Providing leave when working part-time

In the realities of modern life, there are often situations in which a person performs work duties in two or more places, if time permits. If all these jobs are official (with the conclusion of an employment contract), then we are talking about part-time work. If several types of positions are combined for one employer, the combination is internal, and for different types of positions it is external.

In this case, the main job is considered to be the one where the employee spends the greatest amount of time, and the main sign of the main place of work is the storage of a work book in its personnel department.

An employee naturally spends significantly less time at a part-time job than at his main job. But this does not mean that for this reason he will have to rest for less time. Let's consider how the Labor Code of the Russian Federation regulates the duration of leave when combining positions, what rules exist in this regard, what financial resources are available to part-time workers when receiving leave and compensation and when not receiving it.

Legislative position of the Labor Code of the Russian Federation regarding part-time work and types of recreation

The Labor Code of the Russian Federation allows employees to perform other duties during the time not occupied by their main work, if they do not contradict their qualifications. This possibility is regulated in Chapter 44 of the Labor Code of the Russian Federation. In particular, the text of the Labor Code of the Russian Federation contains a mandatory requirement for employers to consolidate relations with a part-time worker in an employment contract, which will also include a clause regarding timely departure for the next vacation.

Payment for part-time work is carried out in accordance with the regulations of Art. 285 of the Labor Code of the Russian Federation, the eligibility of going on “part-time” leave is noted in Art. 286, and the issues of vacation payments are regulated by Chapter 19 of the Labor Code of the Russian Federation, which considers the issues of vacations for any form of employment.

What the law says about part-time mothers

Labor Code of the Russian Federation in Art. 282 regulates issues of external part-time work. This is additional employment in free time from the main one, that is, the same employment, only for shorter working hours.

IMPORTANT! Do not confuse part-time work with combination work: in the first case, the employee confirms employment with different employment contracts.

An employee (in our case, an employee) can work part-time at different enterprises, or at the same one, but simultaneously in several positions. The legislation does not limit the number of part-time positions held; the limit is only on additional work time - no more than 4 hours per working day.

Thus, from the point of view of the law, part-time work is a full-fledged workplace with the same responsibilities of the employer, which also applies to the provision of maternity leave. All requirements of the Labor Code in relation to a woman on maternity leave (saving a job, impossibility of dismissal, due payments, vacation periods) also apply to an additional employer.

NOTE! A woman who “works part-time” without concluding an employment contract cannot count on legal protection of her rights.

Vacation rules regarding part-time workers

Let's analyze the provisions of the Labor Code, according to which vacations are combined along with work. Several theses can be highlighted that reflect the general rules of vacation procedures for part-time workers:

1. Every worker's annual vacation from work, financed by the employer, must be simultaneous for all places where the employee is employed. You cannot rest at one place of work while working at another.
2. An employer who allows a part-time worker to work is not entitled to refuse leave at the required time, coinciding with the employee’s “main” leave.
3. A part-time position does not require a mandatory 6-month period of service to qualify for annual leave. When receiving leave at the main place of employment, even if the employee has less experience at the second job, the employee has the right to rest in advance.
4. An internal part-time worker going on annual leave receives it for two positions at once.

Leave or stay

A part-time woman is employed in an additional position for a relatively short time compared to the main one. Therefore, in the prospect of adding to her family, she needs to decide an important question: whether to leave an additional job or continue her “part-time job” without spending a lot of time on it. Many people decide to do this if they have someone to leave the baby with. This solution has a number of advantages:

• the woman receives additional funds;
• the mother has the opportunity not to get bogged down in the maternity routine and continue to improve as a specialist;
• working skills are not lost;
• psychological relief.

In this case, maternity leave needs to be taken out only at the main workplace, and at the additional one only to go on sick leave relating to childbirth.

Vacation duration issues

The law sets the minimum period of annual rest at 28 days. Paid leave no shorter than this period should be provided to part-time workers, despite the fact that they are employed for significantly less time than in the main position. Since the vacation time of a part-time worker at all workplaces must coincide, there may be various options for combining their duration. How exactly to resolve possible contradictions?

1. At the employee's main workplace, extended leave is provided. What about standard part-time leave? Leave of more than 28 days is granted to certain categories of employees, for example, teachers have the right to rest for 42 days. If at the second job such an employee can only be given 28 paid days for a well-deserved rest, then the remaining two weeks must be provided to him at his own expense.

NOTE! The employer is not authorized to require documents from a part-time employee confirming the dates of vacation in the main position, but this is usually practiced. Such a document can be a certificate from the main employer, a copy of the vacation order, or an extract from the vacation schedule.

2. Some employees have the right to additional leave, which they are given in addition to the main one (for example, those working in hazardous conditions, having small children, disabled people, etc.). Since this right does not disappear at another job, such an employee must receive additional leave there at the same time and of the same duration as at the main one.
3. It may happen that the vacation at the main place of work turned out to be shorter than the vacation at a part-time job. You will still have to go to work at the same time. The employer compensates the part-time worker financially for unused days.

Providing leave to an external part-time worker

Part-time workers go on leave based on the employer’s order. To issue an order, a written application is required with a request to issue a regular or additional vacation of a certain duration in connection with the onset of the vacation period at the main place of work on these days. An employer cannot legally refuse to provide an employee with leave during a designated time period (even if this is additional leave for a part-time worker).

The employee’s application must be submitted to the employer in advance, since vacation pay is paid 3 days before the actual start of the rest period. The applicant may attach to the application a certificate from another employer granting leave on the specified dates. An application for leave from a part-time worker is addressed to the employer and certified by the employee’s handwritten signature; the document may have the following wording:

How do part-timers get paid for vacation?

The same as for key workers - these issues are regulated by the same article of the Labor Code of the Russian Federation. Vacation amounts are calculated based on average daily earnings. For obvious reasons, for part-time workers the amount will be less than for main workers, since they work fewer hours per day, and wages still depend on output.

Unused vacation days are subject to monetary compensation in the same way as for main employees. If there is an overexpenditure of the allotted days taken in advance for rest, then upon dismissal the amount for them will have to be withheld.

NOTE! The terms of vacation payments at different jobs do not differ - the employee must receive the funds due to him three days before the start of the vacation.

How to correctly calculate the amount of payment to a part-time worker for vacation?

Vacation pay for internal and external part-time workers is calculated in the general manner. In this case, you should be guided by Article No. 139 of the Labor Code.

To calculate the amount of vacation pay you need to know the following data:

• reporting period;
• the amount of money earned during this time;
• the number of vacation days due.

Income is calculated for the last 12 months of part-time work. All types of payments provided for by the remuneration system are taken into account. When making calculations, you need to take into account whether vacation is provided in calendar or working days. In the first case, to determine the average daily earnings, it is necessary to divide the annual salary amount by 12 months, and then by 29.3 (the average number of days of the month).

Next, the resulting value is multiplied by the duration of the required paid leave. This will be the amount of vacation pay to be paid. If vacation is provided in working days, then the average daily earnings are determined by dividing the annual salary by the number of days worked during the reporting period. Then the resulting value is multiplied by the duration of rest.

If the part-time worker is internal, then the employer must accrue vacation pay for his main and additional work. The calculation of the monetary amount is carried out according to the approved algorithm, separately for each position. First, the amount of money is determined for the main place of work, and then for part-time work. Then the results obtained are summarized.

An example of calculating vacation pay for an internal part-time worker

Sidorov A.A. At the enterprise ZAO "Vector" he works in the main position of sales manager and additionally performs the duties of a storekeeper. A part-time internal part-time contract has been concluded with him. As a sales manager, Sidorov A.A. has been working since 2014.

He has been performing the duties of a storekeeper for the last 11.5 months. As a manager, Sidorov A.A. receives 40,000 rubles per month. The storekeeper's salary is 30,000 rubles. Apart from wages, the employee did not receive any other accruals.

Sidorov A.A. wrote an application for basic leave, lasting 28 calendar days, from November 25, 2022. First, vacation pay must be calculated for the main place of work.

Average daily earnings of Sidorov A.A. will be 40000:29.3=1365.19 rubles. For 28 days off, he should be accrued vacation pay in the amount of 1365.19x28=38225.32 rubles. Then part-time payments are determined.

The average daily earnings will be 30,000 x 0.5: 29.3 = 511.95 rubles. For a vacation lasting 28 calendar days, Sidorov A.A. as a storekeeper, they must accrue 511.95x28 = 14334.6 rubles. The total amount of vacation pay will be equal to 38225.32+14334.6=52559.92 rubles.

An example of calculating vacation pay for an external part-time worker

Payment is determined only for one position. Ivanov I.P. has been working as a salesperson since 2012. This is his main place of work. Additionally, he has been working part-time as a security guard at TeploSystems CJSC full-time with a salary of 37,000 rubles per month since 2014.

Ivanov I.P. I decided to take a vacation from November 25, 2022 at my main place of work, lasting 30 calendar days. At TeploSystems CJSC he is entitled to paid leave for four weeks.

Calculation of vacation pay from TeploSystems CJSC:

• average daily earnings=37000:29.3=1262.8 rubles;
• vacation pay amount=1262.8x28=35358.4 rubles.

Thus, Ivanov I.P. as a part-time worker, leave will be granted for 30 days. For 28 days, vacation pay will be accrued in the amount of 35,358.4 rubles. The remaining 2 days of rest will be provided at your own expense.

Other types of leave for part-time workers

In addition to annual leave, which provides paid leave and sometimes additional leave, the law gives workers the opportunity to take some other types of leave. He does not refuse this to his part-time partner either. But depending on the types of vacations, there are important features to consider.

Maternity leave, of course, cannot be transferred, so it is issued at all workplaces at once. A sick leave certificate confirming pregnancy at 30 weeks is provided to each employer, for which you need to ask the doctor to write it out in several copies. The expectant mother will receive the payments required by law at the birth of a child from only one employer, and she has the right to choose him herself.

For calculating maternity benefits, at least two years of experience in a particular workplace is crucial.

If it is 2 years or more both at the main job and at another (others), then the part-time mother will receive sick pay for pregnancy and childbirth at all her official places of employment.

Study leave is required by law to be provided exclusively by the main employer; this type of leave is often paid. A student working part-time must balance his strengths, combining not only several jobs, but also studies. If there is enough energy and time for this, then part-time work will not be a hindrance. Part-time students who have received legal study leave from their main job will have to solve the problem of additional employment in one of the following ways:

• take a few days from another job at your own expense for the time necessary to complete a session or prepare and defend a diploma;
• attend an educational institution outside of working hours;
• agree on a special schedule for the period of study, if the employer does not mind and the nature of the work allows it.

Timing of maternity leave

If a woman leaves her job, the terms must be the same at all places of her employment. The law provides her with two types of maternity leave:

• for pregnancy and childbirth - 140 days in the case of a normal pregnancy and 194 in complicated cases (half before childbirth, half after);
• to care for the baby until he turns 1.5 years old (or 3, but the further period is paid only by compensation from the employer in the amount of 50 rubles per month).

You can submit documents to receive benefits within six months after receiving a certificate of temporary incapacity for work - this is a common practice for sick leave. If a woman quits her job and a month or less has passed since that moment, she can bring the piece of paper to her former employer.

Features of vacation registration for a part-time worker

As you know, planning vacation periods at an enterprise involves drawing up schedules. In the case of part-time workers, when you have to focus on the corresponding main work schedule, this may cause some difficulties:

• if a part-time worker knows the “main” vacation schedule, he reports it at another job, and the management enters these dates into the compiled schedule;
• if the date of leave from the main job has not yet been determined, and the part-time schedule is already being drawn up, then the line where the date is indicated is left blank, and in the “Note” column the entry “Part-time” is made;
• for internal combinations, two vacation documents are drawn up, separately for each position; although they will be identical, the differences will only be in the “Position” and “Personnel Number” columns.

Vacation for an external part-time worker - how many days are due?

Part-time workers can apply for the standard duration of regular vacations (regardless of the type of combination - internal or external). How many days of vacation is a part-time employee entitled to: 28 calendar days for each year worked. If a person can apply for an additional period of vacation for his main and second positions while maintaining his average income, these days can be added to the main vacation.

The vacation schedule is formed at the main place of employment, and for non-core work, vacation is granted on the basis of employee applications without taking into account the general priority of vacations in the team. The vacation of an internal part-time worker is marked in the vacation schedule simultaneously with the rest period for the main position. For external part-time workers, the vacation schedule is filled out if the date of vacation at the main place of work is known.