Long rest for teachers, summer and winter holidays are one of the advantages of the teaching field. Employees of schools and other educational institutions have the right to issue it during other periods, but so that the absence of a teacher does not affect the educational process, most employees choose vacation time for this purpose. A less intense summer schedule (and a different vacation period) allows teachers to go on an annual paid vacation without entrusting students to other specialists.
Labor Code of the Russian Federation Article 335 long leave of teaching staff up to 1 year
Art. 335 regulates a year's rest for teachers in each 10-year period of continuous work. The registration procedure is determined by the local executive authority (Ministry of Education), while guaranteeing the employee:
- safety of the teacher’s workplace after the expiration of the rest period;
- the presence of the same hourly workload for the teacher (in the absence of innovations at the legislative level);
- fulfillment of labor obligations in the same territory and in the same institution (transfer of an employee is possible only with his consent or upon liquidation of the company);
- adding to the annual period the number of days in the presence of sick leave (for being on sick leave), or days of rest are transferred to the nearest future;
- provision of a year's vacation when caring for a sick family member by an employee (the rest period does not increase or decrease).
How many days of vacation do teachers have?
In 334 Art. The Labor Code of the Russian Federation specifies the amount of possible rest for educators and teachers - 42-56 days; the specific number of days is determined at each enterprise individually, depending on many factors (type of educational institution, position). School teachers usually rest for 56 days, educators - 42.
Submission procedure
There are several features of granting long leave to teaching staff that have a legislative basis:
- A teacher, counselor, teacher, head nurse, director and their deputies of educational institutions and schools, primary and secondary vocational education, teaching staff of universities and some other educational institutions are entitled to a 56-day vacation.
- Head, deputy, teacher, music director and some other members of the staff of preschool educational institutions and other preschool education organizations - 42 days.
- If the position contains the words “senior” and “chief”, the employee is also entitled to extended vacations.
The minimum amount in one educational institution for a teacher is 150 working hours. If the output is less, then an employee of a teaching organization does not have the right to extended vacations and is assigned a 28-day vacation. The full list of employees who have the opportunity to apply for long-term leave is regulated by Russian Federation Decrees No. 724 and No. 1052.
Regulations on long-term leave of teaching staff
The procedure for calculating vacation days is regulated and establishes the following:
- Long vacations for up to 12 months are provided to employees of educational institutions controlled by the Ministry of Education.
- Art. 55 provides for at least one long rest every 10 years of teaching employment (not necessarily at one place of work, including work in other pedagogical state institutions).
- The length of service of a teacher is determined by analyzing entries in the work book or if other documentation is available.
- The calculation of teaching experience is carried out by the directorate and the trade union body and includes: the actual period worked; the period when in fact the employee did not work, but he had a position; time for advanced training or training.
- Long-term leave can be granted at any time in agreement with management. Extrabudgetary payments are made in accordance with the organization's charter.
- Leave is granted to the teaching staff upon proper completion of documentation for this purpose: application, order. For senior employees (managers), leave is issued by the Ministry of Education.
Sabbatical leave for teachers - procedure for granting
To avoid legal violations, sending an employee on long leave is treated with special care. The registration procedure is as follows:
- The basis for granting long leave is.
- The organization to which the employee is subordinate draws up an administrative act.
- The personnel and accounting department, the trade union fund and, in some cases, the Ministry of Education, calculate and approve a teacher’s 10 years of experience. If he was employed in one place, there should be no problems. If a teaching employee has undergone training over the past 10 years and has changed several jobs, then to document the length of service, you will need several extracts, which may already be in his file at his last place of work.
- Accruals to the teaching staff are made on the basis of a collective agreement, at the expense of funds received from the main field of activity of the organization.
- The dispatch of a teacher or educator is approved - .
Order
Approval of any pedagogical decisions of each organization is made using an order. The basis for considering the issue of vacation for a teacher, educator or other person is his handwritten application.
Consideration of the application of a teaching employee takes place in accordance with the regulations of the enterprise and the statutory rules adopted therein. If the institution does not incur significant losses when sending an employee on long leave, then the issue is considered by the head, a specialist in the HR and accounting departments, and a decision is made in the form of an order.
Vacation is, allocated by law and the employer, rest time that is provided for performing daily work functions or as a result of the occurrence of certain socially significant events.
The right to rest is a basic principle of labor law, and any employee, subject to specific conditions, can use it, regardless of what organization he works for and what position he holds. No one has the right to deprive people of rest, either as punishment, sanctions, or as manipulation.
First of all, vacation is a legal concept that is regulated by Chapter 19 of the Labor Code of the Russian Federation. Its legal nature may be different and, as a result, the following are distinguished:
- Annual paid basic leave.
- according to profession, specialization, schedule and working conditions (-119 Labor Code of the Russian Federation).
All these legal categories of leave differ from each other primarily in the grounds for their provision. Annual and additional leave is rest that is due for the performance of official functions.
Social or unpaid holiday associated with the occurrence of certain legal facts and events, which free a person from performing labor functions for some time.
We can say that these are special valid reasons that allow you to take a long vacation.
Annual paid leave – the main type of vacation claimed by an employee who has worked for six months in the organization according to Art. 122 Labor Code of the Russian Federation.
Previously, the employee did not have the right to use it, with the exception of certain categories of workers, because otherwise it would already be a social type of recreation.
You can take it at your own request(for personal reasons) regardless of the time worked in this position, that is, virtually on any day. For this it is necessary.
The main condition is the employee must work for the organization for six months and it does not matter how much he worked in the previous institution, since he has the right to legal rest only if he worked in this institution.
How to calculate the length of service that gives you the right to annual leave.
Another important condition is official employment under (or unlimited) government contract. Thus, these are important conditions for the provision of annual leave, which entitle the employee to take advantage of it. You will find out more detailed information about taking leave under a fixed-term contract in the following.
The order of granting vacations in the organization is determined by management, who, in agreement with the trade union (if any), draws up.
According to this document, the employee will go on vacation according to the order of priority, which he must do in advance 2 weeks before it starts in accordance with Art. 123 Labor Code of the Russian Federation.
Only certain categories of workers (pregnant women, minors, etc.) can violate this order, and otherwise the approved schedule is binding for everyone. This is the main reason for going on another vacation.
Additional leaves and their duration are related to the very specifics of work, profession, status of workers, etc., which is regulated by collective agreements, internal labor regulations (ILR), and acts of the Government of the Russian Federation.
For example, such employees include teachers, doctors, nurses, workers working in the Far North etc.
The basis for social and other types of rest is a personal application from the employee addressed to the boss indicating the required periods of absence from work due to a socially significant reason (death of a relative, wedding, pregnancy, etc.) in accordance with Art. 122 Labor Code of the Russian Federation.
Basic rules for providing rest to employees
After what period is the next paid leave granted? regulated as Chapter 19 of the Labor Code of the Russian Federation and other legal acts, as well as LNA (PVTR, regulations, vacation schedule). How many times a year can I take it?
Labor leave ideally should be provided once a year, which is why its main name is “annual”. The right to rest is the opportunity to take time off for a certain period of time, guaranteed by law and the LNA.
Guarantees for the implementation of the right to annual paid leave are regulated in Art. 114 of the Labor Code of the Russian Federation, as well as in various LNAs, employment contracts. After how many months is the next vacation due? In short, it can be said that annual basic paid leave is provided to employees according to the following rules and conditions:
Paid leave must be provided to the employee with continuous work in the organization for 6 months. This period includes time off at your own expense for a period of no more than 2 weeks, missed days in case of illegal dismissal, suspension, etc.
The current priority according to the vacation schedule, in accordance with Art. 123 Labor Code of the Russian Federation. When drawing up a schedule, many aspects are taken into account: specifics of positions and activities of the organization itself, as well as the wishes of employees, therefore, taking initiative and expressing their opinions is in no way prohibited.
The employment contract signed by the parties, PVTR, Regulations, and various other LNAs contain special clauses on the right of employees to such leave, which also regulates all the rules and detailed aspects of its provision, which should not contradict Chapter 19 of the Labor Code of the Russian Federation. An employee can also take vacation in advance; this is discussed in detail in this article.
Now you have an idea of how the procedure for granting annual basic paid leave works. Let's move on to the next point regarding the duration of rest.
How many days does it last?
How many days of vacation are required?
First of all, it is worth noting that the period of annual leave with preservation of wages, depends on the specifics of the profession itself, work schedule, and especially if it is not standardized, working conditions, etc.
If an employee is entitled to additional leave, then, according to the general rules, his calendar days are simply added to the total annual leave.
For example, if an employee is on basic leave for 28 days, and he is supposed to rest for another 10 days, then in the end he will be off for 38 days.
As for time off at your own expense, they duration is set by the employee in agreement with management, that is, it can be absolutely any time frame.
The employee begins to rest according to the vacation schedule, in the order of his priority. In such schedules, the calendar days of vacation of the organization’s employees are accurately scheduled.
The Labor Code of the Russian Federation also provides for the opportunity to go on annual leave in agreement with the head of the organization before the expiration of a 6-month period of work in the organization.
First of all, this right can be exercised by:
- The employees are in trouble.
- Employees who adopted a child less than 3 months old.
IMPORTANT! Workers who raise and financially support a disabled child until he comes of age have the right to take annual leave at any time convenient for them according to Art. 262.1 Labor Code of the Russian Federation.
Registration procedure
Annual leave is a complex legal category in labor law.
If management is involved in drawing up vacation schedules, then it must take into account the wishes of employees, and in this case, each employee submits an application addressed to the manager about the planned rest time for the next year.
Management is not obliged to accurately reflect all wishes in the schedule., since there are often many employees, and June-July-August are the most popular periods.
Schedules are usually drawn up according to the unified form No. T-7 and mandatory 2 weeks before the start of the next calendar year. After approval of the document, all employees must be notified, against signature, of the exact dates of rest in accordance with Art. 123 Labor Code of the Russian Federation.
Maximum notice period – 14 days before the start of the holiday. Information must be provided in writing and in free form, since violation of the deadlines and procedures for drawing up schedules and notifications entails the invalidity of such documents, which is established by the court. In this case, it is especially important to act in accordance with the norms of the Labor Code of the Russian Federation.
After notifying employees, management issues the appropriate Order in Form T-6 or T-6a on the final approval of vacations, and then a calculation note (Form T-60) is drawn up, which is provided to the employee, which precisely indicates the calendar days and the detailed procedure for paying for vacations. The actual days of rest are already recorded in the accounting sheet (form T-12, T-13).
If a person has been working for the first year in an organization or these are the exceptional cases listed above, then he writes an application addressed to the manager with a request to grant him basic leave indicating approximate calendar days of rest. The period of time off is agreed upon with management Read about the basic rules for taking your first vacation in the following section.
After consideration and acceptance of the application, an order is issued to approve the vacation, which precisely indicates the period of rest, and then another order is drawn up to amend the vacation schedule. As for arranging holidays for part-time workers, you will find out this.
If you are planning to vacation abroad, then to obtain visas you will need a vacation certificate, what is it and how to get it.
How to calculate payment?
How is vacation calculated?
Annual leave is always paid by management.
The form and procedure of calculations does not present any difficulties for accounting, since all this is carried out according to a certain formula.
First you need to calculate avg. d/z. It will look like this: the payroll period (p/p), which is essentially the accrued salary for the previous 12 months, is divided by 12 months, and then by the number 29.3. The number 29.3 is the basis of accounting calculation, which is the arithmetic average of the calendar month. The formula will roughly look like this:
Wed. d/z = billing period/12 months/29.3; vacation pay = Average salary multiplied by the number of calendar days. For example, an employee has 28 calendar days of vacation, and his salary for the pay period is 800,000 rubles.
IMPORTANT! the amount of payment for sick leave, vacation, business trips, time off at your own expense or due to the fault of management is not included in the r/p.
It's a good idea to have an understanding of taxation. Find out what contributions the vacation is subject to.
You will learn how to correctly calculate vacation pay in the following video:
Compensation for missed days
Employer's obligation
The manager is obliged to provide annual leave, based on the schedule and application of the employee, whose work period in this institution has already been six months.
Otherwise, a refusal will follow. Besides management cannot refuse an employee if an application for social leave is submitted(for socially significant reasons).
The boss may refuse to grant time off at his own expense., if it considers that the employee has unjustified reasons for doing so. However, certain categories of employees cannot be refused according to Art. 128 Labor Code of the Russian Federation. About what to do if the employer does not allow you to go on vacation.
Can an employee refuse to take a vacation?
When a vacation schedule is drawn up, its approved priority is mandatory for all employees. Accordingly, the employee cannot voluntarily refuse it, since this is a violation of the PVTR and other LNA.
However according to Article 124 of the Labor Code of the Russian Federation, in certain cases it is possible to extend or postpone the holiday, but this is acceptable in the following cases:
- if the employee is sick, during vacation, he has the right, upon personal application, to extend it or postpone it for a certain period of time;
- if the employee performed state holiday debt;
- other situations.
About what documents are needed to transfer a vacation. In case of violation of the rules for drawing up a vacation schedule and notifying employees later than 2 weeks before its start, or incomplete payment of vacation pay, the employee has the right to write a statement demanding its transfer to another period of time.
An exception is also cases when the specifics of the organization’s activities greatly limit the employee’s long-term absence from the workplace, and in this case the vacation is postponed to another period of time.
Strenuous work without rest is prohibited, if an employee has not taken vacation for three years, this will result in sanctions from his superiors. Failure to provide annual paid leave is prohibited! About how to use the accumulated .
REFERENCE. Rest according to Art. 125 of the Labor Code of the Russian Federation can be divided into parts, one of which must be at least 2 weeks.
In conclusion, it must be said that vacation as a legal concept is quite multifaceted, and the law allows for different situations that an employee may encounter. All employees are entitled to leave, subject to certain conditions.
The main thing in any case is to understand the situation itself in order to understand what rules of law are applicable. In order to protect their rights from arbitrariness, an employee can always go to court or the labor inspectorate in his city.
1.1. This Regulation establishes the procedure and conditions for granting long leave for a period of up to one year to teaching staff in accordance with clause 5 of Art. 55, paragraph 5 of Art. 47 Federal Law "On Education in the Russian Federation" dated December 29, 2012 N 273-FZ.
1.2. This Regulation applies to employees of [name of educational institution].
1.3. Teaching staff of an educational institution have the right to a long leave of up to one year (hereinafter referred to as long leave) at least every 10 years of continuous teaching work.
1.4. The experience of continuous teaching work, which gives the right to a long vacation, includes the time spent working in state, municipal educational institutions and non-state educational institutions that have state accreditation, in positions and under the conditions provided for in the annex to the Regulations on the procedure and conditions for providing teaching staff of educational institutions long vacation for a period of up to one year, approved. by order of the Ministry of Education of the Russian Federation of December 7, 2000 N 3570.
2. Experience giving the right to long leave
2.1. The length of continuous teaching work that gives the right to long leave includes:
Actual time worked;
The time when the teacher did not actually work, but he retained his place of work (position) and salary in full or in part (including the time of paid forced absence in the event of improper dismissal or transfer to another job and subsequent reinstatement);
The time when a teaching employee underwent practical training in paid teaching positions during the period of study in educational institutions of secondary and higher vocational education, graduate school and doctoral studies;
The time when the teaching worker did not actually work, but he retained his place of work (position), and he received state social insurance benefits, with the exception of the time when the teaching worker was on partially paid leave and received child care benefits until he reaches age one and a half years.
3. Procedure and conditions for granting long vacations
3.1. The basis for granting a long leave is a written application from the employee, which he submits to the administration of the educational institution no less than [period] before the start of the leave.
In the application, the employee indicates the duration, start date and end date of the required leave.
The administration of the educational institution is obliged to consider the received application and make a decision on granting leave within [period] from the date of receipt of the employee’s application.
By agreement of the parties, the time of going on vacation can be changed.
Long-term leave for the rector, director, head of an educational institution, head of an educational institution is formalized by order of the Ministry of Education of Russia.
3.2. The provision of long-term leave is formalized by order of the head of the educational institution.
3.3. While a teaching worker is on long-term leave, the head of the institution has the right to hire another specialist in his place by concluding a fixed-term employment contract with him.
3.4. When granting long leave, the following circumstances are taken into account:
The employee's health status;
Personal and family circumstances of the employee;
Opportunities of the educational institution;
The need to carry out the educational process.
3.5. If several applications for long-term leave are received, the educational institution draws up a schedule for granting long-term leaves. At the same time, no more than [number] of teaching staff of an educational institution may be on long-term leave. If labor resources are available, the educational institution may determine a different quantitative composition.
3.6. The schedule of long-term vacations is agreed upon with the founder of the educational institution no later than [period] before its start.
3.7. The duration of leave, the procedure for recall from leave and termination of leave at will in each specific case is determined by agreement between the employee and the administration of the educational institution. If a worker wishes to interrupt a long vacation, he/she shall notify the administration of the educational institution by application no less than [period].
If his position is replaced by another employee hired under a fixed-term employment contract, the issue of terminating the employee’s long-term leave is resolved with the consent of the temporary employee to the early termination of the fixed-term employment contract.
3.8. For a teaching worker who falls ill while on long-term leave, the long-term leave is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, in agreement with the administration of the educational institution, is postponed to another period.
3.9. Long leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time.
4. Long-term vacation pay
4.1. Long leaves are provided without pay from the budgetary wage fund of the educational institution.
4.2. Long-term vacations are paid for from extra-budgetary funds of the educational institution, if available.
4.3. The decision to pay for vacation at the expense of extra-budgetary funds of the educational institution is made by [name of the governing body in accordance with the Charter of the institution], and in relation to the head of the educational institution - additionally in agreement with the founder.
4.4. The administration of an educational institution is given the right, if it has its own or borrowed funds, to provide financial assistance to a teaching employee when going on vacation.
5. Guarantees for teaching staff when on long-term leave
5.1. A teaching worker on long-term leave is retained his place of work (position) in accordance with the established procedure.
5.2. A teaching worker on long-term leave retains his teaching load in accordance with the established procedure, provided that during this time the number of hours in the curriculum and programs or the number of educational groups (classes) has not decreased.
5.3. During a long vacation, the transfer of a teaching employee to another job, as well as his dismissal at the initiative of the administration, is not allowed, with the exception of the complete liquidation of the educational institution.
6. Final provisions
6.1. All disputes related to the procedure and conditions for granting long leave to teaching staff are considered in accordance with these Regulations in the labor dispute commission of the educational institution, as well as in court.