When are working pensioners and labor veterans entitled to additional leave?

The years of conscientious and hard work that labor veterans have behind them require the provision of various social support measures to this category of persons. However, despite their significant work experience, many of them continue to work even after receiving the appropriate status and retiring.

In this regard, many beneficiaries of this group are interested in the question of how to use the right to leave.

What kind of leave is required for a working veteran of retirement age in 2021?

According to Article 115 of the Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (as amended on December 31, 2017), each worker is guaranteed a vacation of 28 calendar days per year. The legislation does not define special conditions for providing paid additional leave to working pensioners and labor veterans. Overtime periods are provided on a general basis for specific labor conditions:

1. Paid rest will be 7 days if the work involves hazardous working conditions.
2. For work in the Far North, workers receive compensation for 24 calendar days before their main vacation.
3. Disabled people of group 3 (working group) have the right to paid 6 days of rest, in addition to the required 28 days.
4. For an irregular working day, 3 more days are provided in addition to the main vacation period.

In these cases, leave is subject to payment and is granted upon a written application from the employee.

How to get extra days off

The procedure for agreeing to receive additional days of rest for labor veterans is different in that it is declarative in nature. In other words, if the main leave is given to employees on the basis of an approved schedule, then in the case under consideration the veteran must notify the employer by sending him a report at any time convenient for him.

The document itself is drawn up in the name of the head of the organization. It is a mandatory requirement to indicate the start and end dates of the vacation in the application.

As for how many days before the vacation itself to submit an application, there are no clear instructions in the Labor Code in this case. It is best to write it one week before the expected date, since during this time the employer will be able to prepare the necessary administrative documents and make adjustments to the organization of the work process caused by the unplanned absence of the employee.

Reference! It is strictly not recommended to go on vacation if there are only verbal agreements, since otherwise the employer may accuse the employee of absenteeism, and the latter will not be able to prove the opposite due to the lack of documentary evidence of the legality of failure to appear at the place of work.

Guarantees for working employees of retirement age

Working retirees retain all the same rights as other younger employees.

But this category of workers also has several important guarantees:

1. An employer cannot refuse a job to an applicant because of his or her age—such reasoning is considered a serious offense.
2. Retirement age is not a reason for dismissal; otherwise, the employer faces heavy fines.
3. Pensioners, as a rule, have a long work history, which means that they have an advantage in maintaining a job when staffing is reduced, according to the Labor Code.
4. A pensioner may not work for two weeks if he has written a letter of resignation - he can leave on the same day. It is best to indicate “dismissal at your own request” in the application.
5. The opportunity to conclude an employment contract with the employer with fixed terms. This means that the pensioner can determine his own terms for working at the company. However, such an agreement is concluded only with the consent of both parties. If a retired employee was forced to sign, and this fact is confirmed in court, the hirer faces fines, and the contract automatically becomes an open-ended contract.

Indexation of pension cash payments

Pensioned workers have the right to an annual recalculation of their pension, as there is a constant increase in pension points.

If such an employee is officially employed, the employer constantly makes social contributions to the state, including to the pension fund. In this case, unaccounted points accumulate.

Pension payments are recalculated annually in August. If there are points that have accumulated during this year, they are added to the amount in the pensioner’s personal account. This happens every year until a person retires.

Subtleties of taking a vacation without pay

Practice shows that disputes often arise between employees and managers regarding the provision of additional education at their own expense. The main nuances concerning this issue are specified in the Labor Code of the Russian Federation (Article 128). It states that employers must provide additional leave to employees who belong to a preferential category. In turn, the person is obliged to indicate a valid reason and confirm it by providing a document. In addition, the application is drawn up in the form that is accepted at the enterprise, with a request for the provision of subsidiaries with salary deduction (the rules for filling out are discussed below).

If a person cannot indicate a reason, the issue is resolved individually. The algorithm of actions is as follows. First, an employee who is entitled to a benefit fills out an application. Next, the document falls into the hands of the employer for review. The latter decides whether to approve an extraordinary vacation for the employee or not.

Next, the issue is resolved individually. If an employer refuses to provide DO, he must explain his refusal. As a rule, the reason is production necessity. If a person has confirmed that the reason is valid, the manager does not have the right to refuse him.

Let's look at an example. Nikolai Nikolaevich has a third group disability. At the same time, he works at a factory as a mechanic. The company is small, so employees go on vacation according to a predetermined schedule in order to avoid production stops. In 2021, Nikolai Nikolaevich received a trip to the resort. He had been dreaming about it for a long time to improve his health. The downside is that the offer was last minute and arrived on time, when there were only 2 weeks left until the end of the vacation. Moreover, the course itself is designed for three weeks. In such a situation, Nikolai Nikolaevich went to the management and asked to provide the DO without payment. When filling out the application, he referred to the Labor Code of the Russian Federation (Article 128) and attached to the document a copy of the voucher and card from the hospital. This reason is valid, so the employer is forced to accommodate.

Additional leave at your own expense for working pensioners in 2019

In addition to paid holidays, you can take leave without pay for a working pensioner. The duration of absence without pay depends on the category of employee:

1. A disabled retired employee is required to be given 60 days a year without pay.
2. Veterans of the Great Patriotic War can rest an additional 35 days a year.
3. Retired workers are entitled to 14 days a year.

IMPORTANT! Additional leave for working pensioners in 2021 (without pay) does not depend on the type, nature, form and working conditions of the specialist.

Providing additional leave to labor veterans

• Individuals who began their professional activities before reaching full age at the start of the Great Patriotic War. However, the total insurance period must be at least 40 for men, and 35 for women.
• Individuals who were awarded awards in the form of medals, orders and titles of the Russian Federation and the USSR.

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Based on the legislative framework of the Russian Federation, or more precisely on the federal decree “On Labor Pensions of the Russian Federation,” absolutely all residents who have reached 60 years of age (for males) and 55 years of age (for females) can receive and have an old-age labor pension.

Who are veterans?

Not all employers know who is a labor veteran. This leads to violation of employee rights and problems with regulatory authorities.

It is important for enterprise managers to familiarize themselves with the provisions of labor legislation and regulations that describe the privileges for employees of this category. Labor veteran is a title that is awarded to a citizen of the country for many years of hard work to achieve an old-age pension or long service.

This status means that the employee’s work benefited the state. Veterans are provided by law with a whole range of benefits and social support. In order for an employee to have the opportunity to exercise all rights, he needs to obtain the appropriate status. It's not difficult, but not everyone can get the title.

Labor veterans include the following persons:

• employees who have work experience that is sufficient to apply for an old-age pension or long service;
• employees who have departmental awards, insignia for good work;
• persons who began working during the Great Patriotic War as minors (under 18 years of age);
• employees who have medals and awards issued for their work during the existence of the USSR or currently.

In order to receive all the benefits, a person must have Russian citizenship in addition to his rank.

Providing benefits for labor veterans in St. Petersburg and the Leningrad region

In this sense, St. Petersburg looks much more stable than other entities: for a long time, the formation of the economy in the region has been carried out taking into account the social aspect. Let's see how the St. Petersburg honored workers live and what kind of help they count on from the St. Petersburg authorities.

1. Landline telephones should be installed without a queue for this category of citizens.
2. Free travel is provided on all types of public municipal transport.
3. For labor veterans, tax benefits are provided: land, transport, and property of individuals.
4. When paying for utilities, a 50% discount is applied!
5. For this category of citizens, medical services in government institutions are provided free of charge.
6. Working pensioners can ask their employers for leave at any time convenient for them.
7. Dental prosthetics in municipal dental clinics and offices is provided free of charge. They will also not have to pay for denture repairs.
8. Veterans of labor living in St. Petersburg and wishing to monetize benefits for medicines, travel and sanatorium treatment are paid an allowance of 500 rubles every month by the regional authorities.
9. In 2021, new benefits were introduced in the form of additional discounts on utility bills and on the purchase of food.
10. Through social security authorities, veterans can apply for regional payments. They will receive 874 rubles monthly.
11. Labor veterans are given the right to discounted travel on suburban transport running throughout the Leningrad region.

Medical benefits

Working people of retirement age also have the right to:

• full medical examination once every 3 years;
• annual free vaccination against influenza strains.

If a pensioner has the status of a labor veteran, there are even more benefits:

1. 50% discount on medications prescribed by a doctor during outpatient treatment;
2. free dental treatment in municipal hospitals;
3. production or repair of dentures free of charge.

Additional leave for pensioners under the Labor Code

By retiring, but continuing to officially work, a citizen becomes a recipient of certain benefits guaranteed by state authorities. One of them is the possibility of receiving additional days of rest. The Labor Code of the Russian Federation (LC RF) establishes the employer’s obligation to provide this vacation period in the following articles:

• 64 – vacation guarantee upon concluding an employment contract;
• 81 – impossibility of dismissing an employee who is on vacation;
• 116 – explains who is entitled to additional paid vacation days;
• 117 – concerns workers with dangerous and harmful working conditions;
• 118 – affects employees with a special nature of work;
• 119 – applies to persons who have irregular working hours;
• 127 – the right to compensation for an unused additional period of rest upon dismissal;
• 128 - explains who is entitled to vacation days without pay.

What is required?

For labor veterans, the following type of leave is issued:

Leave can be granted upon presentation of a labor veteran's certificate directly when writing an application for leave to the employer or to the human resources department.

If a citizen has additional preferential factors, for example, a disability group, then he has the right to a number of concessions and an extension of leave, but it is impossible to sum up all status privileges. You must select one suitable option.

Rest out of turn

At the regional level, there is the right to provide out-of-turn summer leave for labor veterans, but this benefit is not valid in all regions of the country. Therefore, in most cases, annual summer leave is provided on equal terms to all employees.

Main and additional days of rest

• hazardous and hazardous industries;
• irregular schedule;
• work in the Far North and its regions.

Expert opinion

Gusev Pavel Petrovich

Lawyer with 8 years of experience. Specialization: family law. Has experience in defense in court.

The employer, in accordance with Article 116 of the Labor Code, can independently determine vacation benefits for labor veterans. This decision is secured by a collective agreement or recorded in the local regulations of the organization.

At the federal level, labor veterans are provided only with unpaid additional leave.

No content

According to legislative norms, the employer is obliged to give leave to working veterans of labor at their request, but without maintaining wages (under Article 128 part 3 of the Labor Code of the Russian Federation).

The worker is guaranteed 14 days of rest at his own request at any time . Additional days can be used all at once or split into several parts.

According to Article 13, Part 3 of Federal Law No. 5, if there are compelling reasons to receive a measure of social support, only one reason for leave is selected. For example, in connection with the death of a close relative, for family reasons.

In the regions

According to the initial orders in the Labor Code of the Russian Federation in Article 423, the protection of certain categories of citizens for whom priority in receiving vacation days is established:

Unpaid administrative leave for VTs of retirement age

Labor veteran (hereinafter VT) is a special category of citizens. Their status and legal status are enshrined in the Federal Law of January 12, 1995 No. 5 “On Veterans”.

Read more in the article: Law on Labor Veterans as amended for 2019

According to Federal Law No. 5 of January 12, 1995 “On Veterans,” until 2004, a labor veteran who was also an old-age pensioner had the right to unscheduled leave of up to 30 calendar days. Administrative leave was granted upon the personal application of a working pensioner.

After 2004, changes were made to this law and VTs were deprived of the possibility of additional leave of 30 days. This issue is now regulated by Article 128 of the Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ (as amended on December 31, 2017), which states the right of a working pensioner to unpaid leave of 14 days. In this case, it is necessary to notify the employer using a written statement.

Registration procedure

Based on the application, the employer issues an order, after signing which the employee can go on vacation from the date specified in it.

The order is not issued arbitrarily, but according to a special unified form T-6. This document must be signed by the head of the organization.

The employee puts his signature on the order, indicating that he is fully familiar with its contents. If this condition is not met, the document cannot be considered valid.

A veteran has the right to exercise the right to an unpaid period of rest, either in whole or in part. Moreover, the number and duration of days of vacation parts are not regulated. The main thing is that their total number does not exceed the limit established by law.

Attention! There is no provision for replacing days of unpaid rest with monetary compensation, since they are given to the employee on an application basis.

Additional, almost a month's leave for working veterans, which previously all persons with this status could count on, is provided only at the level of individual entities. However, almost all regions retained this benefit.

At the same time, all veterans who are pensioners have the right, guaranteed by federal legislation, to additional rest without pay for a period of up to two weeks, the procedure for providing which is regulated by the Labor Code on a general basis.

Basic paid leave for labor veterans

The annual basic paid leave generally lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For certain categories of employees, the duration of the main leave may be longer. This is due to the increased complexity and intensity of their work. For example, the law provides for longer basic leave for teachers (Article 334 of the Labor Code of the Russian Federation).

However, benefits for labor veterans on regular leave are not provided for by labor legislation.

Therefore, the annual basic paid leave for labor veterans can only be increased if they simultaneously belong to other preferential categories (for example, they work in the field of education).

Laws: federal and regional

The law that considers all issues relating to veterans is Federal Law No. 5-FZ dated January 12, 1995.
There is a difference in what benefits a federal and regional labor veteran enjoys, and it is significant. The federal certificate remains valid throughout Russia, and the citizen receives benefits in any subject of the Russian Federation, even if he has changed his place of residence. For example, if a federal benefit recipient moved from St. Petersburg to Novgorod, he is subject to the privileges of this region in relation to this category of citizens. The regional veteran title is valid only in the territory of the region where it was awarded. When moving, the title and associated privileges are lost.

Here are some of the laws regulating the provision of benefits to labor veterans of all categories at the level of regional legislation:

• Law of Moscow dated November 3, 2004 No. 70;
• Law of the city of St. Petersburg dated November 22, 2011 No. 728-132;
• Law of the Krasnodar Territory dated December 15, 2004 No. 808-KZ;
• Law of the Khanty-Mansiysk Autonomous Okrug dated November 7, 2006 No. 115-OZ;
• Law of the Murmansk region dated December 23, 2004 No. 550-01-ZMO.

Vacation periods without pay

The DO period, which is not paid by the employer, is stipulated in the legislation - the Labor Code of the Russian Federation (Article 128). Here we consider the categories of persons who have the right to rest for a certain period of time (except for the main vacation). The reason may be family circumstances or other situations. This category includes WWII participants (35 days with wages withheld), 14 days (pensioners) and 60 days (disabled people).

When registering such a DO, it is worth remembering that it is partially taken into account when calculating length of service. Of the allotted period, only two weeks are taken into account.

Sample application for additional leave at your own expense

To receive additional rest time without pay, write an application. There is no unified application form, we suggest using a special form:

The completed application will look like this:

Leave for labor veterans and working pensioners

The law does not prohibit sharing additional leave and does not establish an obligation to take it in its entirety. This means that the rest time can be divided into 2 or more parts. At the same time, Art. 125 of the Labor Code of the Russian Federation, which regulates the splitting of vacations, speaks only about paid leave - which means that parts of additional unpaid leave can be of any duration. However, this rule can be used as a guide when calling an employee back from vacation. Thus, you can call an employee (with his consent) from any vacation, but if a veteran of labor is engaged in work with harmful or dangerous conditions, then it is impossible to call him.

• Art. 64 of the Labor Code of the Russian Federation “Guarantees that an employee can count on when concluding an employment contract”;
• Art. 179 of the Labor Code of the Russian Federation “Preemptive right to remain at work in case of staff reduction”;
• Art. 80 of the Labor Code of the Russian Federation “Termination of an employment contract at the initiative of the employee”;
• Art. 128 of the Labor Code of the Russian Federation “Rest without pay”;
• Article 16 of the Federal Law “On Veterans”.

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Benefits for labor veterans in the Chelyabinsk region in 2021

By law, work experience must be 40 years for men and 5 years less for women. This is a calendar period of service that does not include the time of full-time training in a specialty and preferential insurance experience, but includes periods of maternity leave, parental leave and conscription service.

• compensation for the cost of purchasing solid fuel (wood, coal) or liquefied gas cylinders for heating individual residential buildings that do not have central heating;
• compensation of half the costs of paying for the removal of household waste, hot and cold water, gas supply, electricity and other utility services;
• reimbursement of half of the costs of transferring rent;
• additional leave in addition to the main one at any time of the year without maintaining the average salary for the rest period (for employed veterans of labor);
• free production and installation of dentures, as well as their repair (with the exception of dentures made of metal-ceramics, ceramics, porcelain and precious metals);
• free treatment and emergency care in hospitals and clinics.

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Legal status

The category “labor veteran” is defined by Article 7 of Federal Law No. 5 as a person who has accumulated labor (insurance) experience over fifteen years of work in one industry. In different industries, the entire length of service is a total of 25 years for men and 20 years for women. Veterans are awarded special medals and orders of the USSR, modern orders of the Russian Federation, certificates of honor and gratitude.

The status of a “labor veteran” is assigned in accordance with legislative norms at the federal level according to the following parameters:

• honorary titles - USSR, Russian Federation, diplomas/commendations, labor merits, medals and badges of excellence in shock labor;
• working experience - from 15 years in one industry, from 25 years and 20 years in different fields for men and women. For those who started working during the Second World War, the work experience should be 35 years for women and 40 years for men.

According to acts at the regional level, a labor veteran is assigned according to the following parameters:

• the size of the employee’s individual pension coefficient should be 11.4 (will rise to 30);
• presence of distinctive awards and orders;
• seniority.

For example, for Moscow citizens, the procedure for assigning status is approved in accordance with government decree No. 443-PP - where obtaining status depends on the following factors:

• availability of medals and orders, length of service, pension certificate;
• labor activity began during the Second World War and is 40 years for men and 35 years for women.

And in the Krasnodar Territory, assignment is regulated according to the following parameters:

• permanent residence in the region;
• seniority;
• presence of orders and medals of labor merit.

What benefits are provided by law to a labor veteran in 2021?

For free travel, it is enough to present a labor veteran’s ID with a travel document to the driver or conductor of city ground transport. A travel document can be obtained from the local Administration or from the Department of Social Protection of the Population upon application.

Land tax is not included in a number of federal benefits, but may be prescribed at the regional level in some areas. For example, in the Penza region, labor veterans are exempt from such taxation, using their plots completely free of charge. In the Moscow region, this measure is implemented only for pensioners, regardless of their membership in a preferential category.