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Published: 06/09/2016
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Teaching staff and heads of educational organizations are provided not with the usual basic paid leave of 28 days, but with an extended one.
According to Article 334 of the Labor Code, its duration is determined by the Government of the Russian Federation, which in 2015 signed Resolution No. 466, establishing the number of paid days of rest provided to this category of workers in accordance with the nomenclature of positions held.
Extended vacations, as before, are 42 and 56 days.
- Categories that are eligible for this type of leave
- Terms of service
- Documenting
- Payments
Extended and additional leave: main differences
According to the norms of the Labor Code, certain categories of employees are granted the right to rest, the duration of which exceeds the general norm of 28 days. In particular, employees in the education and healthcare sectors, as well as prosecutors and civil servants have the right to extended rest.
Among accountants and personnel officers, the question often arises: how does extended leave differ from additional leave? Employees working in special conditions (harmful, dangerous production), with a special schedule (irregular working hours), etc. have the right to additional leave. Extended leave is granted to a certain category of workers, regardless of their working conditions.
How will an employer be punished if he replaces basic leave with compensation?
Let us reiterate: you can compensate with money part of the vacation exceeding 28 days, or vacation unused during the entire period of work if the employee quits.
A basic vacation is not a way to speculate. The employer is obliged to provide it and the employee to take it. It is prohibited to replace 28 days of basic vacation with money. Even if the employee doesn’t mind. Such a replacement will be regarded as a violation of labor laws. The labor inspectorate, if it finds out, will fine you under Art. 5.27 Code of Administrative Offences. For officials, a fine of up to 20 thousand rubles, for organizations up to 70 thousand rubles.
Postponing vacation to the next year without the employee’s consent will also be considered a violation of labor laws.
Who is eligible for extended leave?
As stated above, the right to an extended rest period is determined depending on the field in which the employee works. In addition, the Labor Code protects the rights of young professionals and provides extended rest for minor workers. Also, people with disabilities have the right to rest “above the norm”. In order to understand in more detail, the godfather is entitled to an extended rest, let’s turn to the TC.
Extended rest by area of activity
The concept of “extended leave” was introduced into labor legislation, primarily to protect the labor rights of workers serving in special, socially important areas. We are talking about teachers and researchers, rescuers of the Ministry of Emergency Situations, and medical workers. For information on the rest period for these categories of employees, see the table below.
| Who is entitled to extended rest? | How many days of rest is an employee entitled to? |
| Health workers | The right to annual rest, which exceeds the standard 28 days, is granted to medical employees working with HIV-infected patients. Regardless of whether the employee has a higher medical qualification or performs auxiliary work (orderly, nurse, laboratory assistant), the period of extended rest in this case is the same and is set at 36 calendar days. The main criterion for obtaining the right to extended rest is that the employee works with HIV materials (including persons infected with this virus). It should be noted that the vacation period is not extended further due to hazardous working conditions, since 36 days of rest already include a “premium” for hazardous work conditions. |
| Teachers | Persons with the status of teaching workers can rest up to 56 days a year. The period of extended rest depends on the category to which the teacher belongs:
|
| Researchers | Employees of educational institutions with a scientific degree have the right to rest from 36 days/year (for candidates of science). Persons with the title “Doctor of Science” can rest 48 days a year. When obtaining leave, the employee's rank is taken into account, not the area of activity. In other words, a person working as an expert consultant in a design bureau and having a doctorate degree has the right to rest for 48 days, along with scientists serving in state educational institutions. |
| Rescuers of the Ministry of Emergency Situations | Persons who are members of emergency response teams are entitled to "extra" leave. The duration of rest for emergency workers depends on their length of service:
In addition to the extended vacation, rescuers taking part in emergency response are entitled to additional days of rest. They are calculated as follows: 1 day per 24 hours of rescue work, but no more than 15 days per year. That is, in total, a rescuer can receive up to 55 days of rest per year (with more than 15 years of service and subject to participation in the elimination of emergency situations). If the rescuer is an employee of a non-state service, then additional days of rest for him can be replaced by monetary compensation. |
Some questions and answers
Question No. 1. The head of a department in a scientific organization has a scientific degree of Candidate of Sciences. How long is his vacation?
Answer. An employee can count on 48 working days of vacation.
Question No. 2. The manager of the enterprise is a disabled person of the 3rd group. He worked for 11 months and applied for leave for 30 days. Management insists he can only claim 28 cal. days. Who is right?
Answer. Working disabled people, regardless of disability group, receive extended leave - 30 calendar days. Therefore, management will violate the law if it gives its employee 2 less days. Read more here
Calculating vacation compensation
Calculation of vacation pay for extended holidays is carried out similarly to the general rules. There are no specific calculation features here: based on the order, you calculate vacation pay based on average earnings and the number of days of rest.
Example No. 2. Kindergarten teacher for disabled children Khokhlova K.N. I took a vacation for 56 days (07/01/17 – 08/26/17). Khokhlova’s salary is 14,320 rubles. Billing period – 07/01/16 – 06/30/17. During this period, Khokhlova was present at work all days.
Khokhlova's vacation pay was calculated as follows:
- Average daily earnings
RUB 14,320 / 29.3 = 488.37 rub.
- Vacation pay for 56 days
488.67 * 56 days = 27,365.52 rubles.
Based on Khokhlova’s application and order, vacation pay was credited to the teacher on June 26, 2017.
Breakdown of vacation into parts: legislative regulation
In accordance with Article 125 of the Labor Code of the Russian Federation, annual paid leave can be divided into parts by agreement
. The main condition is that one of the parts is at least 14 calendar days.
That is, if the employer allows it (gives written consent or establishes the possibility of dividing vacation in a local regulation), then the employee has the right to take vacation not entirely, but in parts.
It is worth noting that dividing annual leave into parts is not an obligation, but a right of both the employee and the manager
. That is, just as the general director does not have the right to refuse to provide an employee with leave in its entirety, so the employee does not have the right to insist on dividing the leave. Only by agreement.
So, one part of the vacation should not be less than 14 calendar days. The second part can be divided in any way; there are no legal restrictions. That is, an employee can take either 2-3 days of vacation or 7 days. The main thing is to agree on vacation days with the employer.
Please note that the director of the company has the right to approve the minimum duration of parts of the vacation in a local regulatory act
. For example, an enterprise may establish that employees do not have the right to take paid leave for less than 7 calendar days in a row (that is, employees can “take off” vacation in three parts: 14, 7 and 7 days).
Vacation pay calculation
Before the rest, teachers and lecturers receive appropriate payments from the accounting department. The amount is determined based on the person’s average earnings per day of work, multiplied by the number of vacation days. The accrual is made after the employee’s order and the calculation note are issued, which reflects all the essential information. Average earnings are determined by the following formula:
SZ = total payments, bonuses for the year / 12 * 29.3.
Due to the fact that months have different lengths, the average is set at 29.3. It is used only if the working period has been completed completely. Also, when calculating the average daily payment, overtime work performed and periods when the employee was absent are taken into account. Other charges are also taken into account:
- Established and paid salary.
- Hours of teaching load other than those established by the plan.
- Cool guide.
- Regional coefficient.
- An allowance due for length of service, combination, check of written work, professionalism or rank.
- Premium payments.
- Managing a classroom.
Periods when the employee did not work or several weeks were not fully worked are excluded from the calculation of vacation pay. The length of service includes maternity leave, but does not take into account parental leave. Payment is due 3 days before the start. In case of violation, the employee has the right to additional compensation for each day of delay.
Procedure for provision
A certain number of vacation days prescribed by the Labor Code is provided to the employee if there are grounds for it. It is necessary to register on the staff of the enterprise and carry out teaching activities for at least 150 hours during the month - this also applies to subject teachers, primary school teachers and teachers in universities. Even though the main staff is aware of the summer vacation, the HR department must still follow the established procedure. It is as follows:
- Two weeks before the required vacation period, familiarize employees with the prepared schedule.
- Adjust the plan if there are objections or significant circumstances.
- Collect all applications for the next annual leave.
- Draw up an order certified by the head of the enterprise and familiarize the staff with it against signature.
Attention! The workload for the next year in an educational institution is formed even before all employees leave for vacation, so even before the start of summer, every educator and teacher knows how many days of vacation they have.
Types of leave for teachers
Teaching staff are a separate category of citizens employed in educational institutions. Many people mistakenly believe that teachers work only in schools - this is not so: all employees whose field of activity is related to the education of schoolchildren, students, graduate students, etc. are considered as such.
Issues of granting leaves to teachers are regulated by the following legislative acts:
Art. 333 Labor Code of the Russian Federation
“Length of working hours for teaching staff” (more details)
Art. 334 Labor Code of the Russian Federation
“Annual basic extended paid leave” (more details)
Art. 335 Labor Code of the Russian Federation
“Long leave for teaching staff” (more details)
Federal Law dated December 29, 2012 No. 273-FZ
“On education in the Russian Federation” (more details)
Decree of the Government of the Russian Federation of May 14, 2015 No. 466
“On annual basic extended paid leave” (more details)
Decree of the Government of the Russian Federation dated August 8, 2013 No. 678
“On approval of the nomenclature of positions for teaching staff of organizations engaged in educational activities, positions of heads of educational organizations” (more details)
Order of the Ministry of Education and Science of the Russian Federation of December 22, 2014 No. 1601
“On the duration of working hours (standard hours of teaching work for the wage rate) of teaching staff and on the procedure for determining the teaching load of teaching staff, stipulated in the employment contract” (in more detail)
Let’s consider all types of leaves in more detail:
| View | Duration | Who is entitled to |
| Next | Depends on the type of teaching activity | For educators, speech therapists, school teachers, and university employees, subject to several criteria in terms of the length of the working week:
|
| For pregnancy and childbirth | Depends on pregnancy:
| To all employees upon provision of sick leave |
| Extended | Up to 1 year every 10 years | Employees involved in defending dissertations, undergoing additional training, etc., if their work experience in accredited institutions is at least 10 years |
| Additional | For residents of the Far North - 24 days, for teachers from equivalent areas - 16 days | Only for teachers living in the northern regions |
