Vacation at any time at the request of the employee: who has this right?

Employee categories

Are there other categories of employees who can dictate to the employer when they need to be granted annual paid leave?

Of course, there are plenty of such categories. Here is a complete list of such categories of privileged workers:

1. Workers under 18 years of age.

Vacation time : convenient for the employee, including before the expiration of six months of continuous work with a given employer. Reason : Article 267, para. 3 hours 3 tbsp. 122 Labor Code of the Russian Federation;

2. Women.

Time for granting leave : before the start of maternity leave or immediately after it, including before the expiration of six months of continuous work with a given employer. Reason : paragraph 2, part 3, art. 122, art. 260 Labor Code of the Russian Federation, Letter of Rostrud dated March 18, 2008 No. 659-6-0; Immediately after the end of parental leave, regardless of length of service with this employer. Reason : Article 260 of the Labor Code of the Russian Federation.

3. Husbands whose wives are on maternity leave.

Leave time : the period the wife is on maternity leave. Leave is granted regardless of how long the spouse has continuously worked for a given employer. Basis : part 4 tbsp. 123 Labor Code of the Russian Federation, art. 30 of the Federal Law of November 15, 1997 No. 143-FZ.

4. An employee who has adopted a child (children) under the age of three months.

Vacation time : until the end of six months of continuous work with a given employer. Reason : paragraph 4, part 3, art. 122 Labor Code of the Russian Federation, art. 274 Code of Civil Procedure of the Russian Federation.

5. One of the parents (guardians, trustees, foster parents) raising a disabled child under the age of 18.

Vacation time : convenient for the employee. Leave is granted until the day the disabled child reaches the age of 18. You will need a certificate establishing the child's disability. Reason : Article 262.1, Part 4 of Art. 123 Labor Code of the Russian Federation, art. Art. 23, 43 of the Federal Law of November 15, 1997 No. 143-FZ, Art. 14 of the Federal Law of April 24, 2008 No. 48-FZ.

6. Persons awarded the badge “Honorary Donor of Russia”, “Honorary Donor of the USSR”.

Vacation time : convenient for the employee. Grounds : clause 1, part 1, 2 art. 23 of the Federal Law of July 20, 2012 No. 125-FZ, Appendix No. 7 to the Order of the Ministry of Health and Social Development of Russia of March 31, 2005 No. 246.

7. Part-time workers.

Vacation time : the period of annual paid leave at the main place of work, including before the expiration of six months of part-time work. Basis : part 1 art. 286 Labor Code of the Russian Federation.

8. One of the parents (guardians, trustees) with a child (children) under the age of 18, if the employing organization is located in the Far North or an equivalent area.

Time for granting leave : the period of accompanying a child under the age of 18 entering educational programs of secondary vocational education or higher education in organizations engaged in educational activities located in another area. Basis : part 5 art. 322 Labor Code of the Russian Federation; Appendix to the Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368.

9. Faces:

• those who received (suffered) radiation sickness and other diseases associated with exposure to radiation as a result of the disaster at the Chernobyl nuclear power plant or with work to eliminate its consequences;
• who became disabled as a result of the Chernobyl disaster, listed in clause 2, part 1, art. 13 of the Law of the Russian Federation of May 15, 1991 No. 1244-1.

Vacation time : convenient for the employee. Reason : clauses 1, 2, part 1, art. 13, clause 5, part 1, art. 14, part 4 art. 15 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 728, Ministry of Health and Social Development of Russia No. 832, Ministry of Finance of Russia No. 166n dated December 8, 2006, and Appendix No. 1 to it.

10. Workers and employees, military personnel, commanding and rank-and-file personnel of the Department of Internal Affairs and the State Fire Service who received occupational diseases associated with radiation exposure while working in the exclusion zone, including disabled persons from among these persons.

Vacation time : convenient for the employee. Grounds : clause 5, part 1, art. 14, part 2 art. 16 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 728, Ministry of Health and Social Development of Russia No. 832, Ministry of Finance of Russia No. 166n dated 08.12.2006.

11. Persons who participated in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, listed in clauses 3, 4, part 1, art. 13 of the Law of the Russian Federation of May 15, 1991 No. 1244-1.

Vacation time : convenient for the employee. Reason : paragraphs 3, 4, part 1, art. 13, para. 1 part 1, item 1 part 3, part 4 art. 15 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 727, Ministry of Health and Social Development of Russia No. 831, Ministry of Finance of Russia No. 165n dated December 8, 2006, and Appendix No. 1 or No. 2 to it.

12. Persons evacuated from the exclusion zone or resettled from the resettlement zone or who voluntarily left these zones, including children, including children who were in a state of fetal development at the time of evacuation.

Vacation time : convenient for the employee. Grounds : clause 6, part 1, art. 13, clause 5, part 1, art. 14, part 1 art. 17 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 228, Ministry of Health and Social Development of Russia No. 271, Ministry of Finance of Russia No. 63n dated April 11, 2006, and Appendix No. 1 to it.

13. Citizens who were exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and received a total (accumulated) effective radiation dose exceeding 5 cSv (rem).

Leave time: convenient for the employee. Reason : clause 15 of Art. 2, art. 5 of the Federal Law of January 10, 2002 No. 2-FZ, Appendix No. 4 to the Procedure approved by Order of the Ministry of Emergency Situations of Russia of September 18, 2009 No. 540.

14. Children of the first and second generations of citizens who accepted in 1957 and 1958. direct participation in the work to eliminate the consequences of the accident at the Mayak production association, suffering from diseases due to the effects of radiation on their parents.

Vacation time : convenient for the employee. Reason : Article 12 of the Federal Law of November 26, 1998 No. 175-FZ, clause 5, part 1, art. 14 of the Law of the Russian Federation dated May 15, 1991 No. 1244-1, Appendix No. 8 to the Regulations approved by Order of the Ministry of Emergency Situations of Russia dated April 24, 2000 No. 229.

15. Persons from the special risk unit listed in paragraph 1 of the Resolution of the Armed Forces of the Russian Federation dated December 27, 1991 No. 2123-1.

Vacation time : convenient for the employee. Grounds : clause 5, part 1, art. 14 Law of the Russian Federation dated May 15, 1991 No. 1244-1, para. 1 - 3 clause 2 of the Resolution of the Armed Forces of the Russian Federation dated December 27, 1991 No. 2123-1, clause 1 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated September 22, 2016 No. 590, and Appendix No. 5 to it.

16. Combat veterans.

Leave time: convenient for the employee. Reason : subclause 11, clause 1, art. 16, pp. 4 p. 2 tbsp. 16, pp. 3 p. 3 art. 16 Federal Law of January 12, 1995 No. 5-FZ.

17. Military spouses.

Time of leave : time of leave of the military spouse. Basis of Art. 30 of the Federal Law of November 15, 1997 No. 143-FZ, paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel.”

18. Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory.

Vacation time : convenient for the employee. Basis : part 2 tbsp. 6 of the Federal Law of 01/09/1997 No. 5-FZ, paragraph 9 of the Instructions approved by the Resolution of the Presidium of the USSR Supreme Court of 06/11/1980 No. 2260-X.

19. Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory.

Vacation time : convenient for the employee. Grounds : paragraphs 1, 2 of Art. 1.1, paragraph 3 of Art. 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory.”

20. Employees recalled from annual paid leave.

Vacation time : at a time convenient for the employee during the current working year or by joining the vacation for the next working year. Basis : part 2 tbsp.
125 Labor Code of the Russian Federation.

“Convenient” leave without taking into account continuous work experience

Some categories of workers can go on “convenient” leave even without the need for compulsory six months of work:

• Pregnant women can take time off before or after maternity leave. In addition, this opportunity is provided after the end of parental leave (Articles 122, 260 of the Labor Code of the Russian Federation).
• If the wife is on maternity leave, then her husband also receives the right to “convenient” leave (Article 123 of the Labor Code of the Russian Federation).
• Minor workers (Articles 122, 267 of the Labor Code of the Russian Federation).
• Employees who have adopted one or more children under the age of 3 months. (Article 122 of the Labor Code of the Russian Federation).

List expansion

The above list of categories of employees can be expanded by the employer, i.e. similar guarantees may be provided for other categories of employees by collective agreement or local regulations of the employer.

If the employer does not comply with the legal requirement to provide leave to the above categories of employees at a time convenient for them, then this is a gross violation of the law with a significant degree of damage to the employee, which is especially punishable by supervisory authorities.

Is it necessary to go on vacation for all days?

Some employees prefer not to take a full vacation, but to divide it into parts. This does not contradict Russian legislation, but on condition: one of the parts of the annual leave must be at least 2 weeks. The division of leave into parts occurs by mutual agreement of the employee and the employer.

Theoretically, the minimum part of the vacation can be even one day. But in practice, splitting it into such short parts is not encouraged, because a person needs time for proper rest and recovery.

Benefits for choosing vacation time for working pensioners and labor veterans Moscow

• Early withdrawal from vacation is possible only with the written consent of the vacationer.
• Procedure for registration Days of rest at one's own expense are provided to a working veteran of retirement age upon his written application, indicating the reason. The employer may refuse to provide unscheduled days without pay within the requested period if production needs require the presence of a specialist at the workplace, and offer to transfer the preferential rest to other dates.

Thus, the legal acts of Moscow and the Moscow region established additional leave for labor veterans and old-age pensioners in 2021 for a period of 35 calendar days. Regional documents of the Sakhalin region do not provide such a preference for VT, and by default the terms of additional days of rest are 14 days.

Moscow vacation for labor veterans and working pensioners

• On what basis can a veteran apply for an additional vacation period?
• The nuances of providing an additional vacation period
• Duration of vacation period
• The procedure for registering a vacation period
• Conclusion

Registration will be carried out on a general basis. Providing additional leave to labor veterans Additional leave to labor veterans in Moscow Article 128 of the Labor Code of the Russian Federation determines that old-age pensioners, but who continue to carry out their labor activities, are provided with additional unpaid days in the amount of 14 calendar days per year. Working pensioner veterans have the opportunity to go on administrative leave once a year for 30 days. A complete list of benefits and privileges for labor veterans in the city.

Vacation for a working pensioner and labor veteran Moscow

• if a citizen began working at the time of the Great Patriotic War, before reaching the age of majority, and his work experience is at least 35 years for women and 40 years for men;
• if the citizen owns awards or honorary titles of the Russian Federation, the RSFSR or the USSR.

Because according to the law, the employer cannot refuse him this. The procedure for obtaining leave for this category will be standard. But you need to understand that despite the benefits, it is best to warn the employer about the possibility of going on vacation in advance. This will ensure good relations with management and will not make it difficult to select a replacement while the beneficiary is absent from the workplace. When exercising the right to receive preferential leave, local laws must also be taken into account. They can expand the number of additional options. Federal legislation creates a framework that acts as a minimum set of social and labor guarantees. But regional authorities, based on their own needs, can expand this set. Conditions for receipt Registration of leave under preferential opportunities requires several conditions.

Let's sum it up

• A number of categories of employees, determined by the Labor Code of the Russian Federation, federal laws, industry agreements, and local regulations of the employer, have the right to “convenient” leave.
• Before going on a “convenient” leave, the employee must write an application and provide the employer with documents confirming the right to such leave.
• “Convenient” vacations for employees are not necessary, but it is advisable to record them in the general vacation schedule.

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Who has more rights to vacation in summer: parents of two children, a child under 3, 7, 14 or 18 years old

The Labor Code of the Russian Federation does not have a separate rule that would oblige the employer to provide parents of children under 18 years of leave at the desired time based only on the fact of parenthood, however, Art. 423 of the Labor Code of the Russian Federation provides for the possibility of applying other legal acts, including resolutions and orders of the USSR Council of Ministers. In our case, we are talking about leave for mothers of children under 12 years of age.

Resolution of the CPSU Central Committee and the USSR Council of Ministers “On measures...” dated January 22, 1981 No. 235 was adopted more than 30 years ago and was in force until 2017. However, in 2021, the Government of the Russian Federation adopted a decree “On recognizing as invalid...” dated March 2, 2017 No. 243, by which the above resolution of the CPSU Central Committee and the USSR Council of Ministers lost force. Today, women with minor children, regardless of their number and age, do not have the right to receive extraordinary leave in the summer.

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Accordingly, neither parents of two children, nor parents of children under 3, 7, 14 or 18 years of age today have any advantages over childless employees in terms of providing them with leave out of turn - in the summer or at other times of the year.

Vacation benefits for working pensioners and labor veterans

1. Let's calculate how many days a labor veteran worked in each month out of eleven: divide 226 days by 11 months = 20.55 days per month.
2. Let's determine the total period of work in risky conditions: divide 184 days by 20.55 days = 8.95 months.

What benefits do veterans of labor have for working pensioners in 2021? It is important to know that the enterprise administration has no right to refuse to provide preferential leave to a working veteran of labor and an old-age pensioner. In the absence of truly valid reasons, the employer can only propose to postpone the date. Otherwise, the issue will be resolved in court in favor of the working pensioner. The law does not oblige an employee of retirement age to take out the entire vacation period.

Benefits for choosing vacation time for working pensioners and labor veterans Moscow

• One of the parents, if the child is disabled, or one of them is undergoing long-term treatment in a clinic, provided that there are two children and both are under 15 years old - up to 14 calendar days per year.
• Veterans of war and labor - about 30 calendar days.
• Citizens who have invaluable services to the Fatherland - up to 14 unpaid days.
• Persons who have distinguished themselves by significant merits – up to 21 calendar days.
• Pensioners who retired due to age, as well as disabled people of group III - up to 30 free days.
• Citizens with II or IV disability group - up to two months (60 calendar days).

Additional leave for labor veterans (working pensioners) In this area, local legislation governs the issuance of leave. One should rely on its provisions. Thus, there are areas in which there are no additional benefits in this regard.