The procedure for calculating vacation. Annual basic paid leave: procedure for provision. Duration of annual basic paid leave

Extended vacation is additional days off provided for.

The Labor Code of the Russian Federation stipulates cases when an employee can rest more than the standard 28 calendar days. These are citizens belonging to special categories, as well as working in certain positions.

Below you can find out who is entitled to additional extended leave. His days are subject to payment in the same manner as the main vacation days. The procedure for calculating vacation pay can be found. And in you can find examples of calculating vacation pay in various situations.

What categories of workers are entitled to additional leave?

The answer is clearly visible in the Labor Code of the Russian Federation. In simple words speaking, the categories that can count on extended leave (additional days to the main leave) include the following persons:

• Minors, that is, persons under eighteen years of age. Based on article “Labor Code of the Russian Federation” numbered “267”, such persons are granted rest for a period of 31 days.
• Persons who have a documented disability. They are provided with a rest period of at least 30 days.
• "Veterans of Labor". Such persons take the right to extended vacation new period of 30 calendar days.
• Senior citizens. Such workers, just like the previous category of persons, are awarded the right to rest for a period of 30 days.
• Workers whose health is exposed to harm and danger.
• Working people who, according to the terms of the employment contract, work at irregular hours.
• Workers from the Far North and other similar regions, working in difficult climatic conditions.

It is worth noting that the values ​​​​accepted by law for the duration of vacation periods are minimal. The length of vacation time depends on the conditions set by the company. Thus, an enterprise can provide an employee with leave (main or additional) slightly longer than that provided for by law. This criterion depends on financial condition enterprises.

Professions for which extended leave is established

In addition to the groups of working citizens listed above, employees of specific positions and professions are also worthy of taking extended (additional) vacations.

Eg, teachers the law provides the right to rest for 42 calendar days, and in in some cases– even 56!

In 2002, a decree of the Russian government was adopted stating that persons working in production areas where weapons are manufactured chemical species, they may well take advantage of the opportunity for an extended vacation period, lasting from 49 to 56 days. Federal Law No. 136 confirms the existence of such rights among the mentioned citizens.

Employees who are assigned academic degree, are also not deprived of the right to an additional vacation period, and the number vacation days in this case, it is calculated based on the position: doctor of sciences - 48 days, candidates - 36.

Approximately the same number of additional vacation days can be relied upon medical workers who maintain contact with HIV patients for a long time or work with materials contaminated with viruses that threaten the health of a medical worker.

The list of those awarded the right to additional days of rest also includes police officers, state and municipal services, judicial authorities and similar areas of activity.

Workers from emergency services were awarded vacation periods lasting from 30 to 40 days.

They have the same right prosecutors, teachers, scientists in the prosecutor's office system. They are given 30 days of vacation period. Employees of the prosecutor's office system in climate-unfavorable regions can take vacations lasting 45 calendar days, and those who work in the Far North can take as much as 54 days.

The number of vacation days that an employee can use for rest during the year is fixed by law and is 28 days. However, for certain categories of workers the rest period may be extended. In the article we will tell you who is entitled to extended annual leave, how to calculate vacation pay for additional days, and how extended leave differs from additional leave.

Extended and additional leave: main differences

According to the norms of the Labor Code, certain categories of employees are granted the right to rest, the duration of which exceeds the general norm of 28 days. In particular, employees in the education and healthcare sectors, as well as prosecutors and civil servants have the right to extended rest.

Another difference between additional rest and extended rest: employees working, for example, in hazardous industries, receive additional days of rest in addition to the main vacation period. At the same time, extended leave is a type of annual rest, the duration of which exceeds the standard 28 days, and depending on working conditions (schedule), the employee may receive additional days of rest in addition to the main extended leave.

The number of days of extended rest is fixed at the legislative level (TC, Government Decrees, etc.).

In order to find out what kind of leave a particular category of employees is entitled to, you should familiarize yourself with the legislative acts. At the same time, the period of additional leave is not a fixed value; the Labor Code defines its minimum period (for each condition separately). In order to determine the period of additional leave for a specific situation, you should rely on local regulations adopted by the enterprise (for example, Labor Regulations). This is another difference between an extended vacation and an additional one.

Who is eligible for extended leave?

As stated above, the right to an extended rest period is determined depending on the field in which the employee works. In addition, the Labor Code protects the rights of young professionals and provides extended rest for minor workers. Also, people with disabilities have the right to rest “above the norm”. In order to understand in more detail, the godfather is entitled to an extended rest, let’s turn to the TC.

Extended rest by area of ​​activity

The concept of “extended leave” was introduced into labor legislation, primarily to protect the labor rights of workers serving in special, socially important areas. We are talking about teachers and researchers, rescuers of the Ministry of Emergency Situations, and medical workers. For information on the rest period for these categories of employees, see the table below.

In addition to providing extended rest for workers in social professions, the Labor Code also guarantees special labor rights to employees of the prosecutor's office, the Investigative Committee and civil servants of various ranks. More details about each category are in the table below.

Example No. 1. Employee of emergency rescue team No. 18 Petukhov S.P. plans to go on vacation in November 2017. Petukhov’s service experience in the Ministry of Emergency Situations is 17 years. In April 2017, Petukhov took part in extinguishing forest fire(2 days).

11/02/17 Petukhov submitted an application for leave for a period of 37 days - from 11/06/17 to 12/14/17 (35 days of extended leave for service of more than 15 years plus 2 additional days for participation in extinguishing a forest fire).

Rest “extra norm” for minors and disabled people

The state provides labor guarantees to persons with special needs. If your company employs an employee with any type of disability, then during the year you are obliged to provide him with a rest period of at least 30 days. A working disabled pensioner can apply for the same period of rest. However, if the company’s internal regulations provide for rest for a given social category longer duration If this is indicated in the Labor Code, then when applying for a vacation you should be guided by internal regulations.

If you are hired young specialist under the age of 18, then the period of rest should not be less than 31 days a year. You are required to provide the same number of rest days if you hire a university or technical school student under 18 years of age. Whether the employee is hired for a permanent or temporary position does not matter in this case.

How to arrange an extended vacation

When applying for leave for employees entitled to extended rest, be guided by the general provisions:

1. Draw up and approve a vacation schedule for the year. When drawing up, take into account the wishes of employees and the need to provide “indivisible” rest. Approve the schedule for next year necessary until the end of the current one. Read also the article: → “”.
2. Receive a leave application from the employee. The period specified in the application must not exceed the period established for this category of employees. If desired, the employee can combine an extended vacation and the additional days of rest assigned to him.
3. Place an order. Once the order is signed by the manager, it is considered to have entered into force.
4. Make the appropriate notes on the timesheet: OT - for days of extended vacation, OD - if the employee’s vacation is extended with additional paid days.
5. Calculate and pay vacation pay. If an employee does not receive vacation pay at least 3 days before the start of the vacation, this will be considered a violation of labor laws. Also, if necessary, adjust your vacation schedule.

If the employee took a vacation in a period other than planned, indicate this on the timesheet, supporting it with reasons (for example, postponing vacation due to illness).

Calculating vacation compensation

Calculation of vacation pay for extended holidays is carried out in the same way general rules. There are no specific calculation features here: based on the order, you calculate vacation pay based on average earnings and the number of days of rest.

Example No. 2. Educator kindergarten for disabled children Khokhlova K.N. I took a vacation for 56 days (07/01/17 – 08/26/17). Khokhlova’s salary is 14,320 rubles. Billing period – 07/01/16 – 06/30/17. During this period, Khokhlova was present at work all days.

Khokhlova's vacation pay was calculated as follows:

• Average daily earnings

RUB 14,320 / 29.3 = 488.37 rub.

• Vacation pay for 56 days

488.67 * 56 days = 27,365.52 rubles.

Based on Khokhlova’s application and order, vacation pay was credited to the teacher on June 26, 2017.

Rubric “Question and answer”

Question No. 1. Employee of the Tula Prosecutor's Office Semenov S.D. retiring in March 2017. As of 03/01/17, Semenov has 32 days of unused vacation. Can Semenov receive monetary compensation for these days?

If Semenov wishes, based on his application, he can use rest days before dismissal (for example, in February 2017). If Semenov does not write a corresponding application and does not use the rest days before retiring, then the amount of payments due to him upon dismissal will be increased by the amount of compensation for vacation (average earnings * 32 days). A similar rule should be followed in other cases of termination of service by employees of the prosecutor’s office, such as dismissal due to reduction or liquidation of the body, or resignation.

Question No. 2. In November 2017, employee N.V. Pchelkin was hired as an assistant auditor to the staff of Korpus JSC. (17 years). Pchelkin has a group 3 disability. What is the annual rest period for Pchelkin at JSC Korpus?

In this case, Pchelkin is entitled to extended leave for two reasons: due to age (31 days) and due to disability (30 days). According to the Labor Code, to determine Pchelkin’s rest period, it is necessary to take as a basis the larger period, namely 31 days. In addition, Pchelkin has the right to take advantage of the vacation at any time convenient for him, including in advance.

Question No. 3. In October 2017, he was accepted into service in the emergency rescue brigade No. 12 new employee, Kuropatkin N.D. Before working in brigade No. 12, Kuropatkin worked as a rescuer in the Ministry of Emergency Situations from 1998 to 2012 and from 2014 to 2016. In between serving in rescue teams (in 2013, at the beginning of 2017), Kuropatkin worked in commercial and trading companies. How to calculate Kuropatkin’s length of service and determine what period of rest he is entitled to?

When calculating length of service, Kuropatkin’s continuity of work in the Ministry of Emergency Situations should be taken into account. In this case, the longest period of continuous work is the period from 1998 to 2012 (14 years). Thus, Kuropatkin is entitled to rest 30 days a year.

This article will focus on teachers' vacations. There is such a profession - difficult and exhausting, even if it is not related to work in mines and mines, but in terms of the return of strength it can easily be compared with it. At the same time, it is both joy and celebration, although it does not have immediate results, since children do not grow quickly. This activity is different from others in every way, and therefore the vacation of teachers is different from other professions. They rest most often in the summer, when the children are on vacation.

Teaching staff

Teachers' leave is determined according to known reasons: they rest precisely when they do not need to teach children. However, even during the school year, the teacher has the right to count days summer holiday. And teachers’ vacation can even last a whole year if it is, for example, creative. Such cases will be discussed here, as well as how many days the usual rest lasts.

A teacher is a teaching staff, which means that their leave is regulated by the same articles of the Labor Code and the same Government Decrees. Chapter 52 of the Labor Code contains all the information about what constitutes the work of teachers, and there, in Art. 334 of the Labor Code of the Russian Federation, talks about their vacation. In particular, it says that for each teacher it is annual and paid. But the duration of vacation for teaching staff varies.

Types of vacation

Teachers working under the Labor Code fulfill all the duties that are provided for them, and therefore teachers are granted all the rights to the extent that are set out in this law, including the right to leave. This is first and foremost maternity leave, then - child care, as well as leave at your own expense and many more similar varieties. And every year you are entitled to an extended and paid annual leave. Why extended? Because for ordinary professions it usually lasts twenty-eight days according to the calendar, but how many days do teachers have a vacation? They rest from forty-two to fifty-six calendar days.

The difference in the length of leave for teaching staff depends on the type of activity. According to the list determined by the government, a school teacher rests for 56 calendar days, and a preschool teacher only 42. This is a basic vacation, although it is extended, but in many cases a teacher can count on an even longer duration. For example, how many days of vacation do teachers have depending on the region? In the Far North, the law provides for up to eighty, that is, they rest an additional twenty-four days.

Vacation time

When a teacher has the right to take leave is decided by the administration. There is an opinion that only in the summer, but this is not so. The teacher has the right to take it whenever he wants, everything is determined by the schedule drawn up by the administration. Everyone would prefer to relax in the summer, but this is the children's vacation, and teachers have a lot of different things to do in addition to lessons. Not all students go on vacation in June - schools are holding exams, new students are being recruited, and all premises must be ready for schoolchildren to leave on the first of September.

All schools offer numerous children's programs during the summer with the same teachers. Therefore, by mid-August, all teachers must be at school, and they receive notice of vacation not until the first of June. Most teachers divide their vacation into parts and rest during other vacations - winter, spring, autumn. It is fortunate that even in our difficult times, a notice of vacation for teachers has not yet appeared, which would in any way reduce the number of rest days. IN total the same terms remain - 56 and 42 days according to the calendar.

New laws

Extended leave is only available to those who are directly involved in the upbringing and education of children. Previously, not all categories of teaching staff received it, but now absolutely all teachers who have formalized their activities according to the nomenclature of positions for managers and employees of educational organizations have the right to extended leave.

More than fifty-six days of vacation for teaching staff is paid in institutions for orphans and children with disabilities. limited health, as well as teachers of art schools. The rest of the staff - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. This law also does not apply to non-teaching staff of educational institutions. Cooks and security guards can only add additional days at their own expense to the required thirty days of paid vacation, so as not to get bored in an empty school.

Notes to the law

The established duration of leave, basic, extended, paid and entitled only to teaching and management employees of educational institutions, does not depend on departmental subordination and the legal organizational form of the institution. However, in order to determine the number of days that teachers' next vacation contains, one must constantly be guided by the notes and appendices to the new law.

For example, the notes indicate that 56 days are allowed for vacation for teachers of art schools, which include music, art and others related to this. This is indicated in paragraph 2 of the notes to the law. Another example: the duration of leave for a teacher working in an institution that is not educational, according to Resolution No. 1052 of 1994, is 42 calendar days. This is how many other employees of organizations, enterprises and institutions rest.

New rules

The procedure for calculating the duration of vacation for those teachers who were hired in the middle of the school year has changed. Previously, this was done based on the amount of time worked in the academic year, that is, proportionally. Not so anymore. After six months of continuous work, the teacher is entitled to full annual leave with full pay.

Thus, if a teacher began working in an educational institution, for example, in November, then in June he should already receive exactly the same leave as all other teachers, since Article 139 of the Labor Code contains absolutely no restrictions on the duration of teachers’ leave, even if annual leave begins before the expiration of six months from the date the teacher begins working in this institution. On the contrary, it states that every teacher has the right to extended annual paid leave.

Irregular working hours

Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions whose working hours are not standardized. The duration of such leave is determined either by a collective agreement or internal rules labor regulations this organization, but less three days he can't be. If it is not possible to provide additional leave, the teacher can “take it in money”, that is, overtime is compensated according to the type overtime. But for this there must be a written consent of the employee. How to write a vacation application? A sample can be found in the illustrations for this article.

The conditions and procedure for paid additional annual leave for teachers with irregular working hours in state-funded institutions and organizations are established by the Government of the Russian Federation, and in organizations and institutions financed by constituent entities of the Russian Federation, teachers’ leave is established by the authorities of the given subject. If an organization or institution is financed by the local budget, then all issues are resolved by local government.

Deadlines

How many days in advance does the sample exist for each type of vacation separately, and the writing period is not discussed. However, in every organization there are certain standards, where local acts establish rules regarding exact quantity days after which such an application must be submitted to the appropriate authorities.

Much here depends on the work of the accounting department. She accrues vacation pay in advance, no less than three days before the vacation, excluding extreme cases. This means that the employer must receive the application at least four days in advance. You also need to take into account the scale of the organization; among educational institutions there are also very large ones. Therefore, it is better to take care of your own vacation much earlier.

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The positions of employees who have irregular working hours and who have the right to additional paid leave are established by the internal labor rules or other regulations of the organization. This list includes both managers and technical personnel, as well as other persons whose work cannot be accurately accounted for. Using the same principle, additional leave is calculated for those who work on a flexible schedule.

The minimum duration of additional leave, as already mentioned, for employees with irregular working hours is not less than three calendar days, but the new rules do not provide for restrictions on the maximum duration. The limit exists only on the minimum period.

Application for leave

For example, it's time to write a teacher's leave application. The sample looks something like this. In the upper right corner, fill in the position of the manager and the surname and initials of the manager to whom the application is addressed. Next, you need to write who it came from - last name and initials, position. In the center of the sheet below is written the word “Application”, retreating slightly - the main text, which indicates a request for the next paid leave from such and such a date to such and such a date, lasting so many calendar days. Below is the personal signature and date of application.

If the leave is not regular, but additional, only the main part of the application changes, where you need to indicate the request for additional leave for a specific period. The top and bottom parts of the form remain unchanged. And you need to keep in mind that the employer in the second case has the right not to meet halfway, since he is obliged to provide only regular leave. It is better if there is a preliminary agreement. Sometimes, for some reason, a teacher needs to be absent from work for only one day; in this case, it is appropriate to write an application for leave without pay.

Vacation pay

The average salary during vacation for a school employee is retained, as determined by Article 139 of the Labor Code and the Regulation on the procedure for calculating average wages No. 123 of 2003. The procedure is that the actual accrued wage for the last three months (from the first to the first), on the basis of which the average figure is derived.

Here you need to take into account absolutely all types of payments that are in the list (clause 2 of the same Regulations). These are additional payments for checking notebooks, for managing offices, workshops or laboratories, for working on methodological and cycle commissions, as well as all other payments that are provided for in the remuneration system for employees of an educational institution. Non-working days and holidays that coincide with the teacher’s vacation are not paid and total days are not included.

Combination of positions

Teachers often work in different areas and combine positions where there are different lengths of leave. For example, a physics teacher and a preschool teacher in the same secondary school. The labor leave for teachers is 56 days, and for educators - 42. Vacation pay should be calculated accordingly. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.

The first is based on the amount actually accrued for the entire billing period - for each position separately. The second method is more difficult. The total duration of rest accounts for the total amount of actual accrued wages, plus the part of the vacation exceeding the total duration is calculated separately, based on the earnings of the position where the duration of the vacation is longer.

In accordance with the Constitution of the Russian Federation, everyone has the right to rest. It consists of providing days off and holidays, paid and unpaid vacations. A similar right is enshrined in the fundamental regulatory legal act - the Labor Code of Russia.

What is a vacation?

Vacation is a period of time for which an employee is released from performing his direct job duties. It is due to the employee annually. Annual basic paid leave is provided not for the calendar year, but for the working year (calculated from the date of hiring). When a person goes on vacation, his average salary will be retained and workplace.

There are several types of paid and unpaid leaves: basic annual leave (minimum and extended), additional, educational, maternity, without pay. Whether it is a fixed-term or open-ended contract, part-time work or at home does not matter. If a person is granted annual basic paid leave, it means that the main condition has been met - registration labor Relations"employee - employer".

Who is entitled to annual basic paid leave?

All employees hired under an employment contract are provided with annual basic paid leave. But a person can also be registered under a contract of a civil nature. If the issues of granting leave are not specified in it, then the provisions of this paragraph do not apply.

The duration of the annual basic paid leave is the well-known 28 days: calendar days off + working days. Days that fall on national holidays should not be included in this period. If they fall during this time, the vacation is subject to extension. Therefore, the annual basic paid leave is a minimum of 4 weeks. An employee cannot be transferred to another job/position during the vacation period, nor can he be fired (an exception to the rule is the liquidation of an enterprise).

Who is entitled to a vacation period of more than 28 days?

There are categories of people who are granted annual basic paid leave of more than the minimum required duration. So, it lasts (in calendar days): for workers under the age of majority - 31; disabled people – at least 30; civil servants of senior and main positions - 35; civil servants of other positions, municipal employees, judges - at least 30; candidates of science - 36; Doctors of Science - 48; teachers, teachers, professors of secondary special and higher education educational institutions− 42-56; prosecutors and investigators - 30. For them, this is the so-called annual basic extended paid leave.

What is additional leave?

In addition to the basic (minimum and extended) annual additional paid leave is possible. Is it regulated by the Labor Code of the Russian Federation or is it a direct decision of the employer. Such leave is added to the main one and can be 6-36 additional days. Their number is also influenced by their length of service. Associated with special character work - dangerous working conditions harmful to human life and health, irregular working hours, work in the Far North and equivalent areas. The duration of annual paid leave consists of the summed main and additional leave periods.

If, as a result of a special inspection, dangerous or harmful working conditions of degree 2–4 are identified, the employee is entitled to at least an additional 7 days of rest. This provision must be stated in the employment contract. If vacation is more than a week, the employee has the right to replace the days exceeding the minimum allowable limit with compensation in cash equivalent. In this case, the conditions, procedure and amount of monetary payment must be fixed in collective agreements, industry (inter-industry) agreement, and the employee must give written consent to replace rest days with financial compensation by signing an additional agreement to the employment contract. The length of service will include the days actually worked under these conditions.

Based on the decision of the Government of Russia, a list of positions has been identified in which people have the right to receive additional days of rest for special working conditions. As an example: scientific and pedagogical personnel with over 10 years of experience have plus 5 vacation days, over 15 years – 10, over 20 years – 15 days of rest. The parameters are similar for investigators and prosecutors.

For irregular working days (overtime), an additional three additional days of rest are required. The number of days is stipulated by collective agreements and depends on the labor regulations approved in the organization or enterprise. In state institutions of federal subordination, the procedure and conditions for such leave are stipulated by federal regulations legal acts, for state institutions of the constituent entities of Russia this is the regulatory legal framework of the state authorities of the constituent entities, for municipal institutions - accordingly, the normative of local self-government bodies. If enterprises do not provide additional days of rest for irregular work, overtime should be counted as overtime only with the written consent of the employee.

For performing work in the Far North, the right to an additional 24 days of rest is provided. People working in areas equated to the regions of the Far North have 16 days of vacation in addition to the basic one. Geographically, the regions of the Far North are fixed at the legislative level.

Based on the employer’s decision, which does not contradict the law, taking into account the opinions of trade union members, as well as the financial capabilities of the enterprise, employees may be given additional leave outside the possibilities specified in the Labor Code of the Russian Federation. The conditions and procedure for its provision are recorded in local documentation (regulatory acts, collective agreements).

The right to go on vacation arises as a result of accumulated length of service, which includes not only actual time worked, but also periods of temporary disability, vacations, weekends, holidays, forced absences (in case of dismissal from a position with subsequent reinstatement). Absenteeism due to one’s own fault, for example, cannot be included in the length of service.

Procedure for granting annual leave

When applying for a job, an employee has the right to annual leave after six months of continuous work from a representative of the employer. Leave may be granted earlier than due by mutual agreement of the parties in relation to: minor citizens; workers who have adopted a child under 3 months of age, women before they go on 140- or 156-day leave related to pregnancy and childbirth.

Further, the provision of annual basic paid leave is carried out by the employer within the framework of the approved leave schedule, as a rule, indicating specific dates. The schedule is mandatory and determines the order of employees when they go on vacation. It is approved for the next calendar year 2 weeks before the end of the current year. The position of the trade union organization must be taken into account.

According to the schedule, the employee is not required to apply for annual leave. The employee must be notified by signature about the time of his going on vacation no later than 14 days before it starts. An alert can be a notification. Next, management issues an order that contains information about the timing (start and end dates), the time period worked (working year), for which the employee is sent on vacation. The duration of the annual main leave (the number of days of rest provided) is important. For additional leave, clarification is required (which one is provided).

For some categories of citizens, leave can be granted at their discretion at a time convenient for them. So, for a man - regardless of his term labor activity this employer may be entitled to leave if his wife is pregnant and has already taken leave for this reason.

Is it justified to extend or postpone the vacation to another time?

While on sick leave or performing government duties during the vacation period, vacation (by agreement with the employee) must be extended or postponed to another time. If such grounds arise, the employee should notify management about the situation in order to extend the vacation period by the required number of days. In this case, work on annual leave, under circumstances consistent with the law, will be paid, and additional days for which the vacation period is extended will not be paid, since they have already been paid earlier. The right to extend the employee’s vacation is fixed in the new order.

If the 14-day notice period for an employee going on vacation is not met, the employer is required by law to reschedule the employee’s vacation to another time. To do this, you only need an application from the employee in writing. A similar situation is possible if vacation pay is not paid on time, which should be received by the employee within three days.

In cases in which the provision of annual paid leave this year may have a negative impact on the productivity of the organization or enterprise, it is possible for the employee to transfer the rest period to another time in the next working year. It is important that the leave is taken within a year of the end date of the previous working year. The basis for postponing the vacation period is the order, as well as the inclusion of the remaining days in the vacation schedule for the coming year along with the due new vacation.

The employer's representative does not have the right to refuse to provide vacation days to an employee for two years in a row. It is impossible not to provide leave to minor citizens and people working in dangerous or harmful working conditions, even if people are ready to work without rest.

Is it necessary to go on vacation for all days?

If an agreement is reached between the employee and the employer's representative, the period of annual leave may be divided into uneven parts and granted in different months during the year. This breakdown must be taken into account in the vacation schedule. One part of the vacation period must remain at least 2 weeks! If the employer’s representative does not make concessions on this issue and insists on the full use of all days due to the employee, the vacation is taken off in its entirety without partial splitting.

Is it legal to call a person back from vacation?

Only by agreement with the employee can he be called back from vacation. In this case, unused annual leave is granted at any other suitable time in the current or subsequent working year. If an employee refuses to interrupt his rest, his refusal should not be correlated with a violation labor discipline. If the vacation was interrupted, an order is prepared confirming the fact of going to work, the reason, and the balance of unused days. Cash, paid for the remaining time, are subject to return to the organization’s budget or are taken into account when calculating the next salary.

It is strictly forbidden to recall from vacation citizens under the age of majority, employees working in conditions harmful or dangerous to life and health, and pregnant women. Even if the review is related to their direct expression of will.

Who is entitled to monetary compensation?

Providing annual leave can be replaced by compensation in cash. In this case, only part of the vacation period will be subject to replacement, which must exceed 4 weeks. If there are several annual vacation periods (for example, in the case of transferring days to the upcoming working year), part of each of them can be received in cash, but only if it exceeds 28 days.

To receive compensation, an employee must contact the employer's representative with a written application. An employee's decision on compensation, made in writing, does not serve as an obligation for the employer to pay financial resources. The amount of payments will be determined from average earnings in proportion to the amount of time worked, taking into account the vacation used. Pregnant women and minor citizens are not entitled to receive monetary compensation for unused primary and additional leave, and for annual additional leave - employees working in conditions that are harmful or dangerous to their life and health. Even if it is their desire or an agreed upon decision.

Vacation and dismissal

Upon dismissal financial compensation vacation is due to everyone and for all vacation periods, regardless of their duration. You can also take off all unused vacation periods with subsequent dismissal, if it is not a consequence of guilty actions. Leave with further dismissal is given based on the results of a statement written by the employee and a subsequent order issued.

The last day of vacation will be the day of dismissal, and the last working day will be the working day before the vacation. You can also withdraw your application if the vacation period has not begun and you have not had time to invite a new employee to the vacant job in the near future. In case of illness that overtakes a person during vacation, he is entitled to paid sick leave. At the same time, you cannot increase your vacation by days of incapacity. At the end of a fixed-term employment contract, when the vacation does not fall within its validity period, the employee can be dismissed on the last day of the vacation. Payments and work book The employee must pick it up before going on vacation.

Family leave required. What should I do?

If there are good reasons, for example, for family reasons, you can go on vacation without saving pay. Such a vacation can be either short-term or long-term. To do this, you should write an application taking into account the agreements reached with the employer on terms and duration. The application must indicate a valid reason. The employer's decision can be either positive or negative character. There are no criteria for making one decision or another.

If there is a positive decision, an order is issued. When going on leave without pay for a period of more than 14 days, it cannot be included in the total length of service. Unpaid leave can be interrupted at any time by notifying the employer's representative of your intention to return to work.

Without fail, upon application, leave without pay must be granted to: WWII participants - no more than 35 days; for old-age pensioners who continue to work - no more than 14; working disabled people - no more than 60; employees at the birth of children, weddings, death of closest relatives - no more than 5; parents, spouses of military personnel who died/died due to injury, concussion or injury to military service, as well as employees of various bodies (internal affairs bodies, customs services, criminal correctional authorities and others) - no more than 14 days. Employees who are allowed to take entrance tests to universities are entitled to up to 15 days, and to college students – up to 10 days. If a person works at his main job and part-time, but in the combined position his vacation is less than the duration of the vacation for his main job, then he is supposed to take off the missing days.

Article 334. Annual basic extended paid leave

Teaching staff of an educational institution are provided with an annual basic extended paid leave, the duration of which is determined by the Government Russian Federation.

Commentary on Article 334

Extended Vacations Vacations, the duration of which exceeds the minimum established by law - 24 working days. Extended vacations for employees are established by various regulations. Thus, in accordance with Article 178 of the Labor Code, annual paid leave is provided to employees under 18 years of age for at least 31 calendar days. All working disabled people, regardless of disability group, are entitled to leave of at least 30 calendar days (Article 23 Federal Law dated November 24, 1995

""ABOUT social protection disabled people in the Russian Federation""). Extended vacations of 42 and 56 calendar days are available to employees of educational institutions and teaching staff of other organizations. The list of educational and other institutions in which work gives the right to extended leave, the names of positions and the duration of leave for each position are determined by the post. Government of the Russian Federation dated September 13, 1994 No. 1052 “On leaves of absence for employees of educational institutions and teaching staff of other institutions, enterprises and organizations.” Candidates and doctors of science working in research institutions have extended leave of 42 and 56 calendar days. If previously such leaves were provided only to employees of individual (according to a special list) scientific institutions, now, in accordance with the post. Government of the Russian Federation dated August 12, 1994 No. 949 "On annual leave for scientific workers with a degree" all scientific organizations, financed from the federal budget, have the right to establish leave for research workers holding full-time positions with an academic degree of Doctor of Sciences, 56 calendar days, and for candidates of sciences - 42 calendar days. Extended vacations are also provided to federal civil servants lasting at least 30 calendar days (Article 18 of the Federal Law of July 31, 1995 "On the Fundamentals civil service in the Russian Federation""): prosecutorial employees - 30 calendar days, and those working in the regions of the Far North - 54 calendar days, in areas equated to regions of the Far North - 46 calendar days; judges - 30 working days, and those working in the Far North - 51 calendar days, in areas equated to the Far North, and in areas with difficult and unfavorable climatic conditions, where wage coefficients are established, - 45 working days and for some other categories of workers. Article 5 of the Labor Code provides organizations with ample opportunities to increase the duration of their employees’ vacations by own funds, including establishing extended holidays. Such decisions may be contained in collective agreements and other local regulations.

Yes, you can. However, recalling an employee from vacation is allowed only with his consent. In this case, the employee is given the right to choose: to use the remaining part of the vacation at a time convenient for him during the current working year or to add it to the vacation for the next year.

IN labor legislation nothing is said about the form in which the employee’s consent to be recalled from vacation must be obtained, but it is obvious that this must be some kind of administrative document. Its publication is necessary primarily because the law provides for the provision of part of the vacation to the employee by adding it to the vacation for the next year, which is issued and paid taking into account the newly calculated average earnings. In addition, the work responsibilities of an employee recalled from vacation may be related to the signing of administrative documents, contracts, financial liability, access to something, etc. and if the review is not formalized accordingly, then his actions may be considered illegal.

Amounts of money attributable to days of unused vacation are used to pay current wages for the time spent working after leaving the vacation, and the average earnings for days of vacation granted at other times are calculated anew.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 125

Is the employer obliged, at the request of the employee, to replace the main leave with monetary compensation?

At the written request of the employee, part of the vacation exceeding 28 calendar days can be replaced by monetary compensation, including during the period of work. However, the employer is not obliged to implement it.

Replacing part of the vacation with monetary compensation means that for the same period the employee is paid double compensation and wages. To do this, a double wage fund must be formed, which is not always possible in an educational institution for objective reasons.

In addition, the fact that part of the vacation is replaced by monetary compensation means that the employee must fulfill his official duties, and this is impossible in many educational institutions, since the vacation period for employees, as a rule, coincides with the vacation period for students and pupils.

At the same time, the employee’s request to replace part of the vacation with monetary compensation and the desire to return to work early or reduce his vacation when it is granted may coincide with the interests of the educational institution and its financial ability - for example, to replace an employee who is absent due to illness, who will be paid benefits from social insurance funds.

Sometimes employees ask to replace vacation with monetary compensation, agreeing to do work outside of their current position during this time, for example, at a health camp. In such cases, there is no need to make a replacement, since the law does not prohibit the employee from performing other paid work during his vacation.

The head of an educational institution must also take into account that under no circumstances is it allowed to replace vacation with monetary compensation for pregnant women, employees under the age of eighteen, as well as employees engaged in heavy work and work with harmful and (or) dangerous working conditions.

New edition of Art. 126 of the Labor Code of the Russian Federation has been supplemented with a provision clarifying the procedure for replacing vacation with compensation when summing up vacations, transferring vacation to the next year, when replacing a part of each annual vacation exceeding 28 calendar days, or any number of days also from a portion exceeding 28 calendar days of vacation. It follows from this provision that employees who do not have the right to additional leave or an extended duration during their work cannot receive monetary compensation for the unused part of the leave.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 126

How are employees' rights to leave upon dismissal exercised?

Upon dismissal, the employee is paid monetary compensation for all unused vacations.

Upon written request from the employee, unused vacations may be granted to him with subsequent dismissal (except for cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

In case of dismissal due to the expiration of the employment contract, leave followed by dismissal may be granted even when the vacation period completely or partially extends beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation.

When granting leave with subsequent dismissal at the initiative of an employee, this employee has the right to withdraw his resignation letter before the start date of the leave, unless another employee is invited to take his place by way of transfer.

When applying this procedure to teachers and lecturers (including those working part-time) when dismissing them after ten months of work in the working year, it is necessary to take into account that monetary compensation for unused vacation is paid to them in the amount of average earnings for the full duration of vacation - 56 calendar days. In other cases - at the rate of 4.67 days for each month worked.

When dismissing employees with a different duration of leave, the number of calendar days of annual main and annual additional leave per month worked in the working year is determined by dividing the established duration of leave for the position by 12 (the number of months in the year).

56.12 = 4.67 calendar days;

42. 12 = 3.5 calendar days;

28.12 = 2.33 calendar days;

28 + 14 (additional leave). 12 = 3.5, etc.

Cash compensation for unused vacation upon dismissal of an employee, it is calculated based on the number of unused vacation days, taking into account the employee’s working year.

When calculating length of service giving the right to proportional additional leave or compensation for leave upon dismissal, surpluses amounting to less than half a month are excluded from the calculation, and surpluses amounting to at least half a month are rounded up to a full month.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 127 Rules on regular and additional leaves, approved. NKT USSR 04/30/1930 No. 169 (ed. 04/20/2010). P. 35

In what cases is it possible to grant long-term leave to teaching staff?

The Law of the Russian Federation "On Education", as well as Labor Code The Russian Federation has established that teaching staff of educational institutions, at least every 10 years of continuous teaching work, have the right to long leave for a period of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of the institution.

Thus, this legislative norm is not a norm of direct effect. To exercise the right to this leave, it is necessary that the founder of the school or kindergarten adopt a normative act establishing the procedure and conditions for granting this leave, or such procedure and conditions must be defined in the charter of the educational institution, approved by the founder in the part not regulated by law.

In appropriate normative act or the charter must, in particular, define:

1. The procedure for calculating length of service, since we're talking about not about experience pedagogical work, but about teaching experience, and continuous experience, which has never been calculated for employees of educational institutions for any purpose.

2. Conditions for granting leave (paid or unpaid).

3. Duration of vacation, since the legislator defined it up to one year, and not for one year, therefore, it can be established of different durations depending on the purpose of its use.

For teaching staff of educational institutions, the founder of which is federal body state power or in respect of which this body exercises the powers of the founder, the procedure and conditions for granting leave of up to one year are determined by the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave of up to one year.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 335 Law of the Russian Federation of July 10, 1992 No. 3266-1 “Education” (as amended on June 17, 2010). Art. 55 Regulations on the procedure and conditions for granting long-term leave to teaching staff of educational institutions for a period of up to one year, approved. by order of the Ministry of Education of Russia dated December 7, 2000 No. 3570

Is it legal for an employer to refuse to provide additional leave to a medical worker at a preschool institution if such leave is not provided for by the collective agreement?

No, such a refusal is unlawful. Despite the fact that the Government of the Russian Federation establishes annual additional leave only for doctors general practice(family doctors) and nurses of general practitioners (family doctors), other medical workers also have the right to annual additional paid leave. The duration of vacations is regulated by the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional vacation and a reduced working day. Additional paid leave for doctors and medical workers from among the paramedical and junior medical personnel of educational institutions (including preschools) is regulated by section XL “Healthcare” of the List.

For example, medical workers in preschool educational institutions for children with tuberculosis are provided with additional paid leave of 12 working days. And medical workers in preschool institutions for mentally retarded children and children with central lesions nervous system with mental disorders - 30 working days.

In all other preschool institutions, additional leaves for medical workers are provided for the duration Vacation 42 calendar days working days as medical workers of educational institutions (before the adoption of the Law of the Russian Federation “On Education” they were collectively called educational institutions created for children).

Thus, the employer does not have the right to refuse to provide kindergarten medical workers with annual additional paid leave. The absence of a provision in the collective agreement giving medical workers the right to provide this type of leave cannot be grounds for refusal. This is explained by the fact that the terms of the collective agreement that worsen the situation of workers are invalid and cannot be applied.

It should be borne in mind that the duration of the annual main and additional paid leaves of employees is calculated in calendar days. Therefore, the number of days of additional leave provided for in the List in working days, when summed up with the annual main leave, must be recalculated into calendar days.

The number of calendar days of vacation subject to payment is proposed to be calculated as follows: to last day Annual basic paid leave, which is 28 calendar days for medical workers, is supplemented by annual additional paid leave in working days (for a six-day working week), after which its duration is recalculated in calendar days. Vacation payment is made for all calendar days.

The duration of the main leave of a preschool medical worker is 28 calendar days, additional leave is 12 working days. Vacation start date: July 1, 2010

Annual additional paid leave is calculated from July 29 in the amount of 12 working days over a six-day working week. The last day of vacation is August 11.

The total duration of the annual main and annual additional paid leave is 42 calendar days (28 + 14).

If the annual main leave was granted to a medical worker from July 5, 2010, then the duration of the annual additional leave would be 13 calendar days, and the total duration of the annual main and annual additional paid leave would be 41 calendar days.

Labor Code of the Russian Federation dated December 30, 2001 No. 197-FZ (as amended on November 25, 2009). Art. 50, 120 Law of the Russian Federation dated July 10, 1992 No. 3266-1 “Education” (as amended on June 17, 2010) Decree of the Government of the Russian Federation dated December 30, 1998 No. 1588 “On the establishment of general practitioners (family doctors) and nurses as general practitioners ( family doctors) annual additional paid 3-day leave for continuous work in these positions"

List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved. Resolution of the State Labor Committee of the USSR and the All-Russian Central Council of Trade Unions dated October 25, 1974 No. 298/P-22 (as amended on May 29, 1991). pp. 2.14, 20, 45, 55, 60, 169, 174, 179