Therefore, compensation is possible only within the working year and after its end, provided that the employee has used 24 calendar days of the annual main and additional leave for this working year. This was reminded in the State Labor Service in Dnipropetrovsk region.
If the employee has unused annual basic leave of 24 calendar days each, he will not be able to receive compensation. This requirement is due to the fact that the leave is granted to the employee primarily for rest and health promotion, so the law prohibits the employer to compensate for the unpaid leave.
For what vacations can you get cash compensation?
It is provided that to accumulate, and then to use or receive compensation it is possible only for annual vacations which are provided by item 1 of h. 1 Art. 4 of the Law "On Holidays", and additional social leave for children in accordance with Art. 19 of the above law.
Such vacations include:
- annual basic leave;
- annual additional leave for work with harmful and difficult working conditions;
- annual additional leave for special work;
- other annual additional leave provided by law.
PLEASE NOTE that a certain category of employees, namely persons under the age of 18, is prohibited from replacing all types of leave with monetary compensation.
However, it is possible to pay compensation for additional leave to employees who have children or an adult child with a disability from childhood of subgroup A and group I (Article 19 of the Law on Leave) only in case of dismissal, because this leave is social and not annual.
If an employee is fired and has unused vacation days?
In this case, if the employee does not want to rest during unused vacation days, the company must pay him monetary compensation for all days of these holidays. Irrespective of the year for which the leave is granted, the average earnings of the employee for the last 12 calendar months are taken into account for the calculation of leave. The amount of compensation is calculated as the product of average daily earnings and the number of calendar days of unused leave.
How is compensation paid for unused social leave?
Additional leave for employees who have children or an adult child with a disability from childhood of subgroup A of group I, is granted not for a working year, but for a calendar year. Therefore, in case of dismissal of an employee at the beginning or in the middle of the year, he is paid compensation of full-time leave.