Will the vacation pay of a teacher who takes a vacation at his own expense be reduced?

06:00 / 21.06.2024 2.70k

Question

One teacher was supposed to go on vacation from June 6, 2023 and return to work on August 1. However, he went to Russia for treatment, took a leave at his own expense and returned to work on October 10.

The accountant calculated the 8 months from October to May and issued 32 days of vacation pay. He will be on vacation from June 20. Then the middle 20 days are not counted?

How is the vacation pay calculated for a teacher who took a vacation at his own expense from August 1 to October 10?

Answer

According to Article 226 of the Labor Code, vacation days that exceed 2 weeks of salary are not included in the length of service that gives the right to take a vacation. The end date of the working year is pushed to this number of days.

According to Article 225 of the Civil Code, if the sum of the periods included in the work year in accordance with Article 226 of this Code is less than 12 full calendar months, the employee's work year is postponed to the missing period.

Example: The employee's work year began on July 9, 2023. Accordingly, it was supposed to expire on July 8, 2024. However, during the working year, the employee was given 60 days of unpaid leave.

The end of his working year will be postponed for 46 calendar days (60 - 14) and will end on August 23, 2024. Accordingly, the next working year will begin not from July 9, but from August 24, 2024.

Here, the teachers go on vacation in the summer, and the question arises: how will we extend their working year? However, there is no special exception for teaching staff in the labor law. It is necessary not to be distracted by part 6 of Article 227 of the Criminal Code.

This rule applies to the procedure for granting annual work leave for the 1st working year, and has nothing to do with extending the working year. In addition, there is no strict requirement that the teacher should go on vacation only in the summer!

Therefore, if we conclude from the above, it is illegal to reduce the annual labor leave of a pedagogue who is on unpaid leave (this situation also applies to employees who are on childcare leave).

In this case, pedagogic employees should be given full vacation pay in advance (if it is the 1st working year, the provisions of Article 227 of the Civil Code should be observed). What will happen to the borrowed leave if the pedagogue quits his job? In this case, we will use Article 269 of the Criminal Code!

If the employer does not give the annual vacation in advance, in this case, the employee's working year must be postponed according to the requirements of Article 225 of the Civil Code!

But this is also not acceptable to the employers, because in this case the teacher will be able to go on vacation at the beginning of the academic year. Therefore, the best way is to give the employee a vacation in advance.