- Students from universities that have state accreditation (Article 173 of the Labor Code of the Russian Federation) - 40 calendar days - for passing intermediate certification (tests, exams) in the first and second years: 50 calendar days - in each of the subsequent courses. Four months – to prepare and defend the final qualifying thesis and pass the final state exams; one month – to pass the final state exams.
Students in institutions of secondary vocational education that have state accreditation (Article 174 of the Labor Code of the Russian Federation): 30 calendar days each - to pass intermediate certification in the first and second years; 40 calendar days - in each of the subsequent courses. Two months – to prepare and defend the final qualifying thesis and pass the final state exams; one month – to pass the final state exams.
Successfully studying in state accredited educational institutions of primary vocational education - 30 calendar days within one year - to pass exams.
As you can see, additional paid leave is provided for at the legislative level , but employers can provide greater guarantees by enshrining them in local acts.
Employer's liability
If the employer refuses to provide employees with the required days, as well as in the case of refusal to pay monetary compensation for such leave, a fine may be imposed on the enterprise and its officials. And in relation to a legal entity, a decision may be made to suspend activities for a period of up to three months (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If an official is repeatedly held accountable for such an offense, the official may be disqualified for up to three years.
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Who can take days off at their own expense?
Categories of persons, according to Art. 128 of the Labor Code of the Russian Federation, and the duration of rest can be presented in table form:
| Categories of persons | Duration of rest |
| WWII participants | up to 35 calendar days a year |
| Working pensioners (retired by age) | up to 14 calendar days a year |
| Parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury received while performing the duties of military service (service), or due to a disease associated with military service (service) | up to 14 calendar days a year |
| Working disabled people | up to 60 calendar days per year |
| Employees in cases of birth of a child, registration of marriage, death of close relatives | up to 5 calendar days a year |
It is worth noting that the above list is not exhaustive. Article 128 of the Labor Code of the Russian Federation also indicates the presence of other cases established by law or an employment contract in which the provision of leave without pay is mandatory.
Additional leave for disabled employees
The legislation does not provide for special additional leave at the expense of the employer for such a category of employees as disabled people. But their basic annual leave is 30 calendar days. Such leave should be provided to absolutely all categories of disabled workers, regardless of the disability group assigned to them. In addition, disabled employees can take leave at their own expense if they wish. The duration of such leave can be 60 calendar days. In this case, the employee is obliged to provide a certificate of disability to his employer.
Some companies independently provide additional leave for their employees if they have any disability group. Such a right to leave must be fixed in an employment or collective agreement.
How are employees provided with annual basic paid days?
Additional leave can be used either together with annual leave or separately. First of all, it is necessary to write a statement of intention to exercise the employee’s right to rest, indicating its period and reason.
Depending on the basis for granting additional leave, the application must be accompanied by documents confirming that the employee is classified as a preferential category of citizen, for example, a certificate of a participant in the liquidation of the consequences of the Chernobyl disaster or a combat veteran. It is not necessary to make a reference to the law; this will be the task of personnel services when drawing up the order.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
The order indicates the total duration of annual paid leave, its components (how many days of the main one, how many additional ones), the start and end date, and for what working year it is provided. Next, the employee is familiarized with the order and signed.
Do I need to write?
Labor legislation provides for all citizens performing a production function on the basis of a signed labor agreement, guaranteed leave, the duration of which cannot be less than 4 weeks , during which the worker retains his job, and the company management undertakes to pay average earnings.
Important! For certain categories of workers, the legislator established a longer basic vacation, justified by the specifics of the work performed (for example, teachers rest for 56 days).
In addition to the specified rest days, depending on various circumstances, workers are entitled to additional paid leave.
The following can apply for it:
- persons whose production function is performed in hazardous working conditions;
- citizens working in the northern regions of Russia;
- workers who become ill as a result of performing a certain job function;
- medical workers;
- persons who have certificates of a participant in hostilities , etc.
The duration of additional paid days of rest is regulated by the norms of the Labor Code.
The procedure for workers going on vacation is recorded in the local documentation of the enterprise (organization) - a schedule drawn up by a personnel service employee in the last month of the working year.
When distributing vacation (main and additional) days, the desire of the worker and the employer’s ability to organize the production process during certain periods in the absence of any of the employees are taken into account.
Each employee must be familiarized with the schedule against signature , after which its implementation becomes mandatory for both the worker and the employer.
An application for leave is written by an employee only if, for some objective reason, he needs to transfer his days of rest to other dates. If the care corresponds to the established schedule, there is no need to submit an application.
How to register correctly?
The legislator does not establish a mandatory form for an application for leave, and therefore it is drawn up at the discretion of the worker, taking into account the main features of office work at enterprises (organizations).
The document can be written on the company’s letterhead (if available) or on a sheet of A-4 format.
The addressee of the application is the director of the enterprise (organization), whose details (position, company name, surname and initials) are written in the header.
You should also indicate here the position, surname, first name, patronymic and contact number of the applicant (worker).
The paragraph below sets out the essence of the application itself with a request to provide days of additional leave (indicating their number) on certain dates.
You should also indicate the reason why the worker cannot go on vacation in accordance with the approved schedule.
The application is dated on the day of submission and is signed by the employee . You can submit the document to the office of the company or personally to the director, who will issue an approving or rejecting reasoned visa.
Is it possible to leave without an application?
The employee has the right to take basic and additional leave at his own discretion in compliance with the rules of the Labor Code - the main part of the rest cannot be less than 14 days in a row.
All other days can be grouped or split one at a time.
In this case, all information should be reflected in the corporate vacation schedule.
When a worker uses additional paid leave according to an established and approved schedule, he is not obliged to write an additional application for provision.
How to mark it in the work schedule?
Art. 123 of the Labor Code of the Russian Federation establishes the obligation to reflect in the schedule the procedure and conditions for granting annual paid leave, which means that both main and additional leave must be reflected. The unified vacation schedule form T-7 contains columns about the duration of paid leave , so it is necessary to calculate how many days of rest the employee can count on.
However, there may be difficulties here, since, for example, an additional agreement for leave for work in hazardous working conditions depends on the production rate, which is simply impossible to predict when drawing up a leave schedule for the new working year.
Here it is advisable to indicate the maximum duration of vacation, and at the time of granting it, adjust it, because the vacation schedule is mandatory in relation to the order in which vacation is granted, and not its duration.
Moreover, column 6 of the schedule reflects only the start date of the vacation, and the end date of the vacation for a particular employee will be determined only by the day the corresponding order is drawn up.
How many days in advance should the application be submitted?
If we are talking about regular paid leave, then the terms of provision are not regulated. However, it is worth considering that the accounting department must accrue vacation pay at least 3 days before the start of the vacation, therefore, the application must be submitted at least four days in advance.
Expert commentary
Kamensky Yuri
Lawyer
If an employee submits an application the day before the start of paid leave, accounting staff have the right to accrue vacation pay to him within three days. This will not be considered a violation, since initially the documents arrived late.
There is a misconception that employees must notify HR or management 2 weeks before the start of their vacation, but in fact this is not true. According to Art. 123 of the Labor Code of the Russian Federation, the vacationer must be notified of the upcoming vacation against signature 2 weeks before its start by the personnel officers themselves, since they keep all the timesheets and schedules.
In the case of other types of vacations, there are also some nuances:
- For pregnancy and childbirth. A woman has the right to immediately write a statement after receiving a certificate of incapacity for work, or immediately before giving birth. Only she indicates the start date of the vacation, based on the doctor’s recommendations. The employer does not have the right to determine this;
- For child care. The application is submitted before the end of maternity leave, and the benefit must be accrued before the expiration of six months from the moment the child reaches one and a half years;
- Unpaid. The deadlines are not strictly regulated, so citizens have the right to contact employers with applications at any time;
- Training. It is paid; the average salary is paid for the number of days the employee spent on training. The deadline for submitting the application is not clearly regulated, but payments must be made by the accounting department at least 3 days before the start of the vacation, therefore, the application and the summons certificate are submitted four days in advance.
Let's look at a few different examples:
Example 1: Maternity leave. The woman found out about her pregnancy in the second month, registered with the antenatal clinic and brought a certificate to her employer. 75 days before the start of her vacation, she submitted a statement indicating that she would leave in 5 days, i.e. 06/10/2018. The child was born on August 15, 2018, and the sick leave should be closed in another 72 days - October 29.
On October 29, the employee returned to work, and her husband took maternity leave.
Example 2: Unpaid leave. A company employee needed to travel to another city for family reasons. Departure date is September 15th. On September 10, he turned to his employer with a request to grant him leave without pay for a period of three days. The manager agreed.
Example 3: Another paid vacation. 2 weeks before the end of the reporting year, the company drew up a vacation schedule. Employee Efimova O.N. was supposed to go on vacation on July 10, and she indicated this date in the schedule. The duration of the vacation is 2 weeks, i.e. she must go to work on July 24.
According to current legislation, if there is an approved schedule, in case of going on vacation on the date indicated in it, employees must notify personnel officers or employers about this 2 weeks in advance. An application is not required, so the employee went on vacation during the established period based on the schedule. Her vacation pay was transferred on July 7.
Registration of the vacation period
Stages of applying for preferential leave:
- To get time for additional rest, the employee must submit a separate application to management, since the initiative in this case must come from the employee himself (the employer has no right to force him on vacation). The application is drawn up in free form .
- The document traditionally contains an appeal to the manager (his position, full name of the enterprise or organization, last name, first name and patronymic are indicated). Below is a brief summary of the request for additional vacation days and the scheduled annual vacation period. The amount of compensation (in numbers and in words) for travel, as well as the place of rest, is indicated.
- A list of attached documents is required. These include boarding passes or vehicle tickets.
- Copies of the specified tickets or boarding passes are attached to the completed document. Including copies of receipts for payment for luggage transportation. And in case of crossing the Russian border, you must attach a certificate confirming the cost of travel.
- Based on the application, management issues an appropriate order allowing employees of the personnel department and accounting department to accrue and pay vacation funds due to the employee.
All additional payments and salary allowances must be reflected in the employment contract. Do you work in the public sector and don’t know how to correctly calculate your long-service bonus? Our article will help you with this!
If you resign of your own free will, then you will find the material on payments upon dismissal of this type useful.
Actual extension of leave
It is possible to obtain additional days using the grounds of Article 124 of the Labor Code of the Russian Federation or independently under the provisions of Article 128 of the Labor Code of the Russian Federation. The last option is an extension using unpaid leave. In order to receive payment for the entire time, it is necessary to correctly complete all documentation, in particular, the application.
Download for viewing and printing:
Article 128 of the Labor Code of the Russian Federation “Leave without pay”
How to fill out an application
Sick leave is grounds for extension, but only if a certificate of temporary incapacity for work has been issued. It will need to be submitted to the employer or the human resources department. Additionally, it is necessary to fill out an application that will certify the change in the rest schedule, and will also guarantee the addition of a certain period corresponding to the time of illness.
Filling out a sick leave certificate
Basic rules for filling out the document:
- free form is used;
- indication of the position and personal details of the boss;
- sick leave data is entered;
- mandatory indication of the number of days and new dating is carried out;
- signature and date of preparation are required.
If necessary, the employee may ask for the specified period to be provided later, in particular to add it to the next vacation.
Sample application for extension of leave
The standard form for the document is used in compliance with all basic standards.
Sample application for extension of leave
Errors in application for extension of leave
There are several basic errors that make claims invalid. Among them:
- Incorrect company details and manager information;
- there is no data on the certificate of incapacity for work, or it is entered incorrectly;
- incorrect accounting of days, which is carried out with the exception of weekends;
- The period for which the extension will be carried out is incorrectly stated.
Advice! All information needs to be double-checked. This is necessary to eliminate errors that will lead to incorrect registration and refusal.
Algorithm for granting vacation extension
The procedure has a specific algorithm. Procedure:
- an application is written and accepted with accompanying documents or certificates;
- changes are made to the time sheet, which means writing in the required dates a special designation in the form of “B” or the number 19;
- the corresponding order is issued;
Sample order to extend vacation - new dates are indicated in the employee’s personal card, and the basis is written down.
If necessary, if this is possible within the framework of the law, the employer can postpone the required period and attach it to the next annual vacation.
In what cases is payment not made?
Payment for additional time will not be made in several cases. There are established reasons for this:
- the illness coincided with study leave, which was paid;
- sick leave received during maternity leave;
- the vacation was taken at one’s own expense, that is, it was not initially paid;
- the certificate of incapacity for work was issued to another family member;
- the disease was caused by alcohol or drug intoxication;
- the necessary medical regimen established during treatment was not followed.
To receive funds, you must fully complete all documents and follow the established rules.
Important! If sick leave was not issued or an application was not drawn up, then payment may also be excluded.
Payment formula
Additional vacation is paid in the same way as the main one. Let's give an example: an employee is entitled to 28 days of main leave, as well as 8 days of additional:
Art. 126 of the Labor Code of the Russian Federation allows you to replace part of the vacation exceeding 28 days with monetary compensation.
The replacement procedure is simple. A written request for replacement must be submitted. Management, after considering the application, if approved, issues an order.
It must be remembered that in some cases replacement is prohibited by law:
- minors;
- pregnant women;
- employed in jobs with harmful and/or dangerous working conditions.
You can choose money
The main one must be taken off in full, and the second type of vacation can be replaced with money. Yes, many take so-called compensation - money instead of actual vacation. If the main rest period exceeds the minimum threshold of 28 days, then “extra” days can be taken in cash. The same applies to additional rest - everything that is above the minimum established by law can be received in the form of compensation.
The rule has exceptions. Additional leave for harmful workers and those employed in hazardous industries cannot be completely replaced with money. You need to take seven days off, but days (if any) exceeding these seven days can be replaced with money.
Pregnant women and minors are two other categories who are required to take all the time off that they are entitled to by law. Unless we are talking about dismissal, in which any employees have the right to receive compensation in money.
Sample application for compensation for additional leave
How to write an application for additional leave
The document is submitted to the manager in writing. There is no unified template, so the text is formatted arbitrarily. Mandatory details are standard:
- applicant details;
- data of the addressee (manager);
- the essence of the request;
- date and signature.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Next, the procedure is standard: the document is registered in the reception or personnel department, then it is endorsed by the manager, after which the personnel officer issues an order. The text of the order is brought to the attention of the employee.
Sample application for additional leave
Practical nuances
Providing additional time for annual vacation is possible only if several conditions are met. The most important of them is the presence of a foundation.
Reasons
In total, three grounds are provided in Article 124 of the Labor Code of the Russian Federation, which is considered decisive in this matter. Special cases:
- temporary incapacity for work confirmed by a sick leave certificate;
- government duties and activities. But you will need to have an established exemption from other work for this period. Participation in a jury trial or military training means release from main work for this period. It turns out that the vacation will be extended by the specified number of days that were spent;
- other private cases.
The last point includes local acts of regional and corporate significance.
Important! If, during an annual paid holiday in a region (subject) or country, an extraordinary day off was declared, the employee has the right to write an application for an additional day.
Is it possible to extend leave due to a child’s illness?
In case of illness of children or close relatives, a certificate of incapacity for work is not issued, which means that it is impossible to add additional days. For this procedure you will need to have a personal sick leave certificate.
In which case is it not possible to extend the leave?
If a vacation is taken out followed by dismissal, then days of illness are not added. The impossibility of additional rest will not affect the payment of sick leave, that is, the employer will be obliged to pay for it in any case.
Who is entitled to paid leave?
There are two types of paid:
The first is given to any employee with whom the administration has an employment relationship. This is mentioned in Articles 21 and 144 of the Labor Code of the Russian Federation. It lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Although there are longer periods during which the employee can rest at the expense of the employer.
The second one is not for everyone. Categories of persons are listed in Article 116 of the Labor Code of the Russian Federation.
Firstly, these are persons who work on irregular working hours. That is, they may be occasionally involved in performing functional duties outside the established working hours. The minimum number of days of rest that are added to the main one is three.
Secondly, for those who work in hazardous or harmful production – 7 days.
Thirdly, persons working in the RKS and equivalent territories - 24 or 16 days, respectively.
Fourthly, for employees with a special nature of work - established by the Government of the Russian Federation.
How to apply
It can be provided either in conjunction with the main rest period or separately from it.
To receive the coveted days, you must contact your employer in writing. The form of appeal may be free, but may be established by the accounting policy of the organization. In the first case, you can use a suitable sample from those we offer below. In the second - in the established form, it is provided by the HR department.
After this, you will need to issue an order indicating the period of work for which the employee is granted additional vacation days. It is mandatory for the employee to be familiar with this order.
In addition, it is required to enter the data from the order into the T-2 card.
Compensation for unused portion
Cash compensation can only be received for those days that exceed the basic 28. Such replacement is carried out at the request of the employee. To do this, you will also need to submit an application for compensation for unused vacation days.
If such an appeal came from a pregnant woman, a minor, working long hours or in hazardous work, then the request must be refused with reference to Part 3 of Art. 126 Labor Code of the Russian Federation. These categories of employees are not entitled to replace rest with cash payments.
Legislative regulation
As a general rule, regular paid leave can be granted to an employee hired under an employment contract for a period of at least 28 calendar days (Articles 114 and 115 of the Labor Code of the Russian Federation). The right to it arises after six months of work in the workforce (Article 122 of the Labor Code).
The categories of workers listed in Art. can count on paid leave in addition to the main days of rest. 116, 339, 348.10, 350 of the Labor Code, as well as other federal legislative acts. Let's look at it in more detail below.
General rules for granting leave
Any employee with whom an employment contract has been concluded (Articles 114 of the Labor Code of the Russian Federation) has the right to annual basic paid leave. As a rule, its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). A person can apply for annual rest for the first year of work after six months of work with a specific employer (Article 122 of the Labor Code of the Russian Federation). Further rest is provided in accordance with the vacation schedule (if the new employee was included in it).
General procedure for provision
Additional vacations, along with the main ones, must be planned, which is reflected in the vacation schedule compiled by the organization for the next calendar year. If the employee needs to take additional days outside of the schedule, then a personal statement indicating the start date of the vacation and its duration will be required.
The provision of paid days is formalized by order of the organization based on the vacation schedule or the employee’s application. It contains:
- information about the employee indicating his full name, position, timesheet number;
- the period for which paid additional leave will be provided;
- the number of rest days and the dates on which they fall.
It is mandatory for the employee to familiarize himself with the order against his personal signature. Additionally, entries are made in the T-2 card and the working time sheet. The report card is marked with o or code “10”.
Features of provision
- It can be combined with part of the main rest. If the main one is taken in advance, then the additional one can be provided only with the consent of the employer. If a vacation is taken together with the main one, then one application is written indicating the temporary periods of rest. If additional leave is taken separately, the reason is usually indicated. For example, family circumstances. Here we have posted a sample application for main and additional leave:
- The list of professions that are entitled to additional days off can be found in the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 (as amended on April 15, 2004, as amended on January 26, 2017) “On approval of the Instructions on the procedure for applying the List of production workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day.” Paragraph 18 of this Instruction states: if an employee has the right to be granted additional days off for several reasons, then the days are provided for only one of them (for example, he is an employee of the Far North and his work involves hazardous work).
- Additional rest for citizens working in hazardous work is not compensated with money.
- The minimum duration of additional rest for citizens engaged in hazardous work, according to the Labor Code of the Russian Federation, is seven days. If the company in which a person works, on the basis of local regulations, a large amount is established, such days off, at the request of the employee, can be replaced with monetary compensation. In this case, an additional agreement to the employment contract is drawn up.
Is it possible to combine main leave with additional leave?
Labor legislation does not prohibit citizens from combining main leave with additional leave. When calculating paid days of rest for a calendar year, they are summed up and can be provided simultaneously.
It is also permissible to split vacation days, subject to the conditions of agreement with management and the duration of one of the parts is at least 14 calendar days. Therefore, having taken one of the vacations in the amount of 14 days, the employee can choose another part for at least one or two days. But only with the consent of the manager.
Additional paid leave can be replaced with monetary compensation based on the employee’s application (Article 126 of the Labor Code).
If an employee gets sick while on vacation
It also happens that while on paid leave an employee becomes ill.
It should be borne in mind here that vacations are provided exclusively for rest, therefore, in case of illness, employees have the right to open sick leave. If during vacation a citizen gets sick and opens a certificate of incapacity for work, the vacation is extended by the number of remaining days or postponed to another period. The employee must coordinate these nuances with the employer.
Important! If sick leave is not provided, sick days will be counted as vacation and disability benefits will not be accrued.
When applying for different types of leave, employees must adhere to certain registration rules and deadlines. This guarantees the smooth preparation of all accounting and personnel documents, as well as the receipt of vacation pay on time.
Who is entitled to another vacation?
There are employees who are entitled to another vacation. According to Art. 116 Labor Code of the Russian Federation, it is provided:
- employees with irregular working hours;
- people working in harmful and/or dangerous conditions;
- citizens working in the Far North and equivalent territories;
- employees performing work of a special nature;
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Cases when an employee can exercise this right are specified in the Labor Code of the Russian Federation and other regulatory legal acts. Let's see how many days of rest employees can claim:
Number of additional days of rest
Workers in hazardous/harmful production
Government Decree No. 870 of November 20, 2008
The special nature of work
Established by the Government of the Russian Federation for example for
general practitioners 3 additional days in accordance with the resolution of December 30, 1998 No. 1588
Workers of the Far North
Citizens working in areas equated to RKS
Workers of the Northern regions
Federal Law No. 4520-I dated February 19, 1993
Based on Art. 350 of the Labor Code of the Russian Federation, certain categories of medical workers may be granted one more leave. In addition, it is available to citizens working in representative offices of the Russian Federation abroad in countries with special conditions (Article 339 of the Labor Code of the Russian Federation), as well as athletes and coaches (Article 348.10 of the Labor Code of the Russian Federation). Its duration and the conditions for its provision are determined by the Government of the Russian Federation (Part 2 of Article 118 of the Labor Code of the Russian Federation).
