Additional leave for health workers
There is Government Decree No. 482 of 06/06/2013, which provides a detailed list of professions and positions that are entitled to additional paid leave.
When providing an employee with additional leave, the employer must be guided by Art. 116 Labor Code of the Russian Federation. Based on the current Resolution No. 482, additional leave in 2021 is provided to some health workers who hold certain positions in healthcare.
Additional leave is provided after a special assessment of the work of medical workers. The assessment results must be agreed upon with the institution's trade union.
If the profession of some health workers is not on the specified list, then additional leave is provided on a general basis. According to Art. 117 of the Labor Code of the Russian Federation, the minimum duration of additional leave for medical workers who work in harmful and dangerous working conditions is 7 calendar days. This period may be increased by a collective agreement or other local act of the medical institution.
According to Resolution No. 482, additional leave is granted to:
- for health workers who provide psychiatric care: doctors in senior positions, housekeepers and other medical personnel who provide medical care for mental patients - 35 calendar days;
- laboratory workers – 21 days;
- receptionists, nurses and dieticians – 14 days.
- all medical staff of tuberculosis dispensaries – 14 days;
Junior medical personnel, that is, nurses working in such institutions, also have the right to additional leave lasting from 7 to 12 days.
If a medical worker is entitled to additional leave for several reasons, it is granted only for one of them.
If the head of a medical institution does not bother to conduct a special assessment of working conditions that reveals the degree of harmfulness of the working conditions of his employees, he is violating labor legislation. But he is obliged to provide additional leave to medical workers.
Due to the fact that changes have occurred and workplace certification has been cancelled, and instead a special labor assessment is now carried out, an opinion has emerged that additional leave for medical workers will be cancelled. This is wrong! During a special assessment, the degree of harmful working conditions and the degree of danger are revealed, on the basis of which additional leave is granted.
In medical institutions, a special assessment of working conditions is carried out by the Federal Medical and Biological Agency of Russia. But the FMBA of Russia cannot issue an order to cancel additional leave, since even if dangerous and harmful working conditions for certain medical workers were not identified, in accordance with Art. 117 of the Labor Code of the Russian Federation, they still have the number of days of additional permission specified in the article.
Any medical personnel works in harmful and dangerous working conditions, therefore no one can deprive them of the right to at least 7 calendar days of additional leave. The List approved by Resolution No. 482 lists all professions of medical workers. In addition, some positions and specialties have been added that are not entitled to 7 calendar days, but to longer additional leave. These positions and specialties of medical workers are presented above.
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.
Sources:
- Labor Code of the Russian Federation
- Law “On Psychiatric Care” dated July 2, 1992 No. 3185-1
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Which healthcare workers are entitled to additional leave?
Every year, the Russian government evaluates various positions and draws a conclusion about how harmful their working conditions are. The latest government decree on appropriate leave for health workers for hazardous working conditions has identified a number of positions that are entitled to additional leave.
These include:
- Providing anti-tuberculosis care;
- Working in psychiatric medical institutions;
- Those in contact with HIV-infected people.
The government decree sets its own duration for each individual position of a health worker.
Law on additional leave for medical workers - changes 2018
The main law for calculating vacation days in addition to annual ones is government decree number 482. However, even in Article 116 of the Labor Code of the Russian Federation there is information that the minimum duration of this period is one week. Also, in accordance with the law, we can conclude that if a doctor works in several positions and is entitled to compensation in the form of additional leave, then the rest is provided on only one of the grounds.
Procedure for calculation and provision
Additional leave for medical workers is calculated as follows. When calculating the total duration of annual paid leave, additional paid days off are summed up with the annual main paid period. Annual additional paid leave is provided in calendar days and is not limited to a maximum limit. Non-working holidays are not included in the calculation period.
Vacation is provided according to a schedule approved by the employer, which includes information about both the main and additional paid periods. The schedule is mandatory for both the employer and the employee (Part 2 of Article 123 of the Labor Code of the Russian Federation).
If a medical worker goes on vacation in accordance with the schedule, he does not need to write an application for leave. In other cases, filing such an application is necessary.
Additional days can be taken either together with the main paid leave or separately from it. By agreement between the medical professional and the employer, the vacation can be divided into parts. In this case, at least one of the parts must be at least 14 calendar days
Application form for annual leave, including basic and additional
Application form for annual leave, including only additional
How to calculate additional leave for health workers for harmful working conditions?
The calculation procedure can be divided into 2 main stages:
1. It is necessary to calculate the days worked per year in hazardous production.
2. It is necessary to determine the exact number of months worked.
The list of professions with a specific duration of this period is determined by a law such as Government Resolution No. 482. Therefore, to calculate how many days are added for harmful working conditions in your position, it is enough to familiarize yourself with the text of the law and its changes as of 2018 . The minimum possible added duration is one week.
What determines the duration of additional leave for a health worker?
The harmfulness of a particular job is the main factor that affects the duration. Moreover, both physiological and moral harm are taken into account. For example, doctors who fight infectious diseases are at high risk of infection. But those who work in psychiatric hospitals succumb more to moral pressure.
The government also calculates the duration of official rest in accordance with the position itself.
Categories can be divided into:
- 35 are added to the management, doctors and medical staff of psychiatric hospitals;
- Personnel in the laboratories of these institutions - 21;
- Registrars and nurses – 14 days.
In anti-tuberculosis institutions, medical staff are given an additional 14 days. Phthisiatricians whose powers include working with special dangerous x-ray examinations can claim more - up to 21 days. As for those whose work is related to HIV-infected people, 14 days are added for their harmful working conditions.
Order on additional leave for health workers for harmful working conditions - sample
In the sample you only need to enter the name of the medical institution, the specific name of the position and structural unit. And in the spaces to indicate the type of leave, write “additional paid.” Also below is the exact duration. To issue an order, a special T-6 form is used, although its use is not an obligation for personnel officers of medical institutions.
How is it calculated?
To correctly and quickly calculate additional admission for medical staff, we suggest using the rules described below .
- The number of days is counted. It is necessary to take only those days on which the employee was at work.
- Convert the resulting number to months. If an employee has worked for more than 11 months, additional leave must be given in full. If it does not exceed the specified period for 1 year, the calculation will be made in such a way that it will be proportional to the days worked.
- Taking into account the hazard class in the workplace, reflected in the order of the employer, which provides and pays for additional leave.
Note! In a situation where the 3rd hazard class was transferred to the 1st, which is considered normal for health, there are grounds for canceling the order and, accordingly, additional days of rest.
Leave for nurses - how many days
Like doctors, nurses' basic annual paid leave is 28 days. The duration of additional leave, as well as for doctors, depends on the conditions in which the nurse works and what specific assistance he provides. In addition, nurses are subject to all the rules established by the Labor Code of the Russian Federation. For example, for irregular work they have the right to receive additional leave of 3 days, and for harmful and dangerous working conditions - 7 days.
The duration of additional leave and the categories of nurses who have the right to count on them are listed in Decree of the Government of the Russian Federation No. 482. For example, a housewife who constantly cares for psychiatric patients is entitled to additional leave of 35 days. A dietary nurse who works in a mental hospital is entitled to an additional 14 days of leave. Nurses who work with HIV-infected people are entitled to an additional 14 days of leave.
Reduced vacation for doctors 2021
The Ministry of Finance has proposed reducing the growth rate of doctors' salaries. It is expected that instead of the promised 10.6%, remuneration to doctors will increase by 5.4% in 2021. The profile committee of the State Duma supported the department. The Committee on Budget and Taxes recommended that State Duma deputies adopt in the second reading the draft budget of the Compulsory Health Insurance Fund (MHIF) for 2021 and the planned years 2021–2021, an RBC correspondent reports from the committee meeting.
The amendments approved by parliamentarians suggest that wages for healthcare workers will grow more slowly than expected. Initially, the increase in 2021 was planned for 10.6%. The adopted budget version provides for growth of only 5.4%. Thus, the deputies supported the amendment proposed by Deputy Minister of Finance Tatyana Nesterenko and introduced by the chairman of the committee Andrei Makarov.
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Attention
If their activities are not considered in relation to the standards of Article 118 of the Labor Code of the Russian Federation, that is, they do not belong to special categories of workers whose leave is regulated by separate federal laws and regulations, then its duration is standard and is 28 calendar days during the year. Situations of increasing the indicated volume are permissible in the following cases:
- Irregular working hours for a medical worker. If the employment contract provides for a provision on irregular working days, then the employee is entitled to three days of additional leave per year.
Regulated by Article 119 of the Labor Code of the Russian Federation. Considering the specific nature of the work of medical employees, conditions regarding irregular working hours are almost always present in their activities.
- Belonging to the categories of medical employees determined in accordance with Government Decree No. 1588.
Right to extended leave
The duration of such leave is 56 or 42 calendar days, this is determined by the specifics of the institution and the position of the employee.
Thus, a candidate of sciences has the opportunity to take advantage of vacation for a period of 35 working days, and employees with an academic medical degree of Doctor of Science - 48 days (according to Decree of the Government of the Russian Federation of August 12, 1994 number 949).
As for employees of research departments, leave can be extended to 56 calendar days, in particular, this applies to workers who are in contact with toxic compounds that are classified as chemical weapons, or who perform destruction work at enterprises specializing in the production of chemical weapons.
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Decree of the USSR State Committee for Labor of October 25, 1974 N 298P-22 In this situation, given that the List of positions of medical personnel eligible for medical leave has already been published (Government Decree No. 482), it is possible to apply clause 174. However, this is allowed on the condition that, in accordance with Article 117 of the Labor Code of the Russian Federation, the nurse’s workplace in a kindergarten has a hazard code of at least 3.2. This is exactly the decision the Supreme Court came to in its Resolution No. AKPI12-1570 of January 14, 2013. Based on judicial practice, employers of many institutions can adopt a similar principle for calculating the number of days of medical leave for their own staff.
