Who is entitled to additional paid leave in 2021

Who is entitled to

In addition to the minimum 28 days that are provided to all workers, some lucky ones are also given additional days. In Art. 116 of the Labor Code of the Russian Federation indicates categories of workers who can apply for a larger number of days. To summarize, this is:

Persons engaged in harmful or dangerous work, as well as those carrying out their labor activities in areas of the Far North or equivalent to them.
State, municipal employees and employees of the prosecutor's office, internal affairs department, investigative committee, etc.
Employees with irregular working hours.
Other employees due to internal regulations of the organization.

MY RIGHTS: HOW TO PROTECT YOUR RIGHTS

Employee's right to additional leave

In addition to the annual basic paid leave, in some cases the employer is obliged to provide the employee with additional paid leave:

annual additional paid leave;
additional paid leave not related to the terms of annual provision.

Labor legislation regulating the procedure for granting additional leave to an employee:

Article 173 “Guarantees and compensation for employees combining work with higher education in bachelor’s degree programs, specialty programs or master’s programs, and employees entering training in these educational programs” of the Labor Code of the Russian Federation (as amended on 02/05/2018);
Article 173.1 “Guarantees and compensations for employees combining work with higher education - training of highly qualified personnel, as well as employees admitted to seeking the academic degree of Candidate of Sciences or Doctor of Sciences” of the Labor Code of the Russian Federation (as amended on 02/05/2018);
Article 176 “Guarantees and compensations for employees receiving basic general education or secondary general education through part-time and part-time education” of the Labor Code of the Russian Federation (as amended on 02/05/2018);
Article 8 “Types of insurance coverage”, Article 17 “Rights and obligations of the policyholder” of the Federal Law of July 24, 1998 No. 125-FZ “On compulsory social insurance against industrial accidents and occupational diseases” (as amended on March 7, 2018 )

Types of annual additional paid leave

Annual additional paid leave depending on working conditions:

for working under harmful or dangerous working conditions;
for work related to the special nature of the work;
for work in the regions of the Far North and areas equivalent to them;
for working irregular hours
for work abroad in foreign institutions (representative offices) of the Russian Federation.

Annual additional paid leave depending on the category of employees:

athletes;
trainers;
medical workers;
veterinary and other workers involved in the provision of anti-tuberculosis care, as well as workers serving farm animals with tuberculosis;
workers who diagnose and treat HIV-infected people, workers whose work involves materials containing the human immunodeficiency virus;
workers involved in the provision of mental health care;
workers injured as a result of radiation disasters at the Chernobyl nuclear power plant, at the Mayak PA, and the Semipalatinsk test site, who served in special risk units;
rescuers of professional emergency rescue services and units;
employees included in the Russian Antarctic Expedition (including crew members of ships and aircraft);
air transport workers.

General procedure for providing annual additional paid leave

Annual additional paid leave according to working conditions and categories of employees:

the employer, in accordance with labor legislation, is obliged to provide annually;
the employer is obliged to notify the employee against signature of the start of annual additional paid leave 2 weeks before its start;
if the employer does not notify the employee about the start of annual additional paid leave within the specified period, the employer is obliged to postpone the leave to another period agreed with the employee;
transfer of annual additional paid leave to another period is possible with a written application from the employee;
when calculating the total duration of annual paid leave, additional leaves are summed up with the annual main paid leave;
if annual additional paid leave for all or some categories of employees is established not by law, but by a collective agreement/agreement or local regulations, the employer is obliged to provide the employee with such leave.

When does an employee have the right to additional annual paid leave?

The right to use annual additional paid leave:

for the first year of work arises for the employee after 6 months of continuous work with this employer;
by agreement of the parties, annual additional paid leave may be granted until the expiration of 6 months from the date of commencement of work.

The employer must provide the following employees with additional annual paid leave for the first year of work before the expiration of 6 months of continuous work:

for women - before maternity leave or immediately after it;
employees under the age of 18;
employees who have adopted a child (children) under the age of 3 months;
to a husband while his wife is on maternity leave;
for a part-time worker at a part-time place - annual additional leave is granted simultaneously with leave at the main place of work;
in other cases provided for by federal laws.

Annual additional paid leave for less than 6 months of work experience:

provided at the request of the employee;
if the annual basic paid leave is provided to the employee in advance, the annual additional paid leave is provided to the employee in proportion to the time worked by him in the relevant conditions.

Annual additional paid leave for the 2nd and subsequent years:

provided in accordance with the priority determined by the vacation schedule at any time of the working year;
if the vacation schedule indicates the start date of such vacation, the employee’s application for its provision is not required;
Some employees are granted additional annual paid leave at their request at a time convenient for them.

Payment of annual additional paid leave

Payment of annual additional paid leave:

must be made 3 days before it starts;
the employer is obliged to postpone the annual additional paid leave to another period agreed with the employee if the leave was not paid on time;
A written application from the employee is required to transfer unpaid annual additional paid leave to another period.

The procedure for providing annual additional paid leave for work with harmful and (or) dangerous working conditions

The employer is obliged to provide annual additional paid leave for work in hazardous working conditions if the following conditions are met:

working conditions are recognized as harmful as a result of a special assessment of working conditions;
the harmfulness of working conditions in the workplace is determined to be 2, 3 or 4 degrees, or the working conditions are recognized as dangerous;
The length of service that gives the right to additional annual paid leave includes time actually worked in harmful/dangerous working conditions.

Duration of annual additional paid leave for this category of workers:

the minimum duration of annual additional paid leave is 7 calendar days;
the specific duration of the annual additional paid leave of each employee is established by the employment contract on the basis of an industry (inter-industry) agreement and a collective agreement;
part of the annual additional paid leave exceeding 7 calendar days can be replaced by separately established monetary compensation, subject to the following procedure:
availability of a written application (consent) of the employee to replace annual additional paid leave with monetary compensation;
the condition for replacing annual additional paid leave with monetary compensation is provided for in an industry agreement or collective agreement.

The procedure for granting annual additional paid leave for the special nature of work

Annual additional paid leave is provided to employees of this category if the following conditions are simultaneously met:

the work (position) of the person who is granted additional leave is included in the list of categories of workers determined by the Government of the Russian Federation,
the minimum duration of additional leave is determined by the Government of the Russian Federation.

The conditions for providing annual additional paid leave are determined by the Government of the Russian Federation.

The procedure for granting annual additional paid leave for irregular working hours

Annual additional paid leave for irregular working hours is provided subject to the following conditions:

The employee’s position is included in the list of employees who have irregular working hours:
Appendix to the Internal Labor Regulations;

The minimum duration of vacation is 3 calendar days.

The specific duration of the annual additional paid leave is established in the internal labor regulations and the collective agreement.

The employer is obliged to provide annual additional paid leave:

regardless of whether the employee was involved in working irregular hours or not.

The procedure for providing annual additional paid leave for work in the Far North

Annual additional paid leave established for work in the Far North is provided to employees after 6 months of work with the employer.

The duration of annual additional paid leave is:

District category	Duration of annual additional paid leave
Regions of the Far North	24 calendar days
Areas equated to regions of the Far North	16 calendar days
Other regions of the North, where the regional coefficient and percentage premium are established	8 calendar days

Article 321 “Annual additional paid leave” of the Labor Code of the Russian Federation (as amended on 02/05/2018); Article 14 “Additional leave” of the Law of the Russian Federation of February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the Far North and equivalent areas” (as amended on March 7, 2018)

The procedure for providing annual additional paid leave for this category of employees:

the employee works in the regions of the Far North, in areas equated to the regions of the Far North or areas where regional coefficients and percentage bonuses are established;

Article 321 “Annual additional paid leave” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

the employer compensates for the cost of travel and baggage transportation to the place of vacation use and back once every 2 years;

Article 325 “Compensation for the cost of travel and baggage to the place of use of vacation and back” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

the employer provides the employee with unpaid leave for travel to and from the place where the leave is used;

Part 3 of Article 322 “Procedure for granting and combining annual paid leave” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

the total duration of annual paid leave when summing up all types of leave does not exceed 6 months, including the time of unpaid leave necessary for travel to the place of use of the leave and back.

Part 3 of Article 322 “Procedure for granting and combining annual paid leave” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

Full or partial combination of annual paid leave for persons working in the Far North and equivalent areas is allowed for no more than 2 years.

The procedure for granting annual additional paid leave for work in foreign institutions (representative offices) of the Russian Federation

The employer is obliged to provide annual additional paid leave if one of the following conditions exists in the host country:

severe climatic conditions
unfavorable environmental and (or) epidemiological situation;
military actions, armed conflicts;
unstable socio-political situation, including terrorist activities;
high crime rate.

Decree of the Government of the Russian Federation dated April 21, 2010 No. 258 (as amended on March 25, 2013) “On the minimum duration of annual additional paid leave and on the conditions for their provision to employees of representative offices of the Russian Federation abroad” approved the list of states for work in which an employee is granted an annual additional paid leave.

Minimum duration of annual additional paid leave:

is 3 calendar days.

Specific duration of annual additional paid leave:

depending on the country of residence, it is determined by order of the Russian Ministry of Foreign Affairs.

Order of the Ministry of Foreign Affairs of Russia dated 08.08.2011 N 14299 “On the duration of annual additional paid leave provided to employees working in countries included in the list of countries with special (including climatic) conditions entitling employees of representative offices of the Russian Federation abroad to annual additional paid leave ", approved. By Decree of the Government of the Russian Federation of April 21, 2010 No. 258 (as amended on March 13, 2014)

The procedure for providing annual additional paid leave to athletes and coaches

Minimum duration of annual additional paid leave:

is 4 calendar days.

Specific duration of annual additional paid leave:

determined by a collective agreement, local regulations, or employment contract.

Article 348.10 “Additional guarantees and compensation for athletes and coaches” of the Labor Code of the Russian Federation (as amended on 02/05/2018)

The procedure for providing annual additional paid leave to certain categories of medical workers

The employer is obliged to provide annual additional paid leave if the following conditions are met:

continuous work as a medical worker;
The position (profession) of the employee is included in the list, approved. Decrees of the Government of the Russian Federation dated 06/06/2013 No. 482, dated 12/30/1998 No. 1588, dated 04/03/1996 No. 391.

Decree of the Government of the Russian Federation dated 06.06.2013 No. 482 “On the duration of annual additional paid leave for work with harmful and (or) dangerous working conditions provided to certain categories of employees” (as amended on 06.23.2014); Decree of the Government of the Russian Federation of December 30, 1998 No. 1588 “On establishing for general practitioners (family doctors) and nurses of general practitioners (family doctors) an annual additional paid 3-day leave for continuous work in these positions”; Decree of the Government of the Russian Federation dated 04/03/1996 No. 391 “On the procedure for providing benefits to employees at risk of contracting the human immunodeficiency virus while performing their official duties”

The duration of annual additional paid leave depends on:

from work experience,
type of activity,
position being filled and
established by resolutions of the Government of the Russian Federation dated 06/06/2013 No. 482, dated 12/30/1998 No. 1588, dated 04/03/1996 No. 391.

The procedure for providing annual additional paid leave:

veterinary workers;
workers involved in the provision of anti-tuberculosis care;
workers who diagnose and treat HIV-infected people;
workers involved in the provision of mental health care.

Annual additional paid leave is provided to these categories of employees subject to the following conditions:

The position (profession) of the employee is included in the list, approved. Decree of the State Committee for Labor of the USSR, Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, Decree of the Government of the Russian Federation dated June 6, 2013 No. 482;
The duration of the annual additional paid leave, depending on the type of activity and the position being filled, is established by Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, and Decree of the Government of the Russian Federation dated June 6, 2013 No. 482.

The procedure for providing annual additional paid leave to employees affected by radiation disasters

The employer is obliged to provide annual additional paid leave to the following employees:

persons who have received or have suffered radiation sickness, other diseases, and disabled people as a result of a disaster - for a duration of 14 calendar days;
permanently residing (working) in the territory of the zone of residence with socio-economic status - duration 7 calendar days.

clause 5, part 1 of Article 14 “Compensation for harm and measures of social support for citizens who received or suffered radiation sickness, other diseases, and disabled people as a result of the Chernobyl disaster”, clause 4, part 1 of Article 19 “Compensation for harm and measures of social support for citizens, permanently residing (working) in the territory of the residence zone with a preferential socio-economic status" Law of the Russian Federation dated 05/15/1991 No. 1244-1 "On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant" (as amended on 03/07/2018 )

Payment of annual additional paid leave is made:

at the expense of federal budget funds in the amount of the employee’s average earnings;
the employer is obliged to provide the employee with a certificate of average earnings.

The procedure for providing annual additional paid leave to rescuers of professional rescue teams

The employer is obliged to provide annual additional paid leave to the rescuer in the following order:

1 day of annual additional paid leave for 24 hours of emergency rescue work,
The maximum duration of vacation is no more than 15 days.

Clause 6 of Article 28 “Regimen of work (service) and rest of rescuers” of the Federal Law of August 22, 1995 No. 151-FZ “On emergency rescue services and the status of rescuers” (as amended on January 16, 2018)

The procedure for providing annual additional paid leave to members of the Russian Antarctic Expedition

The duration of annual additional paid leave for this category of employees is:

44 calendar days.

Clause 12 of Article 5 “Organization of activities in Antarctica in the interests of the Russian Federation” of Federal Law dated 06/05/2012 No. 50-FZ “On regulation of the activities of Russian citizens and Russian legal entities in Antarctica”

The procedure for providing annual additional paid leave to air transport workers

Annual additional paid leave is provided to employees of that category if the following conditions are met:

work (position) is included in the list, approved. by order of the USSR MGA dated March 13, 1986 No. 50;
the duration of additional leave depends on the flight hours;
a part-time worker has the right to annual additional paid leave without any exceptions, not only in cases where leave is granted depending on the conditions of his work, but also when such leave is granted depending on the category of workers to which the part-time worker belongs.

Order of the USSR Ministry of Civil Aviation dated March 13, 1986 No. 50 “On the reissue of the Rules for the provision of additional leave to civil aviation employees for work under special conditions” (as amended on January 30, 2013)

If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

RIGHT TO HOLIDAY

How to apply

It can be provided either in conjunction with the main rest period or separately from it.

To receive the coveted days, you must contact your employer in writing. The form of appeal may be free, but may be established by the accounting policy of the organization. In the first case, you can use a suitable sample from those we offer below. In the second - in the established form, it is provided by the HR department.

After this, you will need to issue an order indicating the period of work for which the employee is granted additional vacation days. It is mandatory for the employee to be familiar with this order.

In addition, it is required to enter the data from the order into the T-2 card.

What is additional leave? How is its duration determined?

Annual additional leave is provided along with the main paid leave after six months of work in the current position.

The minimum duration of such leave is 7 days, the maximum is not defined by law. Its specific duration is determined by the method of assessing working conditions and certifying workplaces .

If the assessment of working conditions is carried out through certification of workplaces, then the determination of the duration of leave is carried out on the basis of the Resolution of the State Committee for Labor of the USSR, but only in cases where its provisions do not contradict the Labor Code of the Russian Federation.

If this document does not indicate the required profession, then the duration of the vacation is established independently, by local regulations, but not less than the established standards and taking into account the specifics of working conditions.

If a special assessment of working conditions is made, then the duration of additional leave for each employee is determined by the employer independently, on the basis of industry agreements.

This value must be fixed in both collective and individual labor contracts.

Additional leave for employees whose work is associated with negative working conditions lasts in direct proportion to the time actually worked in such conditions.

employees with irregular work schedules have an additional rest period of at least 3 calendar days;
residents of the Far North - 24 days;
areas equivalent to it - 16 days;
other regions of the North - at least 8 days.

Compensation for unused portion

Cash compensation can only be received for those days that exceed the basic 28. Such replacement is carried out at the request of the employee. To do this, you will also need to submit an application for compensation for unused vacation days.

If such an appeal came from a pregnant woman, a minor, working long hours or in hazardous work, then the request must be refused with reference to Part 3 of Art. 126 Labor Code of the Russian Federation. These categories of employees are not entitled to replace rest with cash payments.

Additional leave for doctors

In accordance with Art. 350 of the Labor Code of the Russian Federation EDOO is prescribed for doctors. The Government of the Russian Federation establishes the duration of such rest - Resolution No. 482 dated 06/06/2013.

So, additional leave is provided by:

psychiatrists, medical staff and other personnel who provide psychiatric care in accordance with Art. 22 of the Law of the Russian Federation of July 2, 1992 No. 3185-1. They can apply for EDOO lasting 14-35 days (Resolution of the Government of the Russian Federation dated 06.06.2013 No. 482);
doctors, veterinarians and health workers who provide anti-tuberculosis care in accordance with Art. 15 Federal Law of June 18, 2001 No. 77-FZ. This category has the right to additional rest in the amount of 14 - 21 days ;
3 days of vacation for continuous experience of more than 3 years (Resolution of the Government of the Russian Federation of December 30, 1998 No. 1588).

changes to additional leave for medical workers due to coronavirus in 2021 .

You can choose money

The main one must be taken off in full, and the second type of vacation can be replaced with money. Yes, many take so-called compensation - money instead of actual vacation. If the main rest period exceeds the minimum threshold of 28 days, then “extra” days can be taken in cash. The same applies to additional rest - everything that is above the minimum established by law can be received in the form of compensation.

The rule has exceptions. Additional leave for harmful workers and those employed in hazardous industries cannot be completely replaced with money. You need to take seven days off, but days (if any) exceeding these seven days can be replaced with money.

Pregnant women and minors are two other categories who are required to take all the time off that they are entitled to by law. Unless we are talking about dismissal, in which any employees have the right to receive compensation in money.

Who is entitled to additional paid leave in 2021?