Today, a frequent change of work will not surprise anyone. People try to take advantage of emerging prospects, so sometimes it happens that in one organization an employee worked for several months or less. Since, according to the law, a working employee has the opportunity to receive paid leave no earlier than six months later, for days of leave that he did not take, he is entitled to a cash payment. How many days of vacation are set for one month of work, and how to correctly calculate the number of these days, you can find out by reading this article.
Legislation governing the provision of leave
Chapter 19 of the Labor Code of the Russian Federation addresses such issues as the procedure and sequence for granting vacations, payment for unused vacation days, etc. According to the law, the minimum period of paid leave cannot be less than four weeks per year.
The opportunity to use accumulated vacation time for employees appears no earlier than six months after employment without a change of employer. To calculate how many days of vacation laid for employees, take into account the experience. Its definition includes the following indicators:
- time of continuous labor;
- periods of removal of the employee from work, not related to the fault of the employee;
- periods of additional leave;
- the time when the employer kept the position and place for the employee, in fact the employee did not work;
- absenteeism not related to the fault of the employee;
- other cases stipulated by law.
How is vacation time calculated per month?
How many vacation days an employee is entitled to is determined as follows: the total duration of the annual vacation in days is divided by the number of months in a year. This is clearly shown in the formula below.
Vacation for 1 month = Total duration for a year / 12 months.
It turns out with a standard vacation duration of four calendar weeks, the employee is entitled to 4 * 7 days / 12 months = 2.33. That is how many days of vacation laid for the worked month. This figure is used by bookkeepers and personnel officers to determine the set vacation duration at a certain point in time.
If, with an annual duration of 28 days, the employee worked for an incomplete month, then he must either be provided with 2.33 paid non-working days, or vacation should not be provided at all. No other cases have been established.
If an employee worked less than 15 days in a month, then this period is not a basis for granting leave or compensation.
If worked for 15 days or more, then the month is considered fully worked out and is compensated by 2.33 days of rest.
Duration of monthly leave for special categories of citizens
There are certain preferential categories of employees who, in addition to the standard annual leave, are entitled to additional paid days of rest. How many days of vacation such employees should have per month are calculated in the same way: dividing the annual duration of the vacation, taking into account the main and additional components, by 12.
The law includes to this category of persons:
- working minors;
- disabled people;
- doctors and teachers;
- police officers, judges, civil servants;
- workers whose activities are associated with harmful or dangerous factors;
- workers with irregular working hours, as well as a number of others.
Holidays under a fixed-term contract
Annual paid leave is provided by law for employees working under fixed-term contracts. How many days of vacation are laid per month for working under an urgent agreement depends on the duration of the contract.
When concluding a labor agreement for a period of up to 2 months, the employee must provide 2 days of paid rest for each month worked.
If the duration of the labor agreement is more than two months, and the work performed by the employee is not seasonal, then for each month of the fulfillment of labor duties he is entitled to 2.33 days of paid time off.
When working under a fixed-term contract, vacation days that the employee did not take are also subject to monetary compensation.
The size of the vacation depending on the hours worked
To calculate how many days of vacation are due to an employee who has worked less than a year in one organization, the number of months worked should be multiplied by 2.33.
For 11 and 12 worked months, the same number of vacation days is due. Starting from the 13th month of work, 2.33 can be added for the calculation.
Accordingly, the hours worked are not counted from the beginning of the calendar year, but from the date of official employment of the employee.
Annual leave after maternity leave and leave without pay
Conditionally maternity leave is divided into 3 components:
Part 1 - leave, which is assigned according to the certificate of incapacity for work, lasting at least 140 days and not more than 194. The duration of such leave depends on the complexity of the course of childbirth and the number of children born.
Part 2 - leave to care for a child until they reach 1.5 years. This part of the vacation is paid to the employee in the amount of 40% of the average earnings.
Part 3 - leave to care for a child until they reach 3 years. For this period of childcare, no payments are provided, except for the allowance of 50 rubles.
For the duration of such leave, the employer is obliged to retain the employee’s place and position.
But to calculate the grace period, as well as to determine the annual paid leave, only periods provided to a woman on the basis of her sick leave are taken into account.
The time provided for caring for a child when a woman or someone from her family members who has drawn up the relevant documents takes care of the child is not taken into account for providing rest.
After the decree is over and the employee goes to work, the experience for accruing leave must be accumulated again.
Conclusion
This article examined in detail the question of how many days of vacation for the worked month are assigned to the employee.
It is worth noting that if an employee who has worked a full calendar year writes an application for a vacation of 4 calendar weeks with subsequent dismissal, then this month is also counted in his seniority. Consequently, he is entitled to pay for 2.33 days of non-vacation leave.