How to write an application for additional vacation days

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Published: 05/20/2016

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Additional paid leave is granted to certain categories of citizens. Its duration is determined by the employee’s area of ​​residence and the method of certification of working conditions.

Failure to provide additional leave threatens the employer not only with a fine, but also with criminal liability for systematic violation of the labor rights of employees.

The Labor Code of the Russian Federation contains requirements for providing employees with not only basic, but also additional paid leave. The conditions and rules for its provision, as well as the minimum duration, are determined by the Labor Code of the Russian Federation.

• Legislation
• What is additional leave? How is its duration determined?
• Who is entitled to additional paid leave?
• How to apply?
• How are additional vacation days paid? Example 1
• Example 2

Legislation

Annual additional leave is granted to employees of special professions,

associated with dangerous and harmful working conditions, with irregular hours, as well as residents of the Far North and other areas equivalent to it.

Providing employees with additional vacations, if this is not provided for by the Labor Code of the Russian Federation, remains at the discretion of the employer.

Thus, there are 2 types of additional leave:

1. provided for by the Labor Code and other Federal legal acts;
2. provided by the employer at his own request.

The first type is mandatory, that is, its duration, conditions and procedure for provision are strictly defined and cannot be changed.

The second type is optional, established by the employer and regulated by Article 116. Labor Code of the Russian Federation, collective agreements and local regulations.

Is it allowed to replace with compensation?

As a general rule, this is permitted, but only that part that exceeds the standard duration of annual paid vacation established by the Labor Code of the Russian Federation. In Art. 126 of the Labor Code of the Russian Federation also establishes exceptions. Pregnant women are given additional leave, not cash.

In addition, it is impossible to offer compensation to minor workers and workers in harmful and dangerous conditions instead of rest. It is permitted only if the duration of rest exceeds the established minimum (7 days) and only for the part exceeding this norm.

Sample application for compensation

Legal documents

• Labor Code of the Russian Federation, art. 116
• Labor Code of the Russian Federation
• Art. 5.27 Code of Administrative Offenses
• Chapter 19 of the Labor Code of the Russian Federation
• Art. 119 Labor Code of the Russian Federation
• Art. 118 Labor Code of the Russian Federation
• resolution No. 1588
• Art. 117 Labor Code of the Russian Federation
• resolution No. 273/P-20
• decision dated January 26, 2017 No. AKPI16-1035
• decision of the Supreme Court of the Russian Federation dated April 15, 2004 No. GKPI2004-481
• Art. 121 Labor Code of the Russian Federation
• FZ-181 dated November 24, 1995
• Art. 128 Labor Code of the Russian Federation
• Art. 321 Labor Code of the Russian Federation
• FZ-125 dated July 24, 1998
• Law of May 15, 1991 No. 1244-1
• Art. 128 Labor Code of the Russian Federation
• Art. 126 Labor Code of the Russian Federation

What is additional leave? How is its duration determined?

Annual additional leave is provided along with the main paid leave after six months of work in the current position.

The minimum duration of such leave is 7 days, the maximum is not defined by law. Its specific duration is determined by the method of assessing working conditions and certifying workplaces .

If the assessment of working conditions is carried out through certification of workplaces, then the determination of the duration of leave is carried out on the basis of the Resolution of the State Committee for Labor of the USSR, but only in cases where its provisions do not contradict the Labor Code of the Russian Federation.

If this document does not indicate the required profession, then the duration of the vacation is established independently, by local regulations, but not less than the established standards and taking into account the specifics of working conditions.

If a special assessment of working conditions is made, then the duration of additional leave for each employee is determined by the employer independently, on the basis of industry agreements.

This value must be fixed in both collective and individual labor contracts.

Additional leave for employees whose work is associated with negative working conditions lasts in direct proportion to the time actually worked in such conditions.

• employees with irregular work schedules have an additional rest period of at least 3 calendar days;
• residents of the Far North - 24 days;
• areas equivalent to it - 16 days;
• other regions of the North - at least 8 days.

Duration of additional leave for irregular working hours

Employees who have irregular working hours are entitled to EDOO lasting at least 3 days . The specific duration of additional rest time must be indicated in the internal labor regulations or in the collective agreement. This rule governs Part 1 of Art. 119 Labor Code of the Russian Federation.

Some employers believe that if an employee does not overwork and goes home on time, then he is not entitled to additional leave. This is wrong . The duration of the EDOO does not depend on how long the employee actually worked in irregular hours. It is impossible to calculate EDOO in proportion to the time worked . This opinion is shared by specialists from the Russian Ministry of Labor. Their position is set out in letter No. 14-2/B-761 dated August 18, 2017.

Who is entitled to additional paid leave?

1. workers whose professional activities involve increased psychophysical stress, as well as risks to health and life: astronauts, military personnel, employees of the Ministry of Internal Affairs, prosecutors, customs services, rescuers, etc.
2. construction workers, subject to their permanent employment underground.
3. people who extract and transport minerals.
4. workers in the metallurgical and electrical power sectors.
5. state and municipal employees.
6. employees in the field of sports and healthcare: doctors, coaches, athletes, etc.
7. civilians: victims of radiation, residents of the Far North and nearby areas, workers with irregular hours and dangerous (harmful) working conditions.

Replacement of additional vacation with monetary compensation

Important! The employee has the right to replace his additional leave with monetary compensation.

If the employee wants, he can replace his additional leave with monetary compensation. That is, he can use his main vacation of 28 days, and, for example, receive the required 7 days of additional leave in the form of monetary compensation. However, for some employees it is impossible to replace additional leave with money, this is (126 Labor Code of the Russian Federation):

• Pregnant employees;
• Minor workers;
• Workers whose work is associated with harmful (hazardous working conditions). But in this case, you can compensate for additional leave with money for those days that exceed the 7 allotted days of vacation. For example, the employer provides not 7, but 12 additional days of vacation to an employee working in hazardous working conditions. The employee can take 5 of these 12 days of additional leave in the form of monetary compensation, and take 7 days off as he should (

How to apply?

The vacation schedule is drawn up taking into account the desired vacation time of all employees.

However, the employer is not obliged to take into account the wishes of employees, since the main function of this document is to ensure the normal functioning of all structural divisions of the organization.

There is no form established at the legislative level for filling out the vacation schedule, so the employer himself determines exactly how this document will look. It is certified by the head of the personnel department and assigned to the head of the organization.

Certification of the vacation schedule with a seal is not required.

An application for additional leave is issued if the vacation schedule does not specify a specific period for providing leave, the employee is not indicated in it at all, or he is not satisfied with the rest date chosen by the employer.

In turn, the employer or an official authorized by him to do so draws up an order to grant leave or a memo about it. It is worth noting that these 2 documents are equivalent and the final choice in this case depends on the decision of the employer.

Procedure for provision

To receive days of rest in excess of those required by the standard, an employee entitled to this will need to submit a corresponding application to his employer. At the legislative level, no universal form is provided for its preparation, however, they may exist in organizations. In this case, the obligation to use them is regulated by internal regulations.

In order to avoid errors and inaccuracies that could lead to a delay in the expected date of going on vacation, it is recommended to draw up a document using a standard sample application for additional paid leave.

There are several features regarding the issue of registration of additional vacation:

• it can be provided along with the main annual paid leave - in this case, a regular application is written, which indicates a request to increase the duration of leave due to the available additional days;
• All periods of additional leave regulated by law are minimum values, and organizations have the right to increase them at their discretion.

Based on the submitted application, the manager issues an appropriate order.

Sample order

Unlike an application, the Labor Code provides a universal form for drawing up an order. It is published under the number T-2. However, as with applications, organizations are not required to use it. The main condition is that the document must contain all the basic details, namely:

• full name of the enterprise indicating the form of ownership;
• Date of preparation;
• serial number (required for keeping records of internal documentation);
• a resolution on the provision of additional days off with reference to the legislative act on the basis of which the employee receives such a right;
• the expected date of the team member going on vacation;
• manager's signature;
• signature of the citizen (affixed upon familiarization with the document).

Standard sample order:

Sample application for additional leave

When filling out the application, you must provide the following information:

• full name of the organization indicating its form;
• Full name and position of the person to whom the document is addressed;
• Full name and position of the employee;
• a request for an additional day with reference to a legislative act;
• date of application;
• the applicant's handwritten signature.

A typical sample application for additional leave:

How are additional vacation days paid?

Example 1

Additional leave is provided along with the main leave. The employee went on paid leave of 28 days, after which he was given an additional one of 8 days.

1. We calculate the salary for the billing period: 23,000 rubles (monthly salary) * 12 months = 276,000 rubles.
2. We calculate the average daily salary: 276,000 rubles: 352.8 (number of days in the billing period) = 782.31 rubles.
3. We calculate the amount of vacation pay: 782.31 * 36 days = 28,163 rubles.

Example 2

Additional leave is provided separately from the main one.

The employee was sent on paid additional leave for 10 days. His salary in the billing period was 19,000 rubles.

1. Determines the amount of payments for the billing period: 19,000 * 12 = 228,000 rubles.
2. We determine the average daily earnings: 228,000: 352.8 = 646.2 rubles.
3. We determine the amount of vacation pay: 646.2 * 10 = 6462 rubles.

Special character

The concept of “special nature of work” is not defined in the Labor Code of the Russian Federation.
What profession (or work) is classified as such, what is the duration of the annual additional rest, how to apply for additional leave under special conditions - all this is determined by the government in relation to specific situations. For example, those sent to Chechnya are provided with EDOO lasting 2 days for 1 month of actual work. The need for EDOO is caused by the increased risk of staying in the region. A family doctor has the right to additional leave, which is explained by the need to popularize a new direction in the medical field in order to involve a larger circle of professionals in it.

Employer's liability for failure to provide additional leave

Compliance with the labor rights of its employees is the direct responsibility of every employer, for failure to comply with which he bears a certain responsibility.

There are often cases when employers refuse to provide their employees with

them additional leave. In this case, the employee whose rights have been violated may apply to the court to seek monetary compensation.

The result of such a dispute may be: a fine, temporary suspension of work (up to 3 months) and disqualification of a legal entity. persons for a period of up to 3 years.

Work in the Far North

“Northerners” are awarded additional days regardless of category and profession.
Those employed in the regions of the Far North are provided with 24 paid calendar days, in equal territories - 16 calendar days. The diversity of climatic zones has led to the fact that certain territories are not formally the Far North and are not equated to them, but the living conditions there differ from normal. Those working in such territories receive additional salary supplements and are provided with EDOO lasting 8 calendar days.

The right is enjoyed by both people constantly working in harsh conditions and shift workers. Northern miners in such circumstances can receive 3 vacations - an increased main one, EDOO for VU and OU and northern EDOO. The possible cumulative duration of rest led to the imposition of restrictions. Vacations can be summed up over 2 years, and the total duration is no more than six months. Otherwise, situations could well arise where employees would be on paid leave for years.

Popular questions

Is additional leave provided to working pensioners? Answer:

Yes, if we are talking about unpaid leave by the employer of up to 14 days per year.

Combat veterans? Answer:

Veterans in the reserve are not entitled to additional paid leave; active veterans in the reserve are entitled to 15 days of additional paid leave.

What if the child is disabled? Answer:

Yes, an employee who has a disabled child is granted an additional 14 days of administrative leave without pay.

Electric and gas welder? Answer:

Yes, it is available. Duration - 14 calendar days.

Group 3 disabled person? Answer:

Additional paid leave for a disabled person of group 3 is granted only on a general basis (maternity leave, educational leave, etc.).

You can find out how to get maternity benefits by reading our thematic material. Sick leave payments do not always go smoothly. You can find out how to arrange them correctly here!

How to correctly make entries in employee salaries - read our article.

Who is entitled to additional leave and for what duration?

This issue is regulated by Chapter 19 of the Labor Code of the Russian Federation, which provides a list of grounds for receiving additional vacation time. This list is incomplete; holidays beyond the established duration are also introduced by other standards. The law connects the establishment of such leave with the place of work (for example, the Far North) or its nature (performing certain duties), schedule, etc. In accordance with Art. 116 of the Labor Code of the Russian Federation, annual additional paid leave is provided to certain categories of employees.

Irregular working hours

Based on Art. 119 of the Labor Code of the Russian Federation, additional leave for those working on an irregular working day is granted if, according to the terms of the employment agreement, a working day with an unfixed duration is established. In this way, the employer compensates for overtime. It is paid in the same manner as the main one; it is replaced by monetary compensation at the request of the employee. It is calculated based on average earnings. It should be remembered that the employment agreement must include a condition on establishing an irregular working day for the employee. And if during the year the employee was not involved in work beyond the fixed length of the day, leave is still granted. And in total, not one additional day of vacation is guaranteed per year, but at least three calendar days of such vacation.

Sample application for irregular working hours

Special nature of the work

For the special nature of the work (Article 118 of the Labor Code of the Russian Federation), additional rest is guaranteed to employees whose work characteristics are listed in the relevant decrees of the Government of the Russian Federation. They also regulate its duration: for example, doctors and nurses if they have worked continuously for more than three years (Resolution No. 1588).

Harmful, dangerous working conditions

Art. is dedicated to this case. 117 of the Labor Code of the Russian Federation, which says that if working conditions are classified as 2, 3 or 4 degrees of harm, additional paid leave can be provided with a duration of at least 7 additional days of rest. The specific number of days for each employee is specified in the collective agreement. Also, the employer’s obligation to provide such rest is fixed in employment contracts. The employer transfers money instead of days only for days exceeding the minimum rest period, if this is specified in the industry agreement and collective agreement.

IMPORTANT!

It should be remembered that the full number of days of rest is due to those who have worked in harmful conditions for 11 months or more. Otherwise, the duration is calculated in proportion to the time worked under such conditions.

At the same time, the length of service for additional rest does not include:

• periods of sick leave;
• time on maternity leave;
• the period during which a pregnant woman, or breastfeeding, or having a child under one year old was transferred to light work;
• the period during which the employee performed state or public duties.

Based on clause 12 of Resolution No. 273/P-20, only days on which the employee worked in hazardous conditions for at least half a day are counted towards the time for determining length of service. This means that if an employee worked in hazardous conditions for less than 50% of his working time, such a day will not be counted toward his length of service for additional leave. If 51% or more, such a day will be counted in the length of service as fully worked in harmful conditions. But the Supreme Court recognized such a norm as invalid and in its decision dated January 26, 2017 No. AKPI16-1035 (also see the decision of the Supreme Court of the Russian Federation dated April 15, 2004 No. GKPI2004-481) established that the only correct method when calculating such length of service is to be guided by the norm of Art. 121 of the Labor Code of the Russian Federation: take into account the actual time worked. Thus, today the length of service is calculated:

• in days, if the employee worked in such conditions all day;
• in hours if he worked part-time. The number of hours worked in hazardous conditions is then recalculated into days, based on the length of the working day established for the employee.

The employer is obliged to ensure recording of the working time worked by the employee, including time worked in harmful or dangerous working conditions.

For disabled people

Those entitled to additional paid leave include people with disabilities.

Providing disabled people with rest beyond the usual duration (at least 30 calendar days) with payment is provided for in Art. 23 Federal Law-181 dated November 24, 1995. All disabled workers have this right, regardless of the assigned disability group.

In accordance with the Labor Code of the Russian Federation, disabled people of group 3, for whom an irregular day is established, are provided with at least 3 calendar days. The employer, in the collective agreement, has the right to develop his own rules of work and rest, including for disabled workers.

Disabled workers also have the right to additional leave without pay for up to 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation).

For health workers

Those who are entitled to additional leave include some categories of medical workers. They are entitled to additional days of rest for performing work of a special nature (for example, general practitioners who have been in office for at least 3 years, according to Decree of the Government of the Russian Federation No. 1588 of December 30, 1998), and for some - for working in hazardous conditions. The list of such positions and the conditions for provision are indicated in the by-laws and decrees of the government of the Russian Federation.

Northerners

Such employees are entitled to additional leave, the duration of which, in accordance with Art. 321 of the Labor Code of the Russian Federation, is 24 calendar days. 16 calendar days - the duration of additional leave granted to citizens working in areas equated to the regions of the Far North.

Workers injured at work

Who else has the right to take extra rest? Citizens whose health was harmed as a result of an accident at work or an occupational disease are granted additional paid leave for the entire period of treatment (Article 17 of the Federal Law No. 125 of July 24, 1998). It is relied upon if sanatorium-resort treatment is necessary according to the opinion of doctors. In addition, its duration includes travel time to the place of treatment and back.

Chernobyl survivors

Chernobyl leave is provided to certain categories of citizens who participated in the liquidation of the accident or were in the affected area; its duration depends on the degree of damage to health and is determined by Law No. 1244-1 dated May 15, 1991. It is provided upon the employee’s application, to which documents confirming the status must be attached.

Read more about this in the article “Chernobyl vacation”.