Additional vacation. Additional leave for health workers: to whom and how is it provided Calculation of additional leave for health workers per year

Additional leave for hazardous working conditions 2016-2017 provided according to the rules provided for in the Labor Code of the Russian Federation. But in some cases, for example, in relation to employees of temporary detention centers, it is also necessary to be guided by the regulations in force in a particular industry.

What is meant by hazardous working conditions?

Labor legislation gives all employees, without exception, the right to go on vacation once a year or to divide their vacation time into several parts. At the same time, some features of work activity give the employee the right to annually claim additional days as an addition to the main vacation period. Among these features, according to the Labor Code of the Russian Federation, are harmful working conditions.

But it is worth noting that dangerous conditions are also mentioned here along with harmful ones. The federal law “On special assessment of working conditions” dated December 28, 2013 No. 426-FZ provides a classification of conditions depending on the degree of their adverse effect on the human body. According to this classification, conditions are divided into 4 classes, and the 3rd class (harmful conditions) is in turn divided into 4 more subclasses.

The presence of factors unfavorable for the employee is determined during a special assessment of working conditions, which must be carried out at the initiative of the employer without fail.

Who has the right to additional leave for hazardous working conditions?

Only persons working in harmful conditions of the 2-4th degree or in hazardous conditions can receive additional vacation days, and even paid ones. Working in hazardous conditions of the 1st degree does not give the right to additional paid leave. This rule is contained in Art. 117 Labor Code of the Russian Federation.

You can check with your employer to determine whether a particular workplace is subject to hazardous conditions. In general, he is obliged, against signature, to notify the employee of the result of this assessment within a month after the assessment of the workplace.

Don't know your rights?

In certain institutions, for example, in law enforcement agencies, regulations establish a list of positions where work is associated with the influence of unfavorable factors.

How many additional vacation days can you get, in particular for temporary detention facility employees?

The Labor Code of the Russian Federation establishes a minimum number of days that are added for harmful working conditions. We are talking about 7 calendar days. If the employer has enough funds, he can increase the duration of the vacation. But this should be done at the level of a local act of the enterprise or a collective agreement.

Enterprises from the same industry can enter into an agreement with each other that establishes a longer period of additional leave for harmful conditions for specific employees. Here, the general criteria for the harmfulness of conditions in a particular workplace are taken into account. Again, using the example of law enforcement agencies, this will look like this.

The order of the Ministry of Internal Affairs “On some issues of service by employees of the Ministry of Internal Affairs of the Russian Federation in hazardous conditions” dated June 30, 2014 No. 549 approved a list of positions that give the right to extend leave. This list is used to implement the provisions of Art. 58 “Additional leaves” of the federal law “On service in the Department of Internal Affairs of the Russian Federation” dated November 30, 2011 No. 342-FZ.

Persons who hold positions included in the list, including employees of temporary detention centers (IVS), are provided with at least 10 additional vacation days.

Registration of additional leave and the possibility of compensation with money

The registration of additional leave is monitored in the human resources department or in the accounting department. For this purpose, special forms of primary documents are used, for example, a time sheet, where the days of the main and additional vacations are noted. The leave itself is granted to the employee after the issuance of an order, which indicates its start date and duration.

Since we are talking about paid leave, vacation pay is calculated on the basis of primary documents. If a person entitled to additional leave wants to receive monetary compensation instead of vacation days, labor legislation should be taken into account.

Thus, compensation can be issued only for those days that exceed the minimum period of additional leave established in the Labor Code of the Russian Federation. Therefore, only employees of some enterprises where the employer additionally gives more than 7 days of vacation can receive money instead of vacation days.

For work under the influence of harmful and dangerous conditions, leave is given annually and on a paid basis. The presence of unfavorable conditions in the workplace is determined by conducting an assessment every 5 years. And if the employer has improved working conditions by eliminating the influence of harmful factors on the employee’s body, then after the next assessment the latter may lose the right to additional leave.

A doctor, like any representative of another field of activity, has the right to leave. According to Chapter 19 of the Labor Code, every person can apply for rest, which should include not only vacation time, but also established time limits for working hours, as well as a reduction in work time before holidays, and, of course, the presence of days off every week and non-working holidays days.

How many days can doctors' vacation last? In this article we will look into this issue.

Types of vacations

The annual leave granted to each employee is divided into two types:

• Basic.
• Additional.

Main holiday

Basic leave is granted annually and is paid by the enterprise of which the employee is an employee. Its duration is 28 working days. However, if there are certain peculiarities, this leave can be extended to 31 calendar days in accordance with Article 267 of the Labor Code of the Russian Federation. This category may include, for example, employees who were under 18 years of age or the age of majority at the time the leave was granted. Many people are interested in how many days a doctor’s vacation lasts.

Additional vacation. General provisions

According to Article 116 of the Labor Code of the Russian Federation, a category of people entitled to an additional paid vacation period is established. These are workers in the following fields of activity:

• Work in enterprises and factories with hazardous chemical compounds that have a negative effect on the body.
• Activities with irregular work schedules.
• The special nature of work activity.
• If the employee works in the Far North or an area equivalent to it.

Additional leave for medical workers

So, how many days does a doctor's vacation last?

Unfortunately, at the moment there is no legislative act yet, but at the same time, some categories of medical workers have the opportunity to take advantage of additional paid leave due to close contact with harmful and dangerous drugs.

However, according to Article 117 of the Labor Code of the Russian Federation, this leave can be granted to medical workers. The nuance is that the specialist’s working conditions, based on the results of the assessment, must be equal to the working conditions of the second, third or fourth degree. In this case, the duration of such annually paid additional vacation time must be at least a week (7 working days). How many days have doctors been on vacation since 2016? More on this later.

In addition, the duration of such leave is established when signing an employment contract for each individual medical worker. This should be based on an industry (inter-industry) agreement and a collective agreement, which indicates the results of a special assessment characterizing working conditions.

On the basis of the same agreement, this additional leave, granted annually, lasting more than 7 calendar days, can be replaced by monetary compensation, separately established in accordance with the procedure, amount and timing of payments set forth in this established industry (inter-industry) agreement or collective agreement. This is how many days doctors' vacation lasts.

What should the employer refer to?

To establish the duration of additionally granted leave, the employer can refer (according to the decision of the Supreme Court of the Russian Federation dated February 14, 2013, number AKPI12-1570):

• List of positions and professions of workers, according to the resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974, number 298/P-22.
• For instructions on how to use the above list.
• For a standard provision on a special assessment of working conditions and work for which additional payments are possible.
• And other regulatory legal acts that are in force at a given time, but do not contradict the Labor Code. The duration of a doctor's vacation may vary.

List of medical professionals

List of types of medical workers who work in hazardous working conditions or in close contact with hazardous substances:

• Workers of infectious, fungal and anti-tuberculosis departments of treatment and prevention institutions (HCI).
• Medical workers (doctor, nurses, orderlies) serving patients.
• Cleaners of industrial premises of medical institutions.

According to this legislative act, the duration of (additional) leave in these cases is 6-12 days.

How many days of vacation do doctors have since 2016? This question interests many.

However, referring to these regulations enshrined by the state, one must remember that, in accordance with the Resolution of the Constitutional Court of the Russian Federation dated 02/07/2013 No. 135-O, this leave of at least a week is granted to all employees, regardless of whether the position held or profession on this list or not.

Taking into account all of the above, we can conclude that paid leave for employees engaged in areas that are harmful and dangerous to the life and reproductive functions of the body is much higher, and the period of such additional leave in such cases should be at least 7 working days.

We figured out how long doctors' (additional) vacation lasts.

Right to extended leave

The duration of such leave is 56 or 42 calendar days, this is determined by the specifics of the institution and the position of the employee.

Thus, a candidate of sciences has the opportunity to take advantage of vacation for a period of 35 working days, and employees with an academic medical degree of Doctor of Science - 48 days (according to Decree of the Government of the Russian Federation of August 12, 1994, number 949).

As for employees of research departments, leave can be extended to 56 calendar days, in particular, this applies to workers who are in contact with toxic compounds that are classified as chemical weapons, or who perform destruction work at enterprises specializing in the production of chemical weapons.

Let's figure out how many days the neurologist's vacation lasts.

Additional leave

The following groups of medical workers are distinguished who have the right to leave of 3 calendar days, provided that the length of service of such workers is at least three years (Resolution of the Government of the Russian Federation No. 1588):

• General doctor (practice).
• Family doctor.
• Nurses accompanying representatives from the above first or second group.

But taking into account the irregularity of the workload, the constant influence of a huge number of harmful conditions and the work pattern formed in a special way, the employer can establish additional leaves, reflecting them in the local documentary acts of a given medical institution (HCI). Some people are wondering how many days a school pediatrician’s vacation lasts. It is calculated using a general algorithm.

Duration of vacations for employees of psychiatric departments

Thus, persons working in a psychiatric department have the following duration of leave:

• Psychiatrist, psychologist and medical staff - vacation period is 35 days.
• Chief nurse - 28 working days.
• Clinical laboratory staff - 21 days.
• Dieticians and medical receptionists - 14 days.

Duration of vacations for employees of anti-tuberculosis institutions

Workers of anti-tuberculosis institutions:

• TB doctor and middle and junior level nurses - 14 days.
• Phthisiatrician working with X-ray preparations - 21 working days.

For doctors who come into contact with HIV-infected people

• Doctor, psychologist and middle and junior level medical staff - 14 days.
• Clinical laboratory assistants - 14 days.
• Medical personnel in contact with and directly caring for infected patients - 14 days.
• Personnel in contact with biologically active fluids and media of infected people (saliva, blood) - 14 working days.

This is how many vacation days doctors are entitled to.

Additional paid leave, just like the main one, is provided in accordance with the approved schedule (queue schedule). This document is formed before mid-December in accordance with the specifics of the medical institution and the interests of the employees.

Both vacations can be summed up, but at the same time it is possible to divide them into component parts, and one of these parts must be at least 14 days (2 weeks) in accordance with Article 125 of the Labor Code of the Russian Federation.

For example, if the total duration of vacation time for a nurse in a psychiatric department is 56 days, then, if she wishes, this vacation can be divided into several. But to do this, the employee must contact the HR department before signing the schedule, that is, before it is approved, or within a year and report his desire.

The HR department is obliged to warn this nurse two weeks (14 days) before the start of the vacation, to pay her vacation money 3 days before the first day of vacation, in accordance with Article 123 of the Labor Code of the Russian Federation. We looked at how many days a psychiatrist's vacation lasts.

Features of calculating vacation dates

You need to know that not all periods are included in the length of service. The following are excluded:

• Missing work for an unexcused reason.
• Removal from performance of duties (due to the fault of the employee himself).
• Exceeding the period of administrative leave by more than 14 days.

This provision is considered in accordance with Article 121 of the Labor Code of the Russian Federation.

According to Article 117 of the Labor Code, only periods of working time when the employee was present at the workplace are taken into account. That is, it turns out that rest time, vacations, weekends and periods of temporary disability are not included in the calculation.

How are vacation pay calculated?

First of all, the level of average annual earnings for the last year is calculated. To do this, all wages are summed up, then this amount is divided by 12 (the number of months in a year), and then the resulting value is divided by 29.3. 29.3 - calculation coefficient changed on 04/02/2014; before that time it was 29.4.

What is the duration of a dentist's vacation? Let's look at it below.

Since doctors work in the field of medical services, here, as we have already found out, there are some nuances in granting leave. There are several reasons for which a medical worker should receive leave, so the question arises: how much leave can an employee of a medical institution receive? So, for example, a doctor in a specific field of medicine, due to contact with infected patients and a high risk to his life, has the right, as we have already found out, to be granted additional leave. But at the same time, this doctor has an irregular work schedule, which also serves as a reason for granting him medical leave. It turns out that this doctor must receive at least two legal holidays. But this cannot be done, but you should choose and take advantage of that vacation, the duration of which is longer.

How to calculate vacation funds for a nurse who has just returned from maternity leave? She wants to exercise her legal right to annual leave, in accordance with Article 260 of the Labor Code of the Russian Federation, but she has not received any wages for the last quarter of the year (three months)?

Referring to the Decree of the Government of the Russian Federation, namely point 6, the average wage level should be equal to the calculated one. However, it may be that this employee has not worked at all before. In this situation, the amount of funds should be calculated based on the currently approved salary.

Conclusion

Thus, we can definitely say that every individual employee, regardless of their status, has the opportunity to take advantage of vacation. And even more so if we are talking about medical workers, so they should be provided not only with annual medical leave, but also with additional leave, as a sign of gratitude for their role in the life of every patient who turns to them for help. Therefore, it is so important to know how many days of vacation a pediatrician, for example, or a medical worker of any other specialization has.

Moreover, if this is legally approved by Decree of the Government of the Russian Federation of December 24, 2007 number 922.

We looked at how many days doctors' vacation lasts.

There is Government Decree No. 482 of 06/06/2013, which provides a detailed list of professions and positions that are entitled to additional paid leave. When providing an employee with additional leave, the employer must be guided by Art. 116 Labor Code of the Russian Federation.

Based on the current Resolution No. 482, additional leave in 2018 is provided to some health workers who hold certain positions in healthcare.

Additional leave is provided after a special assessment of the work of medical workers. The assessment results must be agreed upon with the institution's trade union.

If the profession of some health workers is not on the specified list, then additional leave is provided on a general basis. According to Art. 117 of the Labor Code of the Russian Federation, the minimum duration of additional leave for medical workers who work in harmful and dangerous working conditions is 7 calendar days. This period may be increased by a collective agreement or other local act of the medical institution.

According to Resolution No. 482, additional leave is granted to:

• for health workers who provide mental health care:
  • doctors in senior positions, housekeepers and other medical personnel who provide medical care to mental patients - 35 calendar days;
  • laboratory workers - 21 days;
  • receptionists, nurses and dieticians - 14 days.
• doctors who provide care to tuberculosis patients:
  • all medical staff of tuberculosis dispensaries - 14 days;
  • TB doctors who perform X-ray examinations - 21 days;
• doctors working with HIV-infected people and coming into contact with drugs that contain the virus - 14 days.

Junior medical personnel, that is, nurses working in such institutions, also have the right to additional leave lasting from 7 to 12 days.

If a medical worker is entitled to additional leave for several reasons, it is granted only for one of them.

If the head of a medical institution does not bother to conduct a special assessment of working conditions that reveals the degree of harmfulness of the working conditions of his employees, he is violating labor legislation. But he is obliged to provide additional leave to medical workers.

Due to the fact that changes have occurred and workplace certification has been cancelled, and instead a special labor assessment is now carried out, an opinion has emerged that additional leave for medical workers will be cancelled. This is wrong!
During a special assessment, the degree of harmful working conditions and the degree of danger are revealed, on the basis of which additional leave is granted.

In medical institutions, a special assessment of working conditions is carried out by the Federal Medical and Biological Agency of Russia. But the FMBA of Russia cannot issue an order to cancel additional leave, since even if dangerous and harmful working conditions for certain medical workers were not identified, in accordance with Art. 117 of the Labor Code of the Russian Federation, they still have the number of days of additional permission specified in the article.

Any medical personnel works in harmful and dangerous working conditions, therefore no one can deprive them of the right to at least 7 calendar days of additional leave.
The List approved by Resolution No. 482 lists all professions of medical workers. In addition, some positions and specialties have been added that are not entitled to 7 calendar days, but to longer additional leave. These positions and specialties of medical workers are presented above.

The employer is required by law to compensate for hazardous working conditions of the 3rd class and can introduce its own additional payments for the acceptable characteristics of the employee’s workplace. At the moment, SOUT supports the following gradation:

1st class of optimal working conditions - no compensation.

2nd class of permissible factors - mandatory compensation is not provided.

3rd class of hazardous work - there are mandatory compensations:

• for 1 subgroup – additional payments
• for subgroup 2 – additional payments and additional vacations
• for the 3rd subgroup – additional payments, vacations, shortened working week/day
• Subgroup 4 – additional leave, additional payment, shortened working hours

Hazard class 4 – additional payments, vacations, shortened working hours.

Only SOUT will determine whether a place of work belongs to a particular class and will allow you to receive compensation stipulated by law for occupational hazards in medicine.

Read about the degree of harmful working conditions in our

Compensation and payment systems for medical workers

It is necessary to distinguish between additional payments “for harmfulness” and payments for “specificity”. Compensation for harm to medical workers is paid strictly based on the results of the special assessment. The Labor Code provides for the following types of guarantees:

• additional payments to the employee’s basic salary in the amount of at least 4% of its value
• addition to the main vacation of at least 7 calendar days
• reduced working week of no more than 36 hours

Additional payments for dangerous and harmful factors in the workplace

The remuneration of health workers can be increased for work in harmful (grade 3) and dangerous (grade 4) working conditions according to the Special Labor Conditions, for performing duties in places with a special climate, for working at night, for maintaining state secrets. There is also a separate list of incentive payments for the intensity of work, its quality, and a certain length of service.

Additional leave for health workers for hazardous working conditions

Article of the Labor Code of the Russian Federation No. 117 regulates the rules for issuing additional leaves. If the workplace assessment classifies it as at least 3.2, the medical worker is entitled to additional leave. Previously, according to the industry list, all employees of medical institutions had the right to 6.12 or 18.30 or more working days in addition to the main leave. Now this norm is not legitimate.

Shortening the working week and working day

Medical workers with jobs of classes 3.3, 3.4, 4 according to SOUT and on the basis of Art. can work less than 40 hours per week. Labor Code of the Russian Federation No. 350 on the regulation of labor of medical workers. The legislation does not provide for other opportunities to reduce the working day and working week. This compensation must be specified in the contract and the SOUT card.

Other “harmful benefits” for doctors

Milk for harmful working conditions for medical workers, pension for length of service or for harmful work - all these are additional benefits for doctors. They are enshrined in Federal laws, for example, the long-service pension is regulated by document No. 400 on the insurance pension, Article 30, and the pension for harmfulness is determined by the rules of compensation based on the results of the special labor assessment at a specific enterprise and workplace.

Milk for being harmful to health workers who should

The distribution of milk or equivalent food products is carried out only if 3 factors are simultaneously observed:

• recording of a harmful action according to the list of order 45n dated February 16, 2009
• excess of a pathogenic parameter over the MPC standard according to the SOUT
• the duration of influence on the employee is at least ½ of the total shift

To receive compensation, benefits, guarantees, you need to justify your rights. This will require excellent knowledge of the laws and skills in validating hazards in the healthcare professional's workplace.

Compensation and guarantees for medical workers of combined professions

Medical institutions often use part-time workers. If the staff is not fully staffed, then a number of functions and responsibilities are assigned to the existing staff in the clinic. This form of cooperation under a contract is provided for by law and regulated by the provisions of Article 60.2 of the Labor Code. Different jobs may be subject to different levels of “harmfulness.” In this case, how to calculate and pay the due compensation for harm from medical workers?

The following options are possible:

• compensation is based on the employee’s main position, but not part-time: there are no difficulties with calculation, the amount is calculated only for the main position
• harmful factors affect the employee while performing additional duties: payment is due for shifts of more than 50%
• “harmfulness” exists both in the main place and in the additional one, but the degree of harm is different: a special calculation is required taking into account the time of exposure

It is worth paying attention to the fact that previously assigned compensation cannot simply be taken and canceled by decision of the HR department or management. There is a certain procedure for refusing payments for occupational hazards in medicine. Compensations that were put into effect based on certifications before the beginning of 2014 will remain until the period for which they were assigned expires.

New guarantees will be assigned to specific professions, positions and employees only after a special assessment of the actual working conditions of a medical worker. Any cancellation of privileges is possible only after a change in the degree of exposure to harmful and dangerous factors in the direction of their reduction, confirmed by the SOUT.

“Harmfulness” has become less common: changes in the assessment of risk factors

Harmful and dangerous conditions were first clearly legislated in December 2013 by Federal Law 426-FZ. He narrowed the circle of “harmfulness” in comparison with the interpretation of the previous automated workplace according to the following parameters:

• Biological and vibroacoustic factors

According to them, the range of jobs is significantly narrowed in comparison with previously used AWS parameters

• The influence of electromagnetic fields and the special microclimate of the open area

These factors are completely excluded from studies when assessing the level of harmfulness or danger of working conditions

• General illumination of the area and microclimate of the premises themselves

Both factors are preserved, but the range of their influence on the jobs subject to assessment is significantly reduced

• Pulsation factors and parameters of natural illumination of the workplace

These conditionally harmful factors at work, according to the new law since 2014, are not taken into account when assessing workplaces

• Characteristics of the labor process in terms of severity and tension

Now the range of such jobs for assessment is significantly limited, and the number of indicators to be considered has been reduced from 23 to 6.

As a result, after the transition from automated workplaces to SOUT, occupational hazards in medicine decreased, not due to a real improvement in working conditions, but due to the revision of standards and assessment methods. Experts predict that already in 2016-2017. jobs with “harmfulness and danger” will become rare in Russia, as will guarantees and compensation for medical workers. You can clarify the procedure for carrying out the SOUT and the interpretation of its results at a particular enterprise in the personnel department or a special division of the institution. This will allow you to know in advance whether you are entitled to compensation or special benefits when hired for a job with specific working conditions.

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Health care workers are increasingly angry about the new procedure for special assessment of working conditions (SOUT) (in force since 2014 - approx.) There are many complaints from workers in medical institutions that the assessment is carried out with numerous violations. As a result, doctors’ bonuses for being “harmful” are withdrawn and additional vacations are cancelled. The co-chairman of the trade union “Action” told Rus2Web about violations in the implementation of the SOUT procedure. Ekaterina Chatskaya.

The cancellation of additional vacations for doctors, as well as bonuses for “harmfulness” (we are talking about a four-stage system for assessing work according to the degree of harmfulness - approx.) due to the introduction of new standards for assessing working conditions, was another initiative of the authorities that outraged medical workers. Until 2014, the work of a doctor was assigned the third hazard class - harmful working conditions. However, due to the fact that the new SOUT procedure is carried out with numerous violations (it is carried out by special companies together with hospital management - approx.), this status is removed and assigned a second class - acceptable working conditions, although working conditions do not become safer or better.

In particular, for some reason the biological factor is not assessed anywhere. We work with dangerous liquids, with pathogens of various diseases, but no one pays attention to this. I also know of a case where the main criterion for the special assessment was the illumination of the hospital premises, during the day. There are often cases when the management of a medical institution does not even allow its employees to familiarize themselves with the results of the inspection. However, according to the regulations, after carrying out the special assessment, each hospital employee must read and sign the expert opinion. Nobody showed me this conclusion personally, although I made a written request. In my opinion, special assessments of working conditions are carried out in such a way as to specifically reduce the level of harmfulness. In the hospital where I work, even the radiologist’s bonuses for “harmfulness” were removed, and additional leave was canceled, although these are the doctors who constantly work with harmful radiation. The only good news is that the new assessment methodology has not yet been implemented in all hospitals. At the moment, approximately 50% of medical institutions have undergone the SOUT procedure.

As a result, despite the fact that doctors work under conditions of constant stress and heavy workload, they have only 28 days a year to rest. Until 2014, medical workers received an additional one to two weeks of vacation. Apparently, the authorities believe that 28 days is not enough for proper rest. The question of where the authorities are going to redirect the released funds also remains unanswered.

New conditions for special assessment of the “harmfulness” of work are prompting more and more doctors to resign. For their part, human rights activists from the Action trade union are preparing a letter to the Federal Service for Labor and Employment in the Russian Federation. With this letter we want to draw the attention of the authorities to this problem. In it, we ask you to check the legality of this assessment and how correctly it was carried out in each of the medical institutions. We may have to challenge the results of the examinations in court.

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