How is leave provided to working pensioners?

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Published: 05/31/2016

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Retirement age in our country is not an obstacle to continuing to work. Labor legislation protects this category of working citizens by providing them with special benefits. For example, according to Article 64 of the Labor Code, an employer does not have the right to refuse a pensioner if the latter wishes to conclude an employment contract with him (such a refusal is prohibited).

The following benefit from the sphere of labor relations allows a person who has the right to receive pension payments and at the same time continues to work to take additional leave annually (Article 128 of the Labor Code, part two). Pensioners also have the right to apply for part-time work on a reduced schedule (Article 93 of the Labor Code). Of course, the decision in this case remains with the employer, but according to the law, the pensioner has such an opportunity.

And if desired, the employer can improve or change working conditions in order to make the work of older people easier or establish an additional pension supplement.

Such benefits are included in local acts of the organization or enterprise.

• Vacation periods and their duration
• Additional holiday benefits
• Documenting
• Possibility of revocation

What vacations are available to working pensioners?

Regardless of the fact that new conditions for retirement have been applied in 2021, providing for a retirement age of 60 years for women and 65 years for men, preferential working conditions in the event of retirement age have been preserved.

Expert commentary

Kamensky Yuri

Lawyer

As before, while pensioners continue to work, the state provides certain preferences in terms of providing vacation time for rest. Chapter 19 of the Labor Code of the Russian Federation is devoted to possible options for leave provided to working citizens. It also applies to working citizens who have reached retirement.

According to the law, employees who have reached retirement age are entitled to:

• compulsory annual leave with payment of benefits lasting 28 days according to the calendar;
• additional vacation days with payment in an amount depending on the nature of the work and its location;
• leave without pay, provided to pensioners at their request for a two-week period.

Let's look at the features of each type of vacation.

Rules for filling out an application

In an application for administrative unpaid leave, the following information must be provided:

• Full name of the head of the company, position held by him;
• full name of the institution;
• information about the employee - full name, position in which he is employed;
• name of company;
• the main part is why unfunded vacation days were required (if you have the status of an employed citizen who has retired);
• clarified time frames required for rest;
• personal signature of the employee;
• date of writing the application.

The application must indicate information about the employee, the time frame of leave, etc.

It is not necessary to apply in advance. The employee can submit an application at any time, the employer undertakes to accept it and provide vacation days. An application submitted by a working pensioner for the purpose of providing unpaid days off will be noted in the organization’s specialized journal.

After the application is submitted and reviewed by the organization’s management, an order is issued. For this purpose, the standard T-6 form is used; you can issue an order in free form. After the order is drawn up, it is given to the employee so that he can familiarize himself with it.

Important! Guided by the order on days off, an accountant or HR department employee will record the information in the work hours sheet and the employee’s personal card.

The time sheet indicates that the employee has gone on unpaid leave

As soon as a working pensioner has written and submitted an application for unfunded administrative leave, management must immediately comply with the request of their subordinate and give him 14 days of leave at his own expense. An employee can submit a request when it is convenient for him; the labor law does not provide a strict framework in this matter.

Mandatory annual leave for pensioners

Like any officially working citizen, pensioners should be annually given a rest period of 28 days according to the calendar. It can be provided after six months after getting a job.

During the vacation period, employees retain their position and place of work. The enterprise is obliged to pay for vacation time in the amount of the average daily earnings accrued for these days. This provision is guaranteed by Article 115 of the Labor Code of the Russian Federation to all employees, including working pensioners. Therefore, their paid basic leave cannot be less than the statutory 28 days.

If a pensioner combines work in one or different organizations, then the same conditions and rights to annual leave should apply to him. This is enshrined in Art. 286 Labor Code of the Russian Federation.

Important! Leave is granted not for the calendar year, but for the annual period worked, calculated from the moment the employee joins the enterprise, with the exception of the first leave, which the employee can take in advance after 6 months of continuous work.

A pensioner can take vacation, like other employees, at a time agreed upon with the administration, according to a previously drawn up schedule. Vacation based on a pensioner’s application may be transferred to another time different from the schedule, subject to agreement with the employer. There must be a good reason for this.

How many days can you apply?

All working pensioners, without exception, are entitled to leave at their own expense. The duration of such rest will depend on the category of the beneficiary.

According to the Labor Code, the duration of the “free” vacation period is:

• for WWII participants – 35 days;
• for military pensioners (combatants) – 35 days;
• for labor veterans – 35 days;
• for disabled people – 60 days;
• for parents and wives of military personnel – 14 days.

For working pensioners who are not included in the list of preferential categories listed above, a standard option of additional leave for two weeks is provided.

Important! An elderly employee has the right to take advantage of legal additional leave for family reasons: death of a loved one, marriage, birth of a child in the family, etc. Number of days - 5.

Unpaid leave can be initiated by the manager himself. In this case, he is obliged to obtain a written consent-application from a working retired employee.

In case of refusal to consider the application or provide the employee with days without pay, you can file a claim with the courts. Protecting your interests in court is the right of every Russian.

According to the same Article 128 of the Labor Code of the Russian Federation, a citizen has the right to end his vacation early and return to work. In this case, he will need to warn his superiors about his decision.

Rules for calculating vacation benefits

The amount of compensation payment for vacation time is calculated according to the following algorithm:

• A period is selected for calculating the pensioner’s average daily earnings. If he has been working at the enterprise for more than one year, then the earnings for the full previous year are taken into account, if he did not work for the whole year before the vacation, then all the time worked is taken into account;
• The total amount of earnings for the period selected for calculation is calculated.
• The average daily earnings of a pensioner are determined. To do this, the amount of total earnings for the billing period is divided by the number of days actually worked during this period.
• The amount of vacation pay is established. The calculated average daily earnings are multiplied by the number of vacation days.

Payment of benefits must be made no later than three days before the start of the vacation.

When a pensioner works under a temporary contract for a period of less than 2 months, or performs seasonal work, the duration of vacation is calculated based on the condition of providing two vacation days for each month worked. This provision was introduced by Art. 291 and Art. 295 Labor Code of the Russian Federation.

Leave to care for grandchildren

A grandmother or grandfather has the right to arrange for the care of a grandson or granddaughter until they reach the age of 3. To do this, 10 days before the start of the date specified in the application, an application written in free form is submitted.

Such leave is issued either for the entire period of care or for a certain period. In this case, the first part is paid, the second is without content. In any case, during maternity leave, the rate remains the same, and the period of care is counted towards the length of service.

Additional paid leave

In addition to the 28 vacation days with payment of benefits established by the state, some categories of workers are entitled to additional days of rest with compensation of earnings.

These employees include citizens whose activities include:

• in conditions with extreme climates, in remote areas of the Far North. They are provided with 24 additional days of rest;
• in other extreme zones, with a climate equivalent to the conditions of the Far North. They are entitled to an additional 16 paid days;
• in hazardous conditions that are harmful to health. They are entitled to an additional 7 days of vacation;
• with existing disability. They can rest for an additional 6 days;
• in special extreme conditions. The duration of the vacation provided is agreed upon when concluding an agreement with the employer;
• in conditions with irregular working hours. They are given an additional three days of vacation.

Additional leave is provided for all listed employees, including those of retirement age. It can be used simultaneously with the main leave provided by law.

At some enterprises, employers themselves, by internal regulations or the terms of a collective agreement, establish the provision of additional vacation days to older employees, regardless of working conditions, since work itself in old age can be considered special.

Expert commentary

Leonov Victor

Lawyer

By agreement with the retired employee himself, additional days of vacation may be replaced by cash payments. An exception is leave granted to employees working in hazardous conditions.

What does the labor code say?

A person who continues to work after retirement becomes the owner of certain benefits, one of which is an additional rest period.

Issues of benefits are regulated by the following articles of the Labor Code of the Russian Federation:

• 64 – the concluded employment contract is the basis for the provision of rest;
• 81 – an employee on vacation cannot be fired;
• 116 – list of persons who have the right to additional rest;
• 117 – workers of harmful and dangerous professions;
• 118 – workers engaged in special work;
• 119 – list of persons who have irregular working hours;
• 127 – compensation in cash equivalent for unused period upon dismissal;
• 128 – list of persons who have the right to additional unpaid leave.

Leave for pensioners without payment of benefits

According to Article 128 of the Labor Code of the Russian Federation, in addition to the main annual leave, an employee of retirement age is entitled to rest days without payment of benefits for a period of two weeks (14 days). An employee, if he is a pensioner, can take unpaid vacation days at his own discretion at any time by submitting an application to the management of the enterprise. In comparison with the main leave, which is subject to mandatory approval by the employer and provided in accordance with the drawn up schedule, unpaid leave must be provided during the year at the first request of the oldest employee; it does not need to be agreed upon with management.

Important! It is illegal to recall a pensioner from vacation ahead of schedule, except in cases of force majeure.

All pensioners have the right to leave without pay, regardless of the conditions and nature of work, as well as its schedule. The duration of free rest depends on the status of a working pensioner. For example, if he is disabled, then in addition to the main vacation, he is entitled to 60 additional days of vacation every year without payment of benefits. WWII veterans are given 35 days of rest.

Has anything changed in 2021?

2019 did not bring changes to the system of providing additional leave for pensioners. Citizens can still take advantage of bonus days.

But from 2021, pensioners have the opportunity to take out additional days of rest. Now Article 185.1 of the Labor Code of the Russian Federation allows older citizens to attend a medical examination without loss of wages.

The Labor Code allows pensioners to receive two days of rest to undergo medical examination within one year. These days are paid depending on the average salary of a person per work shift during the last month.

Registration of the possibility of receiving paid leave for medical examination occurs in accordance with the plan:

1. Agree on a time for examination at the clinic.
2. Compose a statement and send it to your manager.
3. Obtain a signature from the manager.
4. Receive an order containing information about the two-day leave provided.

This period does not apply to a full vacation, since the pensioner is sent to undergo a commission. At the moment, there is no obligation for pensioners to provide proof of attendance at health screening events.

Additional leave without pay provided to labor veterans

Unfortunately, there are few veterans of the Great Patriotic War left in 2021, and only a few working among them. Therefore, the conditions for granting them additional leave are of interest to a limited number of people.

In Russia there is such a thing as a labor veteran. Many citizens of retirement age, including working ones, have this title. Therefore, it is important what is the duration of the unpaid leave granted to them, whether it differs from the two-week unpaid rest provided to all working pensioners.

Legislation does not provide for an increase in the period of additional free leave for citizens holding the title of labor veterans. However, for some regions, local authorities for this category of workers have established a period of such leave of 35 days according to the calendar. For example, such a provision was introduced for working pensioners - labor veterans living in the Moscow region.

Results

So, pensioners are entitled to additional leave only on a general basis. For example, if a worker of retirement age works in the Far North, in hazardous production, or in other conditions that differ from normal ones. It is possible to take a vacation whose duration exceeds the limit established by the legislator, but the employer will not pay wages for it. The maximum duration of rest “without pay” that the employer is obliged to provide to the employee is two weeks. In addition, the employee has the right to paid time off to undergo a medical examination - such a reason for not attending work is not a vacation in the usual sense of the word, but it will allow him to receive an average salary during his absence from the workplace. Thus, the pensioner will not be able to rest more than he should - the legislator does not provide additional paid leave for persons who have reached retirement age and do not have benefits.

Sources

• https://infportal.ru/lgoty/dopolnitelnyy-otpusk-rabotayuschim-pensioneram.html
• https://voensluzhba.ru/pensioner/otpuska-rabotayushhim-voennym-pensioneram.html
• https://propravo.guru/pensionery/dopolnitelnyj-otpusk-rabotayushhim-pensioneram-v-2021.html
• https://nalog-nalog.ru/otpusk_i_vremya_otdyha/dopolnitelnyj-otpusk-rabotayushim-pensioneram/
• https://patrikki.ru/lgoty-info/pravo-rabotayushchego-pensionera-na-dopolnitelnyj-otpusk.html
• https://eng-metodika.ru/lgoty-rabotayushhim-voennym-pensioneram-po-otpuskam/
• https://pfrp.ru/faq/dopolnitelnyj-otpusk.html
• https://pravo.team/trudovoe/otpusk/pensioneru.html
• https://sovets24.ru/2105-dopolnitelnyj-otpusk-pensioneram-v-2021-godu.html
• https://assistentus.ru/otpusk/dopolnitelnyj-otpusk-rabotayushchim-pensioneram/
• https://otrude.com/otpusk/rabotajushhemu-pensioneru/
• https://clubtk.ru/otpusk-rabotayushchemu-pensioneru
• https://posobie-expert.com/dopolnitelnyj-otpusk-rabotayushhim-pensioneram/
• https://lawinfo24.ru/trudovoe-pravo/otpusk/otpusk-dlya-rabotayushhix-pensionerov
• https://yur-zakon.ru/l-goty-po-otpuskam-rabotayuschim-voennym-pensioneram.html

Procedure for applying for unpaid leave

As mentioned earlier, basic leave with payment of benefits is provided to employees of retirement age on the basis of a drawn up and approved leave schedule. Regardless of the conditions under which an older worker receives a pension, he may be granted his first leave after six months of work at the enterprise. He can take additional unpaid leave before six months of service. In order to rest legally and not lose his job, a retired employee must:

• submit an application for unpaid leave to the head of the company. The application is of a notification nature, since permission is not required;
• make sure that it was registered in the journal of incoming documents, and the manager was familiarized with the document by putting his signature on it;
• get acquainted with the order issued by the personnel department of the enterprise on the basis of an application signed by the manager, also putting a signature on it;
• from the date specified in the order, calmly leave on the provided days of rest.

You can write an application in any form or use the form provided by the manager’s secretary or the office of the human resources department. You can fill out the form manually or use the form by filling it out electronically.

The application must contain:

• Full name of the manager and his position;
• full name of the enterprise;
• title of the document “Application”;
• the essence of the application indicating the reason for granting leave. It does not need to be documented;
• the date from which leave is required and its end;
• signature of the author of the application and the date of its writing.

Important! If a retired employee decides to resign from the company, he is required to pay compensation for unused days of basic leave. But they cannot oblige him to work the two weeks required by law.

Types of vacations and duration in 2021

The current economic situation in our country forces many people receiving pensions to continue working. Not all of these citizens know that, in addition to the required 28 calendar days of rest, they have the legal right to increase their vacation time. Additional leave for pensioners in 2021 can be paid for by the employer or taken at their own expense.

All other parameters of additional leave are also determined by Government decisions. As can be seen from the list, working pensioners do not belong to the categories entitled to additional paid leave.

Paid annually

The pensioner retains the right to receive standard rest for up to 28 days. At the same time, he will be able to use additional sources of leave, which can be paid or unpaid.

Additionally, the pensioner receives a guarantee that he will not be forcibly dismissed by decision of management. Also, the citizen will not be suspended from work during vacation.

Additional paid

This type of rest is provided to certain categories of workers. These also include citizens who continued working after retirement. A person can dispose of additional paid leave at his own discretion.

Additional rest can be added to the annual leave valid for all citizens.

Regulation of issues of additional leave is carried out using articles 116-119 of the Labor Code of the Russian Federation. Like the main term, unused additional days can be exchanged for cash compensation.

The exception is workers in hazardous and hazardous industries who are required to use the days they receive.

The duration of additional leave will depend on the category of pensioner:

• the work is of a special nature – 3 days;
• the position does not imply a standard working day - 3 days;
• has disabled status – 6 days;
• workers of dangerous and hazardous professions – 7 days;
• liquidators of the consequences of the accident and victims of the Chernobyl explosion - 14 days;
• work area – territory equivalent to the Far North – 16 days;
• work area - the territory of the Far North - 24 days.

These terms are minimum. At the request of the employer, additional leave can be increased by an unlimited number of days. The possibility of providing an extended period of rest is possible if the company is willing to incur costs by paying for these days.

Reference! Each company regulates issues of additional rest on an individual basis. Therefore, all information will be contained in the contract or regulatory documents.

Additional leave at your own expense

Article 128 of the Labor Code of the Russian Federation establishes the procedure for obtaining leave at one’s own expense at the request of the worker. Since pensioners are a preferential category of citizens, the employer has no right not to sign the application.

An elderly person can choose any time of the year and any date to start their vacation, regardless of when the main vacation was. In addition, it is permissible to extend compulsory annual leave by additional days.

The law provides for the ability to set the number of additional days directly by the employer. This is done on the basis of a collective agreement or a local regulatory act of the company, taking into account current legislation. In this case, the organization must have the financial and production capabilities to provide such days to older workers.

Paid days for medical examination

According to current legislation, a pensioner who works under an employment contract has the right, like any other employee, to receive one day from his employer to undergo a medical examination.

This day is available upon request. During this time, the employee retains his job, and his payment is made from his average earnings.

Reasons for providing

Based on Art. 128 of the Labor Code of the Russian Federation, the following categories of workers have the right to this type of rest:

• have reached retirement age;
• WWII veterans;
• disabled people.

Useful video

Watch a video about the nuances of additional leave for pensioners:

To restore strength and improve health, some categories of workers have days added to their basic leave, which are paid by the employer. Read our materials about how additional leave is calculated and under what conditions it is provided to combat veterans, disabled people, Chernobyl victims, as well as for irregular working hours, work in the Far North and in harmful and dangerous conditions.