How many days of vacation do doctors have according to the Labor Code of the Russian Federation, the right to rest for medical workers

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Every worker, in accordance with Articles 114 and 115 of the Labor Code of the Russian Federation, has the right to leave, paid in the prescribed manner. This type of vacation lasts for at least 4 weeks.

In addition, labor legislation reserves for some groups of citizens the right to receive additional days, which the employer will have to pay according to labor law rules. You can find out how many vacation days doctors have from the article below.

Right of medical workers to leave

28 days - this is the amount of time the vacation lasts, which should be granted to every working person.
This standard applies to all categories of workers, and doctors are no exception. It is worth recognizing that the work of medical staff has some peculiarities, therefore Article 350 of the Labor Code of the Russian Federation provides for the allocation of additional days for vacation for almost all categories of doctors.

The length of leave may vary among different categories of employees in the medical industry. This can also be affected by harmful factors, features of activities that lead to physical or nervous strain. These circumstances accompany the work of many groups of medical staff.

Some legislative documents reflect these facts, including:

• Government Decree No. 1588;
• Government Decree No. 482;
• a number of other legislative acts, the content of which should be known to the employer’s representative in the process of calculating the time a particular employee is on vacation.

In accordance with the above documents, an employee of a healthcare organization has the right to funded leave, provided annually. If the activities of such an employee are aggravated by certain circumstances, his vacation becomes longer by a certain number of days.

What does the duration depend on?

The right to rest for every citizen who has entered into an agreement with an institution is enshrined in the Constitution of the country, ILO Convention No. 132, and labor legislation. In addition to other vacation options, workers have the right to take vacation. The duration of the vacation depends on:

• Types of vacation.
• Environmental labor factors.
• Areas of activity, positions.
• Work schedule mode.
• Continuous work experience.
• The presence or absence of disability.
• Employed age.

Main holiday

The annual leave granted may fall into one of two categories and be either basic or additional.
An employee has the right to go on basic paid leave if he has been working at a new place of work for more than 6 months.

To determine the order in which doctors go on vacation, a schedule is drawn up that takes into account the order of rest of employees. The schedule may reflect the specifics of the institution’s work, so at different times of the year different numbers of people can receive vacation. The employee is obliged to adhere to order, however, when drawing up the document, the wishes of each employee can be taken into account, if possible.

If a health worker has continuously performed his duties for six months, he can count on being granted leave in full (28 days). Management does not have the right to demand that vacation be divided into two or more parts.

Features of granting leave to health workers

There is a mandatory condition according to which the first vacation of medical workers in a calendar year must be more than fourteen days. The remaining period of the main rest can be divided at your discretion. The legislation also states that an employee has the right to take his first vacation only after six months of work.

The procedure for applying for additional days off is similar to the standard algorithm. The only difference is that not all employees have the right to them:

• the facility is dangerous or harmful due to the negative effects of chemicals or the likelihood of serious injury;
• the place of work is in the Far North or territories equivalent to it;
• area of ​​special nature;
• The work schedule is irregular.

Therefore, all doctors who work in areas equated to the Far North have the right to receive additional rest time. This factor is the main one when finding out what kind of vacation doctors have in certain regions of residence.

Labor legislation also separately defines certain categories of medical workers entitled to overtime days off. But this is only possible in cases where the working conditions are equivalent to the first degree. The minimum period of additional rest is one week.

Legislative regulation

Regulation is carried out on the basis of RF PP No. 482 and No. 1588. Leave can be annual or additional. The first is intended for all employees who have more than six months of work experience. If the parties have agreed among themselves, then it may be provided earlier than the deadline established by law. Regulation is carried out on the basis of Article No. 122 of the Labor Code of the Russian Federation. Each organization and body determines how many days of vacation medical workers have and draws up a strict schedule. Therefore, when setting a holiday date, both factors will be taken into account.

Terms of service

The law establishes that every employee can count on 28 days. Additional rest is provided to a limited number of doctors. The possibility of receiving days off is regulated by the employer. You can familiarize yourself with the detailed conditions in the local documents of the organization in which the employee is employed. But there are categories of workers for whom the period of additional rest is determined at the legislative level and is mandatory to provide.

Kinds

Vacation can be of two types - mandatory and optional. The conditions for the provision of each of them are regulated at the legislative level.

1. Required. The main term means a period of 28 days established for all officially employed employees who have worked in one place for more than a year.
2. Additional. Not available to everyone. To take advantage of the bonus, you must have certain grounds (belong to a special category of citizens or have appropriate agreements with the employer, reflected in the concluded employment contract). The number of days of leave for doctors is affected by the basis on which it was granted.

It is important to know! For minors, the duration increases to 31 days. Leave is annual. The entire period of absence from work is paid. If a doctor has not used all the days provided by law, then he has the right to receive payment in financial equivalent (calculated depending on the average salary throughout the year).

Additional leave

The work of a doctor has one very important feature - it can be irregular. It is also possible that there are harmful factors that arise in the process of activity, a special type of work. In these cases, the employer has the right to set the terms of additional vacations. This information must be additionally recorded by creating a local act.

Government Decree No. 1588 contains information that certain categories of workers can count on 3 days of vacation.

It is important that the experience in the field of medicine must be 3 years or more.

This group of workers includes:

• nurses;
• general practitioners;
• family doctors.

Other categories of employees may qualify for more vacation days.

For working under hazardous working conditions

Article 350 of the Labor Code of the Russian Federation recommends providing additional vacation days to the following groups of employees:

• employees whose activities are carried out in hazardous conditions;
• personnel with a special nature of activity;
• employees who can be involved in work for an unlimited amount of time;
• some other categories (general practitioners, as well as local doctors).

The employer can establish an increased duration of rest if the documentation does not contain information about the duration of additional vacations.
Providing such leave will be legal if its procedure is reflected in the local act of the institution.

In 2014, it became common practice to assess the working conditions of each group of workers.

It is this procedure that determines how harmful a certain profession is. The result that confirms the presence of harmful factors is a score of 2, 3 or 4 points.

From this date (2014), the provision of additional paid leave became possible not for position or length of service, but for conditions that were recognized by the certification commission as harmful. Such an assessment should be carried out in every institution.

If an individual organization has not carried out this procedure, then providing additional periods of vacation on legal grounds will be considered impossible.

Legislative acts on the topic

Categories of health workers

Several categories of employees can apply for additional leave for medical workers. In this case, the period of such rest may be:

1. 35 days for a doctor - psychiatrist, medical personnel, psychologist.
2. 28 days for the head nurse working in a psychiatric clinic. All specialists should work in a field such as psychiatry.
3. 21 days for clinical laboratory staff in psychiatry and x-ray room staff involved in anti-tuberculosis care.
4. 14 days for a dietitian, as well as a medical registrar in a psychiatric hospital. Doctors and nurses at tuberculosis dispensaries also have the right to additional leave for doctors of the same duration; organizations specializing in helping people with HIV and diagnosing the disorder; personnel of clinical laboratories of institutions of this type, this applies to psychologists and persons who work with materials containing HIV.

Based on data obtained during the workplace certification process (must be carried out once every five years).
Additional leave for medical workers is provided if the commission has confirmed the harmfulness of the conditions of their work, classifying them as categories 2 and 3.

This is important, since categories 2 and 3 guarantee that the employee will receive vacation, the minimum duration of which is 7 days.

If regulations are drawn up and additional labor agreements are concluded, then the number of additional vacation days provided may be increased.

Results

In 2021, some health workers have the right to take additional time off in addition to their main vacation. So, if a specialist is a general practitioner (family doctor), then he is entitled to at least 3 additional days of vacation. Employees of medical institutions and organizations that provide mental health care, treat and fight the spread of tuberculosis and HIV infection are entitled to additional days of leave for the harmful conditions in which such specialists work. Moreover, for them the specific duration of leave depends on the position held.

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More details

Procedure for provision

Providing leave of any category (both main and additional) is possible only after agreeing on the time. Each institution has a vacation schedule, which is drawn up in advance, most often in December of the previous year.

The document must be completed by the middle of the month, but the deadlines can be flexible: the specifics of the medical institution play a big role in this.

We should not forget that when drawing up a schedule for providing annual paid leave, management must take into account the wishes of each employee and implement them fully (as far as possible). If necessary, the vacation of medical workers can be divided into two or three parts, but there are cases when an employee was on vacation 4-5 times within one year.

Each period was short, but the minimum duration could not be less than 14 days. As an illustration, consider the following example. A certain nurse working in a psychiatric clinic is entitled to 56 days of leave.

She expressed her wish to management that her vacation be divided into four parts, each lasting 14 days.

To do this, the employee notified management through a statement during the scheduling process.

Interestingly, the nurse asked to transfer the unused part of the vacation to other periods.

Two weeks before the due date, the organization’s personnel specialist notifies the employee about the impending onset of vacation, prepares an order for review, and 3 working days before the start of the period (and no later) undertakes to make vacation pay payments.

Features of calculating vacation pay

You can do a preliminary calculation of vacation pay yourself, without the help of an accountant working in the institution. To do this, you should take into account some features of calculating days worked for which an employee is entitled to leave.

It is important that not every working period can be taken to calculate the amount of vacation pay (and, accordingly, the amount of average earnings).

Exceptions will be:

• the employee has had administrative leave in the past year that lasted more than two weeks;
• confirmed fact of absence from work (absenteeism);
• the fact of removal from activity for reasons provoked by the employee himself.

Thus, for the actual calculation of the amount of vacation benefits, only periods during which the employee did not leave the workplace can be used.

If during the year the employee provided a certificate of temporary disability, then this period will also be deducted from the total number of days worked.

The following periods are also not included in the calculation of vacation pay:

• the used part of the vacation for the previous calendar year;
• days of absence with job retention.

Vacation pay should be calculated based on Article 139 of the Labor Code of the Russian Federation. In it you can find formulas according to which benefits must be paid.

In 2014, the calculation coefficients were slightly changed: the calculation coefficient changed from 29.4 to 29.3. The coefficient should be applied to average daily earnings.

It is calculated based on the sum of all money received for work, divided first by 12 and then by the above number.

The result will represent the benefit amount for one day of vacation. To get the final result of the calculations, you should multiply the number by the number of vacation days.