For a working citizen whose relationship with the employer is fixed employment contract, there are legally guaranteed rights prescribed in the Labor Code of the Russian Federation and the Constitution. One of the fundamental guarantees of the state for officially employed people is the right to rest.

This right is exercised in the form of vacations - time free from functional employment on weekdays, granted for a certain period. Labor Code The Russian Federation provides several varieties of this form of recreation, each of which has its own characteristics in provision, registration and payment. We will talk about them in this article.

3 main types of leave according to the Labor Code

Russian legislation provides for several possibilities for temporary release from the obligation to work for a given period. Types of leave are classified according to frequency, purpose of provision and payment nuances:

Annual holidays:
- basic;
- additional.
Unpaid or paid in in some cases holidays:
- at your own expense;
- training;
- followed by dismissal.
Leaves related to maternity:
- for pregnancy and childbirth;
- child care.

Let's look at each type in more detail.

Annual holiday guarantee

During the working year, calculated not from January 1, but from the date of conclusion of the employment contract, employees can go on vacation - main and/or, under certain conditions, additional.

Basic paid leave

Clause 5 Art. 37 Basic Law Russian Federation guarantees citizens who have entered into employment contracts with an employer the right to annual paid rest - the so-called basic leave.

Absolutely all employees have the right to leave once a year with retention of their position and full pay for their time. Its minimum duration is 28 calendar days, some categories are entitled to a longer vacation:

disabled employees – 30 days;
teaching staff - 42 or 56 days;
for employed minors – 31 days;
municipal employees – 30 days;
rescue workers – 30-40 days;
judges and prosecutors – 30-48 days;
having a scientific title – 36-48 days;
other categories.

The right to provide such leave in the first year of work begins after 6 months of employment, but by agreement between management and the employee, rest can be obtained in advance.

This type of vacation is not provided spontaneously: at the beginning of the year, a vacation schedule is approved, in which each employee signs his/her acquaintance. Based on this document, the manager issues a Leave Order.

At the request of the employee, the main leave may be divided into several parts, one of which should not be shorter than two full weeks.

Payment of basic annual leave is made on the basis of calculated average earnings. If the vacation was not used and the employee quits, he is entitled to monetary compensation for the “non-vacation” days. Missing vacation for more than two years in a row is prohibited.

Additional annual leave

This type of recreation can be added to the main one or taken separately. It is not applicable to all employees, but only to certain categories presented in Art. 116-119 of the Labor Code of the Russian Federation as compensation for certain working conditions and social guarantees. Such employees include workers in the Far North, specialists working in harmful and dangerous conditions, people whose working hours are irregular, those with many years of work experience, etc.

PLEASE NOTE! In the collective agreement or other internal regulations, the organization itself may provide for the procedure for providing additional leave, even if this is not provided for in the legislation. In such cases, payment for additional allowances is made at the expense of the company itself and does not affect the profit tax base (clause 24 of article 270 of the Tax Code of the Russian Federation).

A vacation where you don't relax, but study

The state in every possible way welcomes the increase in the level of education of citizens, including working ones, therefore, conditions have been created by law for those who continue to study without interruption from their main activities (Chapter 27 of the Labor Code of the Russian Federation).

In most cases, to complete training sessions in educational institutions Employees are entitled to paid holidays of a specified duration if they simultaneously satisfy four requirements:

correspondence or evening training is provided;
the institution is accredited by the state;
the employee receives his first education of this level;
studies are going well.

NOTE! If training takes place under other conditions, the procedure for providing leave and payment can be established by agreement between the employee and the employer and enshrined in the collective agreement.

For each type educational activities(admission, passing exams, preparing and defending thesis etc.) provides for a certain maintenance of content and a specified duration of permissible absence from the workplace.

If an employee is so active that he receives education at the same time as working in several educational institutions at once, then he will be legally allowed to go to only one of them.

Vacation without providing finance

“At one’s own expense”, “without payment”, “without pay”, “administrative leave” - this is the common name for the time that is provided to an employee in special situations with the consent of the employer.

Some of the situations are provided for by law, for example, a new addition to the family allows you to be legally absent for up to 5 days, a disabled employee can rest at his own expense for two months every year, etc. In cases not provided for by law, the duration and timing of such leave are decided depending on the specific situation.

Since approval is required, to grant this type of leave, a written application from the employee is required, if possible supported by supporting documents. Based on the application, a leave order is issued.

Maternity leave

This type of release from work associated with the birth of a child in the family consists of two parts:

stay on sick leave due to pregnancy and childbirth;
leave provided to care for a small child up to 1.5 or 3 years old (Article 256 of the Labor Code of the Russian Federation).

If the first type, for obvious reasons, is reserved only for mothers, then child care can also be provided by another family member, for example, the child’s father or grandmother. In this case, the mother must provide the relative's place of work who is going on maternity leave with a certificate stating that she is not granted such leave. The law allows such leave to be divided into parts, with each part being used by different relatives.
And one more thing:

While a parent or relative is on such leave, he has the right to state social security in the established amounts, depending on his average wages.
If the person caring for the baby expresses his desire in the form of an application, he can maintain state support while working part-time or remotely.
This type of leave is fully counted towards the length of service and also guarantees the employee retention of his job and position.

Leave from which you do not return to work

An employee may go on vacation knowing that he will be leaving his job. In this case, all necessary preparations for dismissal, including calculation and issuance of work book, will be made on the last day of presence at work, and the day of dismissal will be considered the last day of vacation. The type of leave after which dismissal occurs can be any.

IMPORTANT INFORMATION! Employees dismissed for illegal actions are deprived of the right to take such leave.

Provided to all working citizens in accordance with the Labor Code. In addition, there are additional days of rest and vacation periods that are not directly related to work (for example, women are entitled to such rest before childbirth).

Regulation of issues related to the procedure for granting vacation periods and their registration is carried out by employers under several articles of the Labor Code. This is done depending on the category of workers to which the employee belongs..

And also the right to receive it may differ depending on the category of employee. For example, there are those for whom vacations are issued regardless of the specific enterprise.

The vacation period is considered working hours provided to an employee for rest while retaining his salary and position.

This period in most cases is paid for by employers, with the exception of rest periods arranged at their own expense (without payment from the budget of the enterprise or organization).

Annual or basic paid leave

The right to receive such rest in accordance with Article 122 of the Labor Code arises for the employee after six months in the organization or enterprise.

The total duration of rest is twenty-eight days for each individual year of service. Its registration takes place on the basis of the one compiled by the personnel department and approved by management. Immediately before an employee goes on vacation, the employer issues a corresponding order.

If an employee is not satisfied with the schedule, he can ask management in writing at the beginning of the year for the priority or season of provision. vacation period.

Extended vacation

There are also categories that are provided - these are:

persons with disabilities - rest for thirty days;
employees of educational institutions - they are provided with from 42 to 56 days (the duration depends on the status of the institution);
persons under eighteen years of age - they are accrued 31 days;
employees of municipal institutions (civilians) receive thirty days of rest;
rescue service employees - from 30 to 40 days (duration depends on length of service);
judges and prosecutors receive from thirty to 48 days for rest;
persons with a doctoral degree or candidates of science - 48 and 36 days, respectively;
persons engaged in the production of chemical weapons - receive from 49 to 56 days (the duration depends on the location of the production lines).

Additional paid leave

Or a targeted vacation period is provided to certain categories of workers in accordance with Article 116 of the Labor Code. It is also paid from the budget of the organization or enterprise. The following may apply for such additional rest:

employees of enterprises that differ;
employees working according to;
persons engaged in labor activities in the regions of the Far North or in areas equivalent to it in terms of climatic conditions;
related to biological materials contaminated with tuberculosis bacilli or HIV;
employees of psychiatric clinics and other categories.

The duration of the additional vacation period depends on the category of the employee and the position he occupies. For example, family doctors receive an additional three days, and workers in the North receive up to 56 days of additional rest.

Study leave

A call from an educational institution received in the name of an employee, in accordance with Article 26 of the Labor Code, serves as the basis for granting an educational leave period.

Employees studying at universities are provided (in accordance with Article 173 of the Labor Code):

40 days for passing exams and intermediate certification (first and second year);
50 days for exams and certification in subsequent courses;
four months to prepare and defend the thesis;
month to pass state exams.

Employees studying at technical schools are provided with (in accordance with Article 174 of the Labor Code):

30 days for certification (first and second year of study);
40 days for certification in the following courses;
two months to prepare and pass qualifying papers and final exams;
month to prepare for and pass state exams.

Employees undergoing training at schools are provided (in accordance with Article 176 of the Labor Code):

nine days to take exams in 9th grade;
twenty-two days to take the 11th grade exams.
thirty days to pass the exams.

Employees receiving initial vocational training(according to Article 175 of the Labor Code) receive thirty days during the year to pass exams.

For employees studying full-time (full-time) there are no paid vacation periods, but they have the opportunity to study without paying a monthly salary:

Universities - 15 days for annual certification, four months for passing qualifying papers, a month for state examination;
technical schools - 10 days for intermediate type certification, two months for passing qualifying papers, a month for the final examination.

To pass the entrance exams, the law requires:

15 unpaid vacation days for persons entering universities;
10 unpaid vacation days for employees entering a technical school or college.

Administrative leave

The law also provides for the possibility of receiving. Usually such rest is required for valid reasons.

It is drawn up on the basis of a written request from the employee, reflected in the application, and always in agreement with management:

up to 35 days in each working year are due to WWII participants;
those who continue to work may qualify for two weeks of rest without pay;
the same number of days of rest are given to family members of soldiers who died in the line of duty or as a result of injury;
disabled people who continue to work in an organization or enterprise receive an additional 60 unpaid vacation days;
if there is a birth of a child, a wedding or the death of a relative, up to five calendar days are provided;
also unpaid vacation days may be provided in other cases, if provided for by local regulations (for example, a collective agreement).

Maternity leave

Special vacation periods are issued for maternity leave and the birth of a baby, as well as for caring for children aged from one and a half to three years.

Provided in accordance with Article 255 of the Labor Code. To receive it, the employee must present to the personnel department a medical document confirming her special status (certificate of incapacity for work). The document is issued at the 30th week of a normal singleton pregnancy or at the 28th week if we are talking about multiple pregnancy.

Such leave implies payment of state benefits, and the employer provides the following periods for rest:

70 days before the upcoming birth and the same amount after a successful delivery;
complicated postpartum period accompanied by the provision of 86 days for rest;
if the birth of twins is expected, the woman receives 84 days before giving birth and another 110 days are given to her for recovery after childbirth.

For the period, the mother retains both her salary and her position in accordance with Article 256 of the Labor Code. To receive such a vacation period, a woman must return from maternity leave and write a corresponding application. During the vacation period, the state establishes a benefit.

The duration of the vacation period in this case can reach three years.

Baby care is included by the employer in the female employee. She can also work part-time and still be able to receive benefits.

In addition, relatives or persons involved in the care of children (grandparents, father or guardians) are entitled to receive leave.

Vacation is the release of an employee from work for a certain period of time.

The general procedure for its provision is regulated by the legislation of the country and the internal labor regulations of the organization. The guaranteed right of an employee to rest is enshrined in the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

What kind of holidays are there?

The Labor Code of the Russian Federation provides for the following types of leave:

Provided to employees every year according to the vacation schedule. The next main rest, as a rule, lasts 28 calendar days. Some groups of employees are entitled to extended paid leave.

Provided in addition to the regular annual allowance for certain categories of employees.

This is a type of additional rest that is provided to employees who combine work and study on the basis of a call-up certificate from an educational institution. It can be either paid or unpaid. Its duration depends on the purpose, form of training and level of the educational institution.

This is the release of an employee from performing his functional duties without pay, i.e., at his own expense. Provided at the request of the employee due to family circumstances or other valid reasons. Its duration is established by agreement between the employer and employee.

Provided to working women for the prenatal and postnatal period. Its duration is 140 calendar days. In the case of complicated births and multiple pregnancies, this period increases.

It is provided to the mother at the end of such a type of rest as during pregnancy and childbirth, or to the father, another relative, or guardian who directly cares for the child until he reaches the age of 3 years.

For students of educational institutions, the legislation of the Russian Federation provides for this type of leave as. It can be provided to the student for medical reasons or for other valid reasons: in case of conscription military service, natural disaster, for family reasons, etc. The period of exemption from attending classes can range from six months to one year.

The right to annual paid leave is one of the main labor rights workers. It should be taken into account that, according to clause 5 of Art. 37 of the Constitution of the Russian Federation paid annual leave guaranteed to employees working under employment contracts. These guarantees do not apply to those who work under civil contracts unless the provision of leave is directly stipulated in the contract. Payment for this vacation is part of the remuneration under the above agreement, and not payment for the vacation itself. The procedure and conditions for granting regular and additional leaves are established by Art. 115–128 Labor Code of the Russian Federation.

The minimum duration of basic paid leave is 28 calendar days, the maximum limit for the duration of leave has not been established, however, the law provides for a certain duration of annual leave, both as a general rule - 28 calendar days - and as special exceptions. In accordance with the law, certain categories of employees are granted extended basic leave, the duration of which is more than 28 calendar days. The following have the right to extended basic leave:

¨ workers under 18 years of age - 31 calendar days (Article 267 of the Labor Code of the Russian Federation);

¨ members of the Federation Council, deputies State Duma- 42 calendar days (Article 28 of the Federal Law of May 8, 1994 No. 3-FZ “On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation”);

¨ disabled people - at least 30 calendar days (Article 23 of the Federal Law of November 24, 1995 No. 181-FZ “On the social protection of disabled people in the Russian Federation”);

¨ civil servants - at least 30 calendar days (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”);

¨ municipal employees - at least 30 calendar days (Article 17 of the Federal Law of January 8, 1998 No. 8-FZ “On the fundamentals of municipal service in the Russian Federation”);

¨ rescuers of professional emergency rescue services, professional emergency rescue teams - at least 30 calendar days (Article 28 of the Federal Law of August 22, 1995 No. 151-FZ “On emergency rescue services and the status of rescuers”);

¨ judges of the Constitutional Court of the Russian Federation - 48 working days without taking into account travel time to the place of rest and back (clause 5 of Decree of the President of the Russian Federation of September 14, 1995 No. 941 “On measures to ensure material guarantees of the independence of judges of the Constitutional Court of the Russian Federation”);

¨ prosecutors and investigators - 30 calendar days excluding travel time to the place of rest and back with payment of the cost of travel within the territory of the Russian Federation (Article 41.4 of the Federal Law of January 17, 1992 No. 2202-1 “On the Prosecutor’s Office of the Russian Federation”);

¨ prosecutors and investigators working:

ü in areas with severe and unfavorable climatic conditions, - at least 45 calendar days;

ü in the Far North - at least 54 calendar days;

ü in areas equated to the regions of the Far North - at least 46 calendar days (Resolution of the Government of the Russian Federation of March 6, 1996 No. 242 “On the duration of the annual paid leave provided to prosecutors and investigators of prosecutors working in areas with severe and unfavorable climatic conditions ");

¨ judges - at least 30 working days (Article 19 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation”);

¨ judges working:

ü in the Far North - 51 working days;

ü in areas equated to the regions of the Far North, and in areas with severe and unfavorable climatic conditions, where wage coefficients are established - 45 working days (Article 19 of the Law of the Russian Federation of June 26, 1992 No. 3132-1 “On the status of judges in the Russian Federation");

¨ customs officers - 30 calendar days excluding travel time to the place of vacation and back with payment of the cost of travel for the specified employee and one of his family members within the territory of the Russian Federation (Article 36 of the Federal Law of July 21, 1997 No. 114-FZ " On service in the customs authorities of the Russian Federation");

¨ employees of children's educational institutions, some research institutions, educational institutions (according to the List of educational and other institutions, enterprises, organizations and positions, work in which gives the right to annual extended paid leave) - from 42 to 56 working days (Resolution of the Government of the Russian Federation dated September 13, 1994 No. 1052 “On leaves of absence for employees of educational institutions and teaching staff other institutions, enterprises and organizations");

¨ masters of industrial training of educational institutions, social teachers, teachers-organizers of educational institutions - up to 42 working days (Resolution of the Government of the Russian Federation of September 13, 1994 No. 1052 “On vacations of employees of educational institutions and teaching staff of other institutions, enterprises and organizations”);

¨ scientific workers of institutions (organizations) financed from the federal budget:

ü Doctors of Science - 48 working days;

ü candidates of sciences - 36 working days (Resolution of the Government of the Russian Federation dated August 12, 1994 No. 949 “On annual leave of scientific workers with academic degree»);

¨ employees of health care organizations diagnosing and treating HIV-infected people, as well as employees of organizations whose work involves materials containing HIV - 36 working days (taking into account additional annual leave for work in hazardous working conditions) (clause 4 of the resolution Government of the Russian Federation dated April 3, 1996 No. 391 “On the procedure for providing benefits to employees at risk of contracting the human immunodeficiency virus while performing their duties” official duties»);

¨ chief nurses of healthcare institutions of federal subordination - 36 working days (clause 1 of the order of the Ministry of Health of Russia dated December 22, 1994 No. 297 “On annual leave of chief nurses of healthcare institutions of federal subordination”);

¨ workers in the coal, shale, mining industries and certain basic sectors of the national economy - up to 67 calendar days (clause 1 of the All-Union Central Council of Trade Unions resolution of July 2, 1990 No. 647 “On increasing the duration of vacations for workers in the coal, shale, mining industries and certain basic sectors of the national economy ");

¨ workers involved in work with chemical weapons:

ü first group - 56 calendar days;

ü the second group - 49 calendar days (Article 5 of the Federal Law of November 7, 2000 No. 136-FZ “On the social protection of citizens engaged in work with chemical weapons”).

ANNUAL ADDITIONAL PAID LEAVES

Annual additional paid leave is added to the main leave or provided separately. Additional leaves are provided in order to compensate for the impact of unfavorable factors in the labor process on the employee’s health or are of a stimulating nature. Additional leaves are provided to the categories of workers listed in Art. 116–119 of the Labor Code of the Russian Federation, as well as in other cases provided for by federal legislation. In cases not provided for by law, an organization can independently establish additional paid leave for its employees. Payment for such additional vacations is carried out at the expense of the organization and is not accepted as part of the expenses taken into account when calculating the tax base for income tax (clause 24 of Article 270 of the Tax Code of the Russian Federation).

In this article we will consider only a small part of them.

Leave for work in the Far North and equivalent areas

According to Art. 321 of the Labor Code of the Russian Federation, citizens working in the Far North and equivalent areas are granted additional leave. The duration of additional leave is 24 calendar days for persons working in the Far North, and 16 calendar days for equivalent areas. This procedure applies not only to main workers, but also to part-time workers. This also applies to employees working on a rotational basis (Article 302 of the Labor Code of the Russian Federation).

What if the employee was not on vacation last year? According to Art. 322 of the Labor Code of the Russian Federation, in this case, it is possible to combine annual paid vacations, but not more than for two years. In this case, the total duration of the vacation should not exceed six months, including the time necessary to travel to the place of vacation and back. The part that exceeds six months can be added to the vacation for the next year. This is a very important provision, which once again reminds the employer that vacations unused by the employee (or not provided by the employer) for previous years are not lost and must still be provided to employees, even if late.

In addition, in Art. 325 of the Labor Code of the Russian Federation provides for the right of citizens working in the regions of the Far North and equivalent areas, once every two years, at the employer’s expense, go on vacation by any means of transport, including personal transport (except taxis). The travel to the place of use of the vacation within the territory of the Russian Federation and back is paid, and the shortest route is taken and only to one destination. The organization also compensates for the cost of transporting luggage weighing up to 30 kilograms. If an employee goes on vacation with non-working family members (wife or husband, or minor children), the organization must pay for their travel as well. This compensation is also paid if the employee and his family go on vacation at different times.

The employer at the main place of work compensates for the costs of travel to the place of vacation and for carrying luggage in organizations financed from the federal budget.

I would like to draw your attention to the fact that the employee’s travel is paid before leaving on vacation based on the approximate cost of travel. Upon returning from vacation, the employee must provide the relevant documents, and on their basis the final payment is made.

Leave for work in harmful and dangerous conditions

In accordance with Art. 117 of the Labor Code of the Russian Federation, additional leaves are provided to those who work in harmful or dangerous conditions. For example, work in zones of radioactive contamination, underground and open-pit mining, the work of car washers who are constantly in a humid environment, etc. are considered harmful.

Lists of hazardous work must be approved by the Government of the Russian Federation. But while they are not there, you should be guided by the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by 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 No. 298/P -22 (hereinafter referred to as the List).

The duration of vacations for employees mentioned in the List ranges from 6 to 36 working days (depending on the profession, position held, etc.). But many works were not included in this List. Meanwhile, the administration of the organization may consider them harmful. In this case, she has the right to independently provide additional leave for employees performing these works (Article 116 of the Labor Code of the Russian Federation). To do this, it is necessary to conduct a special certification of the workplaces of these employees. Certification is carried out by a special commission, which is created by order of the head of the organization. The commission determines how harmful the employee’s working conditions are. The procedure and duration of additional leave must be fixed by the organization’s administration in the employment or collective agreement.

When determining the duration of leave for work during harmful conditions, the accountant must take into account the employee’s length of service. Here we mean only the time that the employee worked in harmful conditions. But during the year he could change several workshops, and, quite possibly, for work in them the established different duration vacation. How, in this case, can one determine how many days of additional rest an employee is entitled to in the current year? You need to add up the vacation days for work in each workshop. You should also recalculate additional vacation days from working days to calendar days if they are provided to the employee after February 1, 2002.

Example

Grishina A.L. has been working at Panacea LLC since July 2, 2004. In July-October 2004, she produced dry concentrates from medicinal herbs. And then she was transferred to a workshop where herbal tinctures and drops are produced. May 13, 2005 Grishina A.L. takes vacation - 28 calendar days. Along with the main leave, she is entitled to additional leave. According to the List, those who produce dry herbal concentrates have the right to additional leave - 6 working days per year. And employees producing tinctures and drops get 12 working days a year.

The accountant of Panacea LLC calculated the duration of the additional leave of A.L. Grishina. in working days. For work in the workshop where concentrates are produced, she is entitled to additional rest for the following period:

6 days : 12 months x 4 months = 2 days

And during the time that Grishina A.L. worked in a workshop for the production of tinctures and drops, she is entitled to additional leave:

12 days : 12 months x 6 months = 6 days

Thus, the employee is entitled to an additional 8 working days (2 days + 6 days). Now let’s determine the total duration of her vacation in calendar days. To do this, you need to take a calendar and count first 28 calendar days, and then 8 working days. In this case, it should be excluded holidays(non-working holiday June 12, 2005 moved to June 13).

It turns out that Grishina A.L. must be on vacation from May 13 to June 21 inclusive, for a total of 40 calendar days. However, the order is issued for 39 paid calendar days, since the employee is not paid for rest on holidays. The total duration of vacation will be 40 days.

Leave for irregular working hours

Article 101 of the Labor Code of the Russian Federation allows the establishment of irregular working hours for some employees. As a rule, managers, technical and business personnel have irregular working hours. The list of positions with irregular working hours is fixed in the collective agreement or in the internal labor regulations. For specific employees occupying these positions, work with irregular working hours is formalized by an employment contract (additional agreement) and an order.

These employees are entitled to additional annual leave. How long it lasts should also be established by a collective agreement, internal labor regulations, personnel regulations or other local regulations. However, such leave cannot be less than three calendar days (Article 119 of the Labor Code of the Russian Federation).

It happens that an organization cannot afford to provide additional rest even to those employees who have irregular working hours. In this case, working while other employees are on vacation is considered overtime, and the employee’s written consent is required.

Let us remind you that normal working hours should not exceed 40 hours per week. If an employee has worked more, then he is entitled to an additional payment for the first two hours of work of no less than one and a half times the amount, for subsequent hours - no less than double the amount (Article 152 of the Labor Code of the Russian Federation). In this case, the duration of overtime work should not exceed 4 hours for two days in a row and 120 hours per year.

Example

At LLC Light, the position of chief accountant is included in the list of employees who have irregular working hours. In accordance with the collective agreement, the chief accountant is entitled to 7 calendar days of additional leave. Payment for 3 days of this vacation, prescribed by law, is included in the costs of Light LLC, and 4 days are paid from profit.

Leave for length of service

For some categories of workers, additional leaves are provided for by federal laws that regulate their professional activities. Typically, these laws establish such leave for many years of service. Thus, on the basis of Federal Law No. 2202-1 of January 17, 1992 “On the Prosecutor’s Office of the Russian Federation,” prosecutors and investigators can rest an additional 5 calendar days a year after 10 years of work. The maximum additional leave for such workers - 15 calendar days - is granted when their work experience exceeds 20 years.

Judges, teachers, customs officers, light industry and forestry workers also have the right to additional leave for length of service.

Leave for special nature of work

This basis for additional leave was introduced by Art. 118 Labor Code of the Russian Federation. However, labor legislation does not yet clarify what should be considered work of a special nature. In addition, neither the list of employees who are entitled to additional leave for such work, nor the minimum duration of this leave have yet been approved.

Study leave

Employees who combine work with studying in educational institutions are provided with additional paid leave with the same average earnings, as well as leave without pay. To do this, four conditions must be met:

ü the employee is studying in the evening or by correspondence;

ü the educational institution must have state accreditation;

ü the employee receives education of the appropriate level for the first time;

ü the employee must successfully study at an educational institution.

Guarantees and compensation for employees studying in educational institutions that do not have state accreditation are established by a collective agreement or employment contract.

By agreement between the employer and the employee, annual paid vacations may be added to additional vacations.

If an employee studies simultaneously in two educational institutions, then guarantees and compensation are provided only in connection with training in one of them.

Additional paid holidays are provided:

¨ workers studying in vocational institutions higher education for correspondence and evening courses (Article 173 of the Labor Code of the Russian Federation):

ü for passing intermediate certification in the first and second years - 40 calendar days, in subsequent courses - 50 calendar days;

ü for preparing and defending the final qualifying thesis and passing the final state exams - four months;

¨ employees studying in educational institutions of secondary vocational education through correspondence or evening courses (Article 174 of the Labor Code of the Russian Federation):

ü for passing intermediate certification in the first and second years - 30 calendar days, in subsequent courses - 40 calendar days;

ü for preparing and defending the final qualifying thesis and passing the final state exams - two months;

ü for passing final state exams - one month.

Employees entering the specified educational institutions or studying full-time are granted only leaves without pay;

¨ employees studying in educational institutions of vocational primary education (Article 175 of the Labor Code of the Russian Federation):

ü for passing exams - 30 calendar days within one year;

¨ employees studying in evening (shift) educational institutions (Article 176 of the Labor Code of the Russian Federation):

ü IX classroom - 9 calendar days;

ü for passing final exams in XI (XII ) class - 22 calendar days.

M.A. Semenov, tax consultant at BKR-Intercom-Audit CJSC

The current regulations of the Russian Federation provide various types vacations.

This is due to the difference in the specific activities of employees of different structures. Leaves are granted taking into account working conditions, the presence of harmful or dangerous factors, as well as the territory in which a person carries out his professional activities.

In general, labor legislation divides leave into two types - main and additional.

Basic annual leave is due to all employees, regardless of their position and field of activity. Its duration is twenty-eight actual days. This is a set minimum that must be provided to a person every year. It should be noted that in practice the specific duration is calculated in proportion to the time worked. The prescribed mandatory rest period must be used for its intended purpose. It cannot be replaced by monetary compensation. Dividing a break into parts or postponing it to another time is permitted only with the consent of the employee.

Additional leaves are provided to workers taking into account the characteristics of the work, as well as the status of the worker, for example, a person with disabilities. The duration of such periods depends on working conditions. Vacations of this type can be used by a person at a separate time or attached to the main rest period. They can also be replaced with a cash payment. This will only be possible if the worker personally contacts the manager.

Social holidays

According to the Labor Code of the Russian Federation, some categories of workers are granted so-called social leave. The provision of such breaks is due to the presence of objective life circumstances due to which a person cannot fully perform the duties of his position and is forced to temporarily interrupt his activities. Examples of such situations are the expectation and birth of a child, education, valid reasons of a personal and family nature - marriage, death of a close relative.

For pregnancy and childbirth

By general rules Every expectant mother can temporarily interrupt her work due to going on maternity leave. Such leave is granted to women before and after the birth of a child, on the basis of a written application, which must be accompanied by a medical report. Its duration depends not only on the number of babies born, but also possible complications during childbirth, namely:

Seventy days before the baby is born. Eighty-four days if more than one baby is expected to be born.
Seventy days after birth, or eighty-six in case of complications during childbirth. One hundred days - if more than one child was born.

The total duration of such a period is calculated in total and does not depend on the number of days that were used by the woman in labor before the birth of the child.

Child care

At the written request of the woman who gave birth, she can temporarily interrupt her professional activity until the baby is three years old. Such leave may also be granted to the child's father or other person who has legal custody. The specified period can be used by a person in full or divided into parts. During this time, you can work at your place of actual residence or on a part-time basis.

This leave is taken into account when calculating length of service and applying for assistance in connection with retirement.

Educational

Study leave is provided to those employees who combine training with their professional activity. The duration of the break depends on the type of education the worker receives:

If a person is studying at a higher educational institution, then he should be given fifty days a year.
When receiving secondary specialized education – forty days.
For general basic training – twenty-two days.

Such time is allocated to a person on the basis of a submitted written application, which is accompanied by a certificate of summons from the educational institution about the start of the next session.

For personal reasons

Every worker can use extra days to solve personal problems. The duration of such breaks is not established by current regulations and is determined by mutual agreement of the parties.

Nevertheless, there are categories of workers and cases when such days must be provided to a person without fail:

Those who took part in the Great Patriotic War– up to thirty-five days per year.
Those who have the right to take a well-deserved rest, but continue to work – up to fourteen days.
To the parents and spouses of law enforcement and rescue personnel, as well as military personnel who passed away in the line of duty job responsibilities, or due to an occupational disease or injury - up to fourteen days a year.
Workers with disabilities are provided with up to sixty days a year.
In the case of the birth of a child, the wedding of the employee himself or the funeral of a close relative - up to five days.

During the specified periods, the person retains his position, but cash are not paid.

Preferential holidays

Preferential leave is provided to certain categories of workers.

The duration of such periods is determined by the presence of harmful and dangerous factors in everyday activities, the specifics of work, as well as the area in which a person works. During the period of such vacations, a person not only retains his place, but also receives a salary.

Categories of workers

In accordance with the requirements of current legislation, the right to preferential leave is vested in:

Workers whose activities involve hazardous or harmful factors. They are given seven extra days. It should be noted that this is an established minimum, which may be increased by local regulations.
Working people in the Far North or equivalent areas. This category is entitled to twenty-four and sixteen days, respectively.
Workers whose activities are not limited by a time frame, that is, not standardized, as well as those who have not reached the age of majority, are given at least three additional days.
Two days are provided for disabled people.
Pedagogical specialists are entitled to from fourteen to twenty-eight days.
For employees of the Ministry of Internal Affairs - two days.
Doctors up to fourteen days.

Such periods are provided without fail, regardless of the quality of the work performed.

Payment for travel and baggage

Some employees are entitled to benefits for travel to and from their vacation destination, as well as reimbursement for baggage transportation costs.

Northerners. They have the opportunity to reimburse travel expenses in connection with going on vacation once every two years.
Police officers and military personnel. Their travel expenses are reimbursed once a year.

Not only the cost of the ticket is reimbursed, but also other services provided on transport, for example, the use of bedding.

Documentary evidence will be provided by the submitted travel documents. If a person used a personal car, then receipts for the purchase of fuel at gas stations along the route will serve as proof of expenses. The shortest route to the destination and back is taken into account. Also, these employees will be paid for baggage transportation with a total weight of up to thirty kilograms.

Procedure for granting leave

The procedure for granting leave is a procedure consisting of several stages.

First of all, a person must acquire the right to the opportunity to use a break for rest and recovery:

Those hired for the first time must work in the organization for at least six months. Although, by agreement between the parties, leave can be granted earlier. Some workers can go on vacation regardless of their length of service - women before or after the birth of a child, people under eighteen years of age, people who have taken custody of babies under three months of age.
For those working in the second and subsequent years, this right appears when the time determined by the priority schedule arrives.
If a person applies for additional time without maintaining earnings, he must belong to a preferential category, or have valid personal reasons.

To realize his intention, the employee must send a written statement to his manager and attach a supporting document to it if we are talking about additional unpaid leave.

A person must be informed about the start time of the main annual paid leave no later than two weeks before its start. Although in this case, contacting your boss is also relevant, for example, when dividing a vacation into parts or postponing it to another time.

The final stage is the issuance of an order and payment of financial assistance.

Documentation

According to current legislation, documents relating to a person’s vacation include:

Statement from the employee himself.
Written notification from the manager about the start time of paid leave,
The boss's order to give the worker a break.

It should be noted that the specified documentation is drawn up regardless of the type and reasons for the break.

Employee statement

The employee sends the application to his boss in writing. In addition to basic information, it must indicate the type of break the person is applying for, its total duration and start time. The application must be signed by the worker himself. When registering, you can use standard office paper.

You can submit an appeal to the head of the company in person, by mail, through an authorized representative or via Internet resources.

Personnel documents

After receiving the employee’s application, the manager is obliged to draw up and approve an order with the appropriate content. It must reflect the type of leave, its duration, start and end dates.

It would be correct to indicate the amount of financial assistance paid, which should be transferred to the worker’s personal bank account or given to the latter no later than three days before the start of the vacation.

It is mandatory to put a note on the working time sheet indicating that the person has temporarily interrupted his work.