Preferential leave: who is eligible, how is it paid, sample application 2021

04.07.2019

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Every officially employed citizen has the right to count on annual paid leave. In accordance with the law, the minimum rest period is 28 calendar days. According to the Labor Code of the Russian Federation, employees can begin performing official duties after a certain period. The procedure for providing additional days of rest to a limited category of employees is established by internal legal acts and a collective agreement.

Preferential leave: what is it, the essence of the concept

The Labor Legislation describes in detail the right of every citizen to receive a certain amount of rest each year. But there are categories that are entitled to additional break days. This is the so-called preferential break from work. Here they rely on Article 116 of the Labor Code of the Russian Federation.

An employee can count on such a benefit if he belongs to a certain category of citizens, the list of which is established at the legislative level.

Briefly

1. Extraordinary paid leave in the summer can be provided to parents of large families with children under 12 years of age, the father or mother of a disabled minor, as well as a number of employees of various categories on the basis of articles of the Labor Code of the Russian Federation and federal laws: adoptive parents, maternity leavers and their husbands, minor employees, WWII veterans, husbands and wives of military personnel, honorary donors and some others in accordance with the legislation of the Russian Federation.
2. Unpaid summer leave can also be provided at the request of employees with children under 14 years of age or one child if he is being raised only by a father or a single mother; parent of a disabled person under 18 years of age. Employees on the occasion of marriage, the birth of a child, the funeral of loved ones, disabled workers, pensioners and other citizens mentioned in legislative acts corresponding to their status are entitled to it.
3. Preferential rights to summer vacation can also be granted by agreement with the employer.

What categories of citizens are entitled to the supplement?

Here is an example of employees who can count on increased rest:

1. With special types of work activity. An example is medical laboratories working with contaminated biological materials.
2. Persons working in enterprises with a production cycle that poses a health hazard.
3. The presence of irregular working hours, due to which on-site presence may be required equally day and night, on holidays.
4. Those who work in difficult climatic conditions, including in the Far North.

At the regional level, or a specific enterprise may have documents that describe additional conditions related to this area.

Article 122 of the Labor Code of the Russian Federation states that preferential categories of citizens receive basic and additional leaves, regardless of how much experience they have gained at a particular enterprise. The rule also applies to the following persons:

• adoptive parents of children under three months of age;
• employees who are themselves under 18 years of age;
• employees who applied for additional leave after returning from maternity leave;
• those who decided to get one more leave before the start of maternity leave.

What legal norms govern

Each employee is entitled to annual paid leave. This right is guaranteed by the provisions of Art. 124, 114 Labor Code. As a general rule, the duration of annual leave is 28 calendar days under Art. 115 TK.

But there are exceptions to this rule: certain categories of employees are entitled to extended basic leave. In particular, additional education teachers who work with children with disabilities are entitled to 56 days of leave under Art. 334 of the Labor Code and Government Decree No. 466 of 2015.

The right to receive leave arises for an employee after working for six months . This is stated in Art. 122 of the Labor Code. But with the consent of the employer, early leave is allowed. As for additional paid leave, it can also be provided at the employer’s discretion for certain categories of employees who are not entitled to it by law.

The list of employees who can count on receiving additional paid leave is listed in Art. 116 of the Labor Code. The specifics of determining the period for granting leave are prescribed in Art. 120.

In addition to the Labor Code, the procedure for granting additional leave may also be provided for by a collective agreement or other local legal act adopted at the enterprise (in accordance with Articles 8, 9 of the Labor Code).

If there is a trade union organization at the enterprise, the employer must take its opinion into account when determining the procedure and conditions for providing preferential leave.

Labor legislation does not contain a ban on combining vacations (annual paid and preferential) into one vacation.

It is also possible to divide the vacation into several parts by agreement with the employer. In this case, one of these parts cannot be less than 14 calendar days.

About the duration

The Labor Code in Article 120 confirms that vacation does not include holidays and weekends. This is a general rule that applies to everyone.

As for the preferential holidays themselves, their duration is largely related to the basis for their provision. In the case of irregular working hours, they rely on the internal regulations in force for a particular organization. But Article 119 of the Labor Code of the Russian Federation establishes the minimum duration of preferential rest - three days.

When establishing irregular working days, it does not matter whether the citizen was actually involved in overtime work outside the current schedule.

Compensation

It is worth noting that the employer can specify in the collective agreement its own rules for travel compensation for employees . But they should not worsen the guarantees for employees under the Labor Code.

Thus, all employees, regardless of their status, are guaranteed a vacation of 28 calendar days. But some categories of workers can count on extended labor guarantees and the provision of additional vacation days.

In practice, such leave is usually called preferential leave. The main and additional leave together form the employee’s annual paid leave.

The right to preferential leave under the Labor Code is guaranteed to persons with irregular working hours, hazardous working conditions, employees of the Far North and equivalent territories, persons with special working conditions (for example, medical workers working with HIV-infected people). The collective agreement may specify other categories of beneficiaries.

Preferential leave is paid on a general basis based on average earnings.

Some employees are entitled not only to annual paid leave, but also to an additional rest period. This is also paid time, which relates to preferential leave under the Labor Code of the Russian Federation. The grounds for providing such time are specified in Articles 114, 116 of the Labor Code of the Russian Federation. There are other nuances worth studying.

Calculation of vacation pay for preferential rest days

In this case, general rules apply that apply to everyone. They start by determining the average daily earnings for the specified reporting period. The last one is usually taken as the calendar year preceding the application. The result is then multiplied by the exact number of days.

The money is paid to the subordinate at least three days before the break begins. Article 136 of the Labor Code of the Russian Federation confirms this rule. Financial liability applies to employers in case of violation of the specified framework. Compensation is paid for each day of delay.

If there is part of the vacation exceeding 28 calendar days, the employee has the right to replace the vacation with compensation in cash. To do this, submit an appeal to the employer in writing. But there are categories of employees who are prohibited from such substitution.

This applies to the following categories of citizens:

• pregnant women;
• minors;
• working in harmful or dangerous working conditions.

Some categories are entitled to additional compensation for travel and baggage to the holiday destination, in the opposite direction. The main thing is to collect evidence of expenses and provide accounting documents. Employees are entitled to such benefits no more often than once every two years.

In the case of expense reimbursement, payment is made based on the lesser value. The employee independently pays transportation costs associated with traveling outside the Russian Federation.

Registration procedure

Annual additional paid leave is usually included in the appropriate schedule at the enterprise.

If the manager did not provide for the inclusion of grace periods in this document or the employee wants to transfer additional vacation days to another time, then they should be formalized in accordance with the standard procedure:

1. drawing up an application by the employee and submitting it to the head of the company;
2. consideration of the petition by the director of the company with a resolution affixed to the document;
3. issuing a leave order if the boss approves the subordinate’s application;
4. familiarization with the order of the company employee against signature.

The application is written in free form on a regular office sheet or letterhead.

Its structure consists of a header, title, main and final parts. In the test of the petition, it is imperative to refer to the norms of the current legislation, which establish the right to provide additional, refundable vacation days. At the end there must be the date of compilation and the personal signature of the applicant. Sample application for preferential leave:

General Director of JSC "Market"

Voronov A.A.

senior seller

Samoilov Evgeniy Andreevich

Statement

I ask you to grant me, in accordance with Article 119 of the Labor Code of the Russian Federation, additional leave with pay lasting three days from November 18 to November 20, 2019 for an irregular work schedule.

11/11/2019 (signature) E.A. Samoilov

An order for registration of days off is drawn up according to a unified template. The Resolution of the State Statistics Committee of Russia dated January 5, 2004 approved the form of such documents - T-6. The use of company letterhead is permitted.

The order must contain the following information:

• organizational and legal form of the company;
• OKPO code;
• company name;
• last name, first name, patronymic of the employee;
• subordinate position;
• the structural department in which the employee works;
• start and end dates of additional vacation days;
• type of leave;
• total duration of rest;
• surname and initials of the company director;
• a note indicating that the employee is familiar with the order.

A sample order for preferential leave is available.

It is important for the employee to wait for the order to be issued. After all, the manager may not approve the request or set a different start date for the vacation. Absence from work in this case will be considered absenteeism. Only after reading the order and signing it, the employee has every right to go on vacation.

Law on preferential leave for northerners and rules related to their family members

Family members are considered to be spouses or minor children living with a citizen at virtually the same address. Those who are dependent are often subject to registration.

Some companies add full-time minor children to family members. Benefits up to 23 years of age are provided by the following companies:

• Surgutneftegaz;
• Gazpromneft;
• Lukoil;
• Slavneft;
• Rosneft.

Some companies allow collective agreements to be drawn up with the condition that the citizen’s wife also receives compensation if necessary. The main thing is that she does not take advantage of the right to preferential leave in the same year as her husband.

Family members must also live in the Far North or other areas with the same significance. Otherwise, no compensation is due.

Procedure for granting leave and sample application

Preferential leave is issued according to the same rules as regular leave. After submitting the application, the employer must review it and make its decision. An application for preferential leave must contain the following information:

• The full name of the person to whom this statement is written (usually the owner of the organization).
• Full name of the employee who is completing the application.
• A clear and clear request from the employee, which indicates the days for which he wants to receive leave (if the applicant wants to exchange preferential leave for money, then this fact must be reflected in the application).
• Grounds for receiving preferential leave (for example, people who work in hazardous industries must reflect this fact in the application).
• Full date and signature of the employee.

If approved, the employer must notify the employee at least 2 weeks before the preferential leave. Before going on vacation, the employer must pay the person vacation pay. If during a vacation a person plans to relax in another region or in another country, then in this case he can receive additional compensation for travel expenses.

In this case, compensation applies not only to the employee himself, but also to all members of his family who will rest with the employee.

To receive such compensation, you must provide documents that confirm travel expenses (confirm the purchase of tickets), as well as a certificate of family composition (confirm that the employee spent money on moving only family members).

Where can I get the document?

The employer should help with the preparation of the benefit certificate, since this is the authority that prepares this kind of documents. If an employee requires a preferential certificate, you need to contact the personnel department of your enterprise, writing an application for the issuance of the document. The certificate must be prepared within three days, after which the employee will be able to pick it up.

In practice, there are cases when the enterprise where the future retiree worked is liquidated. Then you need to go to the archive, which contains all the official papers of the liquidated organization.

Elena Smirnova

Pension lawyer, ready to answer your questions.

Ask me a question

It is through the archive that you should receive written confirmation of work experience in hazardous production.

Sample certificate of non-use of discounted travel on vacation

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sample certificate of non-use of discounted travel on vacation

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A certificate issued by the place of work regarding the employee’s non-use of carer’s leave.

Sample certificate of leave from work

Attention

Since his last working month was more than half worked, it is taken as a whole month in the calculation. That is, the period of work of an engineer at Kaleidoscope LLC for the purpose of calculating compensation is 1 year and 4 months.

The number of unused vacation days will be: 23.3 days. (28 days + 28 days/12 months

x 4 months – 14 days). Taking into account rounding: 24 days. Compensation for missed vacation upon dismissal in 2021 is equal to: RUB 38,928.

(24 days x 1622 rubles) Compensation for unused vacation: when paid The employer must pay the employee in full on the day of his dismissal, i.e. on the last day of his work (Article 140 of the Labor Code of the Russian Federation). During this period, the employee must be paid the salary and bonuses due to him, compensation for unused vacation, as well as other compensation provided for by law, labor or collective agreement, local regulations.

Calculation note upon dismissal (form T-61)

Form of note-calculation upon dismissal according to form T-61 • Download the current form T-61 (Excel format). • filling T-61. A settlement note in form T-61 is drawn up upon dismissal of an employee in order to make the final calculation of wages, as well as other payments. Form T-61 is filled out on the basis of settlement and payment documents, statements that contain information on various charges to the employee (wages, bonuses, allowances, etc.). The settlement note upon dismissal is a two-sided form. On the front side (filled out by the personnel officer) information about the organization, the employee and the employment contract in force between them is reflected. On the reverse side (filled out by the accountant) vacation pay is calculated.



The application should be completed in any form and brought to the head of the preschool institution a few days before the vacation date.

Document submission deadlines

The completed package of papers can be submitted one day before the right to early retirement benefits, but no more than one month. A preferential certificate can be prepared in advance so that the process of working on the application and the assignment of payments itself is not delayed.

Pension Fund employees are given 10 working days to review all papers. In case of inaccuracies, errors, or lack of necessary documents, the potential pensioner has another three months to make the necessary corrections.

If you find an error, please select a piece of text and press Ctrl+Enter.

Realization of the priority right to rest in the summer

In most cases, the law provides a guarantee to the employee who has the right to priority choice of rest time that his opinion will be taken into account when drawing up the schedule. However, a large work team does not always agree on who is entitled to vacation in the summer in the first place.

To some extent, these benefits dictate the terms of the employer. However, he has the right to draw up his own vacation schedule. Therefore, it is in his interests to include certain benefits in the collective or employment contract with a certain employee.

In general, currently established judicial practice allows employees who have the right to rest at a time convenient for them to unilaterally change their vacation time without relying on the schedule.

Therefore, to summarize, we can recommend that employers accommodate the preferential category of employees who are entitled to vacation in the summer if they need to change their vacation schedule. If it is not possible to provide vacation during the period they requested, then it is better to agree on another time rather than categorically refuse.

Right to use

An employee who has worked continuously for 6 months for an employer is entitled to receive annual leave. In some cases, it is provided at the request of the employee and before the expiration of this period:

• for female employees - before or immediately after maternity leave;
• minor workers;
• adoptive parents of a child (or children) who have not reached three months of age;
• in some other cases provided for by the Federal Law.

  

What should the document contain?

In general, the paper should contain the following components:

• details of the enterprise, organization, institution, address of their location and contacts;
• number and date of issue;
• Full name of the addressee;
• the main part, which indicates that the recipient of the certificate did not use the days of preferential leave, the dates of these days;
• Full name of the head of the organization, chief accountant and their signatures.

The specific content and details of the document are not standardized by law. They can only be judged on the basis of labor relations practices.

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Who has benefits (preferences) for vacation

Despite the fact that usually the wishes and home events of employees are taken into account when drawing up a vacation schedule, in the event that the rights of employees are violated, it is fundamentally important to have documentary evidence that the leave was requested by the employee on time. You need to write an application asking for leave for a certain time, give the document to your boss for certification, and upon completion, take a copy from it.

• Persons who work part-time (they are granted leave at the same time as leave for their main job, Article 286 of the Labor Code);
• Soldiers' wives at the same time as soldiers' leave (Art.

Based on this, some misunderstanding arose. Yes, a lady with one child does not have the opportunity to first take a vacation at a time that is convenient for her. But for a lady with two or more children, the situation is not so clear.

Summer vacation: who is entitled to it first by law?

Most people prefer to relax in the summer. You can go to the sea, to the forest to pick mushrooms, work in the country, kayak down the river, go hiking, or spend more time with children who are also on vacation from school and kindergarten. But is everyone entitled to a summer vacation? First things first. The resolution of the USSR Council of Ministers, adopted more than 30 years ago, is still in effect today, which is confirmed by judicial practice. We are talking about holidays for mothers of two or more children under 12 years old. Thus, a mother with one minor child does not have the right to apply for a vacation exclusively in the summer, and a mother of two children under 12 years of age has the right to choose the appropriate time herself.