One of the main types of employee rest is vacation. In accordance with the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation) the following types of leave are provided to the employee:

44. The concept of vacations and their types.

Vacation is free from work time, calculated in working or calendar days, during which the employee retains his place of work and, as a rule, average earnings.

Highlight the following types vacations:

Annual basic paid leave. Provided to all employees with preservation of their place of work and average earnings for a period of at least 28 calendar days.

Extended vacation. Installed for certain categories of workers:

for minors - at least 31 calendar days;

for civil servants - at least 30 calendar days;

for disabled people - at least 30 calendar days;

employees of scientific research and cultural and educational institutions - 36 or 48 working days;

employees educational institutions and teaching staff of other organizations - 42 or 56 calendar days;

judges - 30 working days;

- prosecutorial employees - 30 calendar days, etc. 3. Additional holidays provided:

Workers engaged in work with harmful and (or) dangerous working conditions; employees with long work experience in certain sectors of the national economy;

workers in the regions of the Far North and in areas equivalent to them (in areas of the Far North - 24 calendar days; in areas equivalent to them - 16 calendar days);

employees with irregular working hours (at least three calendar days);

in other cases established by law or at the local level.

The total duration of leave (main and additional) is determined by summing the main and additional leave.

4. Targeted vacations. They are also provided to certain categories of workers and have a special purpose. These include:

Maternity leave is granted to a woman for 70 days before giving birth (for multiple pregnancies - 84 days) and 70 days after childbirth (for complicated births - 86, for the birth of two or more children - 110);

Partially paid parental leave until the age of 1.5 years;

Leave without pay to care for a child until he reaches 3 years of age;

Leave without pay (provided to employees for family reasons and other valid reasons);

Leave for employees combining work and study. Vacation for the first year of work is granted after 6 months of continuous work in the organization. The first working year is calculated from the date of entry into work in the organization, and all subsequent ones from the day following the end of the previous working year. In some cases (Article 122 of the Labor Code of the Russian Federation), leave is granted before the expiration of 6 months of continuous work:

for women - before maternity leave or immediately after it;

minors;

employees who have adopted a child (children) under the age of 3 months.

Vacation for the second and subsequent years is granted at any time during the working year in accordance with the vacation schedule. The vacation schedule is approved by the employer, taking into account the opinion of the elected trade union body of the organization no later than 2 weeks before the start of the calendar year.

The employee must be notified of the start time of the vacation no later than 2 weeks before it begins. Annual leave must be extended or postponed: in case of temporary disability of the employee,

when the employee performs state duties and in other cases provided for by law.

Annual paid leave may be postponed to another date if the employee was not paid in a timely manner for the duration of this leave (no later than 3 days before its start) or the employee was notified about the start time of the leave later than two weeks before it began. . Early recall from vacation is permitted only with the consent of the employee. By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave should not be less than 14 calendar days.

The Labor Code of the Russian Federation establishes the possibility of granting leave with subsequent dismissal. In this case, the day of dismissal will be considered the last day of vacation. This date is entered in work book as the date of dismissal.

At the request of the employee, he may be granted leave without pay with the consent of the employer for family reasons and other valid reasons and is formalized by order of the employer. In some cases, the employer is obliged to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners - up to 14 calendar days per year;

parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in the event of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days;

employees admitted to entrance examinations to higher and secondary specialized educational institutions - for 15 and 10 calendar days, respectively, etc.

45. Procedure for granting leave. Transferring, reducing, dividing vacation into parts, calling back from vacation.

Paid leave must be provided every working year, which is why it is called annual leave. The working year begins from the day when the employee actually began to perform duties under the employment contract and, as a rule, does not coincide with the calendar year.

The procedure for calculating length of service giving the right to annual basic paid leave is regulated by Art. 121 TK. This length of service is calculated in days, months and years. In addition to the time of actual work, it includes the time when the employee did not work, but retained his job (position), including the time of annual paid leave, time of forced absence in the event of illegal dismissal or suspension from work and subsequent reinstatement, other periods, provided for by a collective agreement, employment contract or local regulatory act of the organization. In addition, this length of service includes the time the employee performs state and public duties, the time of educational leave, the time spent in a medical institution for examination, if the employee is required to undergo it, taking into account the character labor functions, time of release of donors from work to donate blood and days of rest provided in connection with this, etc.

The length of service that gives the right to basic annual paid leave does not include:

periods of absence from work without good reason, including during suspension;

periods of parental leave until the child reaches a specified age;

periods of unpaid leave lasting more than seven calendar days.

When providing annual additional paid leave for work with harmful and (or) dangerous working conditions, the length of service giving the right to leave is determined only taking into account the actual time worked in accordance with the Instruction of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated November 21, 1975. If the employee did not work in hazardous working conditions of established length of service, the duration of additional leave is reduced in proportion to the time worked.

When determining the right to this type of additional leave, the following are also included in the length of service:

period of temporary incapacity for work;

time of maternity leave, time of transfer to another job due to pregnancy, breastfeeding or the presence of children under the age of one year;

time for performing state and public duties.

The right to vacation for the first year of work arises after six months of continuous work with a particular employer. By agreement between the employee and the employer, vacation can be used before the expiration of this period, i.e. in advance. In certain cases, the employer is obligated to provide leave regardless of length of service:

before or immediately after maternity leave;

if the employee is under 18 years of age; when adopting a child under three months of age;

if this is provided for by federal laws (for example, to persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant);

for part-time workers - simultaneously with vacation from their main job;

men whose wives are on maternity leave;

veterans of the Great Patriotic War, etc.

Basic and additional paid leave are usually used simultaneously, even if this happens in advance. When calculating the total duration of vacation, the specified vacations are summed up. They are not limited to any maximum limit. A special procedure for summing up vacations is provided for persons working in the Far North and equivalent areas. Firstly, full or partial combination of vacations is allowed for no more than two years. Secondly, the total duration of the leave should not exceed six months, including the time required to travel to and from the place of use. The unused portion of vacation exceeding six months is carried over to the next year.

For the second and subsequent years of work, vacation is granted in accordance with the sequence, which is established by the employer taking into account the opinion of the elected trade union body and is fixed in the vacation schedule, approved no later than two weeks before the start of the calendar year. When drawing up vacation schedules, production conditions, employee wishes, and benefits are taken into account. In particular, at any time convenient for them, they can exercise their right to leave: Heroes of the USSR, Russian Federation and full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory, veterans of the Great Patriotic War and veterans of military operations on the territory of other states, minors up to 18 years of age, workers studying in educational institutions on the job, etc.

Annual paid leave is subject to extension in the following cases:

temporary disability of the employee;

performance of government duties;

in other cases in accordance with laws, as well as local regulations.

Non-working holidays falling during the vacation period are not included in the number of vacation days and are not paid (Article 120 of the Labor Code), although this rule contradicts Art. 7 of the International Covenant on Economic, Social and Cultural Rights of 1966, ratified by the Russian Federation.

Vacation may be postponed to the next working year in exceptional cases, which may adversely affect the progress of the enterprise. However, it must be used no later than 12 months after the end of the relevant working year. Leave transfers are made only with the consent of the employee.

Failure to provide paid leave for two consecutive years is prohibited. For minor workers and workers engaged in work with harmful and (or) dangerous working conditions, leave must be issued annually.

By agreement of the parties to the employment contract, annual paid leave may be divided into parts, at least one of which should not be less than 14 calendar days. The Labor Code has not resolved the issue of how to correlate the right to use vacation in parts with the obligation to provide it according to the schedule.

In practice, it may be necessary to recall an employee from vacation. But this is allowed only in cases of extreme necessity with the consent of the employee. Therefore, an employee’s refusal to go to work before the end of the vacation is not considered a violation of labor discipline.

Recall from vacation is carried out by order of the employer, which indicates the reasons for the recall and the period for which the remainder of the vacation is transferred. In case of recall from vacation, vacation payments must be recalculated based on the actual number of days of vacation used.

It is not permitted to recall minor workers, pregnant women and workers engaged in work with harmful and (or) dangerous working conditions from vacation.

A new norm for Russian labor law has been introduced, according to which, at the written request of the employee, part of the vacation exceeding 28 calendar days can be replaced by monetary compensation (Article 126 of the Labor Code). This rule does not apply to pregnant women and minors under 18 years of age, as well as workers engaged in heavy work and work with harmful and (or) dangerous working conditions. The only exception is if an employee is fired.

Upon termination of an employment contract, regardless of the grounds for dismissal, the employee is paid monetary compensation for all unused vacations. The law does not establish any statute of limitations for obtaining it.

The vacation period is counted towards the period of notice of dismissal, with the exception of dismissal for guilty actions. In this case, the day of dismissal is considered the last day of vacation, which is entered in the work book. If the employment contract is terminated at the initiative of the employee, he may withdraw his resignation letter before the start of the vacation, unless another employee is invited to take his place by way of transfer.

Upon dismissal due to the expiration of the employment contract, the vacation time may fully or partially extend beyond the original term of the contract. In this case, the day of dismissal is also recognized as the last day of vacation.

Vacation is considered a temporary release from work for a specified period while retaining a given position. The main types of leave are provided for by the main legislative act in the field labor relations- Labor Code of the Russian Federation. According to this set of laws, every person engaged in labor activity has the right to an annual additional benefit for certain categories of workers (minors, young mothers, disabled people, war veterans) in the field of employment and rest.

In accordance with Article 122 of the Labor Code of the Russian Federation, the first leave can be granted to an employee six months after the start of his work with a specific employer. However, in real life everything could be completely different. For example, a manager often refuses to give his employee time off on time. There can be many reasons for this: the employee’s “indispensability” in the workplace, lack of personnel, reluctance to pay vacation pay, etc. Refusal to provide an employee with due leave on the part of the manager is considered illegal and can be appealed in court. As practice shows, such trials are carried out very rarely.

Leave for an employee who has worked in a certain place for less than six months can be granted if he is a minor or the adoptive parent of a child under three years of age. rest in mandatory should be provided to a woman who is on early pregnancy, regardless of how long she worked for a particular employer.

Types of vacations (paid):

Annual main leave. Its duration is 28 days, including weekends. Extended annual leave (28 days or more) can be granted to the following categories of persons: minors, disabled people, employees of the prosecutor's office, courts, colleges, universities, employees of schools and institutions additional education, municipal and civil servants, candidates of science and rescuers. This list can be expanded.

Annual additional leave is intended for persons working in extreme conditions(for example, in the northern regions), in hazardous or hazardous industries, as well as for employees who have an irregular work schedule.

Study leave is granted to an employee upon presentation of a certificate from the relevant institution. The duration of the vacation and payment in this case depends on the form and course of study.

Maternity leave the employer provides the woman after she presents sick leave from the antenatal clinic issued at 30 weeks of pregnancy. The duration of her rest in this case is 70 days before and after the birth of the child. In the case of a difficult birth, this period can be increased to 86 days, for the birth of twins - up to 110.

Leave can be granted at the woman’s personal request; in this case, her basic income will consist of state social insurance benefits. A woman who is on maternity leave (until he reaches, as a rule, three years old) retains his position.

Types of leaves (unpaid):

Can be received by an employee at any time upon written application. In this case, the employer, as a rule, evaluates the need to provide rest and has the right to refuse it. Typically, unpaid leave may be required in the event of death or illness of loved ones, housing problems, etc. Its provision cannot be denied to WWII participants, disabled people, persons getting married, etc.

All main types of leave are established by the legislation of the Russian Federation, violation of which by both the employer and the employee can be appealed in court.

Vacation is the release of an employee from work for a certain period of time.

General procedure its provision is regulated by the legislation of the country and the internal labor regulations of the organization. The guaranteed right of an employee to rest is enshrined in the Constitution of the Russian Federation and the Labor Code of the Russian Federation.

What kind of holidays are there?

The Labor Code of the Russian Federation provides for the following types of leave:

Provided to employees every year according to the vacation schedule. The next main rest, as a rule, lasts 28 calendar days. Some groups of employees are entitled to extended paid leave.

Provided in addition to the regular annual allowance for certain categories of employees.

This is the type additional rest, which is provided to employees who combine work and study on the basis of a summons certificate from an educational institution. It can be either paid or unpaid. Its duration depends on the purpose, form of training and level of the educational institution.

This is the release of an employee from performing his functional duties without pay, i.e., at his own expense. Provided at the request of the employee due to family circumstances or other valid reasons. Its duration is established by agreement between the employer and employee.

Provided to working women for the prenatal and postnatal period. Its duration is 140 calendar days. In the case of complicated births and multiple pregnancies, this period increases.

It is provided to the mother at the end of such type of rest as during pregnancy and childbirth, or to the father, other relative, or guardian who directly cares for the child until he reaches the age of 3 years.

For students of educational institutions, the legislation of the Russian Federation provides for this type of leave as. It can be provided to the student for medical reasons or for other reasons. good reason: in case of conscription military service, natural disaster, for family reasons, etc. The period of exemption from attending classes can range from six months to one year.

Every employee in an organization thinks about taking a vacation. Everyone knows that they have the right to an annual paid vacation.

But not everyone knows that there are several more vacations that can be used throughout certain period. They can be paid or unpaid.

In this article we will look at what types of vacations there are and when you can take advantage of them.

Several types of vacations.

- the period of time that is given to the employee for rest, while wage and his position is retained.

Vacations are paid by employers if they are not taken at their own expense.

It is stated in the Labor Code that every employee has the right to take advantage of the vacation by first writing a vacation application:

• without content;
• annual;
• maternity leave;
• additional;
• for child care.

Leaves vary in duration, are granted under certain conditions and are paid or unpaid.

Let's consider each type of recreation in more detail.

Paid annually

Vacation is guaranteed for every employee. For 12 months, the duration of rest is 28 days. Depending on the specific nature of the work, the duration may increase.

1. Teachers and staff educational institutions. The duration of rest ranges from 42 to 56 calendar days. The duration depends on the status and type of institution, as well as on its location;
2. Minor employees are entitled to 31 days;
3. Prosecutors, judges, scientists, civil servants can count on 30-48 days;
4. Rescuers – 30-40 days, depending on length of service;
5. Disabled people – 30 calendar days;
6. Workers in specific production rest from 49 to 56 days;
7. Doctors and candidates of science have the right not to go to work for 36 to 48 days.

All vacations are granted after careful preparation of documents. For vacation you must register:

• schedule according to the established form T-7;
• order on form T-6 or T-6a;
• calculation note drawn up according to the accepted form T-60.

Additional paid

Not everyone is entitled to additional leave.

For additional non-working days may apply:

• employees of harmful or dangerous production;
• workers employed on irregular work schedules;
• citizens working in the region and region, which is equivalent to the conditions of the Far North;
• medical workers in contact with biological materials, tubercle bacilli or HIV;
• workers in psychiatric clinics.

The duration of additional rest depends on the employee’s category and position.

For family doctors, leave is increased by three calendar days, up to 56 days for employees of the Northern region.

Leave without pay

Who is entitled to vacation at their own expense?

Every citizen has the right to take leave at his own expense, but good reasons will be required. Duration of rest in labor code not registered. It is established in contractual form between the employee and the head of the enterprise or company.

• disabled people are entitled to no more than 60 days during the year;
• for relatives of military personnel who died in the line of duty – up to 14 days;
• pensioners, leading labor activity– up to 14 days;
• When registering a marriage, funeral and birth of a child, up to 5 days are allowed.

During maternity leave, the position is retained.

At the birth of a child and for his care, special leave is provided.

Maternity leave is regulated by Art. 255 Labor Code of the Russian Federation. To confirm, the employee provides the HR department with a certificate from the clinic that she is pregnant. A certificate of incapacity for work is issued at week 30 for a singleton pregnancy, and at week 28 for a multiple pregnancy.

Payments are made by the state, and the employer provides rest periods during certain periods:

• 70 days before and after the birth of the baby;
• in case of difficult childbirth, the rest period increases to 86 days;
• in case of multiple pregnancy, 84 days are allocated before birth, and after the birth of children, 110 days are allocated for recovery.

Maternity leave is included in the length of service. The mother can work part-time while maintaining benefits.

Maternity leave can be taken out by a relative or a person who will care for the child.

This could be the father, grandmother, grandfather or guardians.

Leave is provided to pass the session.

Exemption from a position for the duration of study is prescribed in state legislation. Vacation can be divided into:

• paid;
• unpaid.

Let's take a closer look at each type of recreation:

• paid holiday.

When an employee leaves for study leave average wages remain the same. Rest is provided to the employee for studying at a university for:

1. The need to pass the session. In the 1st and 2nd courses they provide 40 days, in the following courses 50 days;
2. 4 months are allocated for the thesis.

An employee is studying at an institution with a status lower than a university; he is granted leave for the following period:

1. 30 days are allocated per session for the 1st and 2nd courses, 40 days for subsequent years;
2. Two months are allocated for the thesis.

When studying at school, 9 days are allocated, for exams 22 days;

• unpaid leave.

Exemption from work during study may be provided without pay, but workplace is saved.

For employees studying at the university:

1. 15 days are allocated for the entrance exams;
2. On defense thesis- 15 days;
3. For full-time study, 15 days are allocated per session and 4 months to receive a diploma.

For employees undergoing training in an educational institution of a lower class than the university, the following is provided:

1. 10 days for entrance exams;
2. When studying full-time, 10 days are allocated for passing the current session, and two months for the thesis.

Rules for granting paid leave

There is a procedure for granting leave.

The main criterion for the employee is that the vacation is paid and the position remains with him. To allocate additional leave, the employer checks the legality of providing such leave.

After verification, the employer notifies the employee about the vacation no earlier than two weeks in advance.

Procedure for granting leave:

• a leave order is issued;
• The employee reads and signs the document. If the employee disagrees with the order, a report is drawn up;
• the order is registered, vacation pay is calculated and issued to the employee;
• Leave data is recorded in the employee’s personal card.

Rules for granting leave without pay

An application is required to receive leave.

The decision to use leave at his own expense is made only by the employee. Design rule:

1. The employee writes an application for vacation at his own expense;
2. The employer checks the list of mandatory unpaid leave;
3. If an employee is on this list, he is granted leave. If the employee is not on the list, then the decision to release from work remains with the employer;
4. Once the leave is approved, its duration is decided. Article 128 of the Labor Code of the Russian Federation specifies the maximum time frame for providing rest. It is necessary to focus on these indicators to make a decision;
5. A leave order is drawn up;
6. The data is entered into a personal card.

The article looked at several different vacations. If possible, you can use not only annual paid leave, but also take additional one or at your own expense.

From this video you will learn about the types of vacations.

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