Vacation in advance for the next year: important subtleties of the Labor Code

This article carries information whether the employee can take a vacation with an advance and how to perform this procedure.

Content

Vacation is a period that almost every working person expects. There should be no misunderstandings in such an elementary issue as it seems at first glance. But, as practice shows, they very often arise in such simple aspects. Especially when it comes to vacation with an advance. Therefore, we will talk in this topic about the correctness of this procedure, and also find out when and to whom it can be formalized.

Can an employee take a vacation with an advance: labor subtleties

The legislation of the Russian Federation states that the right to annual leave is received by a citizen who has worked in any area at least six months. But there are no comments on the vacation in the TC, since it is simply not provided.

Each institution has its own schedule of well -deserved holidays, and it can only be violated if the employee has very serious circumstances. If you really need to move away from work urgently, he has the right to apply to the authorities with a statement on the receipt of unscheduled leave.
It is worth noting immediately that a vacation with an advance can be issued at your own expense. Also, this type of debris can be taken even at the expense of the next year, but it all depends on the circumstances. Therefore, this is already worth talking exclusively with your boss.

There must be good reasons or good relations with the authorities

Who can count on an advance vacation?

Many companies have workers who are obliged to give a vacation, despite whether they have come or not. This says Art. 122 of the Russian Federation, and a person who has worked for six months in this area can use such a vacation. If the two sides do not mind, then the vacation at your own expense can be issued before receiving experience in six months.
According to the Law of the Russian Federation, the following categories of employees have an advance vacation:
- pregnant women or recently gave birth to women can, without unnecessary problems, make a vacation before returning on maternity leave or after returning to work, regardless of earned experience. More information on how to arrange a vacation with an advance and not only for pregnancy, you can read in the article "When and how to issue a vacation before the decree?";
- minor employees;
- the couple that adopted the baby under 2-3 months;
- workers who combine several works at the same time;
- parents that raising a child with mental or physical backwardness;
- wives whose husbands are in war or in other dangerous areas. If a vacation is necessary to combine it with the arrival of her husband.

It is also important to understand that the vacation with an advance can only be for the mandatory annual fuss. But there is a list when it is impossible to get a vacation period in advance:
- this is maternity leave and childcare. How do not try, and soon or later you will not leave it;
- complements its additional vacation;
- as well as administrative;
- and you can’t even take an advance student.

How to correctly document everything you need before the vacation with an advance?

Unscheduled vacation with an advance is made out about the same as vacation on schedule. The only difference is writing a statement.
When leaving for timely vacation in turn, the employee necessarily indicates the exact numbers of the exit back to work. With unscheduled vacation, he indicates the reason for his temporary removal from work and the date of return to the workplace.
It is also worth mentioning when there should have been the main fuse, and for what period. If the employer suits everything, the employee pays for the days of his absence and receives a notification that the vacation is allowed.

Important: on vacation by an advance, the employer may refuse! The exception is only the category of persons provided above. But the decisive word still remains with the leader.

Example — An example of a written appeal

The material side of the vacation advance

The collection of vacation pay is calculated based on the developed period. If the personnel of the personnel officer is more than a year, then the calculation is done as for twelve months. The calculation takes place behind this scheme:

summarize the number of hours worked and thus calculate wages;
the amount that they received is divided into months that a person worked;
an approximate monthly earnings are divided into the total number of days developed per year or in six months. Depending on how much the subordinate worked;
the amount that turned out is multiplied by the days of this vacation;
vacation pay, taking into account taxes. That is, a person receives his money after their deduction.

The main "underwater stones" leave in advance

The main risks are taken by the employer. After all, there are times when the employee does not return after the vacation, which was issued ahead. By the way, is it possible and how to quit properly during or after it can be seen in the material "How to quit during vacation without working out?".
If the reserved employee has not worked for a year, then the boss may calculate the amount for the vacation used from his received payment. This says Art. 137 of the Russian Federation "Restrictions of collection from salaries."

Important: do not forget that the employer does not have the right to keep more than 20% of the monthly payment. You can refer to the 138th article.

But there are exceptional cases when nothing comes of it. This happens if the enterprise where the employee works is liquidated. Or the employee is dismissed not of their own free will, but because of the reduction.
- Also, the category of the employee from a medical point of view falls under the category. And, of course, in the event of death from a working individual, you can’t recover any compensations.