The current labor legislation allows replacing with monetary compensation only that part of the employee's leave that exceeds twenty-eight calendar days. In this case, the specified replacement is the right of the employer, who can refuse the employee such a request.
Some employees are not interested in the actual use of their vacation, so they ask the employer to replace it with monetary compensation. Labor legislation allows such a replacement, but it is substantially limited by the need to ensure the employee the right to rest. That is why you can only replace that part of the vacation that exceeds the standard twenty-eight calendar days. This part is available for those employees who have additional annual leave, as well as for employees with extended leaves. The bulk of citizens rest for a minimum of twenty-eight days, therefore, the replacement of any part of such a vacation is a serious violation on the part of the organization.
How is the replacement of leave with monetary compensation formalized?
If an employee has a part of the vacation that can be replaced by compensation, taking into account the above restrictions, then he should write a statement addressed to the manager with a corresponding request. The employer can grant this request or refuse the employee, since he does not have the obligation to replace part of the vacation with such a payment. If the application is satisfied, then the organization issues an order, on the basis of which part of the vacation is replaced by material compensation. The form of this order is not normatively approved, so each company can use internal samples of documents. At the same time, the employee retains the right to ask for the replacement of any number of vacation days in excess of the standard duration of twenty-eight days.
In what cases is it impossible to replace part of the vacation with compensation?
In some situations, the payment of monetary compensation for part of the vacation will be illegal even if the employee has an extended or additional vacation. So, it is legally prohibited to carry out such a replacement in relation to employees under the age of eighteen, pregnant women. If an employee carries out activities in harmful or dangerous conditions, for which he is entitled to additional leave, then the specified time of rest cannot be compensated financially. Finally, when the annual leave is transferred to the next working year, the employer is obliged to provide the employee with both leaves in full (that is, twice for twenty-eight days), one of them cannot be replaced with compensation.
