Holidays: how to plan, divide, reschedule or extend them

The vacation season is coming, which means that there are a lot of questions on this topic. How do I go on vacation off schedule? Does your employer have to divide your vacation into as many parts as you like? To properly plan your precious vacation time, read the article https://layboard.in/ 

Scheduled vacation and more

Staff time use vacation is determined in advance (at the end of the calendar year for the next year) and is fixed by the employer in the vacation schedule. This document is mandatory for both employee and employer compliance. In practice, however, the timing of leave planned in the schedule and the actual time of leave is different in most companies: it is difficult to plan for the year ahead. Circumstances change, and during the year, both employer and employee may take the initiative to postpone the leave to other dates or even to the next year.

What if the company is against it?

What about if you want to use vacation at a different time from the schedule and your employer objects? Is there any way to reschedule it?

This is only possible if you belong to "privileged" categories that are entitled to use leave at a time that is convenient for them. There is no single list of these categories, and the right is set out in various pieces of legislation.

1. For example, you can use vacation on dates other than the vacation schedule without having to seek your employer"s consent if you are:
2. You have been exposed to radiation as a result of the nuclear power plant disaster;
3. have been awarded the badge "Honorary donor of the country where you live";
4. women during maternity leave or immediately afterwards
5. men during their pregnant women"s leave
6. adopted children under three months of age
7. a concurrent employee (you have the right to use concurrent leave at the same time as your main job leave);
8. an employee whose spouse is a member of the Armed Forces (you have the right to take leave while your spouse is on leave).

If you belong to one of these categories (or another category that is legally entitled to use leave at a convenient time), you do not need to ask if your employer agrees to postpone the leave. Even if your wishes do not coincide with the schedule, your employer must give you leave at your request when you want it.

Extension and postponement of leave

In some cases, leave must be extended or rescheduled mandatorily because it is required by law

Leave must be extended or rescheduled:

• If the employee is temporarily unable to work during his or her vacation, but if your child becomes ill during the vacation, your annual paid leave is not extended, and a certificate of incapacity for work is issued and paid from the day the employee caring for the child is scheduled to return to work

• If the labor law provides for an exemption from work when an employee performs community service during the paid leave

• Other cases provided for by the labor law and regulations are also separately allocated

In these cases, other time off shall be determined by the employer taking into account the employee's wishes.

Also, vacation time must be deferred

1. If payment for your vacation (annual leave) has not been paid for less than three days before it begins
2. If the employee found out about the beginning of his leave later than two weeks before its beginning

In these cases, the employer is obliged, at your written request, to postpone the annual paid leave to another period agreed with you.

How to divide leave into parts

Another important question that often arises among employees is whether it is compulsory to use all days of vacation at once. For example, if your basic annual paid vacation is 28 calendar days and you want to divide it into three parts of 7, 10 and 11 days. Is it possible?

It is possible to divide the vacation into portions. However, your agreement must contain two conditions: 

• both the employer and the employee agree to split the vacation (the employer"s agreement is necessary even if you belong to the "privileged" categories listed above);

• One part of your leave at least 14 calendar days

It turns out that the way the employee in the example above wants to divide the vacation is not possible: it would violate the law. However, if one part of the leave is 14 calendar days, then the chances of obtaining consent to divide the leave into parts are increased. All the more so because usually a If an employee is away from the workplace for a long time, it turns out badly in the future, and employers only very happily agree to the division of their vacation into parts, and sometimes even be the initiator of the division themselves. Whatever the situation, you can both agree and refuse to take a leave of absence, as it must be mutually agreed upon.

This and all other questions of interest can be answered by the Layboard.