Additional leave for working pensioners in 2021: do they have the right to take days off without pay for 14 days in the Far North according to the Labor Code of the Russian Federation?

Types of leave according to the Labor Code of the Russian Federation for working citizens

Chapter 19 of the Russian Labor Code regulates the provision of vacations by employers to their employees, incl. for pensioners:

regular paid (28 days, including weekends, provided after 6 months of work);
paid DO (the number of days depends on the specifics of the work);
unpaid DO (you can take 14 – 60 days at your own expense for a good reason).

Working pensioners (grandparents) can go on parental leave instead of their children (parents of the baby).

Legislative side of the issue

For men aged 60 years and older, women aged 55 years and older, retired military personnel, citizens who became disabled due to disability and who continue official work, the state provides vacation time in accordance with Art. 115 Labor Code of the Russian Federation.

The period of time off for older persons is 28 days, provided and paid by the employer. During the rest period, the employee is paid a salary, the amount of which is the average daily rate.

The same principle for registering release from work applies to employees of retirement age for whom work in the organization is a part-time job.

Legally, additional leave can be granted to working pensioners in 2021, during which the employee’s salary is not maintained.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

While in the status of a pensioner, a citizen has the right to receive an additional compensatory period every year, which can last 14 days. This time is not paid by the employer.

According to the law, working pensioners are entitled to an additional 7 days of vacation every year if they have the status of a WWII veteran. The state gives disabled pensioners the right to 60 days of rest, which employees arrange at their own expense.

Employees who are veterans can request extraordinary time off from their employer at a time that is convenient for them.

The length of time away from work, agreed upon by both parties, is counted from the moment the application is received.

In some cases, you may need time off, which is issued in connection with child care. Employees have this opportunity if their parents waive their right to this type of vacation.

Types of time off

The law on additional leave for working pensioners can be found in Chapter 19 of the Labor Code of the Russian Federation.

Here you can find all the information regarding the existing types of vacation periods.

Residents of Russia who, being retired, decide to continue working, are provided with the following types of vacation days:

paid annual - given to all employees in the amount of 28 days, subject to a six-month period of work before this;
paid additional payment – the possibility of registration and duration depend on the specifics of the work;
unpaid - given for certain reasons with the consent of the management of the enterprise.

A written request serves as the basis for processing one of the types outside of working hours. The rest period can be from 14 to 60 days.

Paid vacation

Additional leave is granted to working pensioners for the reason that their work activity is considered as a special type of work - citizens who have already earned pension benefits from the state have not stopped working.

This is one of the reasons on which this category of the population has the right to additional time away from work. It can be used in conjunction with the main period, or in another period when necessary.

Paid holidays for working pensioners

Employees of enterprises belonging to the category of dangerous or harmful have this right.

How many days of additional leave a working pensioner is entitled to depends on the characteristics of the work and the category to which the employee belongs.

Additional days for vacation for working pensioners:

with irregular working hours – 3;
those performing work with special needs – 3;
for workers of the Far North – 24;
for workers in areas equivalent to the north – 16;
harmful and dangerous working conditions – 7;
with officially confirmed disability – 6;
participants in the liquidation of the Chernobyl nuclear power plant – 14.

The Labor Code gives the employer the right to independently determine the time of extraordinary time off for an employee, if everything is done according to the rules.

The organization must have the production and economic resources to realize this opportunity. Registration conditions and other nuances are decided at the local level by trade union bodies.

Unpaid vacation period

Regarding unpaid additional time off, the conditions for its provision are placed in Article 128 of the Labor Code of the Russian Federation.

Citizens who do not belong to any of the categories described above can take additional days at their own expense.

This time is calculated in days and each group of persons is entitled to a certain number of them:

for workers receiving old-age pensions – 14;
for WWII participants – 35;
for labor veterans – 35;
for persons with disabilities – 60;
for close relatives of deceased military personnel, or those who died as a result of a disease acquired during service – 14;
wedding, death of a loved one, birth of a child – 5.

The article of the Labor Code contains an explanation that this kind of leave of 14 days is provided for all employees who are of retirement age; retired military personnel; other persons. This provision does not apply to veterans, disabled people and equivalent categories.

No one has the right to recall an employee from time off taken at their own expense - this is only possible under force majeure circumstances. Only 14 days of this period are recorded in the employee’s length of service.

This is important to know: Vacation followed by dismissal from the Federal Penitentiary Service

Decor

Each enterprise has a developed schedule and procedure for providing additional leave to working pensioners.

It is not necessary that the employee has already received a pension. You can receive the first due period of release from work if you have worked in the organization for at least six months.

Registration of additional leave for a working pensioner

Regarding vacation at your own expense, you can arrange it earlier, without working for six months.

You can get additional vacation days like this:

independently write a written appeal (application) addressed to the manager;
wait for the boss’s signature;
the HR department issues an order based on the request;
the manager signs the order;
from the date mentioned in the order, the employee may not go on shift.

Without coordinating the issue with your manager, you cannot organize your own vacation. An employer does not have the right to refuse to grant a team member temporary release from work after a written request.

Conclusion

Temporary exemption from work on a general basis, or additional time for this, is guaranteed to employees of retirement age at the level of Labor Legislation. The employee has this right until the termination of the employment contract.

Are working pensioners eligible in 2021?

The work of persons who are on well-deserved rest and continue to work is a special type, which means they are entitled to DO. Additional days can be added to the main vacation (all at once or several).

Normative base

List of articles of the Labor Code of the Russian Federation obliging heads of organizations to provide additional days for employees of retirement age:

Article 64 (guarantees DO when an employment contract is signed);
Article 81 (prohibits dismissal during such rest);
Articles 116 – 119 (introduce what categories it applies to);
Article 127 (unused vacation upon dismissal may be compensated);
Article 128 (explains about leave at one’s own expense);

In 2021, Article 185.1 of the Labor Code on additional medical examinations was published. Persons of pre-retirement age are also entitled to it.

Is 14 days of additional leave canceled or not in 2021?

The benefit for additional days remains valid. Two weeks are allowed for pensioners, WWII veterans and disabled people at a time convenient for them. A call to work from leave without pay is carried out with the consent of the employee in writing.

Grounds without pay for 14 days

All details of the rights to additional rest without payment in relation to pensioners who continue to work are described in Article 128 of the Labor Code of the Russian Federation.
Former military personnel and other persons are equated to them. You can exercise this right by writing a free-form application. The insurance period includes only 2 weeks of this period. It's better to give a good reason. The employer will review it and make a decision.

The manager may refer to the impossibility of providing leave at a given time, with a request to reschedule it, but has no right to refuse.

In what cases can you interrupt without the consent of the pensioner?

If there is no written consent to return to work when the 14 days have not yet expired, there must be an emergency of force majeure.

If circumstances dictate going to work ahead of time, and for example, outpatient treatment has not yet been completed, it can be continued, regardless of everything.

Legal status

Working pensioners are citizens of the Russian Federation who have the right to receive pension payments in accordance with their age. But at the same time they have jobs and receive a constant monthly salary, performing work under an Employment Contract.

These citizens have the right to claim certain benefits. They are subject to Federal Law No. 400, which reflects the provisions on working pensioners.

Who can count on additional days of rest?

Working pensioners.
Military pensioners.
Those who received a disability pension.
Men over 60 years of age.
Women over 55 years old.

At the same time, these people have official work, as well as the legal right to receive vacation days in accordance with Article 115 of the Labor Code. To clarify whether a particular employee is entitled to rest, you can contact the human resources department or the administrative department of your organization.

For what period of provision?

DO does not have a fixed number of days. It depends on the type of payment for it (with or without salary). It also matters who the employee is. A pensioner upon reaching age, a person with disabilities, etc.

Without maintenance for working pensioners: how many days at their own expense?

At their own expense, older people can take 14 days during the year in addition to the paid basic and additional benefits. The period increases if:

parents of military personnel, incl. dead – up to 14 days;
participants in combat operations in hot spots and WWII – up to 35 days;
honored labor veterans – up to 35 days;
elderly people with disabilities – up to 60 days.

It happens that the same person falls under several types. However, the days do not add up. The most convenient and comfortable period is selected.

Is it allowed for additional pay for military personnel?

A military pensioner can claim 14 additional days of rest, and then at his own expense. The exceptions are:

working in harmful and dangerous work;
in northern conditions and other areas with the same climate;
with irregular working hours;
victims and eliminating the consequences of the Chernobyl accident.

Active duty personnel and veterans legally claim 15 additional days of paid leave. These are not only hot spots in Chechnya and Afghanistan. Amendments have been made according to which those who participated in the Syrian anti-terrorist operation are equal to veterans with the ensuing benefits.

Longevity is also the basis for additional days. If a military pensioner has 10–15 years of service, plus 5 days. 10 days guarantee 15 – 20 years of experience. Over 20 years – 45 days.

Extended vacation - how many days without pay, and can I take it at my own expense?

Certain industry sectors offer their employees benefits for extending the vacation period without pay (days):

prosecutor's office and judicial authorities - up to 48;
science (candidates/doctoral degree) – 36/48;
education – 42/56 (days depend on length of service);
chemical weapons – 49/56;
rescuers – 30/40 (depending on experience);
municipal and government agencies – up to 30.

Status of Hero of Labor of the Russian Federation and social. Labor, Hero of the USSR and the Russian Federation, as well as the Order of Glory and Labor Glory give the right to an additional 3 weeks.

A limited number of unpaid days does not constitute an obligation to take them all off at once. They can be divided into parts by agreement with management.

The manager does not have the right not to release the employee again if there are still days left.

When is additional payment due to other categories of pensioners?

The introduced article 185.1 gives all pensioners an additional 2 days to undergo medical examination. At the same time, the average income is retained by the employee. This also applies to employees who have one to five years left to retire.

Additional paid

Are working pensioners entitled to additional paid vacation days? According to current legislation, additional paid rest at the expense of the organization is not allowed for a pensioner. Additional paid leave for pensioners is provided on a general basis.

But sometimes the internal policy of a particular organization is aimed at achieving the loyalty of the entire workforce. In this case, management provides certain categories of employees with additional days off. The possibility of obtaining this type of leave will not contradict current legislation.

There is also an opinion that the law added an additional 7 paid days of leave - however, this is not true.

Procedure for applying for additional leave for pensioners

An elderly person who continues to work takes paid additional days according to a schedule approved by management.
He is also subject to the fact that he can take leave six months after the conclusion of the employment contract. You can take it at your own expense at any time.

Where to contact

The pensioner himself draws up an application and submits it to the administration of the institution. There is no need to warn in advance. If a valid reason is not specified, management has the right to postpone the vacation to another time. Based on the registered application, an order is drawn up, which the employee reads and signs. The start of the holiday is the date specified in the application.

DO without content must be agreed upon by the employee and the employer.

Statement

The application is written on A4 paper.
The name of the organization and the name of the director are filled in at the head of the form. After describing the forced reason, the type of leave, the required period, the date of compilation and a signature with full name are indicated. Each organization, in the human resources department, has its own approved application form. It succinctly describes everything without unnecessary details. As a rule, these are family circumstances, inpatient or sanatorium treatment. It is better to attach copies of documents.

The application must not contain any corrections, errors, typos, etc. It is necessary, based on the law, to indicate Article 128 of the Labor Code (3 paragraph of the 2nd part).

Delivery deadlines

Specific deadlines are not prescribed by law. Moreover, a pensioner belongs to a special category. But it takes time to review, approve the application and draw up an order.

Compensation

In cases where a working elderly person has not exercised his right to additional rest, compensation is not due. The transfer with the summation of days to the next working year is also not shown. Compensation is paid only upon dismissal.

Procedure for accrual and payment of money

If a pensioner has used a paid DO, then the calculation is carried out according to the main algorithm:

for the calculation, the period during which he worked (actual or last year) is taken into account;
all provided charges are added up;
the total amount is divided by 12 months, then by the number of days in a month (average value - 29.3);
the received daily earnings are multiplied by the sum of days BEFORE.

The same system is used to calculate leave without pay.

Sample application at your own expense

Example of a completed form:

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.

Amount of additional leave for working pensioners and beneficiaries

The size of the DO will depend on the preferential category and type of leave (at your own expense, paid). Below are examples of when and how many days a pensioner is entitled to.

How many days can he take at his own expense?

In addition to the indicated categories (disabled people, war and labor veterans, parents of military personnel) and the pre-service periods for them (from 14 to 60 days), there is another option. If a close relative has died or other important circumstances have arisen in the family, working pensioners can receive an additional 5 days.

Paid as much as possible?

If the work is hard or unique, with special features, then the DO may be legally extended (days) while maintaining the salary:

working day with no hourly rate – 3;
involvement in special activities (regular work) – 3;
danger and harmfulness of production – 7;
Far North/similar climate – 24/16;
special climatic conditions, remoteness of the territory – 8;
exposed to radiation in Chernobyl – 14.

The given criteria and their maximum terms are legalized by the VNA. The organization has its own internal regulations that define standards. Therefore categories can be added.

Military

Military pensioners have their own additional gradation with additional periods (days) established by law:

age pension – 14;
disability, incl. received as a result of military and combat operations - 60;
veterans – 35;
survivors of the Leningrad siege - 35;
significant awards: Hero of the Russian Federation and the USSR, social labor, Order of Glory - 21;
firefighters of voluntary departments – 10.

Several benefits do not give the right to add them up. The longest one is selected. It doesn’t matter what date the leave without pay is dated, military pensioners participating in hostilities take the main paid period off at a comfortable time.

Special benefits for pensioners

Being a socially unprotected category of citizens, pensioners have some privileges in the workplace, for example:

Saving space during large-scale downsizing.
Urgent dismissal and payment without working out a 2-week period.
No taxation on social benefits and pensions.
Possibility to work part time.
Equal treatment in the workplace, full benefits package, opportunity to earn wages at the level of young employees.
Other benefits include special tax conditions for vehicles and land.

Pensioners are not given short-term employment contracts without their consent and cannot be suddenly fired. This is due to the fact that pensions and social benefits today are very small and do not provide a living wage, while it may be difficult for an older employee to find a new job.

Conditions for granting vacation benefits in the Far North: procedure for provision

The extreme northern climate implies the availability of benefits for providing additional time for rest. Such types of subsidiaries are described in the articles of the Labor Code of the Russian Federation.

Is a pensioner entitled to additional paid

Article 116 of the Labor Code guarantees vacations of such a plan, and Article 321 establishes their periods.

At the same time, regulatory documents adopted by trade unions in institutions (collective agreements, local acts, etc.) make it possible to regulate the procedure for providing additional training and its terms.

It is possible to combine primary and additional vacations, but not more than 2 years in advance. In total, you cannot take more than 6 months (including unpaid leave). If these six months were not used, they are added to the next year.

Northern pensioners, and even those who previously worked in those places, have the right to have the Russian Pension Fund pay for their vacation travel once every 3 years.

At your own expense unpaid

According to Article 128 of the Labor Code, residents of the Far North, like other Russians, have the right to unpaid leave. Its duration is agreed with the employer. The legislation does not provide for any additional rules for this category of Russian citizens.

Administrative

Residents of the Far North may be granted leave without pay (Article 128 of the Labor Code of the Russian Federation). The length of the vacation depends on the category of citizens:

old age pensioners – up to 14 days;
parents of military personnel, incl. dead – up to 14 days;
participants in combat operations in hot spots and WWII – up to 35 days;
honored labor veterans – up to 35 days;
elderly people with disabilities – up to 60 days.

If the categories coincide, then the days are not summed up, and accrual occurs according to the maximum period.

Nuances of provision

The legislation established how and what kind of leave is provided for each category of pensioners.

For WWII veterans

For veterans of the Great Patriotic War, who are now difficult to find as employees of organizations, the following types are provided:

Basic annual leave.
Additional leave without pay for a veteran.
Additional leave for retired workers of 35 calendar days.

The main feature of providing leave for this category of citizens is the extended period of time away from work.

Disabled person

Let's figure out what additional leave is available to disabled pensioners. This category of workers can count on additional leave, up to 60 calendar days per year. At the same time, this period can be divided into several parts at once and used in a separate period of time.

It is said that in the coming years special additional rest will be introduced for disabled people and labor veterans and this period will be extended.

Basic annual leave

From the point of view of labor legislation, working pensioners are ordinary employees, and they are entitled to receive basic annual leave.

Its provision is regulated by Article 115 of the Labor Code. Duration is 28 calendar days.

Leave for a working pensioner will be provided at the expense of the specific employer who signed the employment contract. Vacation is granted in the amount of 28 calendar days.

Throughout this period, the citizen has the right to count on wages that correspond to the average daily wage.

Article 286 of the Labor Code also regulates the situation when a working pensioner will be granted leave from the organization where he performs his part-time job.

Controversial issues

On the one hand, the director of the institution is obliged to follow the Labor Code and release the pensioner for the required 14 days without pay. Moreover, you can use them on the same day, without warning in advance.

On the other hand, their provision is influenced by the discretion of management. It also takes time to make a decision and carry out this procedure.

You can take advantage of additional leave six months later, after concluding an agreement. But DO for working pensioners can only be 14 days unpaid. The exception is certain categories of beneficiaries. In some cases, for compelling reasons, the employer may make concessions and provide a few more days so that the employee can resolve unforeseen circumstances.

Additional admission for medical examination

From 2021, pensioners have the opportunity to not work for 2 days a year. They are given for undergoing medical examination in a medical institution (Part 2 of Article 185.1 of the Labor Code of the Russian Federation).

To obtain an exemption from work on these days, you must write an application indicating the days of the medical examination and provide it to your employer. It would be logical to sign up for a medical examination in advance.

After the examination, a certificate from the clinic must be presented at the place of work as a sign that the days of release from work were used for their intended purpose.

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.

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