When the working year shifts. What is the correct way to shift the period for an employee who often takes unpaid leave? In both cases, this standard applies.

Paid leave must be granted to the employee for each working year. When granting annual paid leave, the employer must take into account that in some cases the working year of employees may shift. How does the working year shift when using unpaid leave?

How is an employee's working year determined?

The employee's working year must be distinguished from the calendar year. A working year refers to the period of employment for a given employer, counting from the date of employment. For example, if an employee is hired on April 10, 2011, then his working year will begin on April 10, 2011 and end on April 09, 2012. The next business year will start on April 10, 2012.

In what cases are the boundaries of the working year shifted?

In accordance with article 121 of the Labor Code of the Russian Federation, the boundaries of the working year of employees are shifted in the case of:

• the employee's use of unpaid leave for more than 14 calendar days during the working year;
• granting parental leave until the child reaches the legal age;
• absence of an employee from work without good reason, including as a result of his suspension from work.

How are the boundaries of the working year shifted when using leave without pay?

Let us consider how the working year shifts when using unpaid leave using examples.

Example 1

During the specified period, the employee took unpaid leave:

• from 09 April to 11 April 2012 with a duration of 3 calendar days.

The total duration of unpaid leave during the working year was 11 calendar days. Given that this duration does not exceed 14 calendar days, the boundaries of the working year are not shifted.

Example 2

The employee's working year is also the period from August 21, 2011 to August 20, 2012.

During this period, the employee was granted unpaid leave:

• from October 01 to October 08, 2011 for 8 calendar days;
• from April 09 to April 16, 2012 for 8 calendar days.

The total duration of unpaid leave is already 16 calendar days.

In this situation, 14 calendar days are included in the length of service, which gives the right to an annual basic paid leave, and 2 calendar days are not included in the length of service. That is, the working year is shifted by 2 calendar days.

Labor Code). The duration of labor leave per one month is 31 calendar days / 12 months in a calendar year \u003d 2.58 calendar days. Thus, the duration of labor leave for the specified period will be 2.58 x 9 \u003d 23 calendar days. Similarly, we calculate the number of months worked for another period. From 01.01.2008 to 11.04.2008 (31 + 29 + 31 + 11 \u003d 102 calendar days, divide by 29.7, we get 3 (3.43) months (the remainder of 0.43 is translated into calendar days by multiplying by 29.7, we get 12.7 (13) calendar days, which is not rounded to a full month). 29 calendar days / 12 months \u003d 2.41 calendar days (number of vacation days per month).

How does the working year shift when using leave without pay?

• from 09 April to 11 April 2012 with a duration of 3 calendar days.

The total duration of unpaid leave during the working year was 11 calendar days. Given that this duration does not exceed 14 calendar days, the boundaries of the working year are not shifted.

Example 2 An employee's working year is also the period from August 21, 2011 to August 20, 2012. During this period, the employee was granted unpaid leave:

• from October 01 to October 08, 2011 for 8 calendar days;
• from April 09 to April 16, 2012 for 8 calendar days.

The total duration of unpaid leave is already 16 calendar days.

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For reference: the periods included in the working year for which additional leaves are granted for work with harmful and (or) hazardous working conditions and the special nature of work (Article 157) are determined by the Government of the Republic of Belarus. Example 1 During the working year (from September 1, 2014 to
until August 31, 2015), the employee was several times granted short-term leave without pay for family reasons with a total duration of 14 calendar days (Article 190

TC). Since these periods did not exceed 14 calendar days, the time spent by the employee on unpaid leave in this case is included in the working year, which means that it does not shift the period for which the employee can be granted labor leave. That is, the vacation will be provided for a working year from September 1, 2014.

We arrange the transfer of vacation

Attention

So, if the internal labor regulations provide for the illness of a family member as a basis for extending or postponing annual paid leave, the employer, when the employee submits a certificate of incapacity for work to care for, for example, the child must postpone or extend his leave (Rostrud Letter dated 01.06.2012 N PG / 4629-6-1). Note! In exceptional cases, when the granting of leave to an employee in the current working year may adversely affect the normal course of work of an organization or an individual entrepreneur, it is allowed, with the employee's consent, to postpone the vacation to the next working year.

In this case, the vacation must be used no later than 12 months after the end of the working year for which it was granted. In any case, it is prohibited to fail to provide annual paid leave for two consecutive years.

How to shift the period for unpaid leave over 14 days?

Question If an employee takes an unpaid leave for more than 14 days during the working period, the working period is shifted. In which case this norm applies: 1. if the employee takes for example 20 days at once? or 2. if an employee takes leave several times during the working period without retention (for example, for 2 and 4 days) and when it accumulates over 14 days, then we shift the period? Answer Answer to the question: In both cases this rule applies. The working year is a legal concept intended for the legal regulation of labor and some social vacations of employees in labor relations.
A working year is a period of time equal in duration to 12 months, but starting for each employee not from January 1, but from the day of hiring to this employer.

Info

In what cases are the boundaries of the working year shifted? In accordance with article 121 of the Labor Code of the Russian Federation, the boundaries of the working year of employees are shifted in the case of:

• the employee's use of unpaid leave for more than 14 calendar days during the working year;
• granting parental leave until the child reaches the legal age;
• absence of an employee from work without good reason, including as a result of his suspension from work.

How are the boundaries of the working year shifted when using leave without pay? Let us consider how the working year shifts when using unpaid leave using examples. Example 1 An employee's working year is the period from August 21, 2011 to August 20, 2012.

In what case does the vacation period change?

Important

The order to postpone the vacation must be registered in the manner prescribed by the employer, for example, in the register of orders (orders). It is necessary to familiarize the employee with the order to postpone the leave against signature, and if he refuses, draw up an appropriate act.

Additionally, on the order itself, you can make an inscription about the refusal to familiarize yourself with the order. Of course, the drawing up of the act and the inscription on the order are not provided for by law for such cases, however, we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of postponement of the vacation).
Now you need to make changes to the vacation schedule, timesheet and, possibly, to a personal card. The last document is amended if the entry on the granting of annual leave has already been made in it and the dates of the leave are changed due to the transfer.
Labor Code of the Russian Federation);

• the time of parental leave until the child reaches three years of age;
• the time of unpaid leave granted at the request of an employee in excess of 14 calendar days in a working year.

This is stated in article 121 of the Labor Code of the Russian Federation. An example of calculating the length of service, giving the right to annual paid leave Accountant V.N. Zaitseva joined the organization on May 7, 2010. From June 1 to June 30, 2010 (30 calendar days), an employee, on the basis of his application, was granted leave without pay.
Of the 30 calendar days of vacation at their own expense, only 14 days in the working year are included in the length of service, which gives the right to annual paid vacation. The remaining period of 16 calendar days (30 days - 14 days) is excluded from the length of service, which gives the right to vacation.
Of the Labor Code of the Russian Federation, such a sequence is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the onset of the calendar year. Note. The vacation schedule is compulsory for both the employer and the employee. The employee must be notified of the start time of the vacation against signature no later than two weeks before its start. If the employer did not fulfill this obligation and did not warn in time about the start time of the vacation, at the written request of the employee, he is obliged to postpone the annual paid vacation for another period agreed with the employee (part 2 of article 124 of the Labor Code of the Russian Federation). The employer should act in a similar way in the case when the employee was not paid for the annual leave in a timely manner. Recall that by virtue of Art.

Paid leave must be granted to the employee for each working year. When granting annual paid leave, the employer must take into account that in some cases the working year of employees may shift.

How does the working year shift when using unpaid leave? How is an employee's working year determined? The employee's working year must be distinguished from the calendar year. A working year refers to the period of employment for a given employer, counting from the date of employment. For example, if an employee is hired on April 10, 2011, then his working year will begin on April 10, 2011 and end on April 09, 2012. The next business year will start on April 10, 2012.

From a letter to the editor:

“An employee of our organization wrote an application for granting her a labor leave from July 10, 2017 for the working year from June 15 last year to June 14 this year. During this period, the employee took out unpaid leave to take the autumn and spring exam sessions. The employee receives her first higher education in absentia; she entered into an agreement with the educational institution independently. In total, the employee took leave for 47 calendar days.

Is it necessary to shift the working year in this situation?

Best regards, accountant Alla Petrovna "

Yes, the working year for the provision of labor leave will be shifted by 33 calendar days. I would like to draw your attention to the fact that despite the fact that the leave without pay lasted 47 calendar days, the working year is shifted by 33 calendar days. I propose to consider the features of the shift in the working year. After all, it is very important to calculate the working year when paying compensation for unused vacation when an employee is fired.

What is a working year for the purpose of granting labor leave

The working year for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the date of employment (Article 163 of the Labor Code of the Republic of Belarus; hereinafter referred to as the Labor Code).

The date of the beginning of the first working year is the first day of work with the employer, the date of the beginning of the second year and subsequent - the date following the date of the end of the previous working year.

The end date of the working year is determined in the following order (if the employee does not have periods of absence from work that are not included in the working year): the day of admission or the beginning of the current working year plus 12 months. This is the general rule for calculating the working year.

Example 1

Determining the date of the first working year

The working year for obtaining labor leave for this employee is calculated from the date of employment, the first working year for obtaining labor leave is the period from June 5, 2016 to June 4, 2017.

Time included in the working year

The working year for which labor leave is granted includes:

1) the hours actually worked;

2) the time that the employee did not work, but according to the legislation or the collective agreement, he retained his previous work and wages, or he was paid a state social insurance benefit, with the exception of the time of parental leave for a child up to 3 years old;

3) the time of unpaid leave stipulated by legislation or the collective agreement, if these leaves do not exceed 14 calendar days during the working year;

4) the time of the paid forced truancy;

5) other periods for which legislation or a collective agreement, an agreement provides for their inclusion in the working year (Art. 164 of the Labor Code).

In your situation, we are talking about unpaid leave granted in connection with training. Employees who successfully master the content of educational programs while receiving secondary specialized and higher education in correspondence form, for the period of the installation or laboratory-examination session in the academic year, are given leave of up to 20 calendar days for the 1st and 2nd courses and up to 30 calendar days for 3rd and subsequent courses (Art. 216 TC). Thus, the period of an employee's unpaid leave, exceeding 14 calendar days, if the terms of the collective agreement do not provide for a norm on a longer period, should not be included in the working year.

Let's look at specific examples of how the working year shifts.

Example 2

The working year does not move

The employee has the right to labor leave for the period of work from June 5, 2016 to June 4, 2017.The employee during this period was provided with social leave for family and household reasons for 10 calendar days from April 3 to 12, 2017 (paragraph 3 of Art. . 164 TC).

In this situation, the working year does not shift when the leave is granted, since the leave does not exceed 14 calendar days a year.

Example 3

Determination of the working year after the end of parental leave for a child under 3 years old

The employee was hired on February 2, 2016.The working year for which she must be granted labor leave is from February 2, 2016 to February 1, 2017.The employee on August 10, 2016 presented a certificate of incapacity for work for pregnancy and childbirth with a duration of 126 calendar days for the period from August 15 to December 18, 2016. In December, the employee additionally submitted a certificate of incapacity for work due to pregnancy and childbirth, issued in connection with complicated childbirth for the period from December 19, 2016 to January 1, 2017 (14 calendar days). After the end of maternity leave from January 2, 2017, she was granted parental leave for a child up to 3 years old.

The working year for granting an employee with labor leave is calculated taking into account the following periods:

During the period of work prior to the granting of maternity leave, i.e. the period from February 2 to August 14, 2016 (195 calendar days);

During maternity leave, i.e. the period from August 15 to December 18, 2016 (126 calendar days);

During pregnancy and childbirth leave due to complicated childbirth, i.e. the period from December 19, 2016 to January 1, 2017 (14 calendar days);

The period of work after leaving the parental leave for a child under 3 years of age (or interruption) is 30 calendar days (if there are 365 calendar days in a year) or 31 calendar days (if there are 366 calendar days in a year).

Example 4

Calculation of days for which compensation for unused vacation is paid

The employee was hired on October 3, 2016. In April 2017, he was on labor leave for 12 calendar days. In addition, the employee was granted 45 days of social leave for family and household reasons. The employee wrote a letter of resignation of his own free will from July 10, 2017.The duration of the employee's leave is 24 calendar days.

Upon dismissal of an employee, it is necessary to pay him monetary compensation for unused labor leave.

The employee was provided with social leave without pay, therefore 31 days must be excluded from the calculation period (45-14). The period from October 3, 2016 to July 10, 2017 includes 280 days, from which 31 days must be excluded: 280 - 31 \u003d 249 days.

The number of full months worked by the employee on the day of dismissal is 8 (249 / 29.7 \u003d 8.38).

Taking into account the duration of labor leave, the employee is entitled to 16 calendar days for the period of his work (24/12 months × 8 months). Since the employee used 12 calendar days, upon dismissal, compensation must be paid for 4 calendar days of unused vacation.

For comparison, let's calculate the days of compensation for unused vacation if the employee was not on social vacation.

The number of full months worked by the employee on the day of dismissal in this case is 9 (280 / 29.7 \u003d 9.4). Taking into account the duration of labor leave, the employee would be entitled to 18 calendar days for the period of his work (24/12 months × 9 months); upon dismissal, compensation must be paid for 6 calendar days of unused vacation.

As you can see from the examples, the shift in the working year must be taken into account when calculating vacation pay.

Let's get back to your question. As I said, it is necessary to shift the working year by 33 calendar days, i.e. the end of the working year in this case will not be on June 14, 2017, but on July 17, 2017. The next working year will begin on July 18, 2017 and end on July 17, 2018 (if there is no need to make a new shift).

I hope I was able to explain to you how and for what purposes it is necessary to shift the working year.

Sincerely yours, Olga Pavlovna

In the process of law enforcement, incl. when providing employees with labor leave, it is important to correctly understand the nature of certain phenomena.

"Working year" is one of the basic terms used in Ch. 12 of the Labor Code of the Republic of Belarus.

According to Art. 163 of the Labor Code a working year for which labor leave is granted is a period of time equal in length to a calendar year, but calculated for each employee from the day of employment.

The working year should be distinguished from the calendar year (see table).

By the way

A year is a conventional unit of time, which historically meant a single cycle of seasons (spring, summer, autumn, winter). In the Republic of Belarus, the length of a calendar year is 365 calendar days or 366 calendar days (leap year) according to the Gregorian calendar. The Gregorian calendar contains 12 months with the following number of calendar days: January - 31, February - 28 (29 - in a leap year), March - 31, April - 30, May - 31, June - 30, July - 31, August - 31, September - 30, October - 31, November - 30, December - 31.

The following important points should be noted.

1. Typically, the start date of the calendar year and the start date of the working year do not match. Labor leave is granted for a working year, not a calendar year. Annual use of labor leave implies the use of vacation in the working year. There are cases when an employee, without violating the requirements of labor legislation, in the current calendar year uses labor leave for two working years or does not use labor leave at all.

2. Each next working year, starting from the second, starts on the same date (day, month) - hiring dates, and ends on the same date (day, month) on which the previous working year ended, except for cases when, according to the requirements of labor legislation, the working year was shifted.

Attention!Each subsequent working year is counted from the day the previous one expires.

3. For each working year, an employee may be granted only one labor leave, which may be divided into parts.

This material is published in part. The full material can be read in the journal "Human Resources" No. 9 (176), September 2015. Reproduction is possible only from

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How to calculate vacation period after unpaid vacation?

Russian Federation, Togliatti # 12 November 9, 2010, 10:03 Article 121. Calculation of the length of service, giving the right to annual paid leave.

Important

The length of service, which gives the right to an annual basic paid leave, includes: the time provided at the request of the employee without pay, not exceeding 14 calendar days during the working year. I want to draw the attention of the moderator to this message because: Sending notification ...

rflhjdbrrflhjdbr Alina Russian Federation, Ufa # 13 December 9, 2015, 14:01 Days exceeding 14 shift the year in which it was taken? or next year? I want to draw the attention of the moderator to this message because: Sending notification ...

How does the working year shift when using leave without pay?

Info

And again, you need to add these 4 months to the end date of the vacation period By 02.09.2016 +4 months \u003d 02.01.2017. Received, taking into account the new vacation at their own expense, the vacation period from 04/03/2015 to 01/02/2017, for which he is entitled to 28 vacation days.

The next vacation period is from 01/03/17 to 01/02/18. So, for the period from 04/03/2015 to 01/02/2017 (28-19) \u003d 9 calendar days left. You must provide these 9 days by 01/02/2017.

I do not advise you to let him go on another vacation, otherwise, upon dismissal, you will have nothing to keep your unworked vacation from. You understand that the calculation is very approximate, since I did not calculate the exact number of calendar days that your employee was on vacation without pay.

Hello! 1. Vacation for the first year of work Vacation period 04/03/2015 - 04/02/2016.

How to shift the period for unpaid leave over 14 days?

Unpaid leave: The length of service, which gives the right to it, includes the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days DURING THE WORKING YEAR (part 1 of article 121 of the Labor Code of the Russian Federation ). The employee's working year begins not from January 1, but from the date of hiring and is subsequently extended by the number of days that are not subject to inclusion in the vacation period (Rostrud letter dated June 14, 2012 No.
No. 854-6-1). 05/04/2015 to 09/30/2015 14 k.d. included in the holiday calculation period, 136 k.d. are excluded. Then the vacation period will be: 04/03/2015 - 08/16/2016 But, from 04/20/2016 to 08/31/2016, the employee was again on vacation without retention.
Then: for the period from 04/03/2016 to 08/16/2016, the employee again had days to be excluded and when postponed to a subsequent time after 08.16.

Vote:

Each next working year is calculated from the day the previous one expires, and not from the end of the next vacation (for example, for an employee hired by the company on February 1, 2011, the first working year expires on January 31, 2012, the second begins on February 1, 2012 and ends January 31, 2013). However, the deadline for the end of the working year and the beginning of the next working year may be shifted if the employee had periods excluded from the length of service, which gives the right to leave (p.

Labor Code of the Russian Federation). Read more about the periods of unpaid leave at the link. The length of service that gives the right to main leave does not include:

• the time an employee is absent from work without good reason (incl.

  h. in the cases provided for by Art.

Vacation period after vacation without saving salary

Alina Russian Federation, Ufa # 14 9 December 2015, 14:05 01.11.10-31.10.1101.11.11-31.10.1201.11.12-31.10.13 administrative: 01.05.13- 30.09.13 \u003d 153-14 \u003d 139, 01.01. 14-30.06.14 \u003d 181-167. What will the next period be? 03.09.2013-02.09.14 ??? I want to draw the attention of the moderator to this message because: Sending a notification ... BarbariSSka or next year? Alina wrote: 01.11.10-31.10.1101.11.11-31.10.1201.11.12-31.10.13 administrative: 01.05.13- 30.09.13 \u003d 153-14 \u003d 139, 01.01.14-30.06.14 \u003d 181- 167. What will the next period be? 03.09.2013-02.09.14 ??? I give up….
I want to draw the attention of the moderator to this message, because: There is a notification sending ... "First ← Prev.1 2 Next.

• from 09 April to 11 April 2012 with a duration of 3 calendar days.

The total duration of unpaid leave during the working year was 11 calendar days. Given that this duration does not exceed 14 calendar days, the boundaries of the working year are not shifted.
Example 2 An employee's working year is also the period from August 21, 2011 to August 20, 2012. During this period, the employee was granted unpaid leave:

• from October 01 to October 08, 2011 for 8 calendar days;
• from April 09 to April 16, 2012 for 8 calendar days.

The total duration of unpaid leave is already 16 calendar days.

How does the vacation period shift after vacation without pay

Part-time leave When you need to grant annual leave to a part-time employee Part-time employees must be granted annual leave at the same time as the leave from the main place of work. Moreover, if an employee works part-time for the first year, then he does not need to wait for the prescribed six months to receive a vacation. The organization is obliged to provide such employee with leave in advance. A part-time worker can be required to submit documents confirming the fact of leave for the main job.

Attention

Such confirmation can be, for example, a copy of a vacation order. The length of annual leave from the main place of work and part-time leave may not coincide.

If the leave from part-time work is shorter, the employee can compensate for the missing part of the days by taking part-time leave at his own expense.
Accordingly, the end date of the working year is shifted by the number of vacation days in excess of 14 (see also the appellate ruling of the Investigative Committee on Civil Cases of the Khanty-Mansiysk Autonomous Okrug Court of May 28, 2013). An example of vacation calculation in the presence of vacation at own expense Suppose that during the working year, which began on 03.06.2013, the employee was provided with unpaid vacation for 25 calendar days.
In this case, the end of the working year is postponed by the number of days exceeding 14, that is, by 11 calendar days; accordingly, the day of the end of this working year will not be 06/02/2014, but 06/13/2014.

How does the vacation period shift after a vacation without pay 14 days

Paid leave must be granted to the employee for each working year. When granting annual paid leave, the employer must take into account that in some cases the working year of employees may shift.

How does the working year shift when using unpaid leave? How is an employee's working year determined? The employee's working year must be distinguished from the calendar year. A working year refers to the period of work for a given employer, counting from the date of employment.

For example, if an employee is hired on April 10, 2011, then his working year will begin on April 10, 2011 and end on April 09, 2012. The next business year will start on April 10, 2012.