11.08.2019
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4 min.
The Labor Code provides all working citizens with a guarantee of paid rest annually, for a period established by the state. In its standard form, it is at least 28 days, for teachers – from 6 to 8 weeks, and for military personnel – up to 1.5 months. We will find out how many vacation days a kindergarten teacher has from the article.
Types of leave for teachers
Teaching staff are a separate category of citizens employed in educational institutions. Many people mistakenly believe that teachers work only in schools - this is not so: all employees whose field of activity is related to the education of schoolchildren, students, graduate students, etc. are considered as such.
Issues of granting leaves to teachers are regulated by the following legislative acts:
Art. 333 Labor Code of the Russian Federation
“Length of working hours for teaching staff” (more details)
Art. 334 Labor Code of the Russian Federation
“Annual basic extended paid leave” (more details)
Art. 335 Labor Code of the Russian Federation
“Long leave for teaching staff” (more details)
Federal Law dated December 29, 2012 No. 273-FZ
“On education in the Russian Federation” (more details)
Decree of the Government of the Russian Federation of May 14, 2015 No. 466
“On annual basic extended paid leave” (more details)
Decree of the Government of the Russian Federation dated August 8, 2013 No. 678
“On approval of the nomenclature of positions for teaching staff of organizations engaged in educational activities, positions of heads of educational organizations” (more details)
Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 No. 1601
“On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, stipulated in the employment contract” (in more detail)
Let’s consider all types of leaves in more detail:
| View | Duration | Who is entitled to |
| Next | Depends on the type of teaching activity | For educators, speech therapists, school teachers, and university employees, subject to several criteria in terms of the length of the working week:
|
| For pregnancy and childbirth | Depends on pregnancy:
| To all employees upon provision of sick leave |
| Extended | Up to 1 year every 10 years | Employees involved in defending dissertations, undergoing additional training, etc., if their work experience in accredited institutions is at least 10 years |
| Additional | For residents of the Far North - 24 days, for teachers from equivalent areas - 16 days | Only for teachers living in the northern regions |
Features of granting leave to kindergarten teachers
Depending on what category the kindergarten teacher belongs to, the duration of his leave can range from 42 to 56 days. The longest rest is given to teachers working with very young children. The shortest is usually intended for methodologists, senior group leaders, and the director of the institution. At the same time, educators cannot independently choose the months in which it will be convenient for them to rest. When drawing up the schedule, the authorities take into account periods when the influx of children in the kindergarten increases several times, or, conversely, decreases.
It is important to know! Based on this data, free days for vacation are selected for teachers (the only exception is the manager, since he can go on leave at any time convenient for him).
Kinds
The number of vacation days for kindergarten teachers depends not only on their category, but also on the type of dismissal. There are three in total:
- The next annual one is provided to all personnel according to a pre-planned schedule. Such vacations last the longest and are paid for by the state, at the average daily rate of a teacher;
- Extended leave - provided for educators working with “special” groups (disabled children undergoing psychological correction, etc.). It can also be provided to an employee who has undergone advanced training the day before;
- Additional rest - at your own expense, at your personal request. During its duration, the state does not pay any benefits to the teacher, but guarantees that he will retain his job. The reason for refusing an employee extraordinary time off may even be the possibility of a deterioration in the educational process.
Also, the duration of dismissal for employees of preschool educational institutions is regulated by the general articles of the Labor Code of the Russian Federation. Therefore, if sick leave is issued, the kindergarten teacher’s vacation will last for as many days as indicated on his certificate of incapacity for work. The extension of days off in this situation occurs automatically, without the consent of management (Part 1 of Article 124 of the Labor Code).
Time relax
As in other educational institutions, the presence of the smallest number of children in kindergarten occurs in the summer. Therefore, most teachers go on vacation from June to August. However, even during this season there will be children within the preschool educational institution. Therefore, a minimum part of the staff, including at least one teacher, must go to work.
Slightly different rules govern the procedure for granting regular leave to the head of an enterprise. The Labor Code allows him to go on vacation at any convenient time. But in the period from August to October, the number of new children in kindergartens increases sharply, so it is advisable for the authorities to be at work during this period, not at home, receiving parents and registering children in preschool educational institutions.
Duration
The minimum duration of leave for kindergarten teachers of the smallest category reaches 42 days. For teachers involved in caring for special groups of children with mental disorders or disabled children, this period increases to 56 days. Having worked in a preschool educational institution for more than 10 years, each employee also receives the right to a long leave of absence for a period of 12 months, while maintaining his salary and position.
If we are talking about extraordinary leave, which is provided at a personal request, then its duration cannot exceed 10 days. The only exception in this case is the issuance of a sick leave certificate, since this document automatically extends any employee’s vacation for the period established by the doctor.
Vacation calculation rules
All officially employed citizens of the Russian Federation are entitled to leave, regardless of their position and work experience. A guarantee for a long vacation is provided not only by the Labor Code of the Russian Federation, but also by Art. 37 of the Constitution. At the same time, the manager can only establish a certain sequence of dismissals for staff, but not cancel them or postpone them to the next year.
The boss himself must draw up the vacation schedule in tandem with the trade union committee, which, in turn, takes into account the wishes of individual teachers regarding their rest periods. If an employee of an educational institution has part-time status, and the position of a teacher is secondary for him, then his right to time off will be subject to some priority in relation to other employees.
Attention! In this case, the duration of rest consists not only of the teacher’s work shifts, but also of his days off, although the amount of vacation pay in this case is calculated based on the daily rate of the subordinate, for all calendar days (from 42 to 56 days).
How to get long leave for a teacher
The use of long leave by teaching staff raises the most questions, so it is worth considering all the nuances about it in more detail. As mentioned earlier, it is provided for a period of up to 1 year to all employees of educational institutions whose experience is at least 10 years.
To take advantage of such leave, a teacher must meet the following criteria:
- 36 hour work week;
- Employment as a main employee, and not part-time.
It is recommended that teachers notify managers about going on long vacations several weeks before they start, so that they have the opportunity to make changes to their curricula.
Application for long leave of a teaching worker (sample)
Expert commentary
Kamensky Yuri
Lawyer
Note! By law, educational institutions are not required to pay long-term vacations to their employees, but while they are provided, employees must retain their jobs and workloads. Payment is possible only if it is provided for by the collective agreement at the expense of funds received by the establishment in the form of independent profit.
Let's look at a practical example:
Citizen Gondusova E.O. works as a teacher at the lyceum, experience – 11 years. It took her a lot of time to write her PhD thesis in her specialty, so she decided to take advantage of the additional leave. To do this, she turned to the director with a corresponding statement. After a series of approvals, an order was issued to replace Gondusova E.O. assigned another teacher for a period of 6 months. When the vacationer left, she was able to continue working as before.
Legal basis for receiving paid leave
The right to rest annually arises for any employee of a preschool pedagogical institution automatically upon admission to any position. However, an employee will be able to take advantage of his legal days “without work” only under the following condition: he must have worked for at least 6 months at the time of receiving leave.
After six months of work, the employee can either immediately go on legal rest, or demand from the employer a portion of the rest days, no more than 14 days. Later, the teacher can take legal vacation days at any time during the working year.
The working year is a special indicator that begins from the day the teacher is hired at the place of work. Working years are counted only in one organization, and when moving to another, the countdown date changes and working years begin to be calculated anew.
Duration of annual leave depending on the type of teaching staff
The duration of annual paid leave for teachers is regulated by Decree of the Government of the Russian Federation No. 466, which states that it depends on the category of the teacher himself and the type of his activity:
| Type of teachers | Duration of vacation (days) |
| Heads and teachers of preschool educational institutions | 42 |
| Employees of educational organizations involved in identifying children with outstanding abilities | 42 |
| Heads and teachers of kindergartens and other preschool educational institutions of a correctional type or for children in need of special treatment | 56 |
| Teachers and heads of additional education institutions (music schools, art schools, etc.) | 56 |
| Teachers of socially significant institutions providing psychological, medical and social assistance | 56 |
| Employees of organizations for orphans and those left without parental care | 56 |
| Institutions of additional education not related to art | 42 |
| Employees of additional education institutions working with disabled children | 56 |
| Teachers and music directors of preschool educational institutions working with disabled children | 56 |
| Teachers and music directors | 42 |
Expert commentary
Gorchakov Vladimir
Lawyer
The start date of vacations depends on the workload of teachers and is determined by managers. For example, if a teacher’s duties include accompanying children to the Unified State Examination, his rest will begin no earlier than the day following the date of the last exam at which he must be present. Such issues are resolved internally.
How are vacation pay calculated for teaching staff?
Vacation pay is calculated taking into account the average daily earnings multiplied by the number of days of rest. What is taken into account when calculating salaries:
- salaries;
- overtime activities and hours of work;
- regional coefficients;
- class management;
- bonuses for merit, part-time work, etc.;
- bonuses;
- payments for checking homework;
- classroom management.
An accountant does all the calculations. How this happens in practice:
A woman works as a teacher at an art school. She is entitled to 56 days of vacation, the start date is June 1, therefore, the previous 12 months will be taken into account:
| June 2018 | Excluded because vacation is not taken into account when calculating average earnings |
| July | |
| August | |
| September | 15 583 |
| October | 15 478 |
| November | 16 437 |
| December | 15 279 |
| January 2019 | 17 583 |
| February | 16 476 |
| March | 16 387 |
| April | 17 546 |
| May | 17 778 |
Now you need to calculate your total earnings for the whole year:
15,875 + 17,598 + 16,094 + 15,583 + 15,478 +16,437 + 15,279 + 17,583 + 16,476 + 16,387 + 17,546 + 17,778 = 198,114 rubles. – earned over the past 12 months.
During the specified period there were 247 working days - they are used to calculate the average daily earnings:
198,114 / 247 = 802.08 rubles. – average earnings per day.
591.85 x 56 = 44,916.48 rubles. – total for payment of vacation pay.
Additional payments to educators: latest changes
Based on current legislative acts, in 2021 teachers can receive additional payments for any of the following reasons:
- for productive work and good results;
- for length of service;
- quality of work, etc.
The amount of bonuses is regulated by local regulations and internal documents of the educational institution. However, it is worth considering that at least 30% of the wage fund should be formed specifically for such allowances and bonuses.
