What about vacations that are not vacations, can they be carried over to other years, in which case I can receive compensation and that vacation can be exhausted? The answers to these questions were given by RG in Rostrud.
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Is it possible to transfer the vacation to next year? When can I receive compensation for unused vacation? Who can’t be replaced with monetary compensation, not even a part of the vacation? In which case, the vacation may “run out”
Can I reschedule last year’s vacation?
An employee must have paid vacations every year. Labor law provides that vacation is granted to employees according to a schedule approved by the employer no later than 2 weeks before the start of the calendar year. Vacation hours are mandatory for both the employer and the employee, according to Rostrud. But it can be changed, by agreement of the parties.
The work year is 12 months and is not calculated from January 1, but from the day the employee starts working for a specific employer.
In exceptional cases, the leave may be carried over to the next work year, with the consent of the employee. This is possible if, for example, giving a person a leave in the current year will negatively affect the work of the organization.
Postponed vacation must be taken no later than 12 months after the end of the work year for which it was granted.
The leave can also be postponed at the initiative of the employee, but this requires the consent of the employer. In addition, labor law prohibits not giving employees a vacation for 2 years in a row.
In which case can I receive compensation for unused vacations?
If an employee resigns without taking all the vacation days that correspond to him, the employer is obligated to pay him monetary compensation for it.
If the employee does not quit, then only that part of the vacation for each work year that exceeds 28 calendar days can be replaced with monetary compensation. For example, a person has a basic paid annual leave of 28 calendar days and an additional paid annual leave of 3 calendar days for one day of irregular work. In this case, only these 3 “extra” days of each year can be replaced by compensation. But the employer may not agree to this: replacing vacation with monetary compensation is a right, not an obligation of the employer.
Who cannot be replaced with monetary compensation or even part of the vacation.
It is not possible to replace with monetary compensation even a part of the vacations (except in the case of dismissal) for pregnant women, employees under 18 years of age, persons employed in harmful and dangerous work, except as provided by an industry agreement or a collective agreement.
In which case the holidays can “burn”
Unused vacation days do not expire. They are delivered next year. And upon dismissal, the employee receives compensation for all unused vacations.
