In January we have so many days off that we consider it a mini-vacation (provided, of course, that we work on a 5/2 system and not in shifts). However, sometimes we want to extend the vacation (for example, a long trip is planned).
It is very convenient to simply add your vacation days to the all-Russian holidays - then you can relax properly! But maybe there are some pitfalls here? Let's see if it is profitable to take a vacation for the New Year holidays 2024.
Holiday weekend 2024
So, you have a dream - to ask your boss for a vacation for the January holidays of 2025 and fly to the Maldives. First, let's determine which days are considered non-working holidays according to the Labor Code of the Russian Federation.
In any calendar year, the status of non-working holidays in January is assigned to the dates from 1 to 6 inclusive and 8 JanuaryThese days are called New Year holidays.
January 7th is a separate day – Christmas. It is also a non-working holiday. Thus, the entire period from the 1st to the 8th inclusive is the time when a working person is legally supposed to rest.
Your management will tell you whether you can take a vacation during the New Year holidays. The question of the time of annual rest from work is decided by the employer and the employee jointly, and then the result is fixed in the vacation schedule, which is drawn up by the HR department no later than 14 days before the beginning of the next calendar year.
Therefore, you will need to think about your own vacation and make plans in advance. This is the only thing the law says. The labor legislation does not say anything about the possibility of taking specifically January (or any other) holidays and supplementing your vacation with them.
There are no prohibitions! If you need to, please add New Year's holidays to your vacation period and extend the time of happy dream fulfillment. If, of course, your employer is not against it. Another matter is how logical it is financially.
Is it profitable to take a vacation during the New Year holidays?
Before we figure out how to count vacation days in January 2025, let's think about whether such a long vacation will hit your wallet.
The legislator tells us: yes, you can safely add any days from 1 to 8 to your vacation. In this case, it will last longer. But there is a nuance: holiday weekends that fall during the vacation are not included in it and are not paid. In fact, this means the following: you rest longer, but partly without pay.
A specific example: Ivan Petrovich decided to take a break from his favorite company from December 29 (in order to properly prepare for the New Year) to January 15 inclusive.
He will be given vacation pay for the following days:
- December 29;
- December 30;
- December 31;
- from January 9 to January 15.
Other days are holidays and are not subject to payment as vacation pay. They are included in the payment for January in the usual manner.
Thus, Ivan Petrovich needs to prepare a financial cushion in advance: he will be paid for 10 days of vacation, although in fact he will be blissfully in Costa Rica and eating coconuts for 18 days.
It turns out that a vacation during the New Year holidays is beneficial from the point of view of extending the vacation, but does not look very attractive from the financial side.
How do New Year's holidays transfer to vacation?
We have determined for ourselves whether it is profitable to take a vacation in January 2024. Now we need to understand how our beloved HR department will measure out our happy days.
According to labor legislation, January 1-8 is an untouchable time. These days always extend our vacation, regardless of whether they fall on Saturdays, Sundays, or Thursdays and Wednesdays.
Now let's turn to the immediate future. On New Year's Day 2025, December 30 and 31 fall on Saturday and Sunday. So, the days themselves are days off. However, they are not holidays. They are simply included in the vacation on the same basis and with the same rights as any other days off (according to the calendar).
January 7th in 2025 is Sunday. Therefore, it needs to be postponed. The government has decided to postpone January 7 to December 31, 2025 (so that people can have a rest on New Year's Eve 2025). Will this postponement affect the vacation taken in January 2025? No, it will not affect it at all.
If your vacation is supposed to last 14 days and start on December 29, it will end on January 19 (this will be the last day free from work problems). New Year's holidays are not transferred anywhere, there are no tricky calculations here. They just extend the vacation, and that's it.
What to do if part of your vacation falls on New Year's holidays?
There is nothing wrong with January being a month of rest for you.. Moreover, unlike the majority of working citizens of the country, who will be content with the ten days offered by law, you have the chance to legally not visit your favorite place of work for the entire month of January.
If your vacation lasts 28 days, you will be able to rest until February 2 inclusive, starting to do so on December 29. You just need to make sure that the accounting department correctly calculates the vacation days and correctly accrues vacation pay.
How to calculate vacation in January 2024?
If you work in an office, then most likely the accounting department will not complicate their life and issue vacation from some holiday, for example, from January 4, citing the fact that by law vacation should start on a working day.
In fact, this is not true. It does not matter whether you work a five-day week or in shifts, you can ask your employer to formalize your vacation time from January 3, December 30, or December 29.
You just need to remember: the employer will not pay for holidays "added" to vacation, he has every right to do so. Well, unless he wants to issue you a bonus - at his own request.
We calculate vacation if the number of vacation days is specified
Let's look at some specific examples, how to calculate the days of annual leave that you are entitled to and that your employer is obliged to provide and pay for. You thought about it and decided: why not take 14 calendar days – right from January 1st, so that the year starts off as festively as possible?
In this case, the calculation will look like this: we simply skip the time from January 1 to January 8 inclusive, as if we don’t see it, and start the count from January 9. We simply count all the days in a row from January 9. The last day will be January 22.
As a result, your vacation will be the period from January 1 to January 22, and only 14 calendar days will be paid - the usual ones following the holidays. And in the order, they will also write to you the time of the vacation used - not 22 days, but 14 days.
Now it's a different case. You want to apply for a vacation from December 30 for 14 calendar days. Maybe you would not write an application for December 30, but you are afraid that there will be a rush and you will be called to work on this Saturday. During vacation, the management usually tries not to bother the staff.
You take a 10-day vacation. Then your vacation period will last until January 16 inclusive. At the same time, December 30 and 31, not being non-working holidays (these are ordinary weekends), will be included in these 10 days, and the time from January 1 to 8 will remain "behind the scenes".
We calculate vacation if the start and end dates of the vacation are indicated
At the company "Happy Buyer", the director decided to grant his employee a vacation from December 29 to January 11. He told his subordinate that these were the 14 calendar days of vacation that he had not "taken" last year. Come on, he said, I'll pay you back this debt, and we'll start from scratch.
However, in fact, the employer provided the employee with only 6 days of vacation. This:
- December 29-31;
- January 9-11.
Therefore, the employee of "Happy Buyer" has every right to take his 6 days off, and then demand the remaining 8 from the employer. If the latter objects, you can safely go to the labor inspectorate and invite them to visit the director of "Happy Buyer" at any convenient time.
Of course, it will not be possible to maintain warm relations with the employer, but upon dismissal the employee will receive compensation for the 8 vacation days not taken. This is approximately how the calculation of annual leave looks like if part of it falls on the January holidays.
Do you like to party hard? Add holidays to your vacation. And if you prefer to have a vacation in January with the rest of the country, and then work and rejoice separately, then agree on your vacation for another time. Both options are legal – it's up to you.
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