In what cases is additional paid leave provided? Additional leave – procedure for granting and registration. Is it possible to take additional leave at your own request?

Issues regarding the regulation of labor relations are topical for millions of workers in our homeland. Employees do not always know their rights and know how to defend them correctly. Therefore, it is very important to be interested in the laws governing labor Relations between a leader and a subordinate.

In this article we will talk about the duration of additional leave. What categories of workers are eligible to take advantage of this benefit? What is the duration of 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 leave.

Minimum rest period

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

Is the duration of additional leave determined by law? To put it briefly, no. However, according to the Labor Code of our homeland, the state has established the minimum duration of additional paid leave. Each category of preferential professions has its own.

We will review the minimum duration of annual additional leave below. Now let's find out what types of vacations 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 varies and they differ from each other.

The extended leave granted annually to certain categories of employees is fixed. Here are the preferential groups of workers it is provided to:

• Disabled people of any profile (the total amount of paid leave is thirty calendar days).
• Educators and teachers (42 days or 56 days, respectively).
• Workers who are under eighteen years of age (31 days).
• Civil or municipal employees (thirty days).
• Rescuers (in this situation, extended leave is calculated based on the length of service of a particular employee and can vary between thirty and forty days).
• Court and prosecutor's office employees (may also vary between 30 and 48 days).
• Workers 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 annual additional Extensive paid leave, the duration of which is so interesting to many of our compatriots?

What the law says

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

What are these preferential circumstances? First of all this:

• Work in harmful and even dangerous conditions.
• Labor of a special nature.
• A job that requires long hours.
• Labor in certain areas (the Far North and equivalent areas).

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

At the discretion of the employer

According to the second part of the article discussed above Labor Code Russian Federation, enterprises and organizations have the right to independently assign additional leave to their employees (the duration of which is also set by the manager). This is provided in case the law 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 regulations local organizations. Thanks to these documents, the employee enjoys special privileges that are not taken into account by Russian legislation.

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

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

Harmful working conditions

What professions fall into this preferential 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 open pits. It is not necessary that enterprises of this kind relate only to the coal industry. Workers in the shale and mining industries and some other industries National economy Additional days off may also be provided. This applies to those who are directly involved in production military equipment(defense 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 specialists working in the oil, gas or peat extraction or processing industry; to medical workers and laboratory assistants involved in the collection of biomaterial, in contact with HIV-infected patients, tuberculosis patients, or serving mentally ill people.

In addition, employees who take part in eliminating radiation contamination or who work in production with increased levels of radiation receive additional leave.

Hazardous conditions and rest period

What is the minimum duration of additional leave for the categories of workers mentioned above? Specialists working in conditions 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 the working conditions, as well as how often a person is in such circumstances at his workplace.

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

If we're talking about about liquidators of accidents in chemical production, 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 work

What professions fall into this specific category of beneficiaries entitled to additional paid leave? First of all, these are employees who carry out their job responsibilities in different government institutions. This category includes employees of courts, prosecutors' offices and penal institutions, as well as those people who, due to their competence, possess particularly important information or even state secrets.

Special conditions and vacation period

How to determine how many extra days off a person whose field of employment is closely related to the professions mentioned above can take?

It is important to know here that the provision of additional rest directly depends on the number of years continuously worked in a certain area. In some cases, this benefit is called additional annual leave for long service. The duration of additional days off depends on the length of service and 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 leave in the amount of 72 hours with experience from five to ten years, five days with experience from ten to fifteen years, ten days - the continuous period worked must be equal to 15- 25 years old, fifteen days - twenty years of experience or more.

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

What is the duration of additional leave for long service for employees of the Ministry of Emergency Situations? Extended vacations are possible with five to ten years of service (72 hours). If an employee of the Ministry has worked continuously for ten to fifteen years, then he is already entitled to five days of extra days off. Experience from fifteen to twenty years is assessed as ten days of preferential leave, and more than twenty years of faithful service will bring a valiant employee of the Ministry of Emergency Situations as much as fifteen days. 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

Workers in the healthcare sector are also entitled to additional leave. 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. When working in shifts, they have benefits for four additional calendar days.

Athletes and their coaches also have benefits regarding their primary leave. Their weekend may increase by at least four calendar days.

Irregular working hours and vacation periods

And what should workers do who, in accordance with the fulfillment of their official duties, do not have a fixed operating mode? 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 financial compensation for them.

Who deserves to receive this preferential leave?

To whom is it provided?

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

• In the Ministry of Justice, the right to additional preferential holidays is available to 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).
• Among employees of the Federal Compulsory Health Insurance Fund, the right to additional vacation days is granted to the director, deputy directors, managers (fourteen calendar days), advisers and consultants (twelve days), specialists, director’s secretaries, press secretary (ten days), drivers (six days ).

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

The Far North and equivalent territory

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

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

Other types of additional leave

These include the provision of paid time off from work if the employee receives education in state educational institutions on evening or part-time basis. Such leave is paid based on the average wages working student.

However, the duration of this period is quite limited. For example, according to Article 173 of the Labor Code of our country, employees studying in higher educational institutions have the right to receive forty calendar days for certification activities in the first and second courses or fifty days in the third and subsequent courses. Also, such employees are given four months to write final work, its defense, as well as passing state exams.

If the employee is studying in secondary vocational educational institutions state standard, then he is provided with paid additional days for passing certifications 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 studying at institutions whose accreditation corresponds to primary vocational education, additional days are provided throughout the year in the amount of thirty.

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

Important nuances when designing

What do you need to remember if you want to take advantage of the additional days off provided for 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 a long trip or just want to completely relax.

You should also know that if your planned weekend falls on a holiday, then you must also add the amount to a certain calculated period holidays.

An important point in registering additional holidays is that, according to the law, additional days off cannot be transferred to next year. That is, if this year you did not take the benefit days off you were entitled to, they will expire. Next year, you can only take the new grace period provided to you by law for personal rest.

Other types of paid leave

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

Moreover, an employee who is expecting a child has the right to paid leave. She is assigned maternity leave on the basis 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 childbirth or caesarean section). If an employee gives birth to two or more children, then her leave increases to 84 days before childbirth and 110 days after. A woman can also take advantage of the opportunity to take parental leave until the child reaches the age of three. In this case, the young mother is paid an allowance and is also retained workplace and position.

Unpaid leave. Who is it entitled to?

In short, days off without pay can be provided to everyone, according to their application and in the presence of certain valid reasons. The duration of this period is agreed upon by the employee and his supervisor.

• Age pensioners who continue to work (up to fourteen calendar days per year).
• Disabled people (up to sixty days).
• Mothers or fathers raising a child on their own.
• Large families, where all three or more children are minors.
• Close relatives of deceased military personnel (up to fourteen days a year).
• When good reason(marriage, divorce, death of a close relative, birth of a child, passing exams for admission to a university, and so on).

A few words in conclusion

As we 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 looked at 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 nuances that should be kept in mind when booking days off.

Vacation is time for rest, which is due every working citizen. This period may or may not be paid. At the same time, the first type of leave is paid at the expense of the employer to the extent provided for by Russian legislation.

Certain categories of citizens Additional paid leave may be provided. A person's right to rest is enshrined in the country's constitution. If the rules for granting or paying for leave are violated, the employer faces administrative liability.

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Legislative regulation

As mentioned above, the right to leave enshrined in the Constitution of the Russian Federation, namely in paragraph 5 of article 37. In addition, this provision is regulated by Labor legislation, specifically Chapter 19.

The fact that a person is entitled to annual leave is stated in Labor Code 1 part. Provisions on the correct calculation of vacation can be found in Article 115. Article 267 states that certain categories of employees have the right to a longer vacation period. This applies primarily minor citizens.

Article 267. Annual basic paid leave for employees under the age of eighteen

Annual basic paid leave for employees under the age of eighteen is provided for a duration of 31 calendar days at a time convenient for them.

In addition to the main vacation, an officially employed employee can count on an additional paid period, if he falls into a special category. All rules and regulations on this issue can be seen in Article 116 of the Labor Code of the Russian Federation. Here you can also find information about what extras are. vacation basically.

Additional Information for each category of citizens, who can count on another vacation period a year, is contained in articles, , , and.

Who is it entitled to?

By law, every working citizen can count on 28 paid days of vacation. This applies to everyone who is not in a special category. Representatives of certain professions and those who live in areas with difficult weather conditions are entitled to additional leave. This is provided for by Article 116 of the Labor Legislation of the Russian Federation.

It is worth noting that there are several types of OD (this is how additional paid leave is indicated in the accounting report card).

This may be a paid period that is provided by law and one that is established by the employer. In both cases, all information about additional leave must be fixed in the collective agreement.

Every employee must read this document before starting your work duties. Special conditions for additional leave, which are provided by the employer, can be stipulated not only in the collective agreement, but also in local regulations.

It is important to take into account that in the case when an employee is entitled not only to the main, but also to an additional vacation period, they can be summed up.

Thus, the duration of paid vacation for an employee from a special category will be longer than for others.

It is also worth noting that vacation in this case can be provided to the employee in parts, if that is his desire. However, the duration of one period must be at least 14 days. This is stated in Article 125 of the Labor Code.

All basic information that directly relates to additional leave is contained in Article 116 of the country’s Labor Legislation. It also says here that who is entitled to additional paid days off.

First of all, this includes:

• workers who work in hazardous work or work with hazardous substances;
• persons having special nature of the profession;
• people who work different number of hours per day, that is, they have .

Separately, it is worth mentioning those Russian citizens who work and live in the Far North. They have the opportunity to receive various benefits, including longer vacations. The list of areas that belong to the Far North and equivalent areas was approved back in 67 of the last century.

Now the provisions for workers in the Far North are regulated by Articles 321 and 322. It is worth noting that additional leave is provided not only to those employees who permanently live in areas with difficult weather conditions, but also to shift workers.

Law for employees who work on a rotational basis, similar, as well as for local residents.

Russian Labor legislation provides for additional vacation days for other categories of citizens. We are talking about some professions:

1. Additional vacation time can be obtained athletes and people involved in coaching. At the same time, for this category, at least 4 additional calendar days of vacation are provided, paid at the expense of the employer. The duration of the vacation period, as well as all the nuances associated with this issue, are prescribed in both the collective agreement and local acts.
2. In addition to athletes, they can also receive additional leave health workers.
3. Special mention should also be made teachers. Workers educational institutions special vacation periods are provided. In this situation, a longer vacation period is provided for summer time. However, teachers are also entitled to additional leave of up to 1 year. You can take it after 10 years continuous operation . We are talking specifically about teaching work. All the nuances associated with long-term additional leave for employees of educational institutions are spelled out in Article 335 of the Labor Code.

Russian legislation provides for additional vacation periods not only due to harmful or special working and living conditions. They can also be motivating.

Therefore, those who have extensive work experience in a specific organization or in a specific position.

Minimum length of work experience to receive additional vacation period depends on the characteristics of the employee’s profession and place of work. This issue is regulated by Russian Labor legislation and enterprise regulations.

Types of additional vacations

The type of leave directly depends on the category of employees to whom it is granted.

For employees of hazardous enterprises

People who sacrifice their health for work on dangerous and hazardous work , can count on various benefits that are not available to ordinary employees. These advantages include, among other things, the opportunity to get a longer vacation period by using additional vacation.

Labor legislation, namely Article 117, states that employees engaged in hazardous work or in contact with hazardous substances are entitled to an annual additional salary. vacation.

These include:

• mining and underground work;
• activities in quarries and places with increased background radiation;
• work with chemical, physical and biological factors that have a negative impact on health.

For representatives dangerous professions and those who work in hazardous enterprises are provided additional 7 days to the standard vacation period. The duration of this time can be increased if this is provided for by the internal regulations of the enterprise or a collective agreement.

Enterprises and working conditions will only be included in this category if this is documented. To obtain certain papers workplaces are inspected and certified by a special commission.

It may happen that after the next certification, some employees may lose additional benefits. vacation. In that case they will receive official notification:

Example notification (clickable):

For special working conditions

Additional is defined similarly. leave for work of a special nature. Employees of complex professions have the right to receive several calendar days of vacation in excess of the required 28.

The list of works from this category is approved by the Government of the country. The full list can be found in Article 118 of the Labor Law. In particular, this category includes some healthcare professionals, such as nurses, general practitioners and family doctors.

At the same time, the employee must have At least 3 years of experience in medicine. The special nature of the work is considered for employees of territorial authorities in the Republic of Chechnya. This also applies to those who work in the area on business trips.

Such works include those that associated with vehicles. Drivers who have to spend a lot of time behind the wheel without rest may have a special nature of work activity.

In this case, the employee irregular working hours, since the regime is constantly changing. The rules for granting leave for transport employees are prescribed in Article 2, Part 100 of the Labor Legislation.

For an irregular day

It is not always possible for drivers to create a normal work schedule where there will be enough time for work and rest. But there are many other professions where the situation is similar. This category of employees has the right to additional leave, since they have There is no clear working day standard.

This concept means that an employee can be called upon to perform certain job duties at any time, since it is not possible to complete them according to schedule.

Such actions may be episodic or permanent. The issue of irregular working hours is regulated by Article 101 of the Labor Code.

The number of professions and positions that are classified in this category may include various options. At the same time, this question in advance stipulated and reflected in the collective agreement. Such information can be recorded in employment contract and local regulations.

When choosing positions with irregular working hours, take into account opinion of representatives of the local Trade Union.

The duration of the additional vacation period for representatives of this category of employees should be minimum 3 calendar days. But often the collective agreement provides for a longer period.

The maximum in this situation is already regulated at the legislative level. For employees who work irregular hours, additional leave cannot be more than 14 days.

No additional wage payments are provided for this category of employees. Time spent performing work duties beyond normal limits will be compensated by a long vacation.

For workers in the Far North

Considering that people who live in such areas put their health at great risk, they are entitled various compensations. Additional vacation period is one of them.

Labor legislation states that for employees of enterprises located in the Far North, additional leave of 24 days is due. If we are talking about territories with difficult climatic conditions, then there is a vacation period extended by 16 calendar days.

This rule applies to all workers, regardless of the danger of the enterprise and position. Moreover, add. Employees who work in the Far North can also receive leave on a rotational basis.

Workers in this category can combine several vacations. However, Article 322 introduces some restrictions, therefore Vacations can be combined for no more than 2 years, and its total duration should be no more than 6 months.

For part-timers

The features of OA (paid additional leave) in this case are related to the time of its provision. According to the law, those persons who work part-time have the right to receive paid leave simultaneously from several jobs.

If by this time an employee in one of the places has not yet worked for the required six months, he may be given a period of rest in advance. This applies to both main and additional vacation time.

The total duration of leave for part-time workers is calculated on a general basis, that is, separately for each category and position.

For Chernobyl survivors

Those categories of citizens who took part in eliminating the consequences of a terrible accident are entitled by law to additional vacation pay. Often such workers do not know how many days they are entitled to and who pays for this leave.

Requires 14 days, which are paid at the expense of the employer. They can be added to the main vacation or compensated separately.

For combat veterans

As for this category of citizens, then Extra time a vacation of 15 days is entitled to only to those who are undergoing military service by conscription or contract. This is stated in paragraph 5.1 of Art. 11 of the Law of May 27, 1998 No. 76-FZ. Additionally, once a combat veteran is separated from service, he is no longer eligible for this benefit.

Federal Law “On the Status of Military Personnel” dated May 27, 1998 N 76-FZ

5.1. Military veterans of combat operations specified in the Federal Law “On Veterans” (as amended by Federal Law No. 40-FZ of January 2, 2000) are granted leave of 15 days.
(clause 5.1 introduced by Federal Law dated July 26, 2001 N 105-FZ, as amended by Federal Law dated December 4, 2006 N 203-FZ)

For length of service

If the employee works for a long time in one place or in one position, he may be entitled to an additional paid vacation period. At the same time, everything depends on the type of activity of the citizen.

They receive additional benefits for length of service. vacations for military personnel, employees of the Ministry of Internal Affairs, municipal employees (civil servants), etc. For the latter, the OA period can be no more than 10 days. Wherein, One day of vacation is accrued for each year.

For occupational diseases

If an employee diagnosed with a disease he received at work, the employer is obliged to provide him with funds for sanatorium treatment. At the same time, not only vouchers are issued, but travel to the place of stay is also paid.

All time spent by an employee in a sanatorium is considered additional leave.

Without payment

For some categories of citizens, Labor legislation does not provide for compensated leave in addition to the basic leave guaranteed by the Constitution. However, these employees can receive extra if desired. vacation without pay, that is, .

The duration of unpaid leave is:

• For working pensioners– 2 calendar weeks (old age);
• For participants of military operations and labor veterans 35 days are provided;
• disabled people 60 calendar days are required;
• parents and spouses of fallen military personnel- 14 days.

This vacation period is an employee can take it at any time suitable for him. In addition, unpaid additional leave can be waived.

Submission procedure

All required vacation periods for the employee has the right to take every year. At the same time, the right to receive the first main leave arises already 6 months after official employment.

To avoid confusion with vacation periods, the company always draws up a schedule that is valid for the entire calendar year. If necessary, it changes can be made.

Watch detailed video about the vacation schedule:

An employee who is entitled to additional paid leave has the right to combine it with the main one. You can divide the days, but only according to certain rules. It is important that each part of the vacation was at least 14 days.

In rare cases, an employee may be given leave in advance. This may be due to various situations, including by special agreement with the employer, but most often this method is used by part-time workers who want to take vacation at the same time from several jobs.

Features of the advance method:

1. if we are talking about an employee who works on an irregular schedule, advance days are provided to him without problems at any time, even if he worked for less than six months.
2. for those who work in hazardous enterprises, prerequisite to receive such a vacation period will be work activity at least 11 months.

By law, ML is a component of annual leave, therefore it is subject to all conditions of provision and payment. For example, a boss cannot demand the cancellation of vacation for an employee. Moreover, if necessary You can transfer unused time to a later date.

However, it must still be the same calendar year. Otherwise, you will not be able to use the additional vacation period. If the employee does not want to use additional vacation this year, you can get for it.

This is also taken into account upon dismissal, where the employee may receive additional payments. If the additional leave was issued in advance, the accounting department must withhold the required amount from the dismissed person.

How is it reflected in the documents?

Considering that this period is part of the annual rest period paid by the employer, it is recorded in all papers, just like the main vacation. Thus, HR department employees must enter data into the vacation schedule and time sheet for work permits. The data is also reflected in the employee’s personal card.

The first thing an employee must do is write an application for additional leave, for example, as in the sample:

To provide leave, a order on the unified form T-6. This document comes with a special note indicating the amount of payments for vacation and additional compensation that the employee is entitled to.

Example of an order (clickable):

All papers must be completed quickly, since The employee receives vacation pay no later than on the 3rd day of vacation. Delay in payment is considered a gross violation.

The personal card must contain data on the number of vacation days, the period worked and the basis for going on vacation. In the working time sheet additional. vacation reflected by the digital code 10 or the letters OD.

Vacation pay calculation

The Labor Code regulates how additional leave is calculated, whether it can be divided into parts, and also what is the duration of such rest. Vacation pay must also be calculated in accordance with the law.

In this case the situation is absolutely identical to standard holiday calculations. Therefore, it is worth relying on the Labor Code in order to correctly calculate the duration and payment of the additional vacation period.

The employer, HR employee and accountant should pay attention to the fact that all Public holidays are not vacation days. They are not paid, but are transferred to the post-vacation period. That is, if during the employee’s entire vacation period there are several official holidays, they will be postponed, that is, the employee will have a longer rest.

As for the weekend, that's it counted as usual. No transfer is carried out and payment is made in the manner prescribed by Russian legislation.

For calculation it is used standard scheme:

1. First, the accountant needs to calculate average pay per day this year.
2. Then this number multiplied by the number of days on holiday.

This includes both the main and additional periods. It must be remembered that from the amount received you should make a tax deduction and make payments to all necessary funds, which is provided for by Russian legislation.

If desired, or if work circumstances do not allow going on vacation this year, the employee has the opportunity to receive compensation for this period. Wherein, Additional vacation days cannot be transferred to the next year.

Labor legislation also contains some nuances that relate to this issue.

Considering that this period cannot be postponed either, they have no choice but to take time off. This category includes pregnant women and employees of hazardous enterprises.

If the employee has a legal right to additional paid vacation days, the employer has no right to prevent them from receiving them.

Failure to pay compensation for the additional period will be a serious offense for which you can be punished by a fine, which provided for in Article 5.27 of the Code of Administrative Offenses.

If an employer repeatedly violates the rules for providing additional leave, he may be disqualified for 3 years.

Annual additional paid leaveprovided to employees employed in certain areas, as well as those working in special regimes, in the form of compensation for unfavorable or difficult working conditions. In this article we will talk about which employees the current legislation guarantees such leave.

Legislation on annual additional paid leave

The employer has the right, and in some cases the obligation, to provide its employees with additional annual paid leave.

We will talk in detail about which categories of employees can count on additional days of vacation a little later. But let’s talk about the employer’s right to provide additional rest right now.

Part 2 art. 116 of the Labor Code of the Russian Federation states that the employer is given the right, at its own discretion, to provide its employees with annual additional paid leave. The provision for additional rest must be reflected in the collective agreement or other local regulations. It should also be said that if the company has a trade union body, it must also be involved in deciding the issue of introducing additional annual paid leave at the enterprise.

Additional vacation days may be granted by decision of the employer (we are talking about cases where they are not mandatory) to all categories of employees, regardless of their positions or duties.

Payment of annual additional paid leave is made in the same manner as regular regular leave, that is, based on the average level of the employee’s salary. In addition, if you are not going to take additional vacation, you can write an application for compensation for unused vacation days.

Additional paid leave may be provided:

• in kind (in the form of non-working days);
• in the form of compensation (payment of a sum of money).

Who is entitled to additional annual paid leave?

Russian legislation establishes a list of positions (specialties) that give the right to annual additional paid leave. We are talking about the following categories of workers:

1. Employees, job responsibilities which are associated with a risk to life, as well as increased psychophysical stress: military personnel, astronauts, investigators, prosecutors, judges, employees of internal affairs bodies, air traffic controllers, employees of bodies responsible for control over the trafficking of narcotics and psychotropic drugs, employees customs services, as well as rescuers.
2. Construction workers: provided that they are engaged in the construction and major repairs of underground structures, including mines.
3. Persons engaged in mining operations, including shale, coal, salt, ore and non-metallic minerals, as well as workers involved in their transportation; nuclear energy specialists.
4. Citizens employed in the metallurgical industry.
5. Electricity industry workers.
6. Civil and municipal employees.
7. In the field of sports and healthcare: healthcare workers, coaches, professional athletes, as well as donors.
8. Civilian population: persons exposed to radiation contamination; citizens working in the Far North and areas equivalent to it; employees whose working hours are irregular, and whose working conditions are classified as harmful and dangerous (subject to the presence of a conclusion from an organization providing services for special assessment working conditions).

On additional days to vacation for employees with harmful and dangerous working conditions, irregular working hours

Despite the extensive list, in practice, most often those citizens whose working conditions are harmful and dangerous or are associated with irregular working hours can count on additional paid leave. Let us dwell on these categories of workers in more detail.

• If we talk about employees whose working day is irregular, then their right to additional rest should be reflected in the company’s local regulations. In most cases - in a collective agreement or internal rules labor regulations. This condition is also stipulated in the employment contract concluded with an employee who can be involved in work beyond the established hours. In situations of this kind, he is entitled to additional leave of at least 3 calendar days (which meets the requirements of Article 119 of the Labor Code of the Russian Federation).

It is important to emphasize here that the employer is given the right by law to establish the minimum duration of additional rest, while the actual number of days is determined taking into account the nuances of the job duties assigned to the employee.

• If we talk about workers employed in harmful or dangerous industries(that is, their activities contain a dangerous factor: physical, biological, chemical or other), then they will be provided with additional rest based on a special assessment of working conditions. Let us say right away that all these persons are prohibited from replacing additional days of rest with monetary compensation.

You can count on additional rest, which is provided for work in dangerous and harmful conditions, only after 11 months. If the employee goes on another vacation earlier specified period, then the additional days are proportionally adjusted to the hours worked.

It must be taken into account that additional vacations are combined with regular vacations, and when the next vacation is taken in advance for this year, then additional leave in full can be provided only by agreement with management.

If we are talking about employees employed in hazardous and hazardous industries, who can count on additional vacations for several reasons, then they can use only 1 option for providing additional days of rest.

It is also important to say that in cases where an employee carries out activities in Russian regions, in which, due to climatic features an increased basic paid leave is established, additional days of rest are added to the main vacation, regardless of its duration.

For which categories of employees additional leave cannot be replaced by monetary compensation?

There are categories of persons, in addition to those employed in jobs with harmful and dangerous working conditions, for whom additional leave cannot be replaced by monetary compensation. These include:

• exposed to radiation contamination during the liquidation of the Chernobyl disaster;
• pregnant women;
• citizens under 18 years of age;
• workers customs authorities.

Legislation in force in the field certain activities, an increased duration of additional vacations can be established separately. Examples of this include the forestry industry, sports and tourism.

According to the mentioned list of professions, the total number of days of additional rest should be calculated in working days, and the Labor Code of the Russian Federation proposes to calculate the next vacation in calendar days. How to calculate an employee's total vacation time? Full vacation days are counted according to this scheme: their total number will be equal to the sum of the duration of the main vacation (counted in calendar days) and additional (working days with a 6-day working week), the date on which the vacation starts falls is also taken into account.

Important! When calculating the total number of vacation days, we must not forget that non-working days and holidays are not included in its duration.

Compensation for additional leave

As mentioned above, employees who are entitled to additional vacations have the right to take them in “kind” form, or replace real vacations with compensation in cash equivalent (except for the cases already mentioned earlier). To receive compensation, it is enough to write an application addressed to the head of the enterprise.

It should be noted that receiving monetary compensation possibly until the next (main) paid leave is granted.

Duration of the next vacation, according to labor legislation, should not be less than 28 calendar days, regardless of the availability of rights to paid additional leave.

Sample applications for additional leave and compensation

So, as already mentioned, in order to receive additional days of rest or compensation for them, it is enough to submit an application addressed to the manager. His sample looks like this:

Don't know your rights?

Every employee knows that he has the right to annual paid basic leave. But not everyone knows that in addition to the main one, there are additional paid holidays.

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Who is entitled to such leave, and what is its duration? What do you need to know to exercise your right to additional rest? This article will help answer all questions.

Normative base

Regulatory regulation of the issues of granting additional leave is carried out both in a general mandatory manner on the basis of the provisions of the Labor Code of the Russian Federation, and by the norms of specialized documents.

The latter include the following:

• Decree of the Government of the Russian Federation of 2010 No. 258, regulating the provision of additional leave for employees of our country’s representative offices abroad.
• Law on the status of judges.
• Federal Law on Civil Service.
• Federal Law on the Investigative Committee.
• Law on social protection of citizens exposed to radiation (Chernobyl Nuclear Power Plant) (No. 1244-1).
• Law of the Russian Federation No. 4520-1, providing compensation to citizens living and
  working in the Far North.

The texts of these documents can be downloaded on our website:

Types of vacations

Annual paid additional leave can be divided into 2 types:

• legally established, i.e. which the employer is obliged to provide;
• additional leaves established in the organization itself, i.e. Those who
  the employer has the right to provide.

Let's look at them.

Legislated

Article 116 of the Labor Code provides for the possibility of receiving additional rest:

• persons whose work is carried out in hazardous working conditions;
• for the special nature of the work;
• for working irregular hours;
• for work in the Far North.

Another mention of additional leave, but for athletes and coaches, is contained in the Labor Code in Article 348.

In addition to the Labor Code, other laws and regulations establish additional leaves for workers in various fields.

For example, employees of representative offices of the Russian Federation have the right to additional leave in accordance with the Decree of the Government of the Russian Federation. Judges, prosecutors, customs officials, the Investigative Committee, as well as state and municipal employees have a similar right. A fairly large (two-week) vacation is provided to citizens who suffered as a result of exposure to radiation (Chernobyl Nuclear Power Plant and Semipalatinsk test site).

The documents were presented above.

Provided at the initiative of the employer

They are established based on the financial capabilities of the enterprise and are enshrined in local regulations.

Conditions and procedure for provision

Duration

The Labor Code of the Russian Federation and other laws establish the minimum duration of additional leave.

At the same time, the employer has the right to increase the duration of rest by enshrining such a decision in a local act.

Let's look at the duration of the most common types of vacations.

What documents are required?

Order

All types of vacations are issued by order of the head of the organization. Usually,
enjoy unified form No. T-6.

The order contains the following information:

• number and date of compilation;
• personnel number, full name and the position of the employee “going on vacation”;
• name of the structural unit;
• period of work for which leave is granted.

The order form contains three sections:

• Section “A”, where information about the main leave is filled in (start dates and
  endings, duration).
• Section "B", containing similar information, but about additional
  vacations.
• Section “B” (mandatory), which indicates the total number of days of all vacations and dates.

If additional leave is granted simultaneously with the main one, then all three sections will be filled out in the order.

If the employee requests only additional leave, sections B and C are filled out.

Note-calculation

The calculation note (form T-60) must be filled out when providing any types of paid leave, because necessary for calculating wages and “vacation pay”, which, according to the Labor Code, are paid to the employee three days before the vacation.

The first sheet of the calculation note is filled out by the personnel officer and contains information about vacations similar to that given in the order. The second sheet of the note is used by the accountant to enter the amounts of accruals and deductions, as well as the final amount to be paid.

Employee personal card

Required to be completed by HR employee. The card contains information on all vacations for all periods of work.

What must be provided to the employee?

As a rule, the employee writes an application for additional leave.

However, if the employee, against signature and on time (two weeks before the start of the vacation), is familiarized with the document, which included additional vacation, then there is no need to write an application.

Personnel nuances

Additional paid leave is provided in calendar days and in most cases is not legally limited by an upper limit.

Failure to provide additional leave (if required in accordance with the law or documents of the organization) for 2 years is a violation of the norms labor law, for which the employer may be held administratively liable.

The duration of annual leave is the sum of the days of the main and all additional leaves and is expressed in calendar days.

Calculation features

How to calculate vacation days?

An employee of the enterprise wrote an application to be granted leave starting from June 15, 2015, consisting of a main leave of 28 calendar days and an additional leave of 9 working days. The application is drawn up correctly, but the HR employee will have to bring the periods indicated in it to a “single whole”, i.e. find the total number of rest days (namely calendar days).

The calculation can be divided into several stages:

• We will count 28 calendar days starting from the start date of the vacation indicated in the application. We get the period from 06/15/2015 to 07/12/2015.
• From the next day, i.e. from July 13, 2015, we count nine additional working days using a six-day week (this rule was established by a letter from the Russian Ministry of Labor). We get the interval from 07/13/2015 to 07/22/2015.
• The entire vacation, therefore, will be the period from June 15. until July 22, 2015. The number of calendar days is 38.

Questions often arise whether to count some established by law additional days of rest on vacation. So, an employee of the organization applied to the personnel service with an application for 1 day of leave due to the fact that he is a donor.

The employee was given this day, but not as a vacation, but as an additional day off. This interpretation does not contradict Article 186 of the Labor Code of the Russian Federation.

The specified day can, at the request of the employee, be added to the vacation or “taken” at any convenient time, but the main thing is to have time to “take the day off” within a year from the moment of blood donation.

How is it calculated?

Vacation pay is calculated based on average earnings. In this case, the average salary is calculated for the one-year period preceding the vacation.

If the employee did not work during this period, then it is necessary to take the previous time for calculation. If even then the employee did not work, then the average earnings are calculated based on the amount of salary accrued in the month when he goes on vacation.

The calculation of vacation pay includes all payments, with the exception of those that are not directly related to wages (for example, payment for employee training or financial assistance provided).

Legislation or an employment contract may provide for the provision of additional rest to a working person, the entire period of which is paid for by the administration of the business entity. It is provided along with the main rest time as a continuation of it or, at the request of the employee, during the period specified by him separately.

According to the Labor Code of the Russian Federation, additional paid leave is granted to company employees in the following cases:

• When they work long hours.
• When, according to a special assessment of conditions, the employee’s place of work was found to be exposed to hazardous and harmful factors.
• When an employee’s work is assigned a special character.
• When the job duties performed relate to work in the Far North and equivalent territories.
• When is this vacation provided? federal law for specific specialties.

The law provides for additional rest periods for athletes and coaches, some categories of teachers and medical workers, combatants, etc.

Also, at its discretion, the company administration has the right to provide additional paid rest time to its employees if this condition is included in their labor contracts. The possibility of taking additional leave may be provided for in a collective agreement. When making a decision on this, the company’s management takes into account its financial capabilities, the nature of the enterprise’s work, and the opinion of the trade union.

At the discretion of the employee, instead of additional leave, he may be paid monetary compensation. Replacement cannot be made for certain categories of employees, which include pregnant employees, persons under 18 years of age, and those working in harmful and dangerous working conditions, with the exception of additional leaves of more than 7 days.

Types of additional leave

Additional vacations are allocated in accordance with the law and by decision of the company administration.

Additional leave for working pensioners

This category of employees may additionally be granted vacation time if this right is provided for by a collective agreement or internal regulations.

Or a retired employee is subject to irregular working hours, regions of the Far North and other conditions for providing such rest time in accordance with the law.

The Labor Code of the Russian Federation for pensioners, in addition, provides for the opportunity to take leave without pay for 14 days, which, however, is not paid.

Additional leave for hazardous working conditions 2017

Additional vacation in advance

Any of the additional leaves, the duration of which is strictly fixed in local regulations, can be provided to the employee in advance.

At the same time, the duration of leave for work in hazardous conditions is calculated in proportion to the number of days he was in them. Thus, no matter how many additional days he has worked by the time he takes leave, that is how many he is entitled to. This means that this kind of leave cannot be provided in advance.

Is it possible to combine main and additional vacations?

There is no direct prohibition in the legislation on combining vacations of different types. Just like there is no prohibition on separating everything due vacation into several parts.

However, in the latter case several conditions must be met:

• The division must be agreed upon by the parties.
• At least one part must be at least 14 days.

This means that if an employee is entitled to basic leave - 28 days and additional leave - 10 days (38 days in total), then he must take at least 14 days in its entirety, and the remaining 24 days he can divide into fragments convenient for him or take time off at once.

How to apply for additional leave

Leave Notice

Despite the fact that in many respects additional leave is issued and taken into account in the same manner as, it must still appear separately in all documents. This applies to the notification procedure for upcoming leave. If additional leave is issued together with the main one, then information about both leaves can be included in one document. Otherwise, a separate one is compiled.

There is no standard form for this; each company can develop it itself. But the notification must necessarily contain an indication of the additional leave, its duration, start and end dates. It is necessary to provide a column where the employee will sign as confirmation of familiarization.

Notice must be provided at least 2 weeks in advance. If this was done later or not done at all, the employee has the right to postpone the start date of the vacation.

Application for leave

Writing a statement is mandatory if an employee takes leave on a date other than that stated in the schedule. Otherwise, it may not be compiled. However, the practice of writing such a statement is still mandatory in many companies.

There is no standard document form, but many companies have specially designed templates in which you need to write your data.

The narrative part must contain a request to apply for leave in accordance with Article 117 of the Labor Code, the reason for providing additional leave and its duration.

Creating a vacation order

To compile, you can use the standard T-6 form or develop your own, but using the required details.

To account for additional leave, section “B” is used, where its name, duration and period are recorded. If the order is drawn up for both vacations at once (main and additional), then in section “B” the number of days and period are summed up.

The document is signed by the head of the company, and the employee puts a mark on familiarization in a special box. Then the order is registered in the enterprise registration book.

Drawing up a note-calculation

Additional leave is also paid, so to calculate the amount you need to calculate. It has two sides, the front one is filled personnel worker, and the reverse - an accountant.

The calculation principle is similar to the main holiday.

The document must indicate the details of the cash or bank document according to which the funds were subsequently paid.

Vacation pay

On cash, paid for additional leave, the same rules apply as those calculated for the main one. This means that their payment must be made no later than 3 days before the start of the vacation.

However, according to the new amendments, if the application was submitted in less than 3 days, then given period is counted from the date of filing.

Payment can be made either in cash or by transfer to a bank account or card.

Reflection in a personal card

Information about vacation must be included in section VIII “Vacation” of the document. In this case, you need to write it down on a separate line, counting the corresponding number of days.

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