In this article we will look at what a donor certificate is. The highest value on earth is human life. Every person has the opportunity to save someone’s life without making any special efforts - you just need to contact a specialized medical organization to donate blood. Legislation provides for the provision of a number of compensations and various benefits for donation. The main privileges for donors are:
- food on the day of blood donation;
- providing a day off on the day of blood donation, as well as the next day or any other day convenient for the donor;
- providing a day off to undergo a medical examination.
The procedure for privileges is regulated by legislative norms, namely the Labor Code, Article 186. The most significant benefit for the donor is the provision of days off at the place of employment. Labor legislation establishes the period during which a donor certificate is valid - one year from the date of its issue. For example, on February 20, 2021, a person donated blood and received the corresponding document. It will be valid until February 20, 2021. This means that a citizen has the right to ask for a day off from his employer on any day from this period. You can choose a day of rest at your own discretion; you can also extend your annual leave for this day. The validity period of this document is strictly regulated by law.
State guarantees for working donors
A complete list of measures to support donation is given in Art. 186 Labor Code of the Russian Federation. Persons who donate blood for a fee or free of charge are entitled to the following benefits:
- during the validity period of the donor's certificate, you can get a second day off after the date of donation;
- on the day when the employee undergoes a medical examination for subsequent blood donation, the employer must relieve the employee from performing official duties while maintaining average earnings;
- if an employee does not show up for a work shift due to donating blood, this is not considered absenteeism (provided that the official presented a donor certificate; how many days it is valid is determined at the federal level);
- receiving time off for the day when the donation was made, if it was during the vacation period or on holidays, weekends.
An employee can take advantage of any benefit provided that the deadlines for documenting the fact of donating blood or its individual components are met. After the medical examination and donation, the individual is given documents indicating the date of the event and the essence of the procedure. How long is a donor certificate valid - 1 year after the date of its preparation.
If you submit an application and certificate on the second day of rest after the expiration of the annual interval, the employee will not be able to take advantage of the right to additional time off; the benefit will expire. Temporary restrictions are provided only for additional rest time. In situations where a certificate is needed to justify the reasons for absence from work, there is no statute of limitations.
What is the validity period of the donor certificate?
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A selection of the most important documents upon request. Validity period of the donor certificate (regulatory acts, forms, articles, expert consultations and much more). Regulatory acts: Validity period of the donor certificate “Labor Code of the Russian Federation” from N 197-FZ (as amended from )
After each day of donating blood and its components, the employee is given an additional day of rest.
The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donation of blood and its components. It follows from this that donor time off is “more expensive” than vacation pay, and they must be accrued separately. Example. Employee NN has an average monthly salary of 30 thousand rubles. She has 1 day of additional rest, which she wanted to add to her next vacation.
- Calculation for vacation pay:
- 30 thousand x 12 = 360 thousand - the employee’s annual salary.
- 29.5 x 12 = 354 – the average number of calendar days per year.
- 360,000: 354 = 1016.95 (rub.) - the cost of 1 day of vacation pay.
- Calculation for donor time off:
- 360,000: 248 (number of working days in a given year) = 1451.6 (rubles) – the cost of one donor’s time off.
It should be taken into account that payment for donor leave is subject to income tax and insurance contributions.
If the donor has changed jobs
The issue of providing additional time off for donation when changing place of employment is not regulated by law. For example, the expiration date of the donor certificate has not expired, the person quit his previous job without taking advantage of the right to a second day of rest. The individual wants to receive this time off from the new employer. The complexity of the situation is that the person did not violate the time restrictions on the use of his benefit, but the new employer has no relation to the case of blood donation that occurred while working for the previous employer.
Rostrud in Letter No. 2029-6-1 dated 07/08/2011 explains that the donor does not have the right to use additional days of rest at the new place of work for donating blood at the time of employment in another company. How long the donor certificate is valid in this case is only until the termination of the employment relationship with the previous employer. But in judicial practice there were precedents when a judge ruled in favor of the donor and not the employer.
The second controversial situation is that a citizen donated blood during a period when he was not officially in an employment relationship with anyone. He requested time off (the second day of rest) from the employer for whom he got a job after the date of the donation. The certificate is valid, but the employer did not have such an employee on staff as of the specified date. In court, the employer can focus on the fact that state guarantees to donors under Art. 186 Labor Codes apply exclusively to working individuals, but these support measures are not relevant to unemployed individuals.
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29.09.2018
How long is a donor certificate valid?
The highest value on earth is human life. Each person can save the life of another without making much effort by coming to a medical facility and donating blood. The legislation for donation establishes a number of compensations and benefits for such people. The privileges of donors include:
- day off on the day of donation;
- day off on the day of the medical examination;
- day off the day after the day of donation, or on any other day;
- provision of food on the day of donation.
The procedure for granting all privileges is set out in detail in Article 186 of the Labor Code. The most significant benefit for the donor is considered to be days of rest at work. Labor legislation establishes the validity period of a donor certificate - one year after its issuance. For example, on February 20, 2021, a citizen donated blood and was issued a donor document, its validity period is until February 20, 2018 inclusive. This means that until February 20, 2021, a citizen has the right to contact his employer with a request to give him a day off for that day. You can choose a day of rest at the most convenient time, including extending your annual leave by one day. The validity period of the document is strictly regulated by law.
Payment and provision of donor days in 2018
The employer, as in the previous case, must issue an order regarding the absence of the worker from the workplace on a specific day. If you wish, you do not need to prepare documents of this nature.
In this case, it is important to achieve mutual consent of the parties. Sample application for a donor An application of the specified type is drawn up in free form, because there is no unified form for its preparation. It is allowed to write the text with the appeal on the company’s letterhead or A4 sheet.
The document must contain the following information:
- Full name and position of the immediate manager of the enterprise - general director;
- name of company;
- Full name, position and structural unit of the donor;
- Company name;
- main part.
How to take time off for donating blood?
Such workers need more time to recuperate. If desired, the donor can reschedule the day off to another day. How to create an order? After the application reaches the head of the company, he issues an appropriate order for time off. It is drawn up in free form. It must contain the following information:
- Business name;
- document's name;
- the serial number assigned to the order;
- date and place of publication;
- order to grant time off;
- Full name and position of the donor;
- date of leave (the order indicates the wording “additional day off”);
- grounds - indication of the names of the certificates provided;
- Full name, position and signature of the manager;
- Full name, position and signature of the employee.
In some cases, the order contains information about other orders.
Guarantees under labor law: rights at work
The delivery of material by the donor and, accordingly, release from work occurs with the use of labor guarantees outlined in the Labor Code of the Russian Federation, Art. 186. This includes payment for days of “absenteeism” and the provision of rest. Below we will take a closer look at each specific guarantee.
How are days at work paid, are they given time off?
As noted earlier, a citizen is given one day off. This does not prohibit him from going to work immediately after submitting the material. In this case, he will then have the right to use the vacation day at any other time within a year after the issuance of the medical certificate.
If the day of blood donation falls on a weekend or holiday, the vacation day can be moved to another convenient day for both the employee and the employer.
Who pays for the days, the employer or the Social Insurance Fund?
Labor legislation gives an unambiguous answer to this question. Time off is paid for by the accounting department of the employee’s direct employer.
Payment for days on a shift schedule
There are some peculiarities here. Vacation implies the absence of a citizen from the workplace for one day. We are talking specifically about an eight-hour working day. Therefore, if a shift consists of, for example, twelve hours, then the employee has the right to take eight of them off, and he will have to work conscientiously for four hours.
How much time off do they give?
It all depends on what is stated in the certificate. The minimum period is one calendar day (the employee may not use it, but immediately go on shift). The vacation may consist of two days if there are compelling circumstances (must be reflected in the medical certificate).
Time off is directly proportional to the number of days specified in the certificate. They can be used during the validity period of the document.
Procedure for granting time off for donating blood
It means that:
- If blood was donated on a working day, then they pay for it according to the average.
- If a holiday period was used for the act of donation, then payment is made at a double rate.
You can estimate approximately how much money you will be given for this day off if you take the accruals for the previous six months and divide by the total number of working days. Replacing a day of rest with money At the request of the employee, the administration is obliged to compensate him for the unused day off with a sum of money equal to the average earnings. This is done in the following cases:
- at the request of the person;
- upon dismissal.
According to current legislation, a citizen is obliged to use rest days within a year from the date of selection of the material (date of certificate). Then they “burn out.”
Registration rules: how to apply
Labor legislation provides several options for how vacation days can be used. They can be taken out immediately or postponed until later. The main thing to keep in mind is that it will not be possible to receive monetary compensation for unused time off in this situation.
Which is better: an additional day of rest or days off?
This question is quite difficult to answer. Some people actually need rest for subsequent rehabilitation, since blood sampling can significantly affect the general physical condition of a citizen. If there is no such need, vacation can be added to the annual paid one and you can take a few more days off than required.
How to apply for an additional day of rest, how to apply for vacation
The citizen’s application is filled out addressed to the general director of the organization. It should include:
- Full name of the citizen, position.
- Request for leave.
- A link to the reason (to undergo the blood donation procedure).
- Date of preparation of the document and signature of the applicant.
Based on such an act, an order is issued to grant the employee extraordinary leave.
Who issues an order to provide an additional day of rest?
This prerogative is granted to the general director of the organization. In his absence, the order is signed by the deputy, if this is indicated in the internal local act.
How days are provided: features of using days off
The day off will consist of eight hours. There is a special feature with a shift schedule. In this case, the shift is shortened by only eight hours. The citizen must work the rest of the time in accordance with the internal regulations of the company.
Are days included in the preferential period?
These days are covered by guarantees, including the possibility of accruing preferential length of service, according to the rules of the Labor Code of the Russian Federation.
Can I use it on another day?
As noted earlier, the right to leave is valid for a year after the issuance of a medical certificate, so a citizen can independently choose a convenient time off.
Use with another employer
A controversial issue that generalized judicial practice was able to resolve. Thus, leave for donating blood is not tied to a specific employer, but applies to the employee. Therefore, if the document has not expired, the vacation can be used at another workplace.
Blood donation is an important aspect in saving people's lives. Therefore, the state encourages donation, including by issuing additional guarantees in the workplace. Leaves granted on this occasion are paid, and they are subject to guarantees provided for by the Labor Code of the Russian Federation.
