The total duration of paid annual leave consists of basic and additional leave. Your task in this step is to determine the length of the main part of the holiday.
According to the Labour code, the duration of annual basic paid vacation is 28 calendar days. Incomplete or irregular working hours, this number is not affected. The exception in this case are employees under 18 years of age and pedagogical workers of educational institutions. Basic paid vacation of employees under the age of 18 is 31 calendar days. The duration of basic paid leave teaching staff established by the Government of the Russian Federation and depends on the level of education and worker positions (from 42 days to 56 days).
Once you have determined the duration of the basic leave, go to additional.
Additional leave you are entitled if:
1) you are engaged in work with harmful and (or) hazardous labor conditions;
2) do you have the special nature of the work;
3) you work in the far North and equated localities;
4) you have long working hours.
In the first three cases, the duration of additional leave is set by the Government.
With crazy hours duration of additional leave is determined by the collective agreement or the internal labor regulations. Please note that in this case, additional leave may 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 labour and employment from 01.03.2007 № 473-6-0, paid annual leave is not granted during the calendar year, and for so-called business year. In work year does not include vacation time to care for a child until the child reaches the statutory age and during the absence of the worker without justifiable reasons.
For example, your working year has started 01.02.2009, you were on leave to care for a child from 01.04.2009 till 30.11.2010. To count the working year, you need to exclude the period of leave to care for a child. To leave to care for a baby it took 2 months, and 10 months should be counted from 01.12.2010 (the moment of exit to work after the maternity leave). So, you have the right to implement the calculated duration of your vacation in the period from 01.02.2009 on 30.09.2011.
So if you need to calculate the length of the leave, not for the whole working year, then count the number of months of the year, you will take into account.
Once you have determined the calculation period of leave and duration of main and additional holidays, calculate the number of vacation days according to the formula: (duration of the basic leave + duration of additional holiday) * the calculation period leave / 12 months.
For example, you work on irregular working hours and want to calculate the holidays for the first 9 months of continuous service, to receive compensation for unused vacation. In the collective agreement your organization has, the additional paid vacation is 3 calendar days. Turns out that your vacation is (28 days + 3 days) * 9 months / 12 months = 26 calendar days.