Teachers' leave. Art. 334 Labor Code of the Russian Federation. Annual basic extended paid leave

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Teachers' vacations do not start at the same time as students' vacations, although many people think so. Workers in this sector have the right to extended rest, unlike workers of any commercial organizations. Depending on the qualifications and experience of the person, the period ranges from 42 to 56 days. The procedure for obtaining it is practically no different from the standard one, and leave is often granted during school holidays to avoid interruption of the educational process during the year.

Teaching staff

Teachers' vacations are formed for well-known reasons: they rest precisely when they do not need to teach children. However, even during the school year, the teacher has the right to take days off as summer vacation. And teachers’ vacation can even last a whole year if it is, for example, creative. Such cases will be discussed here, as well as how many days the usual rest lasts.

A teacher is a teaching staff, which means that their leave is regulated by the same articles of the Labor Code and the same Government Decrees. Chapter 52 of the Labor Code contains all the information about what constitutes the work of teachers, and there, in Art. 334 of the Labor Code of the Russian Federation, talks about their vacation. In particular, it says that for each teacher it is annual and paid. But the duration of vacation for teaching staff varies.

Procedure for provision

A certain number of vacation days prescribed by the Labor Code is provided to the employee if there are grounds for it. It is necessary to register on the staff of the enterprise and carry out teaching activities for at least 150 hours during the month - this also applies to subject teachers, primary school teachers and teachers in universities. Even though the main staff is aware of the summer vacation, the HR department must still follow the established procedure. It is as follows:

• Two weeks before the required vacation period, familiarize employees with the prepared schedule.
• Adjust the plan if there are objections or significant circumstances.
• Collect all applications for the next annual leave.
• Draw up an order certified by the head of the enterprise and familiarize the staff with it against signature.

Attention! The workload for the next year in an educational institution is formed even before all employees leave for vacation, so even before the start of summer, every educator and teacher knows how many days of vacation they have.

Types of vacation

Teachers working under the Labor Code fulfill all the duties that are provided for them, and therefore teachers are granted all the rights to the extent that are set out in this law, including the right to leave. This is, first of all, maternity leave, then child care, as well as leave at your own expense and many more similar varieties. And every year you are entitled to an extended and paid annual leave. Why extended? Because for ordinary professions it usually lasts twenty-eight days according to the calendar, but how many days do teachers have a vacation? They rest from forty-two to fifty-six calendar days.

The difference in the length of leave for teaching staff depends on the type of activity. According to the list determined by the government, a school teacher rests for 56 calendar days, and a preschool teacher only 42. This is a basic vacation, although it is extended, but in many cases a teacher can count on an even longer duration. For example, how many days of vacation do teachers have depending on the region? In the Far North, the law provides for up to eighty, that is, they rest an additional twenty-four days.

Features of granting leave to teachers

Even the teachers themselves often don’t know how many days a teacher’s vacation is, because the duration of the vacation is directly related to the type of vacation and the employee’s length of service. The period ranges from 42 to 56 days, but teachers working continuously for 10 years, according to Art. 335 of the Labor Code of the Russian Federation can receive additional leave for a period of 1 year. Teachers in regular schools and preschool institutions are given 42 days, while persons working with disabled children and people with disabilities take 56 days off. The dependence of the category and duration is determined by Decree of the Government of the Russian Federation No. 466 of May 14, 2015. But besides this, leave for teachers is divided into several types. Let's look at the most basic ones.

Annual paid vacation

Leave is granted to teaching staff on the basis of 100. 334 of the Labor Code and Art. 47 Federal Law No. 273 dated December 29, 2012. This is their legal right to restore health after an activity lasting one year. But it can be used by teachers who have completed their teaching load and who are registered in the staff of organizations in accordance with all the rules.

The workload is determined depending on the category of teacher. In a higher educational institution it is 150 hours per month, in school 36 hours per week, a speech therapist must work only 20 hours in 7 days. The annual paid leave of a teacher is 42 days, a teacher is 56 days, which is twice the usual period of 28 days for an ordinary employee.

Additional

Teachers who work more than 8 hours a day can count on additional vacations. Typically, this possibility is clearly stated in the collective agreement or local regulations of the institution. It all depends on the educational load provided at the institution and the complexity of the work. The organization pays for such a rest period from its own budget.

It is important to know! A teacher's vacation in the Far North zone or territories equivalent to them is always extended. This is due to constant work in unfavorable conditions. The additional quantity is determined by Art. 321 of the Labor Code of the Russian Federation, and is 24 days for the Constitutional Court, and 16 days for zones that are equivalent to them.

Extended vacation

In search of an answer to the question of how long a teacher’s vacation lasts, you can find information about the possibility of a teacher’s vacation during the year. It really exists and is defined by Art. 335 of the Labor Code and the provisions of Federal Law No. 273 of December 29, 2012. But it is provided in special cases, when, for example, you need to write a dissertation or complete research.

The list of positions is strictly defined in the first section of the nomenclature of Russian Government Decree No. 678 of 08/08/2013. Only specialists with at least 10 years of continuous experience can apply for such leave. To exercise your right, you must submit a written application addressed to the head of the educational institution. After checking whether there are grounds for providing it, the person is given a response. If there are no obstacles, an order is issued, after reviewing which the teacher goes on vacation.

Continuous work experience obtained while working in any educational institution that has state accreditation is taken into account.

Vacation time

When a teacher has the right to take leave is decided by the administration. There is an opinion that only in the summer, but this is not so. The teacher has the right to take it whenever he wants, everything is determined by the schedule drawn up by the administration. Everyone would prefer to relax in the summer, but this is the children's vacation, and teachers have a lot of different things to do in addition to lessons. Not all students go on vacation in June - schools are holding exams, new students are being recruited, and all premises must be ready for schoolchildren to leave on September 1st.

All schools offer numerous children's programs during the summer with the same teachers. Therefore, by mid-August, all teachers must be at school, and they receive notice of vacation not until the first of June. Most teachers divide their vacation into parts and rest during other vacations - winter, spring, autumn. It is fortunate that even in our difficult times, a notice of vacation for teachers has not yet appeared, which would in any way reduce the number of rest days. In total, the same periods remain - 56 and 42 days according to the calendar.

New laws

Extended leave is only available to those who are directly involved in the upbringing and education of children. Previously, not all categories of teaching staff received it, but now absolutely all teachers who have formalized their activities according to the nomenclature of positions for managers and employees of educational organizations have the right to extended leave.

More than fifty-six days of vacation are paid to teaching staff in institutions for orphans and children with limited health, as well as to teachers of art schools. The rest of the staff - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. This law also does not apply to non-teaching staff of educational institutions. Cooks and security guards can only add additional days at their own expense to the required thirty days of paid vacation, so as not to get bored in an empty school.

Commentary on Article 334 of the Labor Code of the Russian Federation

The provision of basic extended paid leave to teaching staff of educational institutions is regulated by Decree of the Government of the Russian Federation of October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions.”

The standard regulations on educational institutions of the relevant type and type determine the list of teaching staff entitled to extended paid leave. Other employees whose job responsibilities include carrying out teaching assignments also have the right to extended leave. Deputy heads of educational institutions and heads of structural divisions of educational institutions have the right to annual basic extended paid leave if their activities are related to the management of the educational process or methodological (scientific and methodological) work.

Long-term leave is granted to persons holding teaching positions in educational institutions, lasting 56 calendar days. Pedagogical workers of preschool educational institutions and institutions of additional education for children are granted extended leave of 42 calendar days.

The duration of the annual basic extended paid leave is 56 calendar days, in addition to teaching staff, whose positions are provided for by standard regulations, for the following teaching staff: educators, music directors, physical education instructors, speech therapists, speech pathologists working full-time in preschool groups for pupils with developmental disabilities or in preschool sanatorium groups for pupils in need of long-term treatment, who are part of educational institutions for children of preschool and primary school age, preschool educational institutions; teaching staff working in music schools and art schools; teachers of additional education of educational institutions of additional education for children working with students with developmental disabilities within the limits of not less than the standard hours of teaching work, for which the wage rate is paid.

An annual basic extended paid leave of 42 calendar days is provided to teachers and music directors working in preschool groups of general education institutions and educational institutions for children of preschool and primary school age. Pedagogical workers in positions of the same name with the title “senior” or “chief” enjoy annual extended paid leave.

For higher educational institutions, the list of teaching staff is supplemented by persons holding positions:

— vice-rectors or deputy directors, except for the first vice-rector, vice-rector (deputy director) for educational, scientific work, evening and distance learning, distance learning and information technology, advanced training;

— deputy deans of faculties, directors (heads) of branches, heads of doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts) and other educational structural units;

— managers (managers) of production practice, scientific secretaries.

Provided that during the academic year they conduct at least 150 hours of teaching work in the same educational institution of higher professional education or educational institution of additional professional education (advanced training), the duration of annual leave for these categories of employees is 56 calendar days.

Notes to the law

The established duration of leave, basic, extended, paid and entitled only to teaching and management employees of educational institutions, does not depend on departmental subordination and the legal organizational form of the institution. However, in order to determine the number of days that teachers' next vacation contains, one must constantly be guided by the notes and appendices to the new law.

For example, the notes indicate that teachers of art schools, which include music, art and others related to additional education of children, are entitled to 56 days of leave. This is stated in paragraph 2 of the notes to the law. Another example: the duration of leave for a teacher working in an institution that is not educational, according to Resolution No. 1052 of 1994, is 42 days according to the calendar. This is how educators, social workers and many other employees of organizations, enterprises and institutions relax.

How many days does teaching staff have a rest period at school?

The duration of vacation for teachers is briefly discussed in Article 334 of the Labor Code of the Russian Federation. This article states that the number of days of rest for school teachers, teachers of kindergartens and other preschool institutions, teachers of secondary and higher educational institutions, and employees of additional education is established by the Government of the Russian Federation.

The location of duties and specific positions of teaching staff are given.

This legislative document canceled the previous Resolution No. 724, which determined the number of days of additional leave for all employees in the educational sector.

According to the appendix to Resolution No. 466, the duration of teachers' vacation at school is 56 calendar days. All teachers of general education institutions fall into this category.

A complete list of positions of teachers and teachers for which this duration is established is given in, which contains the nomenclature for teachers. 56 days are established for positions from section 1 of Resolution No. 678, which includes school teachers, including speech therapists and speech pathologists.

That is, to the basic 28, which are due to all employed citizens, another 28 are added. All 56 days are subject to payment.

At the school principal's

In accordance with the application, heads of general education institutions, the list of positions of which is given in subsection 1 of section 2 of the Nomenclature, can also count on 56 days.

The school principal falls into this category in particular.

Therefore, the director of a secondary school also has the right to count on 56 days of annual paid leave.

Duration with a university teacher

Other teaching staff of universities can count on the same amount of vacation time - senior teachers, professors, associate professors, heads of departments, their deputies, senior staff of the university (rector, dean, director, head of the institute) and their deputies.

From an additional education teacher

These categories of teachers can count on a long vacation lasting 42 or 56 calendar days.

Duration 56 cal.d. have:

• educators, teachers working in children's art schools;
• heads of institutions of additional education in the field of arts;
• all additional education teachers who work with children with disabilities.

All other teachers, pedagogues, instructors, organizers, counselors, educators, and leaders in the field of additional education have the right to paid vacation of 42 calendar days.

From kindergarten teachers

How many days the vacation lasts for preschool teachers is also determined in Resolution No. 466. The duration can be 42 or 56 days depending on the teacher’s area of ​​work.

The following employees of preschool educational institutions receive 56 annual paid days:

• educators and their assistants working with children with limited health who require long-term treatment;
• heads of kindergartens and other preschool institutions, their deputies, if children with disabilities are being raised.

Teachers and assistant teachers of regular kindergartens can rest for 42 days. The head of a kindergarten, his deputies, and other staff of preschool institutions that do not teach children with poor health can count on the same amount of vacation time.

Thus, teaching staff have the right to count on extended annual leave, the duration of which can be 42 or 56 days.

Basically, an increased duration of rest is established for teachers and teachers of kindergartens and additional education, who have to interact with children with disabilities who require treatment and more careful care.

In addition, all teachers, university professors, as well as the leadership of general education, higher and secondary vocational institutions can count on the longest rest.

To receive additional vacation days, you need to write an application to the employer if the vacation is not included in the schedule.

New rules

The procedure for calculating the duration of vacation for those teachers who were hired in the middle of the school year has changed. Previously, this was done based on the amount of time worked in the academic year, that is, proportionally. Not so anymore. After six months of continuous work, the teacher is entitled to full annual leave with full pay.

Thus, if a teacher began working in an educational institution, for example, in November, then in June he should already receive exactly the same leave as all other teachers, since Article 139 of the Labor Code contains absolutely no restrictions on the duration of teachers’ leave, even if annual leave begins before the expiration of six months from the date the teacher begins working in this institution. On the contrary, it states that every teacher has the right to extended annual paid leave.

Duration of annual leave depending on the type of teaching staff

The duration of annual paid leave for teachers is regulated by Decree of the Government of the Russian Federation No. 466, which states that it depends on the category of the teacher himself and the type of his activity:

Expert commentary

Gorchakov Vladimir

Lawyer

The start date of vacations depends on the workload of teachers and is determined by managers. For example, if a teacher’s duties include accompanying children to the Unified State Examination, his rest will begin no earlier than the day following the date of the last exam at which he must be present. Such issues are resolved internally.

Irregular working hours

Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions whose working hours are not standardized. The duration of such leave is determined either by a collective agreement or by the internal labor regulations of a given organization, but it cannot be less than three days. If it is not possible to provide additional leave, the teacher can “take it with money”, that is, overtime is compensated in the same way as overtime work. But for this there must be a written consent of the employee. How to write a vacation application? A sample can be found in the illustrations for this article.

The conditions and procedure for paid additional annual leave for teachers with irregular working hours in state-funded institutions and organizations are established by the Government of the Russian Federation, and in organizations and institutions financed by constituent entities of the Russian Federation, teachers’ leave is established by the authorities of the given subject. If an organization or institution is financed by the local budget, then all issues are resolved by local government.

Another comment on Art. 334 Labor Code of the Russian Federation

1. The provision of basic extended paid leave to teaching staff of educational institutions is regulated by Decree of the Government of the Russian Federation of October 1, 2002 N 724 “On the duration of the annual basic extended paid leave provided to teaching staff of educational institutions.”

2. The list of teaching staff entitled to extended paid leave is determined by standard regulations on educational institutions of the corresponding type and type. Other employees whose job responsibilities include carrying out teaching assignments also have the right to extended leave. Annual basic extended paid leave is provided to deputy heads of educational institutions and heads of structural divisions of educational institutions if their activities are related to the management of the educational process or methodological (scientific and methodological) work.

The commented norm applies not only to teaching staff of educational institutions, but also to teaching staff of other institutions and organizations.

3. Long-term leave is granted to persons holding teaching positions, lasting 56 calendar days. For teaching staff of preschool educational institutions and institutions of additional education for children, the extended leave is 42 calendar days.

4. In addition to teaching staff, whose positions are provided for by standard regulations, the duration of the annual basic extended paid leave is 56 calendar days for the following teaching staff: educators, music directors, physical education instructors, speech therapists, speech pathologists working full-time in preschool groups for pupils with developmental disabilities or in preschool sanatorium groups for pupils in need of long-term treatment, which are part of educational institutions for children of preschool and primary school age, preschool educational institutions, psychological services of the educational system and health care institutions; teaching staff working in music schools and art schools; teachers of additional education of educational institutions of additional education for children working with students with developmental disabilities within the limits of not less than the standard hours of teaching work, for which the wage rate is paid. In addition, the right to an annual basic extended paid leave of 56 calendar days is enjoyed by directors (heads), their deputies, heads of departments (laboratories) and the pedagogical part of psychological services of the educational system and health care institutions.

Deadlines

How many days in advance and how to write a vacation application? The sample exists for each type of vacation separately, and the writing period is not discussed. However, in each organization there are certain standards, where local acts establish rules regarding the exact number of days after which such an application must be submitted to the appropriate authorities.

Much here depends on the work of the accounting department. She accrues vacation pay in advance, no less than three days before the vacation, excluding extreme cases. This means that the employer must receive the application at least four days in advance. You also need to take into account the scale of the organization; among educational institutions there are also very large ones. Therefore, it is better to take care of your own vacation much earlier.

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The positions of employees who have irregular working hours and who have the right to additional paid leave are established by the internal labor rules or other regulations of the organization. This list includes both managers and technical personnel, as well as other persons whose work cannot be accurately accounted for. Using the same principle, additional leave is calculated for those who work on a flexible schedule.

The minimum duration of additional leave, as already mentioned, for employees with irregular working hours is not less than three calendar days, but the new rules do not provide for restrictions on the maximum duration. The limit exists only on the minimum period.

Application for leave

For example, it's time to write a teacher's leave application. The sample looks something like this. In the upper right corner, fill in the position of the manager and the name of the organization, the surname and initials of the manager to whom the application is addressed. Next, you need to write who it came from - last name and initials, position. In the center of the sheet below is written the word “Application”, retreating slightly - the main text, which indicates a request for the next paid leave from such and such a date to such and such a date, lasting so many calendar days. Even lower is the personal signature and date of application.

If the leave is not regular, but additional, only the main part of the application changes, where you need to indicate the request for additional leave for a specific period. The top and bottom parts of the form remain unchanged. And you need to keep in mind that the employer in the second case has the right not to meet halfway, since he is obliged to provide only regular leave. It is better if there is a preliminary agreement. Sometimes, for some reason, a teacher needs to be absent from work for only one day; in this case, it is appropriate to write an application for leave without pay.

What kind of vacation is required after 6 months of work - duration

For what calendar period are the first vacation days granted after six months of work? Based on labor legislation, namely Article 115 of the Labor Code of the Russian Federation, standard leave is 28 days.

It follows that the rest period after 6 months of work is 14 days. But the duration of the vacation may also depend on the employer’s decision; he can extend vacation days and provide them in advance. Vacation days in advance are provided to a woman at a certain stage of pregnancy without fail. The number of days is set during negotiations between the employee and the head of the organization.

In this case, you need to take into account the fact that the employee can leave his position before the end of the working year, and his vacation has already been used. In this situation, the employer has the legal opportunity to withhold the amount that was accrued for the unworked rest period. The amount should not exceed 20% of wage payments, that is, it is not always possible to compensate for the loss in full.

Does an employer have the right to refuse leave after 6 months of work?

There are situations when an employer exceeds its capabilities and does not provide legal rest. Many employees do not have enough information about their rights, so they consider it right to receive an employer’s refusal to provide rest after six months of work.

However, this opinion is erroneous, since in the Labor Code there is an employee’s right to go on vacation after he has worked for six months. In this matter, a verbal refusal has no meaning, but it is necessary to defend your rights, so as not to lose your job, with the help of weighty arguments.

Based on Labor Law, an order must be issued to amend the vacation schedule, and this change must be agreed upon by all employees.

In addition to personal negotiations, an employee can file an appeal to the judicial authorities, but only if it is not possible to personally resolve the issue. In addition, you can file an application with the court if vacation has not been assigned for two years. These circumstances are a violation of the law.

Is it possible to refuse vacation after six months of work?

Refusal of granted vacation days after 6 months of work is possible only by mutual agreement. The employee has the right to use only part of the rest, and the remaining unused days must be paid as remuneration after dismissal. An employee can also write an application for refusal and immediately receive compensation for unused vacation.

Vacation pay

The average salary during vacation for a school employee is retained, as determined by Article 139 of the Labor Code and the Regulation on the procedure for calculating average wages No. 123 of 2003. The procedure is that the actual accrued wages for the last three months (from the first to the first day) are summed up, based on which the average figure is derived.

Here you need to take into account absolutely all types of payments that are in the list (clause 2 of the same Regulations). These are additional payments for checking notebooks, for managing offices, workshops or laboratories, for working on methodological and cycle commissions, as well as all other payments that are provided for in the remuneration system for employees of an educational institution. Non-working days and holidays that coincide with the teacher's vacation are not paid and are not included in the total number of days.

Combination of positions

Teachers often work in different areas and combine positions where there are different lengths of leave. For example, a physics teacher and a preschool teacher in the same secondary school. The labor leave for teachers is 56 days, and for educators - 42. Vacation pay should be calculated accordingly. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.

The first is based on the amount of actual accrued wages for the entire payroll period - for each position separately. The second method is more difficult. The total duration of rest accounts for the total amount of actual accrued wages, plus the part of the vacation exceeding the total duration is calculated separately, based on the earnings of the position where the duration of the vacation is longer.