Time off for overtime, holidays and weekends
What a day . It may be necessary for an employee to stay late in the evening or work on a weekend or holiday. For such work, the employee chooses: to receive a salary at an increased rate or take time off. The employer cannot force you to take money or, conversely, time off. This is up to the employee to decide.
Rest days for overtime work
Working after the end of the working day or more than the number of working hours per month is overtime.
You can’t just force an employee to overwork. The reasons for overtime work are specified in Art. 99 Labor Code of the Russian Federation:
- you need to finish the work already started;
— urgently repair work equipment;
- replace a replacement who did not show up.
For overtime work, written consent is taken from the employee. The exception is when it is necessary to eliminate an accident or a state of emergency is declared in the country. The maximum overtime limit is four hours on two consecutive days and 120 hours per year.
An irregular working day under an employment contract is not overtime. If, according to the agreement with the designer, he has an irregular day, he can be left in the evening to finish the layout without asking consent. There is no need to pay extra or give time off. But for an irregular day, the employee’s annual leave is extended by three days.
Article: list of holidays required for employers
Increased wages are paid for overtime work. For the first two hours - at a rate of 1.5 salaries, for subsequent hours - at 2 salaries.
Instead of an increased salary, an employee can choose to take a vacation. It turns out that if an employee has worked overtime for a whole day, he can take time off. If you worked half a day, you can take half a day. But then there will be no increased payment - Art. 152 Labor Code of the Russian Federation.
Rest days for working on holidays and weekends
To work on weekends and holidays, written consent must be obtained from the employee. And only if you need to do urgent, unforeseen work. An exception is an accident, accident or emergency. Rules - from Art. 113 Labor Code of the Russian Federation.
Work on a holiday or day off is paid at double rate. Instead of money, an employee can take a day of rest, but without paying for it - Art. 153 Labor Code of the Russian Federation.
How to register . The employee writes an application for time off. The employer issues an order. Leave dates are agreed upon. The Labor Code does not have a time limit within which an employee is required to take overtime days. There is also no rule that time off expires after some time.
Answer
To date, the issue of payment for time off for work on days off, which the employee did not have time to use before dismissal, is not regulated by law.
In practice, there are two opposite positions.
Opinion of Rostrud (Shklovets I.I.) : “If it is impossible to use additional days of rest before dismissal, the employee upon dismissal must make increased payment for all cases of overtime work and work on a day off (holiday) without limitation on their number” (see Consultation 2015 ).
The same position is set out in Letter of the Ministry of Labor of Russia dated May 18, 2021 N 14-6/ОOG-4466: “If, when hired to work on a day off, the employee agreed to pay for the work in a single amount with the provision of another day of rest, but before did not exercise his right to a day of rest on the date of dismissal, we believe that the employer is obliged to pay the employee additionally for work on the corresponding day off.”
At the same time, the website “Onlineinspektsiya.RF” (2021) contains clarifications that upon dismissal, unused additional days off are not compensated (if they are chosen as compensation).
We believe that the safest option for the employer is to pay for time off. In this case, neither the employee nor any future inspections will have any complaints.
Four days for a parent of a disabled child
What days . A parent, guardian or custodian of a disabled child has the right to four additional days off per month. For these weekends, the employer pays the average salary - Art. 262 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation No. 1048.
Only one parent can take a day off for a disabled child. But, as an option, parents can divide the days. For example, a mother takes three a month from her job and a father takes one from his.
An employee on vacation or maternity leave is not entitled to extra days off. But they can be issued by the second parent - clause 17 of the Resolution of the Plenum of the Supreme Court No. 1.
The employee can take four days at once or spread them out as he wishes throughout the month.
If there are two or more disabled children in the family of guardians, there are still four days off, and not a multiple of the number of children.
If an employee does not take days off in the current month, they expire and are not carried over to the next month.
How to register . The employee must bring documents for the child: ITU certificate, birth certificate, registration certificate.
On the day off, the employee writes a statement. The employer issues an order. Plus, every time the employee brings a certificate from the second parent’s work that he did not take any days off this month. If the second parent of an individual entrepreneur is self-employed or unemployed, a certificate is needed that he is not employed, for example, from the State Services. If there is no second parent, bring a death certificate or a decision on deprivation of parental rights.
How long can you take a day off?
If many days have accumulated, how long can the PTO be used?
It is important to remember that with the expiration of the calendar year, rest days received for overtime, donation and other reasons do not expire. Theoretically, an employee has the right to take time off at any time after receiving it. However, the more time passes, the more difficult it is to restore the chronology of the reasons for their provision. That is why the employee should not delay using the rest days required by law.
Two days for blood donors
What a day . The employee is released from work on the day of blood donation and the next day. For both days he is paid the average salary - Art. 186 Labor Code of the Russian Federation.
But if the employee wants, he can take two donor days off at any time during the year. The State Labor Inspectorate explained that the employee chooses the dates of his days off.
If on the day of blood donation the employee was on annual leave, the vacation is extended by two days. And if he went to the donor center on a day off, he gets additional time off.
How to register . The employee writes an application for a day of rest to donate blood and a day of rest. The employer issues an order. Then the employee brings a certificate from the transfusion point.
Why you shouldn't save time off
The employer takes a risk by allowing employees to accumulate unused rest days over a long period of time. During inspections, GIT inspectors, having discovered long-earned time off by employees that is not used and not compensated for with additional pay, may regard such facts as a violation of the law.
As practice shows, the employer manages to avoid long-term accumulation of time off by employees if the company has established a clear procedure: immediately after the right to an additional day of rest arises, the employee writes a statement indicating the desired date for granting him time off.
Exemption for medical examination and medical examination
What days . If the employer sends the employee for a medical examination, he is released from work and paid the average salary - Art. 185 Labor Code of the Russian Federation.
Article: who must undergo a medical examination at the expense of the employer
Each employee also has the right to undergo medical examination at the district clinic. On days of examination by doctors, the employee is released from work with the same average earnings. The number of days is:
- one day every three years - for employees under 40 years of age;
- one day once a year - for workers over 40 years of age;
- two days once a year - for pre-retirement people (five years before retirement) and pensioners.
The employee must agree on the date of medical examination with the employer.
If an employee goes to a medical examination while on vacation, days off are not added to him.
How to register . An employee writes an application for release from work for medical examination. The employer issues an order. Then the employee brings a certificate from the clinic.
Paid time off for early hours worked
There is no additional compensation for time off for time previously worked. In fact, the days of service are swapped, so the salary will be accrued according to the terms of the employment contract. If, instead of a day off, an employee chose cash payment, he will receive an increased payment.
When it comes to time off for vacation, the workday will be paid in accordance with the procedure for financing the next vacation. For this purpose, the company uses special formulas.
One day for women in the village
What a day . Women in rural areas of any position and age are entitled to one additional day off per month without pay. When working remotely, the right to a day off does not disappear if the employer is also in the village. The date of the day off is chosen by the employee - Art. 263.1 Labor Code of the Russian Federation.
How to register . The employee writes a statement, the employer issues an order.
