How to count vacation
The total duration of the annual paid leave consists of the main and additional holidays. Your task at this step is to determine the duration of the main part of the vacation.
According to the Labor Code of the Russian Federation, the duration of the annual basic paid leave is 28 calendar days. Incomplete or irregular working hours do not affect this number. The exception in this case are employees under the age of 18 and teaching staff of educational institutions. The basic paid vacation of workers under the age of 18 is 31 calendar days. The duration of the basic paid leave for teaching staff is established by the Government of the Russian Federation and depends on the level of education and position of the employee (from 42 days to 56 days).
After you have determined the duration of the main vacation, go to the additional.
Extra leave is allowed for you if:
1) you are employed in jobs with harmful and (or) hazardous working conditions;
2) you have a special nature of work;
3) you work in the regions of the Far North and equated localities;
4) you have an irregular working day.
In the first three cases, the duration of additional leave is set by the Government of the Russian Federation.
In case of irregular working days, the duration of additional leave is determined by the collective agreement or the internal labor regulations. Please note that in this case additional leave cannot be less than three calendar days.
Determine the period for which you want to calculate vacation.
According to the Letter of the Federal Service for Labor and Employment of 01.03.2007 No. 473-6-0, the annual paid leave is granted not for a calendar year, but for the so-called working year. The working year does not include the time of leave to care for a child until he reaches the legal age and the absence of an employee at work without good reason.
For example, your working year began on 02/01/2009, you were on maternity leave from 04/01/2009 to 11/30/2010. To count the working year, you need to exclude the period of parental leave. Two months have passed before the parental leave, and another 10 months must be counted from 12/01/2010 (the moment of returning to work after the parental leave). So you have the right to realize the calculated duration of your vacation in the period from February 1, 2009 to September 30, 2011.
Therefore, if you need to calculate the duration of the holiday not for the entire working year, then calculate how many months from the working year you will take into account.
After you have determined the period for calculating the leave and the duration of the main and additional holidays, calculate the number of days of vacation according to the formula: (duration of the main vacation + duration of the additional vacation) * period for calculating the vacation / 12 months.
For example, you work on an unregulated working day and you want to calculate vacation for 9 months of continuous service in order to receive compensation for unused vacation. The collective agreement of your organization establishes that the additional paid leave is 3 calendar days. It turns out that your vacation is equal (28 days + 3 days) * 9 months / 12 months = 26 calendar days.