en
If vacation (leave) days coincide with public holidays…
If vacation (leave) days coincide with public holidays…
One of the amendments to the Labor Code that came into force this year concerns the replacement of public holidays that are not considered working days, the national day of mourning, and voting day when they coincide with the vacation period. So how will this nuance be regulated? Expert Firangiz Samedova has clarified this issue.
The change related to vacation days is reflected in Article 114 of the Labor Code. Paragraph 6 of this article previously read as follows:
“Public holidays that are not considered working days and that fall within the period of annual leave are not included in the calendar days of leave and are not paid.”
After the amendment, the article was approved in the following wording:
“Public holidays that are not considered working days, the national day of mourning, and voting day that fall within the period of annual leave are not considered leave days and are not paid; however, the duration of the leave is extended by the number of such days.”
In this case, for example, if the Qurban and Ramadan holidays coincide with another non-working public holiday and this overlap falls within the annual leave period, the overlapping days are counted as one day.
Let us examine the mentioned amendment through practical examples:
Example 1: An employee working under a 5-day work schedule takes a 14-day annual leave starting from 12.01.2026. When is the employee’s return-to-work date?
Since 20 January — the National Day of Mourning — falls within this period, according to the new amendment, the leave is extended by 1 day, and the employee’s return-to-work date is considered to be 27.01.2026 instead of 26.01.2026.
The previous version of the article caused different practical approaches when regulating such cases.
Example 2: An employee working under a 5-day work schedule takes a 30-day annual leave starting from 01.05.2026. When is the return-to-work date?
Under the previous rule, the number of extended days was 4 days (9 May — Victory over Fascism Day, 28 May — Independence Day, and 27 and 28 May — Qurban Holiday). In this case, the return-to-work date would have been 04.06.2026, since two holidays coincided on 28 May.
Under the new rule, the number of extended days is 3 days (9 May — Victory over Fascism Day, 27 May — Qurban Holiday, and 28 May — Independence Day), and the return-to-work date will be 03.06.2026.
One of the amendments to the Labor Code that came into force this year concerns the replacement of public holidays that are not considered working days, the national day of mourning, and voting day when they coincide with the vacation period. So how will this nuance be regulated? Expert Firangiz Samedova has clarified this issue.
The change related to vacation days is reflected in Article 114 of the Labor Code. Paragraph 6 of this article previously read as follows:
“Public holidays that are not considered working days and that fall within the period of annual leave are not included in the calendar days of leave and are not paid.”
After the amendment, the article was approved in the following wording:
“Public holidays that are not considered working days, the national day of mourning, and voting day that fall within the period of annual leave are not considered leave days and are not paid; however, the duration of the leave is extended by the number of such days.”
In this case, for example, if the Qurban and Ramadan holidays coincide with another non-working public holiday and this overlap falls within the annual leave period, the overlapping days are counted as one day.
Let us examine the mentioned amendment through practical examples:
Example 1: An employee working under a 5-day work schedule takes a 14-day annual leave starting from 12.01.2026. When is the employee’s return-to-work date?
Since 20 January — the National Day of Mourning — falls within this period, according to the new amendment, the leave is extended by 1 day, and the employee’s return-to-work date is considered to be 27.01.2026 instead of 26.01.2026.
The previous version of the article caused different practical approaches when regulating such cases.
Example 2: An employee working under a 5-day work schedule takes a 30-day annual leave starting from 01.05.2026. When is the return-to-work date?
Under the previous rule, the number of extended days was 4 days (9 May — Victory over Fascism Day, 28 May — Independence Day, and 27 and 28 May — Qurban Holiday). In this case, the return-to-work date would have been 04.06.2026, since two holidays coincided on 28 May.
Under the new rule, the number of extended days is 3 days (9 May — Victory over Fascism Day, 27 May — Qurban Holiday, and 28 May — Independence Day), and the return-to-work date will be 03.06.2026.