Types of additional paid leave
Employers are required to provide additional leave to specialists in certain professions on the basis of industry-specific federal laws and Articles 116-119 of the Labor Code of the Russian Federation.
Additional leave for working conditions deviating from normal is leave for:
- working in harmful or dangerous working conditions;
- work related to the special nature of the work;
- work in the Far North and northern areas;
- work in irregular working hours;
- work abroad in foreign institutions of the Russian Federation.
Specialists who, according to federal laws, are entitled to additional leave:
- athletes and coaches;
- health workers;
- veterinarians;
- workers involved in the provision of anti-tuberculosis care, including animals;
- workers who diagnose and treat HIV-infected people;
- workers involved in the provision of mental health care;
- workers affected by radiation disasters;
- rescuers of professional emergency rescue services and units;
- employees included in the Russian Antarctic Expedition;
- air transport workers.
Right to vacation
According to the law, the right to long-term paid rest accrues to the employee every year. If an employee has just joined a company, in order to earn the right to go on vacation, he must work in his position for at least six months.
In exceptional cases, by agreement between the administration and the employee, it is possible to partially provide paid leave in the first year of work before the six-month period of accumulated work experience.
The legislator has defined certain categories of employees who, even in the first year of work, have the legal right to demand paid leave up to a six-month period of work. Such leave does not need to be coordinated with anyone, you just need to write an application and submit it to your manager to organize the registration.
The category of such employees includes:
- pregnant women (before the start of maternity leave) or immediately after the end of leave provided for pregnancy and childbirth;
- minor citizens who were under 18 years of age at the time of writing the application;
- employees who adopted a baby under three months of age;
- granting leave to an employee who works part-time at the company and has already taken leave for his main job;
- in other cases provided for by federal laws and the collective agreement.
It is important to understand that after the end of the first year of work, an employee has the right to demand leave for almost any period. Especially in cases where they were not fully given to him in previous periods.
Remember, providing leave to an employee is an obligation, not a right of the employer. True, in this case there are certain rules established at the legislative level that must be followed. If these rules are violated, the employer may face legal liability.
General rules for providing additional paid leave
Additional paid leave is provided to employees annually. In general, the rules for granting additional leave are the same as for regular annual leave.
The right to vacation for the first year of work arises after 6 months of continuous work in the company. By agreement with the head of the organization, additional annual leave may be granted before the expiration of 6 months from the start of work.
When calculating the total duration of annual paid leave, the days of additional leave are summed up with the main leave under Article 322 of the Labor Code of the Russian Federation.
The total duration of vacation cannot be more than 6 months, taking into account all vacations, including at your own expense.
If, when calculating all vacations, it turns out that the employee has the right to rest for more than 6 months, days beyond 6 months must be transferred to the next year.
Annual additional leave, like regular leave, is provided in accordance with the vacation schedule. Some employees are given vacation at a time convenient to them. For example, parents with many children.
The employer is obliged to notify the employee of the start of the vacation against signature 2 weeks before it begins.
If the vacation schedule indicates the start date of the vacation, the employee does not have to write a statement. He receives vacation according to schedule.
Details on the topic:
If an employee goes on vacation as scheduled, he or she may not need to submit an application.
Vacation pay must be paid to the employee 3 days before the start of the vacation.
Additional paid leave may be established not by law, but by a collective agreement, agreement or local regulations of the organization.
How to properly divide the rest of your vacation period
Here are some recommendations taking into account the opinion of the Ministry of Labor. The department recommends releasing a subordinate for fourteen consecutive days of rest. And the rest of the remainder can be divided into several parts. Moreover, their duration can be any: a week, 8, 9 or even 10 days. However, such division must be agreed with management. Which employees do not have the right to take leave at any time:
If the employer does not dismiss the employee on scheduled leave or denies the beneficiary unscheduled leave, he faces an administrative fine. The fine will be:
- for an organization from 30 to 50 thousand rubles,
- for a director or individual entrepreneur – from 1 to 5 thousand rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
And if the company again violates the law on vacations in 2022, fines for the organization will increase to 70 thousand rubles, for directors and individual entrepreneurs - to 20 thousand rubles.
Additional paid leave for work with hazardous working conditions
Employees who work in enterprises with harmful and dangerous working conditions have the right to additional paid leave on the basis of Article 117 of the Labor Code of the Russian Federation.
The minimum duration of additional leave is 7 calendar days.
The specific duration of the annual additional paid leave is established by the labor/collective agreement.
Working conditions must be recognized as dangerous or harmful based on the results of a special assessment of working conditions.
The right to additional leave arises if the workplace is classified as 2, 3 or 4 hazardous levels or working conditions are recognized as dangerous.
To determine the length of service that gives the right to additional leave, it includes only the time actually worked in harmful/dangerous working conditions.
Practical situations:
Is additional allowance for hazardous work granted to a part-time worker at 0.25 times the rate?
Is it possible to carry over unused hazard leave to the next year?
Part of the vacation exceeding the 7 calendar days established by the Labor Code of the Russian Federation can be replaced with monetary compensation. But only at the request of the employee and with his written application to replace the vacation with monetary compensation.
Even if the employee quits soon, he needs a vacation schedule
The employer asked the Ministry of Labor whether the organization would be liable if it did not draw up a vacation schedule for 2020, since the employee quit in mid-January? The Ministry of Labor responded that a schedule must be drawn up for all employees who are on the payroll on the day the schedule is approved, even if their dismissal is expected. Therefore, the employer may be fined.
The Ministry of Labor also indicated that if an employee received vacation in advance and quit, then the employer has the right to withhold unworked days from the salary. But it is unlawful to withhold wages if the dismissal occurred for the reasons specified in Art. 137 of the Labor Code of the Russian Federation (liquidation of an organization, reduction of staff, conscription for military service, etc.).
More details in the letter of the Ministry of Labor of the Russian Federation dated 04/09/2020 No. 14-2/B-395.
Additional paid leave for irregular working hours
Employees with irregular working hours are provided with annual additional paid leave on the basis of Article 119 of the Labor Code of the Russian Federation.
The duration of such leave is indicated in the internal labor regulations and can be specified in the employment contract. For irregular working hours, the employer is obliged to provide leave of at least 3 calendar days.
If an employee has an employment contract with irregular working hours, he must be provided with at least 3 days of additional leave, regardless of whether he was involved in work outside working hours or not.
Annual additional paid leave for working in irregular working hours is provided for the very fact of working in this mode. This leave is not set in proportion to the irregular hours worked.
Holiday to care for the child
For temporary employees who work under a fixed-term employment contract concluded while a permanent employee is on maternity leave, the terms of dismissal will be changed. Now they will be warned in advance.
Article 79 of the Labor Code proposes to establish the employer’s obligation to warn the employee at least 3 working days before his dismissal in the event of the employee’s early departure from parental leave.
At the same time, Article 256 of the Labor Code will provide for the obligation of an employee on parental leave to notify the employer in writing at least 5 working days in advance of early termination of this leave.
The provision of the bill to amend Articles 79 and 256 of the Labor Code is aimed at resolving the situation that arises when an employee on parental leave decides to leave this leave early.
The proposed changes will allow the employee to take into account the employee’s desire to leave early leave, the employer to make the necessary personnel decisions in a timely manner, and will also guarantee the employee filling the position of a temporarily absent employee to prepare in advance for upcoming personnel changes or termination of the employment contract with him.
Additional paid leave for work in the Far North
The right to additional annual paid leave appears after 6 months of work in an organization in the North.
New on the topic:
New list of northern regions from 2022
The duration of the additional “northern” vacation depends on the type of terrain:
- in the Far North, vacation is 24 calendar days,
- in areas equated to the regions of the Far North - 16 calendar days,
- in other regions of the North, where the regional coefficient is established - 8 calendar days under Article 321 of the Labor Code of the Russian Federation.
In addition to the fact that the employer provides employees in the North with additional paid leave, he also compensates them for the cost of travel and luggage transportation to the place of vacation and back once every 2 years on the basis of Article 325 of the Labor Code of the Russian Federation.
The total duration of annual paid leave, as indicated above, when summing up all types of leave, cannot exceed 6 months. Full or partial combination of annual leave for individuals is allowed for no more than two years.
Additional paid leave for working abroad
Decree of the Government of the Russian Federation dated April 21, 2010 No. 258 approved the list of states for work in which an employee is granted additional annual paid leave.
An employee receives additional paid leave if he works in difficult climatic conditions, unfavorable ecology, during an epidemic or military operations, epidemiological danger, unstable socio-political situation, or high crime.
The minimum duration of annual additional leave for foreign workers is 3 calendar days. The exact dates of vacations are established by order of the Ministry of Foreign Affairs of the Russian Federation dated August 8, 2011 No. 14299. The duration of vacations ranges from 3 to 15 calendar days, depending on the country.
