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140 days of rest - the Ministry of Labor explained how long a vacation can last

Tengrinews.kz — Can annual paid leave last for several consecutive months? This question arose following a social media post by an employee who claimed to have accumulated 140 days of leave and must now use them. Tengrinews reached out to the Ministry of Labor to find out what the law says on the matter.
How it all began
A social media post went viral after the author shared that they were about to go on leave for 140 days straight. To support the claim, the author attached a photograph of an application for annual paid leave.
Screenshot: Threads
The post sparked a heated debate among employees from various companies. In the comments, users shared personal stories: some admitted to hoarding unused leave for years, hoping for a payout upon resignation, while others said their companies, on the contrary, insisted on employees taking time off.

"I've noticed a trend in Kazakhstani companies where people accumulate leave days. Some manage to save up 70 to 100 days. The idea is to take the cash when they quit. Nobody thinks about their health, their family, or giving their mind and body a rest," wrote wrote the author of another post.

She also shared that when she left her previous job, she had only five or six days of leave accumulated because the management actively encouraged employees to take proper holidays.
Screenshot: Threads
Some commenters noted that their employers personally ensure that staff take their breaks on time.

"They 'force' us to take leave. By law, you have to take at least two weeks a year. Of course, everyone is fine with it. You absolutely need to rest, no matter how much you love your job," wrote one participant in the discussion.

The author of the post supported this approach.

"They are right to 'force' it. I do the same thing where I work. I track it and send reminders. I agree that even with the most beloved job, you need a break," she noted.

Other internet users admitted they had faced the opposite situation.

"In the past, I simply wasn't allowed to take leave—too much work, nobody else could handle it, and so on. Now, I'm ready to go on vacation four times a year," and "I always plan my rest first, then my work. All work and no play makes for a very burnt-out employee," commenters wrote.

There were also stories about difficulties in getting leave approved.

"In our office, there's always dissatisfaction when an employee wants to take leave. Our CEO thinks you need to work for a full year before taking any time off. I’ve been there a year already, and they still haven't approved my leave, even though it's supposed to start in a week," shared one user.

In contrast, some reported that their companies grant leave without any issues.

"Our management follows labor laws. They send us on leave as required. Plus, there are plenty of other perks," one comment read.

Statement from the Ministry
The press service of the Ministry of Labor and Social Protection of the Republic of Kazakhstan reminded that the procedure for granting annual paid leave is regulated by Article 88 of the Labor Code.
The department explained that annual paid leave is granted for the completed working year. If the working year has not been fully completed, the duration of the leave is determined proportionally to the time actually worked, unless otherwise stipulated by the labor or collective agreement or the employer's internal regulations.
The ministry also specified that the minimum duration of annual paid leave is 24 calendar days.
At the same time, an employer may provide for a longer leave period in the labor or collective agreement, or through the organization's internal policies. In such cases, the employee is granted the extended duration.
Is there a maximum leave duration?
The department noted that the maximum duration of annual paid leave is not limited by the Labor Code.
The ministry explained that the total duration depends on legal standards for specific categories of workers, as well as the terms of the labor or collective agreement. If an employee is entitled to additional paid leave, it is added to the main leave period.
Thus, the legislation does not set an upper limit on the number of days for annual paid leave.
Can leave be split into parts?
According to the ministry, leave can be taken in full or split into parts by agreement between the employee and the employer.
However, the law establishes one mandatory condition: one of the parts of the leave must be at least 14 calendar days.
Furthermore, vacation duration is calculated in calendar days. If public holidays fall within the vacation period, they are not included in the total duration.
Do unused vacation days expire, and when can you take time off?
In The Labor Code also stipulates that unused days of annual paid leave "do not expire." They can be carried over to the next working year, added to a subsequent vacation, or taken separately, subject to agreement between the employee and the employer.
At the same time, the law prohibits employers from failing to provide an employee with leave or a portion thereof for two consecutive years. If an employee resigns, they must be paid compensation for all unused vacation days.
Another important point concerns the initial vacation. The common belief that it can only be taken after one year of employment does not align with the Labor Code. If the employee and employer agree, leave can be arranged earlier. In such cases, the duration is determined based on the time actually worked, unless otherwise specified by the labor or collective agreement.
How vacation pay is calculated in Kazakhstan
We previously reported that vacation pay in Kazakhstan is calculated based on the employee's average salary. As explained by the Ministry of Labor and Social Protection of the Population, the process begins by determining the average daily (or hourly) earnings: the total accrued salary for the calculation period is divided by the number of working days (or hours) in that period.
The calculation period is the 12 months preceding the start of the vacation. If an employee has worked for the employer for less than a year, the calculation is based on the time actually worked.
Although vacation is granted in calendar days, only the working days (or hours) falling within the vacation period are paid.
The ministry also reminded that the employer is obliged to transfer vacation pay no later than three working days before the start of the leave. If vacation is granted outside the approved schedule, payment must be made no later than three working days from the date it is granted.
Additionally, vacation pay calculation is based on average earnings over the last 12 months. All regular payments, including bonuses if provided for by the remuneration system, are included. However, periods of sick leave and unpaid leave are excluded from the calculation.
The Ministry of Labor notes that these rules apply to all employers, regardless of the form of ownership.

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