How many days of vacation are teachers and educators entitled to?

14.08.2019

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5 minutes.

Teachers' vacations do not start at the same time as students' vacations, although many people think so. Workers in this sector have the right to extended rest, unlike workers of any commercial organizations. Depending on the qualifications and experience of the person, the period ranges from 42 to 56 days. The procedure for obtaining it is practically no different from the standard one, and leave is often granted during school holidays to avoid interruption of the educational process during the year.

Basic Concepts

Every employee, officially registered, has the right to annual paid leave in accordance with all the requirements of labor legislation. As a standard, it is 4 weeks, but some employees of the social sphere, civil or public service, and hazardous industries are given extended rest.

This includes teachers. This profession is associated with increased complexity and responsibility, so optimal conditions for workload and rest are created for workers. The duration of a teacher's vacation is regulated by the provisions of the Labor Code, namely articles 333-335. In addition to them, the following regulations are also taken into account:

Federal Law “On Education in the Russian Federation” No. 273 dated December 29, 2012.
Order of the Ministry of Education and Science No. 1601 of May 14, 2015.
Decree of the Government of the Russian Federation No. 466 of May 14, 2015.
Decree of the Government of the Russian Federation No. 678 of 08.08.2013.

Attention! The provisions not only determine the duration of leave, but also regulate the relationship between the employee and the organization in matters of its provision and payment of compensation. They guide the court in the process of resolving controversial issues.

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If the teacher has good reasons, then he can ask for leave without pay, no matter what time of year. There are some nuances here:

The employee must notify management in advance to allow time to find a temporary replacement. It is required to indicate in the application the reason for which the leave is taken and the period for which it will be taken.
Although no payments are made to the employee directly during the vacation, the employer’s obligation to maintain the job and level of earnings after the employee’s return remains in force.

If you are ill during his time, you should take a sick leave, and then use it to extend your vacation for sick days.

Features of granting leave to teachers

Even the teachers themselves often don’t know how many days a teacher’s vacation is, because the duration of the vacation is directly related to the type of vacation and the employee’s length of service. The period ranges from 42 to 56 days, but teachers working continuously for 10 years, according to Art. 335 of the Labor Code of the Russian Federation can receive additional leave for a period of 1 year. Teachers in regular schools and preschool institutions are given 42 days, while persons working with disabled children and people with disabilities take 56 days off. The dependence of the category and duration is determined by Decree of the Government of the Russian Federation No. 466 of May 14, 2015. But besides this, leave for teachers is divided into several types. Let's look at the most basic ones.

Annual paid vacation

Leave is granted to teaching staff on the basis of 100. 334 of the Labor Code and Art. 47 Federal Law No. 273 dated December 29, 2012. This is their legal right to restore health after an activity lasting one year. But it can be used by teachers who have completed their teaching load and who are registered in the staff of organizations in accordance with all the rules.

The workload is determined depending on the category of teacher. In a higher educational institution it is 150 hours per month, in school 36 hours per week, a speech therapist must work only 20 hours in 7 days. The annual paid leave of a teacher is 42 days, a teacher is 56 days, which is twice the usual period of 28 days for an ordinary employee.

Additional

Teachers who work more than 8 hours a day can count on additional vacations. Typically, this possibility is clearly stated in the collective agreement or local regulations of the institution. It all depends on the educational load provided at the institution and the complexity of the work. The organization pays for such a rest period from its own budget.

It is important to know! A teacher's vacation in the Far North zone or territories equivalent to them is always extended. This is due to constant work in unfavorable conditions. The additional quantity is determined by Art. 321 of the Labor Code of the Russian Federation, and is 24 days for the Constitutional Court, and 16 days for zones that are equivalent to them.

Extended vacation

In search of an answer to the question of how long a teacher’s vacation lasts, you can find information about the possibility of a teacher’s vacation during the year. It really exists and is defined by Art. 335 of the Labor Code and the provisions of Federal Law No. 273 of December 29, 2012. But it is provided in special cases, when, for example, you need to write a dissertation or complete research.

The list of positions is strictly defined in the first section of the nomenclature of Russian Government Decree No. 678 of 08/08/2013. Only specialists with at least 10 years of continuous experience can apply for such leave. To exercise your right, you must submit a written application addressed to the head of the educational institution. After checking whether there are grounds for providing it, the person is given a response. If there are no obstacles, an order is issued, after reviewing which the teacher goes on vacation.

Continuous work experience obtained while working in any educational institution that has state accreditation is taken into account.

Irregular working hours

Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions whose working hours are not standardized. The duration of such leave is determined either by a collective agreement or by the internal labor regulations of a given organization, but it cannot be less than three days. If it is not possible to provide additional leave, the teacher can “take it with money”, that is, overtime is compensated in the same way as overtime work. But for this there must be a written consent of the employee. How to write a vacation application? A sample can be found in the illustrations for this article.

The conditions and procedure for paid additional annual leave for teachers with irregular working hours in state-funded institutions and organizations are established by the Government of the Russian Federation, and in organizations and institutions financed by constituent entities of the Russian Federation, teachers’ leave is established by the authorities of the given subject. If an organization or institution is financed by the local budget, then all issues are resolved by local government.

Rest time and duration

The field of education is quite specific; the entire educational process is divided into quarters and semesters. Therefore, annual vacations are carried out mainly in the summer, so that teachers’ rest does not affect children’s education during the year. But at the request of the employee, it can be provided at other times, without taking into account the work of the school. The duration largely depends on the category of specialist and the type of educational institution:

Teachers and heads of preschool educational institutions - 42 days.
Teachers and speech therapists in preschool organizations working with children with disabilities – 56 days.
Employees of additional education organizations, including their managers – 42 days.
Teachers of institutions providing education services in the field of art - 56 days.
Teachers working in universities or providing additional professional education – 56 days.
Teachers and music directors - 42 days.
Teachers working in medical institutions with preschoolers and pupils with disabilities – 56 days.

Decree of the Government of Russia No. 466 of May 14, 2015 determines how much vacation teachers have, depending on the specific position. Rectors, heads of departments and directors rest for 56 days, as does the entire teaching staff.

Combination of positions

Teachers often work in different areas and combine positions where there are different lengths of leave. For example, a physics teacher and a preschool teacher in the same secondary school. The labor leave for teachers is 56 days, and for educators - 42. Vacation pay should be calculated accordingly. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.

The first is based on the amount of actual accrued wages for the entire payroll period - for each position separately. The second method is more difficult. The total duration of rest accounts for the total amount of actual accrued wages, plus the part of the vacation exceeding the total duration is calculated separately, based on the earnings of the position where the duration of the vacation is longer.

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.

Deadlines

How many days in advance and how to write a vacation application? The sample exists for each type of vacation separately, and the writing period is not discussed. However, in each organization there are certain standards, where local acts establish rules regarding the exact number of days after which such an application must be submitted to the appropriate authorities.

Much here depends on the work of the accounting department. She accrues vacation pay in advance, no less than three days before the vacation, excluding extreme cases. This means that the employer must receive the application at least four days in advance. You also need to take into account the scale of the organization; among educational institutions there are also very large ones. Therefore, it is better to take care of your own vacation much earlier.

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.

New laws

Extended leave is only available to those who are directly involved in the upbringing and education of children. Previously, not all categories of teaching staff received it, but now absolutely all teachers who have formalized their activities according to the nomenclature of positions for managers and employees of educational organizations have the right to extended leave.

More than fifty-six days of vacation are paid to teaching staff in institutions for orphans and children with limited health, as well as to teachers of art schools. The rest of the staff - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. This law also does not apply to non-teaching staff of educational institutions. Cooks and security guards can only add additional days at their own expense to the required thirty days of paid vacation, so as not to get bored in an empty school.