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If an employee takes paid social leave and then wishes to use their right to annual leave, how will the calculation be made?
If an employee takes paid social leave and then wishes to use their right to annual leave, how will the calculation be made?
One of the situations encountered in practice is when an employee takes their paid annual leave 2 months after returning from partially paid social leave.
Example: An employee with a monthly salary of 800 manats went on partially paid social leave for 18 months after their social leave ended. When the employee takes their paid annual leave 2 months after returning from partially paid social leave, how should the employer calculate the daily leave payment?
Some of our colleagues believe that since the employee was on partially paid social leave, the income of the last 2 months should be summed up and divided by 2 months. However, according to Article 140 of the Labor Code, it is stipulated that the paid annual leave should be divided by the last 12 months, and no exception is provided regarding the employee being on partially paid social leave. Therefore, the income for the 2 months (800 manats x 2 months = 1600 manats) is summed up, and the obtained amount is divided by 12 and then by 30.4 to find the daily leave payment for one calendar day. In this case, the leave payment will be low. It is possible that the employer may consider a different approach in internal regulations or inform the employee that it is financially more suitable to use the paid annual leave right in the next period.
One of the situations encountered in practice is when an employee takes their paid annual leave 2 months after returning from partially paid social leave.
Example: An employee with a monthly salary of 800 manats went on partially paid social leave for 18 months after their social leave ended. When the employee takes their paid annual leave 2 months after returning from partially paid social leave, how should the employer calculate the daily leave payment?
Some of our colleagues believe that since the employee was on partially paid social leave, the income of the last 2 months should be summed up and divided by 2 months. However, according to Article 140 of the Labor Code, it is stipulated that the paid annual leave should be divided by the last 12 months, and no exception is provided regarding the employee being on partially paid social leave. Therefore, the income for the 2 months (800 manats x 2 months = 1600 manats) is summed up, and the obtained amount is divided by 12 and then by 30.4 to find the daily leave payment for one calendar day. In this case, the leave payment will be low. It is possible that the employer may consider a different approach in internal regulations or inform the employee that it is financially more suitable to use the paid annual leave right in the next period.