Vacation by schedule or by application: what is the difference and step-by-step action algorithm
Before granting an employee annual leave, the employer must follow the procedure established by law. It is provided for by the Labor Code of Ukraine and the Law of Ukraine "On Leaves" and consists of several mandatory steps. The Labor and Employment Inspection of the Dnipro City Council reminded the algorithm for arranging annual leave.
Leave schedule
The arrangement of annual leave begins with the approval of the leave schedule for the calendar year. When compiling it, the production needs of the enterprise, the wishes of employees, and the right of certain categories of employees to take leave at a convenient time for them are taken into account.
The schedule is communicated to employees, compiled in a free form, and changes to it are allowed provided they are properly documented.
If the employee goes on leave according to the schedule, the law does not require submitting an application. The basis for issuing an order is the schedule itself and the employee's notification.
Employee notification
The employer must notify the employee in writing about the start date of the annual leave no later than 14 calendar days before its start. This requirement applies even during martial law.
For this, a separate written notice, a memo, an electronic document, a corporate document management system, or another method confirming the employee's acknowledgment may be used.
When an application is required
An employee's application is needed only in cases when:
- leave is granted not according to the schedule;
- it is necessary to postpone the leave date;
- the leave needs to be extended;
- the employee wishes to split it into parts;
- there are other changes regarding the approved schedule.
If the leave is granted within the dates specified by the schedule, the application is not mandatory.
Order for granting leave
The next step is to issue an order granting the leave. It can be issued using the standard form No. P-3 or a form approved at the enterprise.
The order must specify:
- employee's last name, first name, and patronymic;
- structural unit;
- position;
- type of leave;
- working year for which it is granted;
- start and end dates;
- number of calendar days;
- basis for granting the leave.
The employee must be familiarized with the order under signature.
Payment of vacation pay
After issuing the order, the accounting department calculates the vacation pay.
If the employer does not pay it within the period established by law, the employee has the right to demand the postponement of the leave to another period.
Recording in the timesheet
Annual leave must be entered in the timesheet of working time usage.
Most often, the following notations are used:
- "В" or code "08" — annual main leave;
- "Д" or code "09" — annual additional leave.
Correct timesheet entries affect the accounting of working time and payroll.
Filling out the personal card
Information about the leave is also entered in section V of the personal card form No. P-2.
It indicates:
- type of leave;
- period of work;
- start date;
- end date;
- order number.
Such entries must also be made for internal part-time employees.
When leave is postponed or extended
Legislation provides cases when annual leave is postponed or extended. This is possible in case of:
- temporary incapacity of the employee;
- untimely written notification about the start of leave;
- untimely payment of vacation pay;
- coincidence with maternity leave;
- coincidence with study leave.
Splitting leave into parts
At the employee's request, annual leave can be divided into parts.
At the same time, one part must be at least 14 calendar days in a row and belong to one working year. As emphasized by the State Labor Service, it is not allowed to form these 14 days from different working years.
Checklist for the employer
Before arranging annual leave, it is necessary to check whether:
- the leave is provided for in the schedule;
- the employee was notified no later than 14 calendar days in advance;
- an application was received, if necessary;
- an order was issued;
- vacation pay was calculated and paid;
- a mark was made in the timesheet;
- an entry was made in the personal card.
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