What happens if you don't take a vacation? Is unused vacation lost? Guaranteed right to rest under labor law

Deputy head of Rostrud Ivan Shklovets answers hot questions about workers’ rights

ONE PART OF VACATION - NOT LESS THAN 14 DAYS

“After we signed the vacation convention this summer, the HR department told us that accumulated vacations should be taken off as soon as possible, and starting next year there should be no unused vacation days at all!” - says KP reader Ekaterina and asks for a precise answer: what will now happen to the vacations accumulated earlier and will unused vacation days begin to burn out?

I immediately want to reassure Ekaterina and everyone who is in labor relations: ratification International Convention about vacations has absolutely no adverse consequences for workers, - first of all, the deputy head of the Federal Service for Labor and Employment (Rostrud) Ivan Shklovets is pleased and competently explains: - All accumulated vacations are preserved and in no case are burned out.

At the same time, the convention, like the Russian Labor Code, determines the periods during which accumulated vacations must be used. This is, first of all, a strict requirement for employers: they are obliged to ensure that employees rest at least as required and that in case of non-use of vacation this year he certainly had to take time off for 12 months after the end of the working year for which he was due.

In general, from January 2011, the controlling and supervisory body - the State Labor Inspectorate - will be more closely monitoring that organizations send their workers to good rest- 28 days during the year, and the accumulation of vacations was kept to a minimum: strictly by law, this is allowed only in case of production necessity (when an employee going on vacation “may adversely affect the normal course of work of the organization”).

By the way, those who like to save vacations and take 4 - 5 times a year for 5 days (plus weekends - it turns out to be a week), should keep in mind that now employers will more strictly adhere to the rule: at least one part of the vacation must be no less than 14 calendar days.

“I WANT EVERYTHING AT ONCE”

Igor had already accumulated 60 days of vacation, and he became interested in whether, in light of the latest trends, it was possible to take and go on vacation for all two months at once. “I would like to go to Goa from the New Year until the end of winter,” the worker dreamed. What will Rostrud say?

Of course, it is better to resolve such issues in agreement with the employer, advises Ivan Shklovets.

And the following argument will help you achieve such agreement.

The employer should be interested in ensuring that employees take all their accrued vacations as quickly as possible,” notes the deputy head of Rostrud. - Because the presence of unused vacation days means that the employer did not provide its employees with the days of rest required by law in a timely manner and in full. And this is a violation of labor legislation and may ultimately become a reason for administrative liability.

It’s clear that in reality you are unlikely to put your own employer before the labor inspectorate, but we hope you can construct your conversation more meaningfully.

WHEN YOU CAN GET COMPENSATION WITHOUT FIRMING

“Really? the only case When can you receive compensation for unused vacation days? Is this dismissal? Maybe there are still some chances? - Alexey asks hopefully.

There is such a case! - confirms Ivan Shklovets. - We are talking about the so-called additional paid leave, which by law is provided to certain categories of workers in addition to the standard 28-day leave.

One of the most common situations in practice is additional three-day vacations, which Labor Code must be provided annually to employees with irregular working hours.

Please note: we are talking specifically about those cases when such an irregular day is legally fixed, that is, officially provided for by your employment contract. But those who have to stay late at work without any formalities, unfortunately, cannot count on a vacation increase.

By the way, for many it may be a real revelation that according to the current Labor Code, with irregular working hours, the employer is allowed to involve employees in overtime outside normal working hours only EPISODICALLY. That is, no more than several times a month, Rostrud explains. And more frequent shock work is recognized as overtime work, for which a separate additional payment is due.

So, if you meet the conditions necessary to receive an additional three days of rest (see above), then you have the right to count on payment of monetary compensation instead of such leave, but only if the employer agrees with this, emphasizes Ivan Shklovets. It should be borne in mind that the employer has the right to disagree and insist on using vacation “in kind”.

Also do not forget: monetary compensation can only be paid for part of the vacation exceeding 28 calendar days.

WHAT SHINES FOR A YOUNG MOTHER?

“My wife was on maternity leave for up to one and a half years, and a month ago she went to work on a shortened day - 4 hours,” reports Sergei. “Tell me, when will she now be able to get her regular vacation and how many days will she be entitled to: 28 or less?”

To obtain the right to the first paid leave in full (28 calendar days), you must work continuously for at least six months for this employer, explains Ivan Shklovets.

However, keep in mind: parental leave is not included in the length of service required to provide annual paid leave. At the same time, if during the period of maternity leave the mother goes to work on a part-time basis (the law allows for such a regime to be established at the woman’s request), then this period will already be counted towards the length of service required to grant leave.

Thus, in the situation of Sergei’s wife, if she returned to work only after the end of her maternity leave (and this most often occurs in practice), the period for granting her the next annual paid leave will be determined based on the vacation schedule in the organization. At the same time, by agreement with the employer, it is possible to provide leave in whole or in part at any time that can be agreed upon.

The Labor Code obliges the employer to provide its employees with annual paid rest for a total duration of 28 days. For special conditions labor activity, special territorial conditions or individual categories Individuals are also provided with additional paid or unpaid periods of rest. What happens when an employee does not manage to use his legal break days in a timely manner? Our article about unused vacation for last year takes into account all changes in the Labor Code of the Russian Federation on vacation pay.

From the article you will learn:

According to the new law, will days of primary vacation disappear if an individual does not use them on time?
Do days off work disappear? additional leave
Is there any news in the legislation regarding combustible vacation days?
When can unused vacation days expire?
What actually happens to unused rest periods
Does the employer notify its staff about days off?

Does unused vacation from previous years expire?

According to Art. 115 of the Labor Code of the Russian Federation, employees are entitled to annual rest, which lasts 28 days. In some cases, extended basic leave may be granted.

This period of break from work is provided for each year worked, while for the first time the employee has the right to go on vacation after six months from the date of hire, but if the employer does not mind, then he can go on vacation earlier.

If for any reason an employee does not go on vacation within a certain period of time, then the days of rest continue to accumulate and in no case are burned out, but are transferred to later periods.

An employee can receive monetary compensation at any time only for part of the annual break in work exceeding 28 days (meaning employees who have the right to extended leave, or those who have the right to additional leave, Article 126 of the Labor Code of the Russian Federation), or for all non-time off days. days upon dismissal (Article 127 of the Labor Code of the Russian Federation).

Do unused vacation debts expire or not if the vacation is additional?

Certain categories of workers listed in Art. 116 of the Labor Code of the Russian Federation, in addition to the main rest, additional paid holidays are provided, the minimum duration of which is also established by the Labor Code.

According to the norms of Art. 126 of the Labor Code of the Russian Federation, additional periods of interruption in work can be replaced by monetary compensation. But there is a limitation. Pregnant women, minor workers and persons working under harmful conditions labor, cannot receive monetary compensation even for additional leave without dismissal. They are required to take their vacation off.

What happens to unused vacation for last year under the new law?

There have been no changes regarding unused vacation for a very long time. Previously, it was possible to replace days not taken off with monetary compensation, but for more than 10 years this can only be done with days of additional leave. For basic leave, compensation can only be paid upon dismissal.

According to Art. 124 of the Labor Code of the Russian Federation, failure to provide the main rest period for two years in a row is unacceptable. It is understood that the employee must use at least part of the rest time. But even if the days accumulate over a long period, the vacation still does not expire, but is either transferred to the next year, or compensation for unused days can be paid upon dismissal.

When do unused vacation days expire?

As has already been said, no matter how long the periods of legal break in work accumulate, they cannot burn out. They are either transferred to more late date, or are paid in the form of compensation upon dismissal or without dismissal, if we are talking about days of additional leave.

If it doesn’t happen that unused vacations are burned, then where do they go?

The employer is obliged to warn the employee that, according to the approved schedule, he will have to go on vacation, at least 2 weeks before the start of such vacation. If the employer does not do this or if the employer does not transfer vacation pay on time, then the employee has the right to ask for the vacation time to be postponed to another date. This is stated in Art. 124 Labor Code of the Russian Federation. Moreover, if, due to production needs, it is not possible to let the employee go on vacation this year, then the vacation can be postponed to a later time. But it is impossible for the actual vacation to begin later than 12 months after the working year for which the vacation is granted.

It should be borne in mind that a worker is not considered a calendar year, but a year that begins from the date of hiring and lasts 12 months, and, accordingly, a year that begins 12 months after the date of hiring and also lasts 12 months, etc. d.

For example, for an employee who was hired on June 8, 2015, the working years are as follows:

If vacation days still remain unused, then there are several options to solve the problem:

postponement of vacation to a later date;

payment of compensation for unused days, if we are talking about additional vacations or days of extended basic vacation beyond 28 days;

payment of compensation for unused vacation upon dismissal.

In any case, vacation days do not disappear anywhere.

Must an employer notify an employee if there are unused vacation days?

Before forming a vacation schedule for the next year, the person in charge must notify the staff about how much rest they can expect. And in addition to rest for work in the coming calendar year, the schedule also includes those days that were not previously used for work in previous periods.

In our country, there are often cases when an employer various reasons refuses to allow the employee to go on vacation. In this regard, the topic of unused vacations worries many people. In this article we will tell you whether unused vacation expires and what compensation the employee is entitled to.

Do unused vacation days expire?

First of all, in this situation, you should understand whether unused vacation days can be burned. The Labor Code establishes that every worker in our country is entitled to a vacation of 28 calendar days during the year. This is the so-called main vacation. There is also the concept of additional leave for some professions and regions.

By law, vacation must be used within a year. If desired, it can be divided into parts, the main thing is that at least one of them is not less than fourteen calendar days. If for some reason it is not possible to take a vacation, it should be rescheduled for another period. But it must be used no later than 12 months after the end of the period for which it is issued.

At the same time, in mandatory for such a transfer there must be compelling reasons that are enshrined in the Labor Code.

All reasons for postponing vacation can be divided into those initiated by the employee and those initiated by the employer. For ease of consideration, they are listed in the table below.

Reasons initiated by the employee	Reasons initiated by the employer
Personal extenuating circumstances. Management decides how respectful they are.	An urgent job has appeared that no one except an employee going on vacation can complete
Disease	Updating production technologies
	Business trip that cannot be rescheduled
	Company reorganization
	Temporary incapacity for work of a manager, if the employee in this case is assigned his duties
	Unscheduled inspection of the organization from the outside government agencies and higher divisions, if the participation of a vacationer is required in them

In all the above cases, the vacation is transferred to another period. In this case, not a single unused day is lost. In the current year, you can use vacation days that have remained untaken during the previous 18 months.

Compensation for unused vacation

We found out that unused vacation days do not disappear and are not burned. However, they cannot be accumulated in accordance with the law. The Labor Code establishes that the employer does not have the right to refuse to provide an employee with leave. Such a violation may result in a fine of 50 thousand rubles.

Previously, the employee had the right not to go on vacation, but to receive compensation in cash equivalent. Since 2011, Russia has joined the International Convention, which regulates the provision of vacations. Now it is impossible to receive compensation instead of the main days. In addition, you cannot postpone your vacation for more than two years.

It is not beneficial for company management to allow employees to accumulate unused vacation days. There are several explanations for this:

problems may arise during inspection by the labor inspectorate;
There are options when the employee will have to pay compensation; the more such days accumulate, the greater the company’s expenses will be.

In practice, many employers want to reduce the number of vacation days due to the employee, not allowing him to rest. To this end, they use several techniques:

when giving an employee a vacation, it is issued from Friday (that is, legal days off are added to the number of vacation days);
without allowing the employee to take a well-deserved rest, he is asked to write an application for leave on weekends;
the employee is given leave, but in fact he continues to work.

All of the above options cannot be called effective. On the one hand, management convinces employees that in these cases they can receive two payments at the same time - wages and vacation pay. On the other hand, by agreeing to such offers, the employee loses his legal right to rest. However, there are several legal ways to spend all unused vacation days while serving in a particular organization.

Compensation for employee upon dismissal

If an employee decides to quit, if he has unused vacation, he has the right:

Write an application for leave with subsequent dismissal. At the same time, he will not have to work the required two weeks if the unused vacation exceeds 14 days. Or reduce the working period by the available number of unused rest days. Read also the article: → “”.
Receive monetary compensation for all days of unused vacation.

Calculation of the number of unused vacation days and an example of their use upon dismissal

To calculate the number of unused vacation days, it is carried out according to a certain algorithm, which is presented in the table

Step No.	Calculated indicator	Calculation features
1	Number of months worked in the organization	If the number of days in an incomplete month is less than fifteen, they should be discarded. If more than 15, one month should be added.
2	How many days of vacation is an employee entitled to for time worked?	The number of months obtained as a result of the calculation at the first stage is multiplied by the coefficient of the number of vacation days due per month (28 / 12)
3	Determines how many days the employee spent on vacation	Calculated based on the vacation order
4	Number of unused vacation days	Defined as the difference between the results of points 2 and 3

Let's assume that the employee joined the company on July 14, 2014. On February 6, 2017, he resigns at will. During the period of work, he was on vacation 3 times for 14 days. Counting seniority in this company, we find that the employee worked for 30 months and 23 days. The number of days in an incomplete month exceeds 15, so we add a month to the length of service and get 31.

For 31 months, the following number of vacation days is due:

28 / 12 * 31 = 72.33 days

Time off was: 14 * 3 = 42 days
Remained unused 72.33 – 42 = 30.33 days

If an employee writes an application for leave with subsequent dismissal, he will be paid vacation pay for 14 days, and compensation for the remaining 16.33 days.

Compensation for unused vacation when going on maternity leave

There are no fundamental differences in relation to pregnant employees: it is impossible to receive compensation for unused vacation days. However, the employer does not have the right to deprive them of the right to go on vacation. In this regard, there are several options for registering unused vacation, which are presented in the table.

Option No.	Name	Description
1	Adding unused days to sick leave	A woman goes on sick leave for pregnancy and childbirth earlier, having written an application for leave during unused quantity days
2	Extend maternity leave	A woman returns from maternity leave later for as many days as she did not take off on her allotted vacation.
3	Receiving vacation in advance	Some companies allow women to use vacation in advance for periods when she will be on maternity leave and go on sick leave that number of days earlier

Application for vacation days not taken off

To use vacation days remaining from previous periods, the employee must write a corresponding application. In essence, it is no different from a standard application for regular leave and is drawn up according to the following rules:

The application is drawn up on an A4 sheet of paper.
Traditionally, such documents are written by hand. Some organizations allow text to be formatted on a computer, followed by printing and signing.
The header is written approximately in the last third of the sheet. It indicates the position of the person to whom the application is sent, the name of the organization, the surname and initials of the addressee. Next, you should write a statement from whom in the form of the phrase: “from position, surname and initials in the genitive case.”
The name of the document (application) is indicated with a capital letter on the red line. There is no period at the end.
Again, a clear request is drawn up from the red line - I ask for leave from such and such a date lasting so many days. Some organizations additionally ask you to indicate for what period the requested leave is due. Therefore, it is best to clarify this point with the accounting department or human resources department.
At the bottom is the employee’s signature and its transcript, as well as the date the application was drawn up. Read also the article: → “”.

In principle, there is nothing difficult in writing an application. But it is always better to clarify what text should be written in it, because in some rules it is clearly established.

Difficulties with paying compensation for unused vacation

Until now, many employees, not knowing that the legislation regarding vacations has changed, do not want to go on another vacation. This is especially true for those who have a rather difficult financial situation. Such people expect their employer to pay them compensation. As a result, workers are often left with nothing.

Judicial practice shows that employers often take advantage of employee ignorance to save money. The fact is that the law establishes the right to postpone vacation no further than 18 months and only on the basis good reasons. If dismissal occurs after this period, even the court in some cases does not help achieve compensation.

It is legally established that an employee whose rights have been violated must file a corresponding application with the court no later than three months. Naturally, employees who continue to work for the company do this extremely rarely. As a result, upon dismissal, they are faced with a refusal to pay the compensation they are entitled to. Having gone to court, they find out that the statute of limitations has long expired, and it is unlikely that anything can be done.

FAQ

The topic of unused vacations seems to be quite extensive and complex. This leads to the emergence huge amount questions. We will try to answer the most common ones below.

It is legally established that the employer is obliged to provide vacation to its employees. Therefore, without dismissal, it will not be possible to receive monetary compensation for the main part of it. Another thing additional days vacation. At the request of the employee, they can be replaced with a cash payment. However, for several categories of citizens such a right is not provided; they must rest in full. These include:

employees who are under eighteen years of age;
pregnant women;
employees engaged in hazardous work.

Question No. 2. The employee is accepted on condition probationary period during three months. However, after two years he quit. Is he entitled to compensation for unused vacation?

The law does not establish any specifics for providing leave to employees who are on a probationary period. Therefore, if such an employee is dismissed (whether at his own request or due to non-compliance with the company’s requirements), he is entitled to be paid appropriate compensation.

Thus, the procedure for providing unused vacation days is clearly regulated in Russian legislation. The employee must clearly understand his rights so as not to end up with nothing. In case of violation of rights by the employer, the court must be filed within three months, otherwise it will be impossible to change the situation.

One-click call

People who are employed are often interested in the question of whether vacation time is lost or whether it can be used in the future. It is worth knowing the norms of the Labor Code in order to properly build relationships between a subordinate and a manager, including in matters of rest time. According to the Labor Code, workers have the right to rest. The period when the employee does not work but rests is paid. This right is reflected in legislation. In most cases, this period is 28 calendar days; there are other lengths of time.

Unused vacation – unused vacation days for one reason or another. This can be an extreme demand in the workplace. Perhaps the employee, on his own initiative, decided to go without vacation. The reason is not that significant.

Procedure for registering unused vacation period

It is necessary to record the vacation not taken off, otherwise it may burn out. HR department employees are required to deal with these issues. If the enterprise is not large, then perhaps the accounting department deals with such things. The employee has the legal right to inform management of his intention. He can choose to either receive cash payment, or rest for the prescribed period.

The next vacation is provided once a year. It is calculated after twelve months of work. The employee must submit a written application, after he has worked for 6 months at the enterprise.

By law, the manager must satisfy your right. If a person has worked for a calendar year, this means that he has unused regular vacation. In this case, leave is granted upon request. Management's arguments about production necessity and indispensability are unjustified.

The reality is somewhat different from the “letter of the law”. It is unlikely that anyone will conflict with management. In this case, you could lose your job. Under such circumstances, solutions are found that would satisfy each of the parties.

The law stipulates that if an employee does not rest, he is entitled to monetary compensation. It may be required in some cases. Exist certain conditions who talk about protecting workers' rights. Laws are adopted taking into account that managers of large and small enterprises cannot mislead people and simply exploit them.

There are bodies whose responsibility is to monitor the process of compliance with the rule of law in organizations. The employer must monitor the health and rest of subordinates. If employees do not take rest for any reason, and there is a vacation debt, they are awarded compensation.

Read also On the possibility of extending parental leave after the child reaches 3 years of age

Conditions for payment of compensation

Instead of non-vacation leave, upon dismissal, the employee is entitled to accrual of compensation payments. When drawing up the order, the administration indicates that there is unused vacation for several years. It comes in several types:

The next one.
Special.
Additional, etc.

Is it possible to receive payment without leaving the company? Perhaps, if the employee rested for at least half of the required period. Only then is compensation paid. Does unused vacation expire? Unused vacation from previous years does not expire.

In accordance with Article TC No. 124, an employee has the right to use all accumulated vacation days for previous years with a particular employer. It is possible to add days to the current next vacation. This question arises often - if I didn’t take vacation over the past year, does my vacation expire? For example, if there are days left over from last year, they automatically transfer to the next year. Perhaps add 13 days to your next vacation. In case of dismissal, in accordance with Article No. 127 of the Labor Code, the employee has the right to:

Receiving monetary compensation for unused vacation.
Submitting an application for vacation with further dismissal (at one’s own request, if for other reasons it is not paid and vacation days are running out).

Unused vacation arrears expire in 2019

Do vacations from previous years expire? The answer to the question is unequivocal - no, both the unused vacation period in 2016 and in 2019 does not expire. Workers who, for various reasons, practically do not rest, accumulate debts on vacation days that are quite large.

This situation, as a rule, does not suit the employer. The following reasons:

The labor inspectorate will be interested in the issue of inadequate rest for employees.
For accumulated vacation days, compensation will have to be paid upon dismissal of an employee, on the basis of Labor Code Article No. 127. Therefore, managers offer employees all kinds of options for canceling vacation time for previous years.

Disposal options, advantages and disadvantages:

The employee takes off the vacation period in parts or in full (TC Article No. 125). Receives proper rest, as well as payment (vacation pay).
Sometimes management suggests dividing the period into short time, mostly on weekends. At the same time, the employer argues that this is a benefit for the employee, since he will receive greater material benefits. A certain amount (vacation pay) will be paid for a day off. So the vacation will be burned (debt on vacation days).
The worst option is to take another vacation and continue working. The employee receives vacation pay, but loses wages, since he is officially on vacation.

Important! The same rules apply to additional vacation days as to regular ones. Additional unused days can be used by adding them to the current, upcoming vacation. Or, upon dismissal, you will be paid compensation, in accordance with Article No. 127 of the Labor Code of the Russian Federation.

As for 2019, the Labor Code of the Russian Federation does not change. Workers are entitled to rest once a year. If people continue to work during this period, then, according to Rostrud letter 1921-6, a citizen who has not rested has the full right to all unused vacation days. There are no changes in this matter in 2019.

The law prohibits working without vacation, receiving a cash equivalent instead of the allotted vacation once a year. But this does not mean that there are no options for how to receive compensation for unused vacation. Not only do they exist, but they are completely legal and can be used in legally permitted situations.

Under what conditions will holiday compensation be paid?

Any employee is entitled to annual paid leave (Article 114 of the Labor Code of the Russian Federation). The duration of the main vacation is 28 calendar days. There is also additional leave that is provided:

in the conditions of the Far North and regions equivalent to them;
in harmful and hazardous conditions labor;
V special conditions, with irregular working hours, etc.

If there are doubts about whether it is possible to receive compensation for unused vacation, then by turning to the Labor Code, you can understand that the answer is clearly affirmative.

The equivalent for untaken rest may be assigned if:

the employee quits;
the rest he is entitled to exceeds 28 calendar days (Article 126 of the Labor Code of the Russian Federation).

Upon resigning, an employee has the right to receive benefits for all days of earned rest. The amount of compensation is calculated based on the number of vacation days and average earnings for the last year.

The second case in which compensation is possible is a vacation of more than 28 days. Then, for all additional days or part of them, the cash equivalent is charged. For example, if you are entitled to 34 days of vacation, then you need to use 28 of them for rest, and receive compensation for the remaining 6 days.

However, the law does not oblige the employer to strictly follow this rule. The employer has the right not to pay additional vacation days, but to demand their use for rest.

Please note! The rule does not apply to pregnant women, workers under 18 years of age, or workers employed in hazardous and hazardous industries. They must use the additional leave for its intended purpose.

Why is vacation transfer allowed?

The legislator stipulated the occurrence of situations during vacation when annual leave must be interrupted or provided at a different time. Such cases are:

transfer of leave due to sick leave;
the need to perform government duties, during which time exemption from work is granted by law;
in other cases.

Non-payment of vacation pay, notification of vacation less than 14 days before its start also becomes the basis for transferring the vacation to another period agreed with the employee.

If manufacturing process requires the presence of the employee and his going on vacation paralyzes the activities of the organization; with the consent of the employee, the vacation is also postponed to another period of time. However, it must be used within the year following the year of provision. That is, working for 2 years without vacation is acceptable.

Therefore, if you need to find out whether it is possible to replace vacation with monetary compensation in case of its postponement, remember that in in this case the legislator says “no” (Article 124 of the Labor Code of the Russian Federation).

Workers who are under 18 years of age, as well as those employed in hazardous and hazardous industries, must be granted leave annually; transfers are not allowed.

Use of vacation before dismissal

According to Article 127 of the Labor Code of the Russian Federation, when planning to terminate the contract, an employee can take the leave due to him and then resign at his own request. They write a statement indicating the date of dismissal, which should be the last day of vacation. If the deadline has expired employment contract, the employee has the right to use before dismissal due leave and the date of termination of the contract will also be the last day of vacation.

This date may not coincide with the previously established end date of the employment contract. If a vacation is taken by an employee who has written a resignation letter of his own free will, he has the right to change his mind and withdraw the resignation letter before the start of the vacation. If another employee is hired in his place, then withdrawal of the application for dismissal is not allowed (Article 127 of the Labor Code of the Russian Federation).

How to get cash coverage

As mentioned above, if the employee is not sure whether leave can be replaced monetary compensation in 2019, it is worth seeking clarification from the article of the law. The rule stipulates that compensation is paid only upon dismissal, for all required vacation days, or if non-core days are not used. To obtain it you need to do the following:

Submit a free form application. If there is a special form - on the form. The header of the application indicates the position of the person who will endorse the application and his full name. Next, indicate the full name of the applicant.
The title of the document is “statement”.
The text itself is a request to replace vacation days with a cash equivalent. Indicate under what circumstances the additional leave was given, its duration and refer to Article 126 of the Labor Code of the Russian Federation on the right to receive compensation.
Put the date and your own signature.

After 10 days or on the date of the next payment of wages accepted at the enterprise, the payment must be issued to the applicant. Basic leave cannot be replaced by compensation. This is a violation of the law and the guilty person is subject to administrative liability in the form of a large fine. The dilemma of whether it is possible to take compensation for unused vacation, if it is not the main one, without imposing penalties on the employer, suggests the answer: yes, it is possible.

Watch the video about vacation compensation before dismissal:

Upon dismissal, the employee is required to pay compensation for all days of vacation. If it was not provided within two years, then in two years.

If an employee does not have the right to receive additional leave, then he does not have the right to compensation for vacation days, for example, unused for 2 years and, accordingly, doubled.

How to take a vacation not all at once

According to the Labor Code of the Russian Federation, the division of vacation into parts is possible with agreement with the employer. At the same time, one of the parts should not be less than 14 calendar days (Article 125 of the Labor Code of the Russian Federation). The remaining days can be taken in any proportions. In particular, twice for 7 days, twice for 5 days and 4 days, and so on.

The specialist answers questions in the comments to the article