The employee came to work after delivery
Let's consider a situation where an employee, after donating blood, came to work and provided a certificate of release from work for that day. In addition, he applies for additional rest the next day. Here is a sample of such a statement.
SAMPLE APPLICATION
To such an application, the employee must attach a certificate issued to him by a medical institution confirming that on that day he donated blood and its components.
Important! It is impossible to force an employee to warn about his intention to donate blood and apply for additional rest.
After the employee has written a statement, the employer puts a resolution on it and transfers the document to the personnel department. Based on this application, an order is issued to provide a day for rest to the donor, as well as payment for such a day based on the amount of average earnings (186 Labor Code of the Russian Federation). The order is presented to the employee against his signature.
The donor employee must be given two days off - on the day of delivery and an additional one - on the next day. In this case, an additional day of rest can be added to the employee’s vacation if desired.
What does the Labor Code say?
Every citizen can fulfill his public duty and donate blood or plasma for the needs of people suffering from serious illnesses and in need of urgent blood transfusions.
At the same time, the future donor has the right to go to a medical institution on any day, including a working day, with exemption from immediate duties and maintaining average earnings for two days, which include an examination before blood collection and the direct donation of donor material. If, on the day of donating blood or plasma, the employee begins his duties , then, in accordance with Article 186 of the Labor Code of the Russian Federation, the company management is obliged to provide him with another day of rest, in return for the unused one, and with payment at the average rate. And on the basis of Part 4 of Article 186 of the Labor Code of the Russian Federation, the worker is entitled to another day off as a thank you for fulfilling his public duty with the opportunity to rest immediately after drawing blood or to postpone the agreed day to another convenient time, including with the possibility of joining it to main vacation.
That is, in fact, for donating donor material, a conscientious employee, within the framework of the law, has the right to count on two days off , which are called donor days, and the opportunity to use them at a convenient time at his own discretion. Also, in addition to rest, in accordance with Article 22 of Federal Law No. 125, the person who donated biological material has the right on the day of collection to receive free food or compensation in the amount of 5% of the subsistence level, that is, 534 rubles for each blood donation session.
The employee did not show up for work on the day of delivery
Let's consider a different situation when an employee comes to work only the day after donating blood. He brings a certificate and writes an application for a day off.
Of course, it would be a good idea for the employee to notify the employer in advance that he will be donating blood as a donor, and therefore will be absent from work on certain days. However, the employer does not have the right to demand such a warning from the employee.
Important! Based on Law No. 125-FZ of July 20, 2012, employers must provide their employees - donors with compensation and guarantees in accordance with Article 186 of the Labor Code of the Russian Federation.
Since the employer does not know the reason for the employee’s absence, a designation corresponding to absence for an unknown reason is entered into the time sheet - “NN”. However, his absence from work is not considered a violation. Based on the certificate presented to them, adjustments are made to the working time sheet.
It is also impossible to force a donor to write an application to provide an additional day off for rest, but the employer may ask to do this.
Design rules
Download a sample application for donor days.
In accordance with local acts, such as Labor Regulations and an employment contract, the worker is required to be present at the place of work during working hours within the approved regime. If for some reason an employee is absent from the enterprise, a package of documents is drawn up that confirms the validity of the absence and material support or its deprivation.
In particular, to begin with, a memo is drawn up or a certificate of absence is provided, on the basis of which an order is drawn up about the worker’s absence from the workplace on legal grounds. Accordingly, after the publication of the agreed documents, a certain letter code is entered in the output sheet, according to which payment for days worked is made after the expiration of the accounting period.
Naturally, absence from the enterprise in connection with blood sampling is no exception, which also requires documentation confirming the worker’s absence from the place of work, and allows one to justify the provision of subsequent days of rest in accordance with the law. However, due to the fact that at the legislative level the procedure for documenting the days of blood donation is not regulated, some difficulties arise that can be avoided by applying an algorithm of actions confirmed by established practice.
Body check
Not every person can become a donor, since some diseases suffered earlier affect the quality of blood and plasma. It is also prohibited to take blood from a person for several weeks after suffering from an illness, even such as a common cold. That is why, at the legislative level, a condition is provided for a mandatory medical examination before submitting biological material, and, accordingly, exemption from work for the period of undergoing a medical examination.
At the same time, by virtue of the norms of Federal Law No. 125, an employee does not need permission from the company’s management to carry out public duties, therefore, he does not have to write a statement, but the employee also cannot be absent from work without explanation. Therefore, the donor should, at a minimum, notify the management orally about his absence, which will then be confirmed by certificate No. 401/u about the examination from the medical institution.
One more nuance should be noted. On the day of the examination, the employee is relieved of his duties for the entire shift , but at the same time with a guarantee of payment for the specified day at the average amount. That is, the worker cannot go to work on the day of the examination, especially under the condition that the agreed day of examination is postponed to another period. After all, the law assumes that a worker will be absent all day, given that he needs to visit a certain number of doctors and undergo a series of tests.
By the way, in Article 186 of the Labor Code of the Russian Federation there is no direct indication of payment for the day of examination , therefore many employers require registration of this day in the form of administrative leave, which, in fact, is contrary to the law. In particular, the cash register. Determination No. 33-4615/12 made a decision to pay for the day of examination in the amount of average earnings due to the fact that the medical examination is inextricably linked with donation and is, in fact, the fulfillment of a public duty, which, in accordance with Article 165 of the Labor Code of the Russian Federation, is subject to payment at the expense of company funds.
Blood donation
In accordance with Article 186 of the Labor Code of the Russian Federation, a worker is released from duties on the day of donation of biological material, again without agreement with the employer, which implies an oral warning about absence from the place of work, followed by confirmation of blood donation by providing certificate No. 402/u , which in fact, it becomes the basis for paying for the day of blood sampling and providing another day of rest subsequently.
But again, an order for the enterprise is not issued, and the absence of an employee in connection with the performance of a public duty is noted only in the report card with the letter code “G” and an amount equal to the length of the employee’s shift on the agreed day. At the same time, if an employee nevertheless went to the enterprise on the day of blood sampling in agreement with management, it is advisable to fill out an application due to the fact that the procedure for paying for hours of labor and blood sampling differs, and the consent of the boss must be recorded.
So, in particular, the employee is recommended to write a statement in which he asks to be allowed to perform his duties from such and such an hour after donating blood. In turn, the manager must impose a resolution that there are no objections, thus initiating payment for subsequent hours in accordance with the salary system, and not at the average rate.
By the way, an application in such a situation is also drawn up due to the fact that, on the basis of Article 186 of the Labor Code of the Russian Federation, when going to work on the day of blood sampling, the worker is required to be given another day of rest, accordingly, there must be written confirmation that the worker has worked for the agreed period, and Didn't use it for recreation.
Additional day of rest
Of course, not all citizens are donors, and, therefore, have the right to additional days off, and even paid ones, but, nevertheless, if the company employs at least one conscientious employee-donor, it is recommended to keep a separate journal to record donor days . The agreed document should reflect the date of blood donation, the certificate number, and whether the donor day was used immediately or the employee chose to leave it for later.
It is also recommended to determine the procedure for implementing donor days in local acts, taking into account that the law gives the donor the right to use an earned day off at any time at his discretion, without taking into account production needs. In particular, it is possible to stipulate a condition for providing a donor day immediately after blood sampling or its addition to the main vacation in the collective agreement.
If such a condition is not initially fixed, the employee will be able to submit an application for donor days , which, by the way, can be summed up for several blood draws or added to vacation, again by submitting an application, on the basis of which a rest order will be issued.
The donor employee came to work only after rest
A different situation arises when an employee is absent from work for two days - on the day of the blood donation and the next day. After this, he presents a certificate stating that he donated blood as a donor]. In this case, the employee will also not violate labor laws. And for the employer this is the easiest option to apply for. Due to ignorance, the reason for the employee’s absence from work is indicated on the report card for two days. After the employee provides a certificate of donation, adjustments will need to be made to the timesheet. Based on these adjustments, the employee will be paid for such rest days. The employer does not even need to issue an order, since there is no need to do this retroactively, and the employee has already used the allotted day for rest.
An employee can also donate blood during his vacation, or on a weekend or non-working holiday. For example, he donated blood during his vacation, and left it only after it ended two days later. The employee is also not obliged to warn about this; the main thing is that he provides the appropriate certificate upon returning to work.
Seniority
In accordance with Article 11 of Federal Law No. 400, the length of service giving the right to a pension includes all periods during which the employer or the citizen himself transferred contributions to the pension fund. At the same time, the letter of the Ministry of Health and Social Development No. 784-16 states that payment for donor days in the amount of the average salary is subject to insurance contributions in full. That is, in fact, the agreed donor days are included in the total length of service along with other periods of work activity.
Also, on the basis of the letter of explanation of the Pension Fund No. 06-28/10740, donor days are also subject to credit towards preferential length of service , if the employee holds a position with harmful working conditions and has the right to early retirement, in accordance with Federal Law No. 400, in connection with the fact that the time sheet indicates the fully worked shift, and also transfers insurance premiums.
The rights of blood donors are described in the following video:
The employee went to work, but plans to use the day off another time
An employee may not use his additional day off immediately, but at another convenient time. He can use it in conjunction with annual leave or at other convenient times.
Important! Within a year after donating blood, the employee must use his additional day off.
In this case, writing an application is also not required, however, in order to use your day off in the future, you still need to write an application. An employee can independently determine a day of rest, but it is better to notify his employer about this in writing.
Donor days during shift work
Labor legislation provides donors with two days to rest and recuperate. However, it does not take into account the specifics of constructing a work schedule:
- five or six days with an eight-hour working day;
- in two or three days;
- Twelve hour shifts with two days off.
The Labor Code of the Russian Federation does not contain provisions regarding the procedure for issuing, registering and paying for time off when carrying out work activities with a shift schedule. Such information can be found in letters No. 3287-6-1 of 2009 and No. 402-6-1 of 2012 of the Federal Service for Labor and Employment. They say that the time off should coincide with the work shift, but the duration of rest will be no more than eight hours. If it lasts longer (12, 42 hours), the missing time must be made up in the form of modifications. Everyone knows how long a donor certificate for time off is valid. Therefore, it is recommended to use rest days before the end of its term.
How to arrange rest days for a blood donor
Thus, the procedure by which days of rest are issued to the donor is not precisely defined. The design will depend on how exactly the employee uses his additional days off. The employer cannot influence the employee’s choice; he only must take into account how the employee manages his days off when preparing the documents.
For example, if an employee can apply for additional leave only within a year from the date of blood donation. In this case, the employee will no longer be able to attach a certificate of donation, since he has already presented it to the employer earlier. But in the application, the employee can refer to this certificate. Here is a sample application for such a case (
Time off for donating blood
The provided non-working days for the purpose of donating blood are a motivation for working citizens to join the ranks of Russian donors. For this purpose, the most comfortable conditions are created that allow you to save free time and receive paid time off during the year for donation.
Legal regulation
The labor legislation of the Russian Federation provides certain benefits and privileges for working citizens who wish to donate blood free of charge. According to Law No. 125-FZ, management is obliged to provide social guarantees to donors. Detailed explanations are contained in Art. 186 of the Labor Code of the Russian Federation, which clearly indicates that an employee has the right to receive a three-day exemption from work duties.
- When a medical examination is ordered to confirm the absolute health of the donor. It is carried out the day before the blood draw. A person confirms his absence from work with the appropriate document - a certificate in form 401/у.
- On the date of donation. After completing the procedure, the employee is supposed to rest, therefore, he can take a break from work. The supporting document is considered to be a certificate in form 402/у.
- On any other day. The employee has the right to take additional time off at another suitable period for him. In practice, it is often added to annual leave.
In addition to a two-day rest for rehabilitation, donors are entitled to other benefits, which are reflected in Law No. 125-FZ.
- Providing enhanced nutrition after a person donates blood. These are meat, chocolate, dairy products. If you refuse lunch, you can replace it with red fish, caviar, and juices.
- Vouchers to a resort or sanatorium at a reduced rate. They are provided to individuals who have donated the maximum volume of blood twice in a year.
Additional privileges are provided to employees who have received the title of “Honorary Donor.”
- Extraordinary treatment in public clinics and medical institutions.
- Discounts on the purchase of medicines.
- Providing a vacation period at a time convenient for the employee.
- Purchasing sanatorium and resort vouchers on a priority basis and with a 50% discount.
- Receiving an annual cash bonus (the amount in 2021 was 14,105 rubles).
Attention! Based on the above, you should once again be convinced that donation is a noble cause. By sharing your own blood, you can help those in need, and you can quickly recover if you rest on the days provided.
What day can I take it?
In addition to the two days during which the medical examination and blood sampling itself were carried out, each donor is entitled to another non-working day for rehabilitation. If, after completing the procedure, he returned to work to perform labor functions, he is entitled to two days off.
Since it is permissible to donate whole blood - CC no more than five times, and plasma - no more than twelve times per year, then during the billing calendar period the donor is able to accumulate from five to twenty-four vacation days in excess of the norm. If an employee visited the transfusion station on weekends, holidays, or while on vacation, this day is counted toward one more time off.
When a subordinate decides to perform labor functions immediately after the end of the donation procedure, he must agree on this possibility with his superiors.
- If the initiator is an employee, he must submit a petition and obtain permission, since persons engaged in hard work and hazardous work are prohibited from working on this day.
- If the proposal comes from management, it is obliged to draw up an order requiring the subordinate to go to work on a specified date, but he has the right to refuse.
All donor days received are a benefit valid for 12 months from the date of donation, so the employee is obliged to take advantage of it during this period. He has the right to arbitrarily choose vacation dates and indicate them in his application.
Paid time off for donating blood
Part 5 of Article 186 of the Labor Code of the Russian Federation states that the employer is obliged to maintain wages when calculating funds for time off. The recalculation procedure is based on such a concept as average daily earnings. Its size is determined as follows. The annual salary is summed up along with bonuses and other compensation and divided by the number of working days actually worked. If less than a year has passed since employment, then the earnings for all months of stay in the company are added up.
If time off is added to the next vacation, the calculation must be carried out separately, since when calculating vacation pay, the average number of calendar days worked is taken as the basis. It should be remembered that all taxes and contributions are charged on compensation for time off, as well as on wages.
