Chernobyl vacation: who is entitled and who pays for additional days of rest

Last modified: February 2021

The tragic events at the Chernobyl nuclear power plant in 1986 led to the fact that many citizens, residents and liquidators of the accident, caused irreparable harm to their health. Some people still live in areas exposed to the risk of infection, which cannot but affect their health. The state supports the victims in every possible way, providing them with benefits. One of these benefits in Russia was additional leave for Chernobyl victims, allowing them to rest for several days beyond the required 28 days annually.

Who is entitled to additional leave?

In order to protect the rights and interests of people who were exposed to radioactive effects after the explosion of a nuclear reactor, Law No. 1244-1 was issued, its norms are current with the latest changes dated December 2, 2019.

Depending on the degree of harm to health from the consequences of the Chernobyl disaster, there are several categories that have the right to receive social guarantees and financial compensation for treatment and recovery. One of the benefits is additional Chernobyl leave, the duration of which directly depends on which category of Chernobyl victims the employee belongs to.

According to labor legislation, in addition to the mandatory paid days of paid rest, at least 28 calendar days, the employer is obliged to provide additional leave under certain circumstances:

• with preservation of average earnings, for non-use of which monetary compensation is paid upon dismissal;
• of a social nature, when, at the request of the employee, it can be timed to coincide with annual leave according to the schedule or taken separately, but is not transferred to the next calendar year.

Legislative definition of categories of citizens affected by the Chernobyl disaster

General procedure for provision

The listed categories of citizens of Chernobyl victims can count on different types of state compensation.

It all depends on the degree of damage caused to a person’s health, as well as whether the territory of his residence belongs to a particular zone of increased radiation.

How many days?

Most people affected by the Chernobyl disaster benefit from an additional 14 days of annual leave.

However, the number of days of this leave can vary from 7 days to 30 (for military personnel), usually a week, 2 weeks or 3.

The decisive role here is played by the period of time when a person lived and worked in a dangerous zone, especially in 86-87, when the peak of human exposure to radiation was observed.

In what cases is it permissible to recall an employee from vacation? What is the vacation provision? You will find a sample here.

Conditions for granting leave for different categories of Chernobyl victims

Since leave for Chernobyl victims in Russia is provided as a social guarantee, let’s figure out who falls into the category of persons entitled to it.

Payment rules

An important point is the fact that payment for vacation is carried out at the expense of funds not

the employer, but the state. First, the vacation is paid by the employer, and then the funds paid are compensated to him from the local budget.

When calculating the amount of vacation pay, the same rules are used as in general cases. Payment is made based on data on the employee’s average salary and the duration of his vacation. The general calculation procedure is as follows:

1. Calculation of the amount of payment for the billing period. To do this, the employee’s salary is multiplied by the number of months in the current year that he worked.
2. Determination of the average number of days. To do this, months worked are multiplied by 29.4 days.
3. Calculation of average daily earnings. In this case, the first result is divided by the second (that is, the entire salary by the total number of days).
4. Calculation of the amount of vacation pay. Occurs by multiplying the previously found average daily earnings by the duration of the vacation.

This is the algorithm used by social fund employees to make calculations. The same rules apply in the accounting services of all enterprises and organizations, so no problems with calculations should arise.

How to get sick leave at the clinic - find out in our material! Read all about business trips scheduled for a day off in our article. What is more profitable for working pensioners in 2021 - to work or to retire? The answer is in our material.

Features of providing leave to Chernobyl victims

Conventionally, all categories of citizens who were exposed to radioactive radiation are divided into 4 categories.

Persons included in categories 1 and 2 are required to pay additional leave based on average earnings. Such rest is provided at the request of the employee - when it is convenient for him.

The other two categories of Chernobyl victims must be provided with additional time for rest upon written application, but at their own expense.

The right to receive leave for Chernobyl victims in Russia does not depend on the total length of insurance coverage and continuous work with a given employer. Moreover, if during such paid additional rest the employee falls ill, the leave must be extended or postponed to another period.

Upon termination of employment at his own request, the employee may submit a written request to be granted Chernobyl leave with subsequent dismissal. This period will be counted towards the two-week period of compulsory service, after notifying the manager of the decision to stop working.

Compensation for unused days of paid Chernobyl additional rest, guaranteed by law to persons injured during the liquidation of the accident or its consequences, is paid upon dismissal along with the calculated ones on the last day of performance of work duties.

Since leave is given to restore health, as well as additional days of rest provided for harmful working conditions, cannot be replaced during the continuation of the employment relationship with equivalent monetary compensation.

Cash compensation for unused Chernobyl leave is possible only in case of dismissal

Nuances

Analyzing the most frequently asked questions about the rights of Chernobyl victims and their additional leave, we can highlight several nuances that interest many.

How does living in the Chernobyl zone affect maternity and child care leave?

Pregnant women who have permanent residence in the Chernobyl disaster zone can count on special government support, unlike women in other regions of the country.

Carrying a child in an area with high radiation is compensated by:

• extension of prenatal leave (90 days instead of the required seventy);
• the right to resettle from the radiation zone for prenatal health care;
• additional payment to the benefit for early registration in the antenatal clinic;
• double child care allowance.

This benefit does not change from the birth of the child until he is three years old.

The procedure for calculating benefits for one child is based on 80% of the average monthly salary, and not the usual 40%.

In this case, benefits for two children are summed up, but should not exceed the full average salary.

Is it possible to break it into parts and how to do it?

Guided by the provisions of the Labor Code and the Chernobyl law, lawyers concluded that only that part of the annual paid leave that relates to the main one (28 days) can be divided into parts.

The legislation does not stipulate that additional Chernobyl leave can be divided into smaller periods.

What to do if you get sick? Is it possible to extend sick leave?

Getting sick while on vacation is especially frustrating. But the legislation provides for the extension of annual paid leave for sick days. Therefore, going to the doctor for sick leave while on vacation makes sense.

Despite the fact that the Chernobyl leave does not apply to the main one, it can also be extended if the person brings an official document from the medical institution.

Isn't it extended for holidays?

Additional leave for Chernobyl victims differs from the main one in that it does not provide for an extension for holidays. A citizen can take it at any convenient time, either separately or in addition to the main vacation.

How to take time off to attend the funeral of a close relative? Read our article. What is the duration of additional leave for hazardous working conditions? Find out here.

Who is entitled to sabbatical leave? See here.

How is compensation paid upon dismissal?

Everyone knows that upon dismissal, a citizen is paid compensation for unused vacation days. However, this does not apply to additional Chernobyl leave, since the law prohibits replacing it with a cash payment.

A citizen must use this leave annually, so he will be able to take these days off in another organization where he gets a job.

Is it allowed for a part-time worker?

Additional leave for citizens living in the Chernobyl zone is provided regardless of their length of service, position and conditions established by the collective agreement.

Part-time work also does not prevent a Chernobyl survivor from exercising his right to state compensation in the form of additional rest.

What to do if your application is refused?

Failure to provide Chernobyl leave to an employee is considered a gross violation of labor laws.

If a person is faced with such an egregious situation, he can safely go to court or the labor inspectorate.

Justice will be on his side, since any employer must know and comply with the provisions of Law No. 1244-1. Any lawyer can provide initial advice on this issue.

Attention!

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• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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Vacation

Procedure for applying for additional leave

The leave must be documented by a written order from the employer indicating its start and end. The order must be presented to the employee entitled to this benefit against signature.

The basis for providing additional rest to a Chernobyl survivor is a written statement from him.

Note. When drawing up a priority schedule for the provision of the next annual leave, categories of persons affected by the consequences of the Chernobyl nuclear power plant, who are classified as categories 1 and 2, may be assigned additional days of rest to the main leave.

If an employee is entitled to paid Chernobyl vacation days, payments are made as required by law - 3 days before the start of the vacation.

Legislative information

The main regulatory regulation of benefits that can be received by certain categories of persons who were in one way or another affected by the Chernobyl accident is contained in the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant” ( hereinafter referred to as Law No. 1244-1).

Guided by paragraph 5 of part one of Article 14 of the Law in question, listed in paragraphs 1 and 2 of part one of Article 13, persons from the category of Chernobyl victims, based on their social needs, are provided with regular paid leave at a suitable period of time for them, and are also provided with additional paid leave.

The rules for assigning such preferential leave are contained in Decree of the Government of the Russian Federation dated March 3, 2007 No. 136 (hereinafter referred to as the Rules), and the entire procedure for transferring funds for it is also described there.

IMPORTANT! Although the Labor Code of the Russian Federation does not contain any mention of preferential rest days for this category of persons, it is impossible to refuse an employee who applies for it.

This fact is explained by the fact that compliance with the provisions of Law No. 1244-1 in accordance with Article 11 of the Labor Code of the Russian Federation is also mandatory.

Package of documents for receiving benefits

Persons who lived or were sent to the Chernobyl zone, who took part in the liquidation of the accident and its consequences, have appropriate certificates confirming their preferential status.

To receive additional vacation and other benefits must be provided with a Chernobyl certificate

As a rule, when applying for a job, the following is transferred to the personnel service:

• copies of identity documents;
• work book (if available);
• copies of diplomas and certificates of the appropriate level of education and qualifications;
• a copy of the Chernobyl certificate, according to which the employer will be able to plan the provision of leave.

Since the vacation can be either paid or at your own expense, it is necessary to confirm the right to one or another benefit, for which it is sufficient:

• certificates of recognition of a disability group as a result of radiation and other diseases caused by an increased dose of radioactive radiation;
• a badge issued to the accident liquidators or a corresponding certificate;
• passports, if during the Chernobyl tragedy the person was registered at his place of residence in the disaster zone.

What features in obtaining leave apply to women expecting the birth of a baby?

Citizens who have a residence permit in the exclusion zone have the right to state support. Thus, in relation to women injured as a result of the explosion at the Chernobyl nuclear power plant, preferences related to:

• the duration of the prenatal part of the leave under the BIR is equal to 90 days;
• so that the expectant mother does not face additional complications during childbirth, she should be relocated to a safe area;
• if a woman registers during the first 12 weeks of pregnancy, she is entitled to additional payments from the budget;
• The benefit for the baby born is paid in double amount.

Funds are transferred until the child turns 3 years old. If money is provided for several offspring, then state aid is summed up.

Who pays for additional vacation?

The Chernobyl survivor receives vacation pay through the enterprise's cash desk, or the money is transferred to his bank account of a credit institution. But payment for benefits for Chernobyl victims comes from the federal budget.

To reimburse the costs of paying vacation pay to persons entitled to additional paid rest, the employer sends to the social protection authorities at the place of registration of the legal entity:

• an accounting certificate calculating the amount of vacation pay paid;
• a duly certified copy of the order to provide additional days of Chernobyl leave, specifying its duration and referring to the law;
• copies of documents confirming a person’s right to preferential leave;
• details for transferring funds to the organization's account.

If we talk about who pays for Chernobyl leave for workers, we ultimately come to the conclusion that the state bears these expenses.

Financial side of the issue

Stakeholders, accountants and Chernobyl victims themselves are interested in the question of how additional vacation days will be paid for? Is the calculation different from the usual one?

Who pays compensation and how?

It is important for people who have a Chernobyl certificate in their hands to know how their vacation pay for additional days is paid.

Many people mistakenly assume that Chernobyl leave is paid in the same way as regular leave - from the employer’s funds. This is not true, because the payments are made by the local social security authority.

The accounting department of the organization where the Chernobyl survivor works is only required to issue a certificate of the employee’s salary in the context of each month with a general total.

An example of such a document is presented below:

How to calculate for a full year?

The calculation of vacation pay for additional Chernobyl leave, when the calculation period is a year, occurs in several stages.

To issue a certificate to social security, the organization’s accountant does the following:

• The citizen's monthly salary is multiplied by 12 to obtain the total annual income.
• 12 multiplies by 29.4 (the average number of days in a month) - the average number of days for the period is obtained.
• Earnings per day are determined by dividing total annual income by the average number of days per year.
• The duration of the Chernobyl vacation is multiplied by the daily wage, and vacation pay is obtained.

As already noted, the calculation and payment of this amount to the Chernobyl worker is carried out not at his place of work, but at the social security authorities.

Calculation example

Employee of the enterprise Ivanov I.I. has a Chernobyl certificate. He has been working in the organization since 08/01/2015; he receives 30,000 thousand rubles per month. He is entitled to an additional 14 days of vacation, which he decided to take from 06/01/2016 to 06/14/2016. The June 12 holiday does not extend the Chernobyl holiday.

Vacation pay is calculated according to the following scheme:

Salary for a period of work of 10 months from 08/01/15 to 06/01/16: 30,000x10=300,000 rubles.

Average length of month during this period: 29.4. Then the period has an average of 294 days (29.4x10).

300,000:294=1020.4 rubles – average earnings per day.

1020.4x14=14285.6 rubles.

Vacation pay for a two-week Chernobyl vacation will be 14,285 rubles 60 kopecks.

Sample application for Chernobyl leave

There are no special forms for filling out a written request for additional leave for beneficiaries. The document is drawn up arbitrarily; it can be written in legible handwriting or printed using modern office equipment, and must be certified by the signature of the applicant.

Typically, samples of this kind of appeal are available in the personnel service.

Sample application form

Write a statement, following the general rules of business correspondence:

• the upper right part of the document is its “header”, where the position of the first manager, surname, initials of the first name, patronymic and details of the applicant are indicated, specifying the full name, position held, preferential category;
• in the middle of the new line - the title (“Application” or “Application for additional leave”);
• move on to the text part - essentially expressing a request to receive the required days of additional leave, the period of desired rest, a link to the norms of the law;
• a separate list lists copies of attached documents confirming the right to receive paid or unpaid days of rest for a certain period;
• put the date and personal signature, next to deciphering the surname, initials of the name, patronymic.

An example of calculating vacation pay for a Chernobyl survivor

Example 1:

I.I. Ivanov is a participant in the liquidation of the Chernobyl nuclear power plant accident. He has been working at Continent LLC since April 1, 2021 with a salary of 25,000 rubles. In 2021, he turns to his manager with an application to grant him additional leave, as a Chernobyl survivor, from February 1 for 14 calendar days. Let's calculate Ivanov's vacation pay:

25,000 rub. x 10 months = 250,000 rubles;

10 months X 29.4 = 294 days;

250,000 / 294 = 850.34 rubles;

850.34 x 14 = 11,904.76 rubles.

Example 2:

Petrov P.P. is a participant in the liquidation of the consequences of the Chernobyl nuclear power plant accident. He started working at Continent LLC on March 1, 2016. At the time of his dismissal on March 31, 2021, Petrov did not take additional leave. Petrov's average daily salary is 1,500 rubles.

In order to calculate the amount of compensation for unused vacation, it is necessary to determine how many days of such vacation Petrov has:

From March 1, 2021 to February 28, 2021 – 28 days (14 x 2) and

For March 2021 – 1 day (14 / 12 / 1).

Petrov is compensated in the following amount:

29 x 1,500 rubles = 443,500 rubles

Important! An employer does not have the right to refuse to provide additional leave to a Chernobyl employee.

What benefits are available to citizens affected by the accident at the Chernobyl nuclear power plant?

To assign payments and benefits, you need to collect documents and submit an application. It is necessary to document that you belong to the category of Chernobyl victims. To do this, you need to issue a Chernobyl Certificate. This document will further serve as confirmation of all benefits.

1. Exclusion Zone. This is an area located next to 4 reactors. It is prohibited for people to live or conduct any production activities in this territory;
2. Removal zone. This is an area from which people moved to reduce harm from background radiation. People who left there have the right to receive benefits;
3. Zone with the right to resettle. This is an area with constant monitoring by doctors, measuring the level of radiation damage. Regular preventative health care is carried out in the zone. People who wish to leave will be provided with benefits;
4. An area with radiation levels at acceptable levels. Citizens living in this area have rights to benefits and government support.

Is it possible to find out about Chernobyl benefits at the MFC?

Benefits for the Chernobyl certificate are provided from the moment the certificate is presented, starting from the month following the month of application. You are entitled to: 1) monthly monetary compensation depending on the length of stay; 2) annual additional paid leave for those working in the zone, excluding additional leave provided for work with hazardous working conditions, with the payment of a one-time compensation for health improvement in the amount of the additional payment established by paragraph 3 of this part, depending on the time of residence (work): from April 26 1986 - 21 calendar days; from December 2, 1995 - 7 calendar days; 3) monthly monetary compensation to those working in organizations of the zone, regardless of the organizational and legal form and form of ownership, and engaged in entrepreneurial activities in the specified zone in accordance with the legislation of the Russian Federation, depending on the time of residence and work; 4) monthly cash payment in an increased amount of pensions and benefits to non-working pensioners and disabled people, disabled children depending on the time of residence, scholarships for graduate students, students of state educational institutions of primary, secondary and higher vocational education located in the zone. Payment of additional benefits to duly registered unemployed people. 5) payment of additional remuneration for length of service depending on the length of service in a given zone and the degree of its radioactive contamination; 6) prenatal leave for women lasting 90 calendar days with health-improving activities outside the territory of radioactive contamination. 7) Pregnant women who register with the antenatal clinic in the early stages of pregnancy (up to 12 weeks) are additionally paid a lump sum benefit along with the maternity benefit; monthly child care allowance in double amount until the child reaches the age of three years. Moreover, in the case of caring for two or more children, the amount of the monthly child care benefit is summed up. The summed amount of the said benefit in the case of caring for two or more children cannot exceed 100 percent of the earnings (income) from which this benefit was calculated, but cannot be lower than the summed double minimum amount of the monthly child care benefit established by federal law; 9) monthly compensation for food from the dairy kitchen for children under three years of age; 10) monthly compensation for meals for children in preschool institutions, as well as in the event that a child from the age of three does not attend a preschool institution for medical reasons; 11) monthly compensation for meals for students in state, municipal educational institutions, institutions of primary vocational and secondary vocational education during the educational process; 12) supply of clean food products containing the necessary valuable components in high concentrations; 13) preferential right (other things being equal) when entering state educational institutions of primary, secondary and higher vocational education, as well as vocational training courses - with the provision of a hostel for the duration of study. The scholarship for these persons is set at an increased rate of 50 percent, regardless of the place of study; 14) payment of temporary disability benefits in the amount of 100 percent of average earnings, taken into account when calculating insurance contributions for compulsory social insurance in case of temporary disability and in connection with maternity to the Social Insurance Fund of the Russian Federation, regardless of the length of the insurance period. All benefits are indexed. In order to receive the benefits you are entitled to, you need to contact the social protection authority at your place of residence. Try not to contact the MFC.

— monthly monetary compensation to those working in organizations of the zone, regardless of the organizational and legal form and form of ownership, and engaged in entrepreneurial activities in the specified zone in accordance with the legislation of the Russian Federation, depending on the time of residence and work: