How to count a vacation
The total duration of annual paid leave consists of basic 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 for this number do not affect. The exception in this case is made by workers under 18 years of age and pedagogical workers of educational institutions. The basic paid leave of employees under the age of 18 is 31 calendar days. The duration of the main paid vacation for teachers is established by the Government of the Russian Federation and depends on the level of education and the position of the employee (from 42 days to 56 days).
After you have determined the duration of the basic leave, proceed to the additional one.
Additional vacation is for you if:
1) you are engaged in work with harmful and (or) dangerous working conditions;
2) you have a special nature of work;
3) you work in the Far North and equivalent areas;
4) you have a non-standard working day.
In the first three cases, the duration of additional leave is established by the Government of the Russian Federation.
In the case of a non-standardized working day, the duration of an additional leave is determined by a collective agreement or internal labor regulations. Please note that in this case, the additional leave can not be less than three calendar days.
Determine the period for which you want to calculate the vacation.
According to the Letter of the Federal Service for Labor and Employment No. 473-6-0 of 01.03.2007, annual paid leave is granted not for a calendar year, but for a so-called working year. In the working year, the time for parental leave is not included, until the legal age is reached, and the absence of an employee at work without justifiable reasons.
For example, your working year began on 01.02.2009, you were on leave to care for your child from 01.04.2009 to 30.11.2010. To count the working year, you need to exclude the period of parental leave. Before the leave to take care of the child was 2 months, and another 10 months should be counted from 01.12.2010 (the moment of coming to work after the leave for care). So, you have the right to realize the calculated duration of your vacation in the period from 01.02.2009 to 30.09.2011.
Therefore, if you need to calculate the duration of your vacation not for the whole 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 vacation and the duration of the main and additional holidays, calculate the number of days of vacation according to the formula: (duration of the main leave + duration of the additional leave) * vacation calculation period / 12 months.
For example, you work on a non-standard working day and want to count a vacation for 9 months of continuous service in order to get compensation for an unused vacation. In the collective agreement of your organization it is established that additional paid leave is 3 calendar days. It turns out that your vacation is (28 days + 3 days) * 9 months / 12 months = 26 calendar days.