The procedure for granting leave is approved by the Labor Code of the Russian Federation. Article one hundred twenty-first of this legislative act gives an explanation of the procedure for calculating seniority. This indicator is the basis for the employer to provide his employee with annual paid non-working days, which is enshrined in article one hundred twenty-second of the same document.
The procedure for granting leave is based on the employee's ability to exercise his right annually. A period equal to six months must elapse from the moment of admission to the organization’s staff to the provision of paid days off. This period may be shortened if agreement is reached by the parties. Holidays to six months of employment can take:
- women before or after maternity leave;
- workers whose age has not reached eighteen years;
- adopters of infants (up to three months);
- employees in other cases, in accordance with legislative acts.
The procedure for granting vacations, with work experience in this organization for more than one year, is carried out in accordance with the schedule, which is a local act for the enterprise. Its compilation is carried out annually and endorsed by the head of the enterprise. In this case, the opinion of the trade union body is taken into account. The vacation schedule is a binding document for both the head of the organization and each employee.
The exception is made by certain categories of employees, when they have the right to choose their own periods of paid days off. So, for example, the provision of leave to a husband can be made at that time when his wife is on leave in connection with pregnancy and childbirth. At the same time, the length of service in the organization does not matter.
The procedure for granting leave to employees of an enterprise under the age of eighteen years is also established by law. Annual paid days off for them should be only in the summer period, regardless of the length of service in this organization. At the request of this category of workers, vacation time can be any time convenient for them.
Some other categories of members of the labor collective, listed in regulatory enactments, may also exercise this right.
The procedure for granting leave in the event that it needs to be postponed or extended, explains article number one hundred twenty four. An increase in the period of paid non-working days is possible if:
- the onset during the vacation period of temporary disability of the employee;
- fulfillment of state duties during the period of the next vacation, if the legal acts provide for exemption from work while participating in them;
- the presence of other reasons stipulated by the local acts of the enterprise and the law.
The procedure for providing the next vacation may be changed by agreement between the employee and the manager in the case of;
- delays due payments for free days;
- untimely notice of the start time of the vacation period, which must be made no later than fourteen days later.
If the absence of the employee affects the efficiency of the enterprise, then, in agreement with him, it is possible to transfer vacation days to the next year, but no later than a period of twelve months. Legislative acts do not allow an employee of an organization to refuse regular paid free days during a two-year period. Every year, employees under the age of eighteen, as well as those involved in a production process that is dangerous or harmful, negatively affecting health, should go on vacation.