When does the right for vacation arise? Who can go on vacation at any time? Who is eligible for additional days off? When can vacation be postponed? What sanctions threaten an employer for non-compliance with the norms of the Labor Code of the Russian Federation? Let's analyze it in details.

Each employee with whom an employer has entered into an employment agreement is entitled to annual paid leave. Citizens who are not employed, but cooperate with customers under civil agreements, are not entitled to vacation.

A vacation is calculated not for a calendar year, but for a working year. The countdown starts from the date, when the employee was hired.

For example: an employee has been employed since 01.06.2020. It means that his first working year is the time period from 01.06.2020 to 31.05.2021, and the second – from 01.06.2020 to 31.05.2022.

Sometimes the working year can be longer. In particular, if the employee went on vacation without pay for a period of more than 14 days.

For example: an employee took 24 days of unpaid leave. This means that his working year will increase by 10 days.

At the new place of work the employee receives the right for vacation when he has been working continuously for six months. The employee can go on vacation earlier, if the employer does not mind. In the second and subsequent years of work, vacation is provided according to a vacation schedule.

However, there're categories of employees, who can go on vacation at any convenient time, even if they didn't work for half a year, whereas the employer can't prevent them.

They are:

• minors;
• women who take leave before and immediately after maternity leave;
• husbands who need vacation during the wife's maternity leave;
• adoptive parents of a child (children) under the age of 3 months.

The following persons are also entitled to go on vacation at any convenient time:

• employees, who were recalled from vacation in the current year;
• parents (adoptive parents, guardians), who are raising a disabled child under the age of 18;
• parents of 3 or more children under the age of 12

The Labor Code guarantees to employees 28 calendar days of annual leave. It can be taken in whole or in parts. At that, one of the parts should not be less than 14 days.

But some employees can take a longer leave, in particular:

• minors shall rest 31 calendar days a year;
• disabled persons - 30 calendar days;
• teachers - from 42 to 56 calendar days (vacation duration depends on the position and
• category of the institution).

For the employees, hired under fixed-term employment agreements (for a period of up to 2 months), as well as seasonal workers, the duration of vacation is calculated differently. For a month of work they are entitled to 2 days of rest.

Some employees are entitled to additional paid leave apart from basic vacation:

1. Personnel with irregular working hours
The duration of additional vacation for such employees shall be specified in the local regulatory acts of the company (Labor Internal Regulations or a collective agreement).
Such vacation may not be less than 3 calendar days.

2. Employees at works with harmful and dangerous labor terms
If, according to the results of a special assessment, the labor terms of employees are recognised as harmful or dangerous, the employees are entitled to additional leave of at least 7 calendar days.

3. Working in the regions of the Far North and equal territories
Employees, working in the regions of the Far North, have the right to rest additionally 24 calendar days, and at equal territories - 16 calendar days. There are also territories that do not belong to the regions of the Far North or equal areas, but in which a regional coefficient and a percentage markup to salary are established. In this case, additional leave for employees is 8 calendar days.

4. Engaged to works of a special nature
The list of such employees' categories is established by the Government. For example: a general practice doctor, who has worked in his position for more than 3 years, can additionally rest 3 calendar days a year.

5. Other employees, if the employer shall provide additional vacation to them according to a law.
For example: an employee's health was injured as a result of a production accident. In this case, the employer is obliged to provide the employee with additional leave for spa treatment, including the time that the employee will spend on travel to the place of treatment and back.

The law does not establish the maximum duration of additional vacation, but leaves it to the discretion of the employer.

Additional leave is added to the main one. And an employee decides for himself whether to take it entirely or divide it into parts.

Максимальной продолжительности дополнительного отпуска закон не устанавливает, а оставляет на усмотрение работодателя.

Дополнительный отпуск суммируется с основным. А трудящийся сам решает, брать его целиком или делить на части.

For example: an employee is entitled to the main vacation - 28 days and additional - 3 days, in total - 31 days. The employee decided to divide the vacation into parts like this: 14 + 4 + 3 + 3 + 7

Annual vacation can be prolonged, if:

• An employee fell ill and took a sick leave;
• An employee was called up to military training;
• The period of vacation coincided with state holidays.

Example 1: the employee went on vacation for 10 days. During vacation he fell ill and took a sick leave for 4 days, i.e. vacation will be prolonged for 4 days.

Example 2: the employee went on vacation from 01.06.2021 for 14 days. The period of vacation includes a state holiday – 12 June, i.e. the employee will return from vacation 1 day later.

The illness of a child or a close relative is not a reason for extending vacation. But the employer can include such a reason in the local regulatory act of the enterprise (for example: in the Vacation Regulation) at its own initiative. This possibility is specified by labor legislation.

Vacation can be postponed both for the reasons listed above, and in cases where the employer:

• forgot to notify the employee about the upcoming vacation 2 weeks in advance;
• did not pay vacation within the deadline (it shall be done 3 working days in advance).

The employer shall obligatory agree the transfer of vacation date with the employee.

In emergency situations, when the employee's vacation may undermine the normal activities of the enterprise, it is allowed to postpone the vacation to the next working year. However, it is important to let the employee go on vacation within 12 months after the end of the working year in which he was left without vacation.

Please note: the transfer of vacation to the next year should not be practiced constantly, otherwise the employer may be imposed with a fine. It is prohibited not to provide vacation within 2 years in a row.

If the employer violated law, in particular:

• didn't provide vacation to the employee 2 years in a row;
• didn't provide vacation to a minor or an employee, engaged to harmful and dangerous works;
• there may be imposed a fine to the employer according to art.5.27 the Code of Administrative

Offences of the RF as follows:

• from 1 000 to 5 000 RUB – for an individual entrepreneur (an official of the organisation);
• from 30 000 to 50 000 RUB – for a legal entity.

In case of a repeated violation the fine will be significantly higher:

• from 10 000 to 20 000 RUB – for an individual entrepreneur (an official of the organisation);
• from 50 000 to 70 000 RUB – for a legal entity.

And the official of the organisation may be disqualified for a period of 1 to 3 years.