Additional paid leave definition. Categories of employees who may be granted additional paid leave. Sample application for additional days of annual leave

Hello! In this article we will talk about additional paid leave.

Today you will learn:

1. How does it happen;
2. How is its duration calculated?
3. Is it possible to replace it with payments;
4. Documentation procedure.

What is extra leave

By law, each employee is provided with at least 28 days of rest, and for some employees it can be extended and amount to 56 days a year.
However, not everyone knows that workers can be provided with another, special type of mandatory rest - additional. It can be provided without any compensation, paid in full or in part.

Citizens working on heavy industrial enterprises who perform their functions outside of regular working hours, workers in the northern regions of the country.

Disabled people, veterans, pensioners and some other citizens with a special status can also use the right to this leave.

General rules for granting additional holidays

There are no separate schedules for planning. Add. vacation is included in the general schedule of employees' vacation. The function of controlling the provision of days is performed by the head. It is he who must organize the receipt of written applications from employees and plan everything so that the main activities of the organization are not affected.

Usually, the parties carry out preliminary coordination and the procedure for providing rest. Possibly extra. days will be used together with the main days - such an addition is not prohibited, and sometimes it is the only possible one. Take a vacation, consisting only of extra. days is not allowed if their total period is less than two weeks.

When additional rest days coincide with the dates of official holidays, in practice the question often arises - do these holidays disappear? The correct answer is they don't disappear. However, the issues of their lengthening or transfer must be agreed with the management in advance.

The maximum number of days provided as additional leave by the employer is not limited in any way. This issue is completely decided by the management, the main condition is compliance with the requirement to provide days off in the amount established by law.

Employees may have statuses that allow them to simultaneously apply for additional. leave for several reasons. But this does not mean that the days they provide are additional. rest can always be summarized with each other.

In most cases, only the longer rest period is used for the calculation, not both. For example, a pensioner who is also a veteran of labor receives the rest due to him as a veteran.

Additional leave for harmful working conditions

A specialized organization that performs work on the assessment of harmful effects on an employee draws up a special report. In accordance with it, one of 4 possible categories (classes) is assigned to working conditions at the enterprise.

The first two categories correspond to optimal and acceptable conditions. Optimal - do not imply the presence of any harmful effects on the employee, and acceptable means that there are impacts, but they do not exceed the limit established by law. None of these classes is the basis for the appointment of additional. paid vacation.

Class 3 means the presence of harmful working conditions that affect the body of the employee and can lead to occupational diseases. It is subdivided into 1,2,3 and 4 degrees.

Class 4 - dangerous working conditions. He says that the position held is associated with a risk to the life of the employee during the work shift.

By law, the right to additional employees who have harmful (only 2,3,4 degrees) or dangerous working conditions have vacations.

The minimum vacation period is 7 days and can be extended according to additional agreement or collective agreement.

The calculation of additional leave is carried out as follows:

The number of months in a year during which the employee held a position associated with harmful or dangerous working conditions and the amount of annual additional leave established by the organization are determined.

Those who have worked a full 11 months are entitled to the maximum prescribed duration. Employees who have worked less receive a number of rest days proportional to the number of months worked.

Example. The collective agreement establishes additional vacation in the amount of 14 days. The employee has worked 11 months in a workplace with harmful or dangerous conditions - he receives the 14 days due to him.

Thus, in 1 month he earns the right to additional time rest in the amount of 1.27 days (if rounded). If he works, say, 6 months, then: 1.27 x 6 \u003d 7.62. After that, he has the right to rest for an additional 7 days if he adds them to the main vacation.

The number after the decimal point is not taken into account and goes to the next period for calculation. That is, when the employee works for another 3 months (1.27 x 3 = 3.81) and wants to take a vacation again, then 0.62 will be added (3.81 + 0.62 = 4.43), and the balance is not up to up to an integer will move to the next period each time.

It is possible to compensate for such a vacation with cash payments, but with some restrictions. Only days of rest, the duration of which exceeds 7 days, can be paid.

Unlike the main vacation, such a vacation cannot be used without working off a certain number of months.

Usually, the employer independently calculates and adds to the main rest the calendar days due for harmfulness. Therefore, if an employee plans to use them outside the general schedule, then he should write a statement.

I ask you to provide me with 7 (seven) days of additional leave for harmfulness and 7 (seven) days of the next vacation, in total 14 (fourteen) calendar days from 03/01/2019 to 03/14/2019.

Additional leave for irregular working hours

For employees who are forced to work under a special temporary regime outside the normal working day, compensation is also provided in the form of additional. recreation. The number of days provided cannot be less than 3. It is established by the internal labor regulations, labor and collective agreements.

In theory, the duration of such rest should be determined based on the complexity of the tasks and the frequency of involvement in work in excess of the usual norm. But there are no mandatory criteria in the law for calculating the number of additional days off on this basis.

According to the law, it does not matter if the employee was involved 50 times in the performance of duties in excess of the norm or was not involved at all. The main thing is that he should have the right to rest for 3 days.

By general rule You can use it after 6 months of work with one employer. It can also be completely replaced compensation payments in proportion to the average wage.

The period of such rest can be combined with any other types of holidays. It is allowed to add it to the days of rest appointed in connection with the presence of harmful working conditions.

Additional leave for the disabled

Disabled people are the most vulnerable employees, whose status allows them to count on receiving additional rest. By law, they are given two extra days.

Thus, their main vacation will always be equal to 30 days and it does not matter the group assigned or the seniority earned. It should be borne in mind that in addition to the paid one, they can get a very long vacation at their own expense for a period of as much as 60 days.

When drawing up the schedule, the main vacation will be taken into account along with the additional one, so there is no need to write a separate application for days paid by the employer. Except for those cases when the employee, when hiring, did not report that he had a disability group and did not provide supporting documents.

In this case, he will need to urgently inform the manager about this and provide the original certificate of disability so that timely changes are made to the vacation schedule.

Additional maternity leave

A woman who is expecting a child is entitled to additional leave. It can be given to her at 30 weeks pregnant. Only 70 days before delivery and 70 days after. The terms can be extended: 84 days is given when expecting several children, 86 days is given in case of postpartum complications, 110 days when 2 or more children are born.

Such leave is paid in 100% of the average wage or in the amount of the established minimum wage if the woman has worked for no more than 6 months (from January 01, 2019, it is set at 11,280 rubles).

To apply for leave and benefits, she must provide the address of the employer or the territorial body of the social. protection statements and sick leave from a gynecologist.

If a woman worked, combining work in several organizations, then she has the right to calculate the amount of average earnings, summing up all her income.

To receive maternity leave, she can apply to any of the employers, since cash provides the insurance fund, and the employer is only a link.

When submitting an application, a woman attaches salary certificates from other official places of work to it.

In practice, there is a situation when the insurance fund refuses to accept documents from medical institutions, pointing out the incorrectness of their preparation. The employer needs to remember that he is not entitled to qualify the authenticity of such documents, and if the insurance fund does not suit them, he is still obliged to make payments, and send his claims to a medical institution and, if necessary, collect insurance amounts from him in recourse.

From the moment an application for additional maternity leave is received, the employer has 10 days to consider and make a decision on the transfer of funds.

A woman can apply for maternity leave no later than 6 months from the end of the leave.

Additional parental leave

A woman caring for a child under the age of 1.5 years is entitled to additional leave, which will be paid to her in the amount of 40% of her average earnings.

When the child reaches the specified age, she loses this compensation. Further, she can be granted leave until the child reaches the age of 3 years, the compensatory payment in which will be only 50 rubles.

It should be borne in mind that a woman who is on such a long vacation retains workplace, which she is entitled to claim after returning to work. Leave is counted in the total work experience and work experience in the specialty.

It is not possible to replace additional parental leave with monetary compensation. And if a woman goes to work, she loses this right.

It is worth noting that not only women, but also men have the right to take parental leave. In practice, sometimes even a situation arises when it is more profitable for a woman to go to work, and for a man to stay at home. To do this, he must provide his employer with a statement from his wife that she renounces her maternity leave in his favor and goes to work.

Holidays for the care of children with disabilities

Separate days off may be granted to parents or adoptive parents of disabled children. You can get up to 4 days of monthly paid vacation, which has several specific features.

1. It is granted regardless of seniority requirements and length of service. In other words, if such an employee got a job from the middle of the month, then he can take a day off already this month.
2. This type of holiday cannot be compensated in terms of money.
3. If within a month it was not used, then it is not transferred to another time. Unused weekends are forfeited.

An employer who is not satisfied with the period of time chosen by the employee cannot ignore the requirement to provide such rest. Even with the disagreement of the head of the enterprise, the employee may not come to work on the days off chosen by him to care for a disabled child. This will not be considered a disciplinary offence.

Already exists arbitrage practice, according to which persons dismissed for absenteeism, due to the fact that they ignored the employer's demand, are reinstated to their positions in court.

If an employee does labor activity from different employers, then he is obliged to take leave to care for a disabled child from all at the same time.

In order to receive rest days, he is obliged to provide a birth certificate, a certificate of disability, a document confirming the place of registration of the child.

Additional holidays for veterans and pensioners

Veterans and pensioners working in the organization, due to their special status, are entitled to additional unpaid leave. Pensioners are entitled to 14 calendar days, and veterans (combatants) 35 calendar days.

Those veterans who continue to serve in the military are legally entitled to 15 days of additional paid leave.

Add. retirement leave

Additional leave upon dismissal is governed by the same rules as the main paid leave with a few exceptions. When leaving, you can receive compensation for unused additional leave in all cases, except for those when it is provided for harmful and dangerous working conditions and does not exceed 7 days. The employee must use these 7 days, and the employer must provide. You can only replace a cash payment with a quantity that exceeds 7 days.

Additional leave due to occupational illness

When an employee is injured due to the fault of the employer or occupational disease, he is entitled to paid leave for the implementation of medical and rehabilitation measures. The number of days spent on the trip there and back, as well as the duration of the treatment or rehabilitation program, is paid.

Additional leave for medical workers

have a special status medical workers some categories. Among them are those who are involved in work with harmful or even hazards(this category was discussed above), as well as caring for terminally ill patients, such as HIV infection. So honey. employees are granted 14 additional paid vacation days.

Annual additional paid leave for persons working in the northern regions of Russia

Special conditions for granting additional days of rest exist for workers in the northern regions of Russia (the so-called regions of the Far North). By law, they are entitled to an additional vacation of 24 days, and those who operate in areas equated with the northern territories can expect to be paid an additional 16 days.

Territories that belong to the Far North or can be equated to them are contained in the official list approved by federal law. Work in other territories of the north implies compensation in the amount of 8 additional paid days of rest.

The considered days of rest do not depend on the length of service of the employee and are assigned in proportion to the period worked as the main annual leave. The only exception is work on a rotational basis in the northern regions. The employer is obliged to calculate the time of additional leave based on the length of service in special, northern conditions.

Such paid rest cannot be replaced by monetary compensation.

Employees who carry out activities on a part-time basis are also entitled to it.

Add. vacation for victims of the accident at the Chernobyl nuclear power plant

Add. leave is mandatory for persons who were exposed to radioactive effects as a result of the accident that occurred at the Chernobyl nuclear power plant in 1978, including liquidators of the consequences, residents of areas adjacent to the accident site, citizens currently working in the emergency zone.

Depending on their status and the damage caused, the victims can count on the following duration of the paid extra. holidays:

1. 7 days - carrying out activities in the exclusion zone, working or living in the resettlement zone since 1995;
2. 14 days - those who received disability or radiation sickness, liquidators of the consequences and the military who served in the accident area from 1986 to 1990, local residents evacuated from the exclusion zone living in the resettlement zone.
3. 21 days - carrying out activities in the exclusion zone, working or living in the resettlement zone since 1986;
4. 30 days - military personnel in the exclusion zone.

In order to receive leave, these persons are required to present to the employer a special certificate of disability or participation in the liquidation of the Chernobyl accident, a passport.

Add. leave in the documents of the organization

The provision of additional leave must be properly executed. Mandatory presence of the application of the employee, copies required documents, an order to grant leave and an approved schedule.

Time sheet

In the time sheet of form T-12 or T-13, the days of such leave are indicated by the letters "OD" or the numbers "10". Holiday non-working days during the period of additional leave are recorded in the report card with the letter "B" or the code "26".

If an employee is granted leave without pay, then such leave is designated as "03" or "17".

Personal card

The legislation does not provide for the mandatory differentiation of holidays in the employee's personal card. However, it is still recommended to specify them separately. Otherwise, it will be impossible to determine the exact number of days of basic and additional leave granted to the employee.

Recommendations for employers on the provision of additional vacation days

In order not to prejudice the interests of their organization, employers are encouraged to use the following few tips that may be helpful.

Despite the fact that additional vacations are usually paid from funds compulsory insurance(with the exception of additional leave for irregular working hours), it can be very unprofitable for the employer to temporarily deprive his enterprise of its workforce and spend time looking for replacement employees. This is especially true for small organizations where a large number of important labor functions assigned to one employee and there is no personnel reserve.

The only way out in this case is to refuse to get a job to the candidate who has the right to receive a mandatory additional in the short term. vacation.

For example, a pregnant woman or a pensioner. Refusing them on the basis of their special status is prohibited by law, so you need to be well aware of the grounds that can serve as reasons for refusal.

For a pregnant woman, refusal may be dictated by difficult working conditions that do not allow her to engage in labor activities due to pregnancy, so as not to harm her health or the health of her unborn child.

The same applies to retirees. The grounds should not be discriminatory and you need to choose those that look like protecting the interests of applicants, but not in any way violating them.

If, nevertheless, an employee who has the right to a large number of days of additional rest is accepted into the organization, it is worthwhile to plan in advance the schedule for using additional leave and the features of the provision.

It may be worth forming a small personnel reserve from potential candidates for a position from outside or from existing employees of the enterprise who can quickly begin to fulfill the duties of an employee who is in the additional. vacation.

Particular attention should be paid to the documents of employees, granting the right to additional. vacation. The employer is obliged in most cases to make payments for additional compensation. vacations from their budget within the time limits specified by law, even if these funds are provided by insurance funds with a delay.

If the documents provided by the employee are declared invalid, the employer will not receive compensation for paying the employee's additional leave.

Additional paid leave is due to certain categories of citizens. Its duration is determined by the area of ​​residence of the employee and the method of certification of working conditions.

Failure to provide additional leave threatens the employer not only with a fine, but also criminal liability for systematic violations labor rights workers.

The Labor Code of the Russian Federation contains requirements for providing employees with not only basic, but also additional paid leave. The conditions and rules for its provision, as well as the minimum duration, are determined by the Labor Code of the Russian Federation.

Annual additional holidays are due to workers in special professions associated with dangerous and irregular schedules, as well as residents of the Far North and other areas equated to it.

Providing employees with additional holidays, if this is not provided for by the Labor Code of the Russian Federation, remains at the discretion of the employer.

Thus, there are 2 types of additional holidays:

1. provided for by the Labor Code and other Federal legal acts;
2. provided by the employer at his own request.

The first type is mandatory, that is, its duration, conditions and procedure for providing are strictly defined and cannot be changed.

The second type is dispositive, established by the employer and regulated by Art. 116. Labor Code of the Russian Federation, collective agreements and local regulations.

What is extra leave? How is its duration determined?

Annual additional leave is provided along with the main paid leave after six months of work in the current position.

The minimum duration of this is 7 days, the maximum is not legally defined. Its specific duration is determined by the method of assessing working conditions and certification of workplaces.

If the assessment of working conditions was made through the certification of jobs, then the determination of the duration of the vacation is carried out on the basis of the Decree of the USSR State Committee for Labor, but only in cases where its provisions do not contradict the Labor Code of the Russian Federation.

If this document does not specify required profession, then the duration of the vacation is set independently, by local regulations, but not less than established norms and taking into account the peculiarities of working conditions.

If produced special assessment working conditions, then the duration of additional leave for each employee is determined by the employer independently, on the basis of industry agreements.

This value should be fixed both in the collective and in the individual labor contracts.

Additional leave for employees whose work is associated with negative working conditions lasts in direct proportion to the time actually worked in such conditions.

• workers with irregular work schedule additional rest at least 3 calendar days;
• residents - 24 days;
• districts equated to it - 16 days;
• other regions of the North - at least 8 days.

Who is entitled to additional paid leave

1. workers whose professional activity implies increased psychophysical stress, as well as a risk to health and life: astronauts, employees, prosecutors, customs service, lifeguards, etc.
2. workers in the construction industry, provided they are permanently employed underground.
3. people who extract and transport minerals.
4. workers in the metallurgical and electric power industries.
5. and municipal employees.
6. employees in the field of sports and healthcare: doctors, coaches, athletes, etc.
7. civilians: victims of radiation exposure, residents of the Far North and nearby areas, workers with irregular hours and hazardous (harmful) working conditions.

How to apply?

It is compiled taking into account the desired vacation time of all employees. However, the employer is not obliged to take into account the wishes of employees, since the main function of this document is to ensure normal functioning all structural divisions organizations.

There is no form established at the legislative level for filling out the vacation schedule, so the employer himself determines exactly how it will look this document. He is certified by the chief personnel service and assigned by the head of the organization.

Certification of the vacation schedule with a seal is not required.

An application for additional leave is drawn up if the specific period for granting leave is not specified in the vacation schedule, the employee is not indicated in it at all, or he is not satisfied with the date of vacation chosen by the employer.

In turn, the employer or an official authorized by him for this draws up an order to grant leave or about it. It is worth noting that these 2 documents are equivalent and the final choice in this case depends on the decision of the employer.

How are vacation days paid?

Example 1

Additional leave is provided along with the main one.

The employee went on paid leave of 28 days, after which he was granted an additional one of 8 days.

1. We calculate the salary for the billing period: 23,000 rubles (monthly salary) * 12 months = 276,000 rubles.
2. We calculate the average daily salary: 276,000 rubles: 352.8 (number of days in the billing period) = 782.31 rubles.
3. We calculate the amount of vacation pay: 782.31 * 36 days = 28,163 rubles.

Example 2

Additional leave is provided separately from the main one.

The employee was sent on paid additional leave for 10 days. His salary in the billing period amounted to 19,000 rubles.

1. Determines the amount of payments for the billing period: 19,000 * 12 = 228,000 rubles.
2. We determine: 228,000: 352.8 = 646.2 rubles.
3. We determine the amount of vacation pay: 646.2 * 10 = 6462 rubles.

Responsibility of the employer for failure to provide additional leave

Compliance with the labor rights of its employees is a direct obligation of each employer, for failure to comply with which he bears a certain responsibility.

It is not uncommon for employers to refuse to provide their employees with them additional leave. In this case, the employee whose rights have been violated may apply to the court with a claim for monetary compensation.

Additional holidays are established and provided either due to the special nature of work and working conditions (compensatory), or as an incentive measure (stimulating) .

In fact, the possibility of providing additional incentive leaves should be determined by the employer. At the same time, the current legislation does not establish ϶ᴛᴏ, and part of the additional vacations of a stimulating nature remained under the jurisdiction of the state.

If additional leave is granted to employees of this organization on the basis of a local act, all issues related to its provision and duration are regulated by the organization that issued the ϶ᴛᴏt act, based on their financial and production possibilities. Additional paid vacations differ in their duration and on the grounds for their occurrence, in the order in which they are granted.

The right to additional annual paid leave depends on the working conditions (Article 117 of the Labor Code of the Russian Federation), the nature of the work (Article 118 of the Labor Code of the Russian Federation), irregular working hours (Article 119 of the Labor Code of the Russian Federation), the natural and climatic zone (Article 321 of the Labor Code of the Russian Federation). RF) and other features of labor activity. The material is published on http://assetka.rf
The procedure and conditions for granting these holidays are determined by collective agreements or local regulations (Article 116 of the Labor Code of the Russian Federation) .

Annual additional paid leave is granted to employees employed in work with harmful or dangerous working conditions: on underground mining and open pit mining in cuts and quarries, in zones of radioactive contamination, in other works associated with unstable adverse effects on human health of harmful physical, chemical, biological and other factors.

The right to additional paid leave are those employees, professions, positions of which are provided for but ϲᴏᴏᴛʙᴇᴛϲᴛʙindustrial production and workshops of the List, in other words, workers directly performing work, which is directly provided for in the List. The duration of the leave is set in the List for each job, position and ranges from 6 to 36 working days.

Excluding the above, it should be borne in mind that by Decree of the Government of the Russian Federation of November 20, 2008 No. 870, employees employed in hard work, work with harmful and (or) dangerous and other special working conditions, based on the results of attestation of workplaces, reduced working hours are established - no more than 36 hours per week in ϲᴏᴏᴛʙᴇᴛϲᴛʙii with Art. 92 of the Labor Code of the Russian Federation and annual additional paid leave of at least 7 calendar days.

According to the amendments made to the Labor Code of the Russian Federation, now from Art. 119 of the Labor Code of the Russian Federation, the norm was excluded, which made it possible to compensate for the processing that occurs for workers with irregular working hours as overtime work, leaving with ϶ᴛᴏm only one way of compensation - the provision of annual additional paid leave.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from federal budget, are established by the Government of the Russian Federation, in organizations financed from the budget of the subject Russian Federation, - by the authorities of the subject of the Russian Federation, and in organizations financed from the local budget - by local governments.

As with the main one, the employee has the right to additional leave in the first year after 6 months of his continuous work in this organization. Previously, additional leave could only be taken after eleven months of completion official duties.

The duration of additional leave is calculated in calendar days. Wherein holidays falling on ϶ᴛᴏ time are not included in the calculation (Article 120 of the Labor Code of the Russian Federation) .

Usually, additional leave is provided to the employee along with the main one. At the same time, it happens that for some reason the employee does not want to immediately take all the days of vacation or the administration of the enterprise cannot send him to rest for a long time. In the ϶ᴛᴏ case they are written agreement, in ϲᴏᴏᴛʙᴇᴛϲᴛʙ and with it, the employee's vacation is divided into parts. This allows Art. 125 of the Labor Code of the Russian Federation.

Note that for those who live in the regions of the Far North, additional leave is provided in ϲᴏᴏᴛʙᴇᴛϲᴛʙii comp. 321 of the Labor Code of the Russian Federation. Its duration is:

· in the regions of the Far North - 24 calendar days;

· in areas equivalent to the Far North - 16 calendar days.

Additional leave is also provided to those who work on a rotational basis in the Far North and in areas equivalent to it. Their vacation lasts as long as the residents of these areas (Article 302 of the Labor Code of the Russian Federation) .

The right to additional annual paid leave for the special nature of work is given to employees employed in certain sectors of the economy and public service for long work experience. The list of such employees is approved by the Government of the Russian Federation.

Taking into account the length of service in certain positions, employees of the prosecutor's office enjoy the right to additional leave on the basis of the Federal Law of January 17, 1992 No. 2202-1 "On the Prosecutor's Office of the Russian Federation", prosecutors and investigators of the prosecutor's office can additionally rest five calendar days a year after 10 years work.

The maximum additional leave for such employees is 15 calendar days. It is granted when their experience exceeds 20 years.

Also, judges, teachers, customs officers, employees have the right to additional leave for length of service. light industry and forestry, police officers: after 10 years - five calendar days, after 15 years - 10 calendar days, after 20 years - 15 calendar days.

The length of service giving the right to additional paid leave shall also include periods of service as an intern in the bodies and institutions of the prosecutor's office. Service in other law enforcement agencies, military service, as well as work as a judge are counted in the specified length of service in a calendar calculation.

Also, organizations, taking into account their production and financial opportunities may independently establish additional holidays for employees, unless otherwise provided federal laws(part 2 of article 116 of the Labor Code of the Russian Federation) .

Annual additional paid leave is established for employees with irregular working hours as compensation for the workload and for the performance job duties at certain times outside of normal working hours.

The duration of the ϶ᴛᴏth vacation in non-budgetary sectors is determined by the collective agreement or internal labor regulations.

Basic and additional paid holidays can traditionally be used at the same time. When calculating the total duration of the vacation, the sum of the specified vacations is made. They are not limited by any maximum limit at ϶ᴛᴏm.
It should be noted that a special procedure for summing up vacations is provided for persons working in the regions of the Far North and equivalent areas.

First of all, full or partial combination of holidays is allowed for no more than two years.

Secondly, the total duration of the leave should not exceed six months, including the time required for travel to and from the place of use. The unused part of the vacation, exceeding six months, is transferred to next year.

The issues of regulation of labor relations are topical for millions of working people in our country. Employees do not always know their rights and know how to properly defend them. Therefore, it is very important to be interested in the laws governing labor Relations between leader and subordinate.

In this article, we will talk about the duration of the additional vacation. Which categories of workers are entitled to this benefit? What is the duration of the annual additional leave? Is it possible to calculate it in advance? Read on for these and other details.

But first, let's find out the fixed duration of the main and additional holidays.

Minimum rest period

According to Russian law, every employee of any enterprise has the right to an annual fixed rest equal to 28 calendar days (or four weeks).

Is the duration of additional leave determined by law? In short, no. However, according to the Labor Code of our country, the state has established a minimum duration of additional paid leave. For each category of privileged professions, it has its own.

The minimum duration of additional annual leave will be discussed below. And now let's find out what types of holidays are regulated by the Labor Code.

What is extended leave

Many employees confuse concepts such as extended and additional annual leave. The duration of each of them is different, and they differ from each other.

Extended leave granted annually to certain categories of employees is fixed. Here are the privileged groups of workers it is provided to:

• Disabled persons of any profile (total number of paid leave - thirty calendar days).
• Educators and teachers (42 days or 56 days respectively).
• Workers under the age of eighteen (31 days).
• Civil or municipal employees (thirty days).
• Rescuers (in this situation, extended leave is calculated on the basis of the length of service of a particular employee and can vary between thirty and forty days).
• Employees of courts and prosecutors (may also vary between 30 and 48 days).
• Employees with a scientific degree (36 or 48 days).
• Workers in the field of creating chemical weapons (49 or 56 days, it all depends on where the enterprise is located) and some other categories.

Who is entitled to additional annual paid leave, the duration of which is of such interest to many of our compatriots?

What the law says

The Labor Code of our country (namely, the first part of Article 116) defines the grounds according to which a person is granted additional annual paid leave (the duration of which will be indicated below).

What are these privileges? First of all it is:

• Work in harmful and even dangerous conditions.
• Labor of a special nature.
• A job that involves irregular working hours.
• Labor in certain localities (the Far North and areas equated to it).

Of course, this list is incomplete, since the legislation provides for the provision of additional preferential holidays to other categories of employees. However, the conditions mentioned above are considered the most common and in demand among the inhabitants of our homeland.

At the discretion of the employer

According to the second part of the article of the Labor Code of the Russian Federation discussed above, enterprises and organizations have the right to independently appoint additional leave for their employees (the duration of which is also set by the head). This is provided in case the legislation does not establish additional days off for certain categories of employees, and the employer wants to provide them with a paid weekend.

Such circumstances are fixed in the collective agreement, as well as other regulatory acts of the organization of a local nature. Thanks to these documents, the employee enjoys special privileges that are not taken into account Russian legislation.

On the other hand, although it is within the competence of the head of the enterprise to provide additional benefits to his employees (for example, paid leave), he does not have the right local documents repeal the official provisions of the Labor Code regarding their benefits provided by law.

However, it remains open question: what is the duration of additional leave for employees mentioned in the Labor Code of our Motherland? Let's find out more.

Harmful working conditions

What professions fall under this privileged category? First of all, these are specialties that are directly related to work in mines, which are directly underground or open-pit work in quarries or cuts. It is not necessary that enterprises of this kind belong only to coal industry. Employees of the shale and mining industry and some other industries National economy additional days off may also be granted. This applies to those who are directly involved in the production military equipment(defensive or aviation) and metal smelting, as well as its processing.

Specialists who work with chemical or biological substances that can cause irreparable harm to their health also receive additional leave. This applies to professionals working in the industry of extraction or processing of oil, gas or peat; to health workers and laboratory assistants involved in the collection of biomaterial, in contact with HIV-infected patients, patients with tuberculosis, or serving mentally ill people.

In addition, employees who take part in the elimination of radiation contamination or work in production with an increased level of radiation receive additional leave.

Hazardous conditions and rest periods

What is the minimum duration of additional leave for the categories of workers mentioned above? Specialists working in conditions of increased danger (in mines, metallurgical plants, and so on) receive additional days off to the main annual paid leave in the amount of 4-24 calendar days. It all depends on the degree of danger of working conditions, as well as how often a person is in such circumstances at his workplace.

If an employee in the process of his work directly comes into contact with harmful chemical or biological substances, then he is provided by the state with additional days of grace in the amount of 6-36 working days. That is, leave in such cases is provided according to the schedule of not a five-day working week, but a six-day one. Accordingly, the main vacation of such an employee will be replenished with an additional grace period from 7 to 42 calendar days.

When it comes to liquidators of accidents on chemical industries, then their additional leave will be equal to seven or fourteen calendar days. This also applies to the liquidators of the accident at the Chernobyl nuclear power plant.

The special nature of labor

What professions fall under this specific category of beneficiaries who are entitled to additional paid leave? First of all, these are employees who carry out their official duties in different public institutions. This category includes employees of courts, prosecutors and penitentiary institutions, as well as those people who, by virtue of their competence, possess particularly important information or even state secrets.

Special conditions and vacation period

How to determine how many additional days off can be taken by a person whose field of employment is closely related to the specialties mentioned above?

It is important to know here that the provision of additional rest directly depends on the number of years continuously worked in a particular area. In some cases, this privilege is referred to as annual additional seniority leave. The duration of additional days off depends on the length of service and the type of activity of the person.

For example, if an employee works in the police, then he has the right to ask for additional days to the main vacation in the amount of 72 hours with an experience of five to ten years, five days with an experience of ten to fifteen years, ten days - the continuous worked period should be 15- 25 years, fifteen days - twenty years of experience and above.

What is the duration of additional paid leave for seniority for civil servants, workers in state or municipal structures? In this case, one year of service may equal 24 hours of additional rest. It is clear that most often days off depend not only on the number of continuously worked years, but also on the position of the employee.

What is the duration of additional leave for length of service for employees in the Ministry of emergencies? Extended vacancies are possible with five to ten years of service (72 hours). If an employee of the Ministry has continuously worked from ten to fifteen years, then he is already entitled to five days of additional days off. Experience from fifteen to twenty years is estimated at ten days of preferential leave, and more than twenty years of faithful service will bring fifteen days to a valiant employee of the Ministry of Emergency Situations. The same can be said about judges and prosecutors.

Please note that additional leave for such categories of workers is assigned not in calendar days, but in working days.

Other areas of work included in special conditions

Additional leave is also provided to workers in the healthcare sector. Doctors and nurses with more than three years of experience are entitled to three additional calendar days.

It is also worth mentioning the workers involved in forestry. Working in shifts, they have benefits for four additional calendar days.

Athletes and their coaches also enjoy benefits in relation to their main leave. Their weekend may be extended by at least four calendar days.

Irregular working hours and holidays

And what about employees who, in accordance with the performance of their official duties, do not have a fixed mode of work? Or what should a worker do if he is often asked to work overtime? Such citizens have the right to additional leave for an irregular working day. The duration of preferential rest is established by Russian legislation in accordance with Article 119 of the Labor Code.

Such workers have the right to receive an additional day to the main vacation of at least three calendar days per year. If desired, a person can refuse additional days off and ask for material compensation for them.

Who is eligible for this benefit?

To whom they provide

Irregular working hours are officially assigned to the following categories of workers:

• In the Ministry of Justice, deputy ministers, heads of departments, heads of departments (fourteen calendar days), heads of departments, advisers, consultants (twelve days), specialists (ten days) and other employees (eight days) have the right to additional preferential days off.
• Among employees of the Federal Compulsory Medical Insurance Fund, the director, deputy directors, managers (fourteen calendar days), advisers and consultants (twelve days), specialists, secretaries of the director, press secretary (ten days), drivers (six days) have the right to additional vacation days ).

As you can see, the period of additional leave directly depends on the position of the employee, which indicates the extraordinary workload of the heads and heads of these departments.

The Far North and the territory equated to it

Persons who live and work in these areas are also protected by Russian law. Based on the relevant law, amended in 2000, citizens working directly in the conditions of the Far North can receive an increase in their basic leave for a total of 21 working days.

Persons working in areas equated to this territory have a benefit of fourteen working days, and those working in other northern regions have only seven additional days to their weekend.

Other types of additional leave

These include the provision of a paid leave of absence in the event that an employee receives education in state educational institutions in the evening or by correspondence. Such leave is paid at the rate of the average salary of a working student.

However, this period is limited in duration. For example, according to article 173 of the Labor Code of our country, employees studying in higher educational institutions are entitled to receive forty calendar days for certification activities in the first and second year, or fifty days in the third and subsequent courses. Also, such employees are given four months to write a final work, defend it, and also pass state exams.

If the employee is studying in secondary vocational schools state sample, then he is provided with paid additional days for passing attestations in the amount of thirty and forty calendar days, as well as two months for writing the final work, defending it and passing the final state exams.

For students in institutions whose accreditation corresponds to primary vocational education, additional days are provided during the year in the amount of thirty.

If an employee is studying at an evening school, then the state provides for an additional vacation of nine days to pass exams for the ninth grade and 22 days for the eleventh grade.

Important nuances in the design

What do you need to keep in mind if you want to take advantage of the extra days off provided for you by law? First of all, you should know that additional leave is not divided, unlike the main one. In addition, these types of vacations can be combined and taken all at once, which is very convenient if you are planning some kind of long trip or just want to completely relax.

You should also be aware that if your planned weekend fell on a holiday, then the number of holidays must also be added to a certain calculated period.

An important point in the registration of additional holidays is the fact that, according to the law, additional days off cannot be transferred to the next year. That is, if this year you did not take the grace weekend due to you, then they burn out. For the next year, you can only take the new grace period for personal rest that you are entitled to by law.

Other types of paid leave

In addition to those mentioned above, an employee may be granted days off for donation or other services to the state.

Moreover, an employee who is expecting a child is entitled to paid leave. She is assigned a decree on the basis of a sick leave taken at the antenatal clinic for the period before childbirth (seventy days) and after childbirth (seventy days for normal delivery and 84 days for complicated birth or caesarean section). If an employee has two or more children, her leave is increased to 84 days before childbirth and 110 days after. Also, a woman can take the opportunity to take leave to care for a child until the child reaches the age of three. In this case, the young mother is paid an allowance, and she also retains her job and position.

Unpaid vacation. Who is supposed to?

In short, days off without pay can be provided to everyone, according to their application and if there are certain good reasons. The duration of this period is negotiated by the employee and his manager.

• Pensioners by age who continue to work (up to fourteen calendar days per year).
• Disabled (up to sixty days).
• Mothers or fathers raising a child on their own.
• Families with many children, where all three or more children are minors.
• Close relatives of the dead military personnel (up to fourteen days a year).
• In the case of a valid reason (marriage, divorce, death of a close relative, birth of a child, passing exams for entering a university, and so on).

A few words in conclusion

As you can see, the legislation of the Russian Federation provides for a number of benefits and privileges for employees of certain enterprises and government agencies. We have analyzed what additional paid and unpaid leave means, in what cases, and also to what categories of people it is provided. We also got acquainted with some of the nuances that should be remembered when making out the weekend.

For refusal to provide additional leave to workers in need of this, the employer may be subject to criminal liability.

The Labor Code of the Russian Federation clearly sets out the rules according to which an employee has the right to this species holidays. Moreover, the rules for its provision, as well as the conditions and terms for its execution, are clearly spelled out.

The concept of additional leave and the legislative framework for this issue

Additional leave is entitled to receive not only those categories of citizens whose work is classified as especially harmful or is irregular.

Residents of the Far North, including nearby areas, can arrange such a vacation.

In cases where the legislation does not provide for additional leave in any profession, it can be granted only at the discretion of the employer.

Based on this, additional holidays can be divided into several types, namely:

• regulated by the legislation of the Russian Federation;
• leave not regulated by law, but provided by the employer himself.

In the first case, additional leave, including its period, is determined on the basis of the prescribed conditions of the legislative framework.

In the second case, the terms and conditions are determined personally by the employer at its discretion or on the basis of.

Categories of workers

Depending on working conditions, place of residence and a number of other factors, the legislation regulates the procedure for providing this type of rest.

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childcare

According to article 256 of the Labor Code of Russia, a young mother is given the right to apply for additional leave until the child reaches the age of three.

This vacation can be issued only after the previous one ends.

During additional leave, the woman receives payments under the state social insurance program.

Additional leave can be granted not only to the mother, but also to another person who takes care of the baby instead of her (father, grandmother, grandfather or guardian).

At the request of a person who is on additional parental leave, he has the right to work only on a part-time or full-time basis, but at home.

According to current legislation, for a person staying on this vacation, the place of work, including the position, is retained. Moreover, this period is counted in the total experience.

civil servants

Today, article 46 of the Labor Code of the Russian Federation, civil servants for each year of continuous work are added 1 day to additional leave.

In addition, there is a legal dependence of additional leave on length of service, namely:

• for civil servants with a continuous work experience of 5 to 10 years, the increase in additional leave is 5 days;
• for civil servants who have a continuous work experience of 10 to 15 years - 7 days;
• who have a continuous work experience of 15 years or more - 10 days.

Scientific workers

depending from a scientific degree, this category of workers is provided with:

• 48 working days, with a doctorate degree;
• 36 working days, with a PhD degree;
• in other cases, at the discretion of the scientific organization.

Athletes

For athletes who continuously participate in various sporting events, the law provides for about 4 working days of additional leave.

It can be increased only with the agreement of the coaching staff.

Special working conditions

Citizens whose work includes heavy and harmful conditions labor provided by the law of the Russian Federation for at least seven calendar days of additional leave. Depending on the assessment of working conditions at the workplace, the period can be significantly extended.

Special types of work

Citizens whose labor activity falls under special conditions labor, additional days of rest are laid in accordance with the assessment of the workplace attestation. Often, the additional leave is 14 days.

Studies

In the process of combining work and study, the employer is obliged to provide additional leave to the worker for the period that is necessary for the preparation and delivery of the session or thesis. This vacation is clearly spelled out in article 177 of the Labor Code of the Russian Federation. For its registration, it is enough to provide a written application, as well as a certificate of release from work from the place of study.

Moreover, according to the law, wage calculated including all public holidays.

For other categories of citizens who carry out their labor activities in different areas of industry, additional leave may be granted, the period of which is established directly by the employer.

Certain categories of citizens

Working pensioners

According to labor code RF, working pensioners are entitled to additional leave for up to 14 days.

Depending on the wishes of the employer, this period can only be increased; it cannot be reduced by law.

Participants in the fighting

Veterans of hostilities can take such leave once a year for 35 calendar days.

Disabled

Citizens who are disabled, but at the same time carry out labor activities, are entitled to additional leave for up to 60 days.

At the same time, this article applies to private enterprises without fail.

single mother

The Labor Code of the Russian Federation provides for additional leave for this category of citizens for a period of 14 days.

For parents with many children

A father or mother with many children has the right to take additional leave for up to 14 days only if the youngest child is less than 14 years old.

Otherwise, additional leave is not provided.

Labor veteran

Chernobyl

The category of citizens who are Chernobyl survivors are entitled to additional leave for a period of:

• for those who worked in the area of ​​the Chernobyl nuclear power plant from April 26, 1986 - 14 days;
• for those who worked in the area of ​​the Chernobyl nuclear power plant from December 21, 1995 - 7 days.

In this case, the personal wish of the management team is an exception. The term can only be increased, it is impossible to reduce the terms stipulated by law, this can be followed by both criminal and administrative punishment.

Some professional activities

Electric and gas welders

Electric and gas welders who carry out their labor activities indoors have the full right to receive additional leave for a period of 14 calendar days. Those who work outside the premises receive additional leave from maximum term 6 days.

In the event that the employee carries out his labor activity both inside and outside the premises, the period is set at individually at the request of the leadership.

Economists

For these categories of citizens, additional leave has recently been canceled. An exception to this may be a collective agreement, which specifies the terms of additional leave. They may vary from company to company.

accountant

As a rule, it is from 7 to 14 calendar days.

medical officer

Medical staff who carry out their labor activities in psychiatric institutions, or are constantly in contact with various dangerous viruses, are entitled to additional leave for a period of 14 to 35 calendar days.

Teachers of additional education

As a rule, this category of workers is not provided with additional holidays.

This is primarily due to the fact that their main vacation is 42 calendar days. Additional leave may be granted only in cases that provide for childcare and study.

Operators

Drivers

In this case, additional leave may be granted according to collective agreement or personally at the request of the management team.

About the annual main and additional holidays, the rules for their provision and duration, is described in the following video: