Registration of unpaid leave for working pensioners

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Getting an old-age pension is not a reason to leave work. The reasons why citizens stay in their jobs are different: lack of money, the desire to remain in demand in society, etc.

But not everyone knows that leave for the elderly category of workers under the legislation of the Russian Federation has its own nuances and additional privileges. Let's consider the features of providing guaranteed and additional rest, the rules for calculating vacation pay and other issues related to this issue.

Does a pensioner have the right to days at his own expense?

Leave without pay for working pensioners is the right of an employee of retirement age (Article 128 of the Labor Code). The number of days is 14, but by agreement with the management, their number may be greater.

Reference! It is advisable not to go beyond the 14 free days of rest required by law, as this will affect the length of service taken into account, which gives the right to a paid vacation period.

For a certain category of the elderly working population, the duration of additional days of well-deserved “vacations” can be increased in accordance with Russian legislation.

Unpaid days can be combined with basic legally guaranteed leave , or used separately or in parts. The basis for granting “vacations” without saving a salary is a statement written by the pensioner.

Additional free leave is not recorded in the vacation schedule, but is necessarily taken into account in the working time sheet.

About employed pensioners in the Russian Federation

Many citizens of the Russian Federation of retirement age (this also includes persons in the age category 55-60 years and older) continue to fulfill labor obligations. This happens for various reasons, and one of them is the difficult economic situation in Russia.

Citizens of retirement age who work, in addition to pensions, receive monetary remuneration for their work and have the same rights as other categories of employed citizens, are protected by the state from illegal actions of the employing organization.

Retired citizens have the right to continue working

A pensioner cannot be refused employment because he has reached a certain age limit. It should be noted that Russians who already have extensive work experience have a number of advantages over other citizens.

For example, according to the labor law:

• in case of leaving the workplace, they are exempted from two weeks of work;
• due to extensive work experience and high qualifications, it is easier for them to remain an employee in the event of staff reduction;
• they have the opportunity to take unpaid administrative leave.

Pensioners upon dismissal are exempt from two weeks of service

How many days can you apply?

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

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

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

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

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

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

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

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

What vacations are available to working pensioners?

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

Expert commentary

Kamensky Yuri

Lawyer

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

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

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

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

Additional privileges

Russian legislation provides for working pensioners the possibility of a “maternity leave” to care for a grandson or granddaughter until they reach 3 years of age.

In addition, older employees are entitled to a reduced work schedule. He has the right to resign on the day of retirement without the required two weeks of work.

When an employee is dismissed due to retirement, he is required to compensate him with money for days of unused legal leave on the basis of Article 126 of the Labor Code of the Russian Federation.

For pensioners working in the northern regions of the Russian Federation, the employer is obliged to pay round trip travel to the vacation spot. This right can be used once in two years. This also applies to paying for travel in your own car. Only travel and baggage costs are paid. Travel expenses are also provided for minors traveling with their grandparents.

Mandatory annual leave for pensioners

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

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

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

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

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

Helpful information

"Vacations" at their own expense have some features. For example, certain provisions for paid leave do not apply to unpaid leave.

1. If a person did not have time to rest at his own expense this year, in accordance with labor legislation, then the unused days will not be carried over to the next year, as is the case with the main vacation.
2. If during the period of free rest an employee suffers from illness, then sick leave will not be paid to him and the rest will not be extended due to illness.
3. For length of service, only 14 days of unpaid “vacations” are taken into account.

Attention! Additional days of rest can, by agreement of the parties (boss and retired employee), be replaced by cash payments. The exception is working in hazardous industries.

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.

How to write a statement correctly

An example of a correct application form is posted below. The header of the document indicates to whom and from whom it was written, and the text itself records the date from which leave is required and the number of days. It is not necessary to indicate the reason why a person decided to rest, but it is advisable. In practice, you can often encounter refusals due to the absence of a reason or legal basis in the text.

The document can be drawn up by hand or printed. Be sure to indicate that the applicant is a pensioner and attach a copy of the pension certificate or certificate from the Pension Fund.

For valid reasons related to family circumstances: death of a loved one, birth of a child, wedding, illness of a relative, etc., there should be no refusals.

Typically, unpaid leave is used on an emergency basis when urgent matters or circumstances arise. The application is submitted to management for consideration a couple of days before the start date specified in the application. This time is quite enough for the boss to approve it and create a corresponding order for the enterprise.

Application example:

If the main leave must be coordinated and the right to rest strictly in accordance with the drawn up schedule, then unpaid days are provided immediately upon the written request of the older employee. The employer is obliged to issue an additional order upon application. leave without pay.

It is illegal to recall a person from vacation ahead of schedule . An exception may be force majeure circumstances that require the immediate presence of a retired employee at the enterprise.

At the initiative of the employer

Sometimes, for various reasons, the initiative to send employees on vacation without pay comes from the employer. This happens when there is no amount of work or insufficient funds for salaries. It is worth remembering that the initiative to send an employee on unpaid leave at the initiative of the employer is unacceptable; the employer does not have the right to offer him to go on leave without pay, but he can hint.

Often employees are sympathetic to the situation and agree to such an offer, realizing that otherwise the company will go bankrupt and they will be left without work at all.

But forcing employees to take unpaid leave or even issuing orders without appropriate statements from employees is a gross violation of labor laws.

All that the employer can do in the absence of work volume on his own initiative is to declare downtime with payment in the amount of two-thirds of the average earnings or salary, depending on the reasons for the downtime. True, in this case he has the right to demand the presence of subordinates at their workplaces for the entire period of downtime.

The employer also has the right to initiate and stipulate in the collective agreement or local regulations other cases when employees are provided with rest time without pay, for example, employees with two or more children under the age of 14, or single parents.

Often the management takes such a step, tired of dealing with the complaints of child-loving parents who definitely want to relax in the summer, and the rest of the team, who also sometimes want to bask in the summer sun. But the use of such additional rest time is again a right, not an obligation of the employee.

Leave to care for grandchildren

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

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

Who can take it

The list of persons who can go on vacation without keeping their wages is prescribed by the Labor Code of the Russian Federation No. 197 of January 30, 2001, in Art. 128 paragraph 2. The following employees are required to be allowed to rest upon expressing their desire:

1. Participants of the Second World War.
2. Old age pensioners who continue to work.
3. Family members of military personnel and employees who died in the performance of duties or from injuries received in service.
4. Disabled people who work.
5. All employees at the birth of a child, marriage, burial of a blood relative.

In the Labor Code of the Russian Federation, Articles 173 and 174 provide the following additional list of persons who should be given leave without pay:

• employees entering universities and professional educational institutions;
• persons who work and study at universities at the same time;
• for those who combine work and study at a university, secondary specialized educational institution or for the period of certification.

If an employee combines positions, the second leave for a non-main position may be shorter; he has the right to ask for days at his own expense so that the terms in both jobs are equal.

Features of registration of the next paid leave

Workers in a number of industries, despite receiving a pension, can remain in demand and benefit society.

Examples include:

1. Teachers at universities.
2. Highly qualified production specialists.
3. Watchmen.
4. Security guards, etc.

There are preferential professions that give a person in adulthood the opportunity to earn up to 50 thousand rubles or more.

Reference! According to the Labor Code of Russia, every Russian has the right to paid leave lasting 28 days. This also applies to people of pre-retirement age and those who have retired.

The vacation period is agreed upon with employees in advance. And at the end of the current year, a schedule is drawn up for the next year, which employees must strictly adhere to.

How many days are there?

Planned and paid days of rest for the working category of pensioners amount to 28 days. An exception may be employees who, due to their occupation or place of residence, are entitled to a longer vacation. This includes special working conditions, hazardous production, northern climate, etc.

Additional days

For some citizens, additional paid days are provided:

• for residents of the Far North – 24 days;
• for persons living in areas similar in conditions to the north – 16 days;
• for citizens working in remote corners of Russia or in areas with a special climate - 8 days;
• when working in an occupation that is hazardous to health – 7 days;
• for accident liquidators and victims – 14 days;
• for disabled people – 6 days;
• for employees with irregular work hours – 3 days.

According to Art. 185.1 of the Labor Code of the Russian Federation, all retired working employees, without exception, are released from work for a couple of days to undergo a medical examination at the clinic at their place of residence. These days are paid days.

Accrual of vacation pay

The calculation is carried out according to the following scheme:

1. The average daily earnings are calculated. To do this, a certain period is selected, for example, last year, and all days and hours worked are taken into account.
2. The cash payments received by the pensioner for a given period are summed up.
3. The total salary is then divided by the number of days worked.
4. The result is the amount of payment for one day of “vacation”.
5. The result obtained is multiplied by the number of days for rest approved by the manager. This will be the amount of vacation pay.

Important! Payments must be accrued and paid to the employee no less than three days before the start of the vacation.

Days for medical examination

From 01/01/2019, an additional privilege was introduced in relation to older employees and pre-retirees. According to Article 185.1 of the Labor Code of the Russian Federation, a working pensioner has the right to arrange additional paid days for undergoing a medical examination at a clinic.

The Labor Code guarantees two working days once a year. For these two medical examination days, the employee is entitled to payment in the amount of average earnings. To issue them, you must:

1. Coordinate the time of medical examination with the medical organization.
2. Write an application addressed to the employer.
3. Agree the application with management.
4. Read the order on providing paid days.

This period is not a vacation, since the days are provided not for rest, but for undergoing medical examination. An employer can verify that an employee has undergone a medical examination, but the employee himself is not required to provide evidence of completion, at least for now.

If you need to solve unexpected family problems, it is better to arrange leave for working pensioners without pay (Articles 126 - 128 of the Labor Code of the Russian Federation).

Sample application for paid additional leave