Types of annual additional leave - who is granted. Description of types of leave according to labor legislation

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 this vacation is provided for by federal law for specific specialties.

The law provides for additional rest periods for athletes and coaches, certain 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 employment 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. In the same way, there is no prohibition on dividing the entire allotted 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 issue leave in accordance with Article 117 of the Labor Code, the reason for granting 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 out by a personnel employee, and the back side is filled out by 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

The same rules apply to funds paid for additional leave as to 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 this 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.

One of the types of rest time for an employee who works under an employment contract is vacation (Article 107 of the Labor Code of the Russian Federation). Conventionally, vacations can be divided into the following types:

• annual basic paid holidays;
• annual additional paid leave;
• leave without pay.

Annual basic paid leave

In turn, annual basic paid leave can be divided into:

• vacation of standard duration - 28 calendar days (Article 115 of the Labor Code of the Russian Federation);
• extended vacation. Such leave is provided to certain categories of employees, for example, employees with disabilities. The duration of their annual basic paid leave cannot be less than 30 calendar days (Article 23 of Federal Law No. 181-FZ of November 24, 1995).

Annual basic paid leave is provided to employees in accordance with. In addition, the main leave can be provided with the consent of the employer not according to the schedule, and for some employees it must be provided at any time convenient for them (Article 123 of the Labor Code of the Russian Federation).

Annual additional paid leave

Certain categories of employees, in addition to the annual basic paid leave, are also entitled to an additional annual paid leave (Article 116 of the Labor Code of the Russian Federation). For example, such leave is entitled to employees working.

The duration of such leave depends on which specific category of workers the employee belongs to. For example, “harmful workers” are entitled to at least 7 calendar days of additional leave per year worked in harmful/dangerous conditions (Article 117 of the Labor Code of the Russian Federation). But employees working in the Far North are entitled to 24 calendar days of annual additional paid leave (Article 321 of the Labor Code of the Russian Federation).

Leave without pay

This type of leave can be granted to an employee:

• or in certain cases, without fail, at the request of the employee. For example, the employer must provide the employee with leave at his own expense in the event of the birth of a child (Article 128 of the Labor Code of the Russian Federation);
• or with the consent of the employer.

Also, speaking about unpaid leave provided to an employee without fail, it is worth noting that some of these leaves are provided to absolutely all employees in the event of the occurrence of certain events (for example, as we have already said, in the case of the birth of a child), and some - only to certain categories of workers (for example, disabled workers).

The duration of leave at your own expense depends on the specific situation and category of the employee wishing to take such leave. For example, upon the birth of a child, an employee is entitled to leave of up to 5 calendar days, and a disabled employee is entitled to 60 calendar days a year.

Details of unpaid leave can be found in.

Other types of holidays

In addition to the above types of leave, there is also maternity leave, as well as educational leave.

Maternity leave

The employer is obliged to provide a pregnant employee with maternity leave (Article 255 of the Labor Code of the Russian Federation). The standard duration of such leave is 140 calendar days: 70 calendar days before childbirth and 70 calendar days after childbirth.

You can read more about the duration of maternity leave in.

Study leave

As a general rule, if an employee combines work with study, then the employer must provide him with study leave, in particular, while taking exams (Articles 173-177 of the Labor Code of the Russian Federation).

Study leaves can be divided into:

• paid;
• unpaid.

Study leave is granted to an employee on the basis of his application and a letter of invitation from the educational institution where the employee receives knowledge.

The procedure for granting leave under the Labor Code in 2016

No changes were made to the Labor Code regarding the procedure for granting vacations in 2016. So, vacations are provided under the same conditions as before.

In this article we will look at the various types of vacations that are found in the Labor Code of the Russian Federation.

Chapter 19 of the said code is devoted to vacations and most of them are already listed there. We offer a summary that will allow you to classify vacations in a way that anyone can understand. For convenience, we offer a diagram, looking at which you can understand what belongs to what.

Click on the type of vacation you are interested in on the diagram and you will be taken to the description of this type of vacation.

Types of vacations

Paid holiday- This is a type of leave during which the employer pays the employee money, although no actual work is performed. Paid vacations can be divided into basic and additional. In addition, they can be divided into annual and one-time ones. Annual leaves are those that are due every year, such as annual paid leave. One-time - associated with some event, for example, maternity leave.

Basic annual paid leave- the most important type of leave that all employees are entitled to. The duration of annual paid leave is 28 calendar days. The first time such leave is due is already after half a year of work. In general, every employee is familiar with annual paid leave.

Basic extended paid leave- this is the same paid leave, but for a larger number of days (extended). The list of persons entitled to extended paid leave is determined by law. Main liver:

• disabled people (30 days)
• educators: teachers, lecturers (42 or 56 days, depending on the position)
• minors (31 days)
• candidates and doctors of science (36 or 48 days)

Additional paid leave— paid leave, which is provided to employees due to the nature of their work. This vacation is added to the main one, that is, it does not replace it, but increases it. The types of additional leave are discussed below.
Most often, these vacations are annual, that is, they can be classified as regular. Additional paid leave cannot be less than three calendar days per year.

Additional leave for harmful or dangerous working conditions- for “harmfulness” you are entitled to at least 7 calendar days of rest per year. The conditions are usually determined in a collective or labor agreement.

Additional leave for irregular working hours— for irregular working hours, three additional days of rest are provided.

Additional leave for work in the Far North and similar areas— there are certain regions in which an employee, simply because he works here, has the right to additional paid vacation days. For those who work in the Far North there should be at least 24 such days a year, and for those who work in similar areas - only 16 calendar days.

Educational paid leave— Study leave can be paid or unpaid. Study leave is paid for those who study part-time or part-time (part-time) education. The duration of the vacation depends on what exams are being taken: current, final, or writing a thesis.

Maternity leave (maternity leave)- this type of leave is not regular, but is provided only in case of pregnancy and only to women. The duration of the vacation starts from 140 days (70+70) in simple cases and ends with 194 days (84 +110). The woman is paid an allowance, which is why this leave can be considered paid.

Holiday to care for the child- This is a long vacation for up to three years. In this case, the woman is paid state benefits. In addition to the child’s mother, the person who actually cares for the child (for example, the father) can use the leave.

Unpaid leave is a vacation that is granted to an employee for a certain number of days, but is not paid by the employer. As a general rule, there are no restrictions on the duration of unpaid leave - the issue is resolved by agreement between the employee and the employer. However, there are cases when the employer is obliged to provide the employee with leave. These cases are presented below.

Unpaid leave for participants of the Great Patriotic War— such an employee can take leave at his own expense for up to 35 calendar days

Unpaid leave for pensioners— pensioners have the right to additional unpaid leave of 14 calendar days

Unpaid leave for parents and wives of fallen military personnel— wives and parents of military personnel killed as a result of their official duties have the right annually to 14 calendar days of unpaid leave

Unpaid leave for disabled people— employees who are disabled have the right to 60 calendar days of unpaid leave

Unpaid leave at the birth of a child- if a child is born to a family, the father has the right to take 5 calendar days of leave

Unpaid leave for a wedding- in the event of a wedding, the bride and groom (and only they!) have the right to 5 calendar days of vacation at their own expense

Unpaid leave death of a relative- in the event of the death of a close relative, the law gives the right to 5 calendar days of leave at one’s own expense

Unpaid leave for training— unpaid leave for study is provided to those who study full-time (full-time) education, as well as to those who take entrance tests to an educational institution. The deadlines depend on what the employee has to hand over.

Conclusion

It should be said that this section lists types of holidays according to the Labor Code of the Russian Federation. Vacations of state and municipal employees, military personnel, and police officers are not affected. Each of these areas has its own law, which contains information about vacations.

Types of leave according to Russian labor legislation: table

In conclusion, we provide a list of the holidays mentioned, as well as the legislative acts in which they are enshrined and the conditions for their provision.

How to get additional time off from work

An employee may receive additional release from work if he or she has compensatory time off for overtime. In production, this is possible for performing overtime work, for this reason you will have to do additional work during the working period in order to extend your vacation time.

Please note that this option must be agreed upon with the employer, in production - with the head of the workshop or section, so that the time of absence coincides with the work schedule and vacation time of other specialists who can replace you at the workplace.

In some cases, employees practice receiving sick leave. However, their presentation is currently strictly controlled at the legislative level. It is much easier for people with chronic illnesses or disabilities to obtain exemption from work. However, in this case, if you take frequent sick leave during a professional technical examination, you may be asked to register for disability or switch to an easier job.

To familiarize yourself in detail with the conditions for granting leave, we recommend using this list for more accurate consultation with a lawyer. An employment law specialist will be able to explain in detail the options regarding work release in your particular case.

Every person sooner or later gets a job, where, in addition to performing job duties, he also has the corresponding rights, incl. and the right to rest. There are several types of leave under Labor Law:

• Annual paid leave: the minimum number of days of rest in this case is 28.
• Annual additional paid leave. Educational ones also fall into this category.
• Leave at your own expense: its duration depends on the reason for which it is taken, and days not worked are not subject to payment.
• Maternity leave: the minimum number of days here is 140, and it can be increased for various circumstances.
• Parental leave: it is provided until the child turns 3 years old.

Thus, all vacations can be divided into two categories: mandatory and additional. The possibility of their use is regulated by Ch. 19 of the Labor Code of the Russian Federation, which indicates who is entitled to them, as well as their duration, priority, procedure for extension and transfer, replacement of paid leave with monetary compensation.

Annual basic paid leave

This type of leave is provided to all employees who have worked for the organization for 6 months or more. Its duration is 28 days, but there are certain categories of citizens who have the right to a longer rest:

• Disabled people: they are supposed to rest for 30 days.
• Employees of educational institutions: in this case, the duration of leave varies from 42 to 56 days, depending on the status of the university, secondary school or secondary school.
• Minor citizens: they rest for 31 days.
• State and municipal employees – 30 days.
• Rescuers and firefighters, depending on the category - from 30 to 40 days.
• Employees of the prosecutor's office or judicial apparatus - from 30 to 48 days.
• Candidates and Doctors of Science – 36 and 48 days, respectively.
• Citizens involved in working with dangerous chemicals and weapons - from 49 to 56 days, depending on the territorial location of their enterprise.

It is worth noting that annual paid leave can be divided into several parts, but each of them must be at least 14 days. You can receive monetary compensation instead of vacation only for that part that exceeds 28 days: for example, if an employee is entitled to 35 days, then 7 of them are compensated, and he must take the remaining 28 days off.

To receive leave, an employee must do the following:

• Write a statement in free form. It must contain full name. manager, the title of the document and the essence itself - a request for leave, and it is necessary to indicate the date of its start and end, as well as the type: regular paid.
• The application is provided to the manager, who puts his signature on it and submits it to the HR department to issue an Order for the provision of leave in the T-6 form.
• After the order is issued, the employee is accrued vacation pay and salary for the period worked.

Important! Regardless of the circumstances, the manager does not have the right to dismiss an employee who has gone on vacation. The only exceptions are cases of termination of the activities of an individual entrepreneur and termination of the activities of a legal entity.

Features of providing annual paid leave to part-time workers

In Art. 286 of the Labor Code of the Russian Federation establishes that all leaves from part-time work must be granted simultaneously with rest at the main place of work. If an employee has not worked part-time for half a year, then his leave is issued in advance, and in case of dismissal, the required amount is deducted from payments.

If a part-time worker in his second job is entitled to fewer vacation days than in his main job, he can, by agreement with his manager, receive several additional unpaid days so that the duration of rest in both places coincides.

Annual additional paid leave

The specifics of providing such types of leave are regulated by Art. 116 Labor Code of the Russian Federation. According to it, the following categories of employees are entitled to additional rest:

• Working in hazardous or hazardous industries.
• Workers with irregular work schedules, in the Far North or in areas similar in climate to it.

Also, such leave is divided into two types:

• Paid: the above citizens are entitled to it.
• Unpaid: for example, for those receiving a second higher education or those wishing to take a few days at their own expense.

The duration of additional leave is not limited by law, because in an organization, it can be established independently by managers and reflected in local regulations.

Leave without pay

Here it is worth highlighting separately the employees who are required to receive unpaid additional leave:

• WWII participants – up to 35 days a year.
• Employees who continue to work but are on old-age pension – up to 14 days.
• Close relatives of military personnel who died in the line of duty – up to 14 days.
• Working disabled people – up to 60 days.

In Art. 263 of the Labor Code of the Russian Federation stipulates that leaves without pay can also be provided for individuals caring for children:

• Raising two or more children under 14 years of age.
• Having a disabled minor child in their care.
• Single mothers raising a child under 14 years of age.
• Fathers supporting a child under 14 years of age without the participation of the mother.

All employees can take leave at their own expense for a period of 5 days, depending on the reason for which it is required:

• Birth of a child.
• Marriage registration.
• Death of a close relative.

The duration of such leave must in any case be agreed upon with the employer, and in order to obtain it, you need to take a few simple steps:

• To write an application. It indicates not only the manager’s details, but also the reason why the vacation is needed, as well as the desired dates. Categories of employees specified in Art. 128 of the Labor Code of the Russian Federation may not explain the reason, because They are provided with unpaid leave without fail.
• Wait for the Director to issue the Order. It is drawn up in form T-6 and signed by him, and after reading and signing the document, the employee can safely go on vacation. If this is not done, days absent from work may be considered absenteeism.

Maternity leave

Art. 255 of the Labor Code of the Russian Federation establishes the right to maternity leave. According to it, every woman can use it by providing a sick leave certificate issued at the antenatal clinic for a period of 30 weeks. If the pregnancy is multiple, then this document is issued at the 28th week. The duration of the vacation depends on several points:

• If pregnancy and childbirth proceed normally (without complications), then the employee is given 70 days before the expected date of birth of the child, and the same amount after.
• If the birth was complicated, the woman is entitled to 70 days before and 86 days after the birth of the child.
• In case of multiple pregnancy, girls receive 84 days before and 110 calendar days after childbirth.

During the entire vacation period, women are paid benefits from the Social Insurance Fund at the employer’s location, and if they worked part-time, they are entitled to double payments.

Study leave

The main basis for granting study leave is a summons certificate issued by an educational institution. This type of vacation can be either paid or unpaid - it all depends on the specific situation:

• Who is paid the average salary: full-time or part-time students at universities that have state accreditation; full-time or part-time students in secondary vocational education institutions; students studying in accredited institutions of primary vocational education; workers undergoing training in evening schools and colleges;
• To whom the payment of average earnings is not provided: full-time university students; full-time students of secondary vocational education; entering accredited educational institutions for the period of passing entrance examinations.

Other types of holidays

This may include parental leave, because... all other varieties are listed above. Both parents have the right to receive such leave, and it lasts until the child turns 3 years old.

Payment for such leave for the entire period is made from social insurance funds, and its entire duration is included in the total length of service and work experience in the specialty.

The procedure for granting leave under the Labor Code

From the above, it can be understood that the wording of an application for leave depends on the specific circumstances for which it is required. In general, the general procedure for providing it looks like this:

• The employee writes a statement 2 weeks before the expected start date of the vacation, then gives the document to the manager or HR department employee.
• The employer approves the application by putting his signature on it, then issues the corresponding Order, or assigns such a task to the personnel officer, after which he puts his signature on the document.
• An employee going on vacation reads the Order and signs it. Finally, vacation pay and wages for hours worked are paid.

When writing an application for vacation, you need to pay attention to several important details: it must indicate the date of departure for vacation, as well as the registration date and signature.