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.

What special categories are entitled to special conditions?

veteran of labour

Until 2004, there was a rule in Russian legislation granting a labor veteran the right to additional unpaid leave of 30 days. This norm has now been abolished. And the employer refers to Article 128 of the Labor Code of the Russian Federation, which means 14 days of vacation without pay.

Attention! However, at the regional level, the law does not limit measures of social support for working citizens of retirement age. A number of regions of the Russian Federation have laws for this category of citizens

A number of regions of the Russian Federation have laws for this category of citizens.

For example, in the Moscow region there is law No. 36/2006-OZ “On social support for certain categories of citizens in the Moscow region,” which establishes the right to unpaid additional leave in an amount not exceeding 35 days for labor veterans.

A similar law is in force in the Sverdlovsk region, but the Sakhalin region does not provide for this. Therefore, accurate information about whether there are regional standards must be obtained from the Center for Social Protection of the Population.

In this case, a labor veteran can simultaneously be:

• working disabled people are entitled to additional leave of up to 60 days a year;
• a participant in the Great Patriotic War, who is required to provide up to 35 days a year.

Then, according to Part 3 of Article 13 of the Federal Law “On Veterans,” a working pensioner has the right, at his own discretion, to choose the basis on which additional rest is assigned. It is impossible to sum up two periods of non-working days for different reasons, so the larger one is selected.

Former military

Military pensioners discharged from military service upon reaching the age limit for military service are entitled to unpaid leave of 14 calendar days per year.

A working military pensioner can simultaneously claim additional days off on another basis:

• combat veteran - up to 35 days a year (more about this here);
• disabled person, including during combat operations – up to 60 days per year;
• Hero of Russia, Hero of the USSR, Hero of Socialist Labor, full holder of the Order of Glory (military and labor) - up to 21 days annually;
• employee of a voluntary fire territorial unit - up to 10 days a year.

A military pensioner is given the longest period, since weekends cannot be summed up for two or more reasons.

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.

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 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.

Does work affect the amount of your pension?

As soon as a pensioner gets a job or continues professional activity at the previous place of work under an employment agreement, despite the retirement age, the employer makes insurance contributions to state funds.

In accordance with this, a working elderly Russian can appreciate the benefits of work:

1. The citizen continues to receive interest on investments.
2. The amount of pension provision increases, old-age assistance reaches its maximum after indexation.
3. Since 2015, working older people are awarded points - 3 points annually.

These positive changes affect the pensioner if he has continuously made tax contributions over the past 12 months.

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.

Regulatory and legislative framework

The rights of citizens working on pensions are enshrined in the Constitution of the Russian Federation (Article 37, paragraph 1 - on work and the right of everyone to choose the type of activity; Article 37, paragraph 5 - on everyone’s right to rest), the Labor Code (LC) of the Russian Federation (Art. 128 Art. 121); Federal Law (FZ) No. 255; Law “On Veterans” dated January 12, 1995 under number 5-FZ (as amended on March 7, 2018) and regional regulations.

• Article 128 of the Labor Code of the Russian Federation contains a list of categories of working citizens to whom the employer is obliged to provide leave without pay. Events in the employee’s personal life that give the right to use 5-day unpaid rest are also indicated here (see table below).
• Article 22 of the Law “On Veterans” states that local authorities of the constituent entities of the Federation have the right to provide annual leave at their own expense to labor veterans. To get such time off, you need to carefully study regional legislation, because labor preferences in this part of the law are not established everywhere.
• According to Art. 9 of Federal Law No. 255-FZ of December 29, 2006, in the event of illness (temporary disability) of an older employee during the period of free rest days, monetary compensation is not paid. If, for health reasons, a person submits a resignation letter, he may not work the two weeks recommended by law.
• Article 121 of the Labor Code of the Russian Federation determines the number of unpaid days of rest included in the length of service, which is a guarantee of receiving annual paid leave. The vacation includes 14 unpaid days. A period taken beyond the required period is not counted toward the length of service, and the next paid vacation is postponed for the same number of days.

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.

Types of vacations and duration in 2019

Chapter 19 of the Labor Code of the Russian Federation stipulates all possible options for the vacation period. In our country, working pensioners are provided with the following types of leave:

• Annual paid - is due to all working citizens in the amount of 28 calendar days annually if the person has worked for more than 6 months at the enterprise.
• Additional paid – the duration depends on the nature of the work activity.
• Without pay (unpaid) - for a good reason and in agreement with the manager. Based on a written application, the employer is obliged to provide the pensioner with such vacation days. Depending on the type of pension received, the period of rest varies from 14 to 60 days.

Additional paid

According to the law, the work activities of pensioners can be classified as special types of labor, since these people decided to continue working even though they had the right to legal rest. For this reason, additional vacation time is provided for this category of persons. Such a period can be fully or partially added to the main days of rest.

Articles 116–119 of the Labor Code of the Russian Federation regulate issues related to additional paid time. At the request of the employee, this period can be replaced with monetary compensation. The limitation on such payment applies only to those working in harmful and dangerous industries. The number of additional days depends on the category to which the pensioner belongs:

The Labor Code of the Russian Federation provides for the ability of employers to independently set additional vacation time, if this does not contradict the law. At the same time, the company must have the financial and production capabilities to provide such days. The procedure and conditions in this situation are regulated by local regulations or collective agreements drawn up taking into account the opinion of the trade union.

Leave without pay for working pensioners

Unpaid additional leave for working pensioners is provided under the conditions specified in Article 128 of the Labor Code of the Russian Federation. Such rest is due to citizens receiving a pension not listed in Articles 116–119 of the Labor Code. The number of additional days provided for different categories of persons is presented in the following table:

Article 128 of the Labor Code of the Russian Federation explains that rest without pay for a period of 2 weeks is entitled to all age pensioners, former military personnel and other persons, except for disabled people, veterans and equivalent categories of citizens. An employer does not have the right to recall an employee from unpaid leave. This is only possible in case of force majeure. Only 14 days of this vacation period are counted towards the insurance period.

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.

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.

FAQ

Question: Good afternoon! I retired but continue to work. The other day I wrote to the manager an application for time off without monetary compensation for a couple of days. He made a note on the statement of consent. I went on vacation. Upon my return , it turned out that I was fired for failing to show up for work. An order on administrative leave was not drawn up, although there was a verbal agreement. Did I legally lose my job?

Answer: The employer’s actions contradict the legislation of the Labor Code of the Russian Federation, because to provide vacation days without funding, it is enough to properly complete and submit an application.

Question: Is an employed pensioner allowed to take unfunded leave for six months?

Answer: This is possible, but only after agreement with the management of the company. If he does not agree, then the period of administrative leave cannot exceed 14 days.

The employer, at its discretion, may extend administrative leave for a pensioner