, and one of the parts of this leave must be at least 14 calendar days.
During the period in which the employee is on annual paid leave, the employer may withdraw him from leave. But the withdrawal from vacation is made only with the consent of the employee. The part of the leave which remained unused due to the fact that the employee was called out of the leave for performance of work duties can be provided to the employee at any time convenient for him during this current year or postponed to the next working year at the choice of the employee. Recall from annual leave is not allowed for underage employees, as well as employees who perform work duties in harmful or dangerous working conditions.
Replacement of issue with monetary compensation
The labour legislation provides for the replacement of the annual regular leave with monetary compensation, however, this provision applies only to the part of the leave that exceeds 28 calendar days.
If the periods of annual paid leave are summed up or transferred to the next working year, the monetary compensation may be replaced by a part of each leave that exceeds 28 calendar days or any number of days from this part.
The labour code categorically prohibits replacing with monetary compensation the period of annual paid leave for pregnant women, underage employees, as well as the period of additional leave granted to employees engaged in harmful or dangerous working conditions.
Summarizing the above, Mirsovetov can conclude that every employee is entitled to an annual paid vacation. This right is supported by the norms of the Labor code and local regulations. If a staff member has not exercised the right to annual leave, he or she must be paid the appropriate monetary compensation upon dismissal.