Existing legislation establishes a standard rest period of 28 days. Typically, different periods are added to this base value. The time may increase due to length of service or the danger and harmfulness of the work.

The specific nature of the activities of medical workers gives them the right to receive an additional vacation period. Such holidays are regulated by a special government decree. Moreover, in this regard, medical organizations Local regulations may be adopted.

Internal regulations are important. After all, they are an agreement between the team and the employer. Therefore, you should pay special attention to them.

Internal regulations may establish the procedure for providing rest time and paying money for a specified period.

Which healthcare workers are entitled to additional leave?

Additional leave for health workers for hazardous working conditions 2018 – list of professions

A reason like harmful working conditions, gives the right to increase the rest period by one week . However, the reason for increasing the duration is special assessment of working conditions . From January 1, 2014, it is mandatory at every enterprise or organization.

If, as a result of this assessment, it is determined that the work and factors associated with it have a harmful effect on a person, it is recognized as dangerous. Consequently, such employees are provided with additional time for harmful working conditions of at least 7 days. In relation to medical specialties, the following should be noted:

• Providing medical phthisiological care. All medical staff, involved in anti-tuberculosis treatment has the right to an additional period;
• Workers who perform x-ray examinations;
• Doctors and personnel who work with hazardous biological objects.

An assessment of working conditions can reveal a degree of harm from 1 to 4. Accordingly, the duration may increase for a longer period than 7 days.

Additional information on the list of professions with hazardous working conditions can be found in this article.

Rules for granting additional leave to health workers

To receive the specified vacation time, a doctor or medical worker must write a corresponding application for representation annual holiday. This statement should reflect the request to provide not only the main part, but also the additional one.

It is possible to split the rest. The first part of it may include only the main period, and the second part – time for harmful working conditions.

Calculation of additional leave for health workers

Calculation and payment are carried out on the basis of documents. This is a leave application, the results of a job hazard assessment and a collective labor agreement.

All employees listed above are entitled to 7 days. And in a number of cases, which have also already been described, longer vacations are provided.

Order on additional leave for harmful working conditions of health workers

Calculation and payment occur on the basis of management orders. It is the order that is the basis for the actual provision of rest, as well as its calculation and payment transfer.

All orders are registered and subject to accounting. The order contains information about the date from which the employee will receive rest time and how long this period will be.

Besides, prerequisite is an indication in the order of the need to make payments to the employee. Only in this case will the accounting department have grounds for accruing funds.

Additional leave Medical workers are entitled to it due to the specific nature of their work, which is often associated with exposure to harmful factors or working in irregular hours. The range of subjects, the duration of rest time, as well as the procedure for granting leave will be discussed below.

Vacation for doctors - how many days?

At the same time, the Labor Code of the Russian Federation does not allocate medical workers to separate category workers (on such a basis as type of activity) who are entitled to annual basic paid leave of a greater duration than established by Part 1 of Art. 115 Labor Code of the Russian Federation.

Note! The annual basic paid leave of a health worker may be longer than 28 days. This is possible if the medical worker belongs to other categories of workers who are entitled to such longer leave. For example, if a worker has not reached the age of 18, then his annual basic paid leave will be at least 31 calendar days (Article 267 of the Labor Code of the Russian Federation), etc.

Besides, total duration Paid annual leave for doctors in practice is usually much more than 28 calendar days - due to the provision of additional leaves required by law. We will consider this issue in more detail below.

Health workers entitled to additional leave

The Labor Code of the Russian Federation specifies several types of additional leave, and the criterion is not profession, but other factors, in particular:

• harmful working conditions (Article 117);
• implementation of the labor function in the Far North and in areas equivalent to it (Article 321);
• Irregular work (Article 119).

Accordingly, the law does not contain special provisions on additional rest for medical workers, as a result of which they have the right to claim the use of the privilege if their work falls under General terms the provisions stated above.

Mostly, additional leave is provided to health workers due to the harmfulness of their work, which may involve interacting with terminally ill patients, working with chemicals and other factors that can lead to health problems for the employee.

NOTE! The presence or absence of harmful conditions affecting employees is determined based on the results of a special assessment procedure (until 2013, workplace certification). The results of the audit, which showed a change in conditions, are reflected in the personnel employment contracts.

IMPORTANT! The right to additional leave arises only when the harmfulness of work of the 2-4th degree is established.

Since the results of the certification carried out before the amendments are retained for 5 years, health workers working in hazardous conditions of the 1st degree are not deprived of the right to additional days of vacation until the next special assessment.

Another reason for obtaining the opportunity to rest additionally is the frequent establishment of an irregular work schedule for persons performing labor functions in the field of medicine, which is due to the need to attract them outside the established boundaries of the working day.

Duration of additional leave for medical workers, possibility of compensation

The minimum period of additional rest time for a particular health worker depends on the grounds giving the right to use it.

Note! Health workers whose work is irregular have the right to count on at least 3 days of such leave, and hazardous work gives the right to 7 days.

An increase in this period is possible by fixing a different period by the employer at the local level or on the basis of special by-laws.

For example, Government Decree No. 1588 of December 30, 1998 grants the right to additional leave (3 days) to general practitioners and nurses working with them, subject to continuous experience of more than 3 years.

Note! The duration of the additional vacation is added to the duration of the main one and is included in the employee vacation schedule. If a health worker has the right to additional days of leave at the same time for several reasons (for example, for work in the Far North, for being “harmful” and for irregular working hours), then such additional leave is not cumulative. For the final calculation of the duration of leave, the maximum duration of additional leave is taken.

In cases where the provision of additional rest is based on harmfulness, replacing it with compensation in in cash possible only for a period exceeding the minimum (7 days). Compensation is allowed only with the consent of the employee in writing and if there is a rule in the collective agreement or industry agreement on such a replacement indicating the amount of compensation (Part 4 of Article 117 of the Labor Code of the Russian Federation).

Additional leave for harm to medical workers

As we have already indicated earlier, for working in harmful conditions (2,3 or 4 degrees of harm) or dangerous working conditions, workers are entitled to general rule, 7 calendar days of additional paid leave (Article 117 of the Labor Code of the Russian Federation).

Note! As a general rule, the classification of working conditions as harmful or dangerous, as well as the determination of their degree of “harmfulness”, from 01/01/2014 is made on the basis of a special assessment of working conditions (part 1 of article 117 of the Labor Code of the Russian Federation, clause 1 of article 28 of the Federal Law “On special assessment working conditions" dated December 28, 2013 No. 426-FZ). For medical workers, such a special assessment should be carried out, incl. in accordance with the approved features (see, for example, order of the Ministry of Labor of Russia dated April 24, 2015 No. 250n).

In relation to certain categories of medical workers whose professional activity associated with harmful and dangerous working conditions, their own standards for the duration of paid additional leave have been established.

In particular, among the by-laws regulating this question, there is a decree of the Government of the Russian Federation dated 06.06.2013 No. 482.

Health workers are given the right to use additional rest time not simply because of their profession, but because of its connection with harmful factors or a special labor regime, which entails the need for compensation. The specific duration of such leave depends on the employer, as well as on the fixation in the by-laws of the provision on increased leaves for persons with a certain specialization.

Medical workers have the right to receive additional leave, which will be calculated slightly differently than the main annual leave. Amendments were made in mid-2013.

The Labor Code addresses the issue of providing additional leave, which will be paid. True, not all employees medical institutions can get it. The law provides for the following groups of medical workers who have the right to receive additional days in addition to annual compulsory leave:

• Employees of institutions with harmful and dangerous working conditions. This includes employees of psychiatric hospitals, laboratories that diagnose HIV-infected people, tuberculosis dispensaries, as well as employees of other institutions that have direct contact with the human immunodeficiency virus
• With a special nature of work
• Workers who carry out their activities outside the Arctic Circle, that is, on the Extreme Server, as well as in other areas equated to them
• Employees with irregular work schedules
• To workers who were exposed to radiation during the accident at the Chernobyl nuclear power plant

Also, the law implies other cases when an employee of a medical institution can receive annual paid leave.

Duration of additional holidays

In 2013, a new Decree was issued, according to which it is now carried out to medical workers who have the right to do so. So, if we consider the category of those who work in harmful and dangerous conditions, then the duration of the vacation will be approximately this:

1. Medical workers who work in psychiatric hospitals, namely managers and doctors, have the right to take additional leave of 35 calendar days
2. Medical workers who work in psychiatric hospitals, namely laboratory employees, have the right to take 21 calendar days
3. Medical workers who are employed in psychiatric hospitals, namely reception staff, nurses, have the right to take 14 calendar days
4. Medical workers who provide direct care to patients at tuberculosis dispensaries have the right to take an additional 14 days of leave.
5. Doctors who work in a tuberculosis dispensary in an X-ray room have the right to take 21 calendar days
6. Medical workers who work with HIV infection can take additional paid leave for 14 days

Sometimes it happens that a health care worker belongs to several categories. In this case, leave is granted only for one of them. You are allowed to choose which one you want. It happens that in some organizations an additional assessment of the working conditions in which people work has not been carried out. In this case, regardless of whether the assessment was carried out or not. Employees have the right to be granted additional leaves. If the employer refuses to do this, then this is a direct violation of Labor Law, and sanctions will be applied to such an organization. As for other groups of medical workers, the law specifies only minimum terms, that is:

• Employees who have irregular working hours can receive at least three days of additional leave
• Medical workers who work in the Far North have a minimum of 24 calendar days of vacation. And in other areas equivalent to this, at least 16 calendar days
• Medical workers who were exposed to radiation during the Chernobyl power plant accident may receive a minimum of 14 days of additional leave

Despite the fact that the number of days is approximately prescribed by law, employees of the same institution may receive a different number of days. It depends on other factors that influence the duration.

Basic conditions for receiving additional leave

Despite the fact that the Resolution of June 6, 2013 clearly states the number of days that a medical worker has the right to take, there are some conditions on the basis of which it is provided:

• The duration of additional leave that will be paid is calculated in calendar days. Not included here holidays, as in principle, and with a simple annual leave
• The length of service, according to which the amount of work required per year is calculated, includes only those days that were worked directly in harmful conditions or other conditions provided for by law.
• Most often, additional days are added to the main vacation. But taking into account that not all medical workers can use it at the same time, it can be distributed
• , and at the same time did not take some days off, then he is entitled to payment of compensation. And not only for annual leave, but also for an additional
• If the number of vacation days exceeds 28, then the employee has the right to ask for compensation for it. And don’t take the remaining days off

However, there are several exceptions when compensation will not be paid. These include:

1. Additional paid leave for pregnant women
2. Additional leave for employees under 18 years of age
3. Additional leave for those who work in harmful and dangerous conditions

If the organization has certain procedures that imply the order of vacations for different employees, then the HR department should indicate in advance those months (and sometimes dates) in which it will be needed. Most people try to plan a vacation for the summer months to go on vacation. But due to the huge number of applicants, not everyone manages to achieve this. It should be remembered that women with small children have an advantage. They are granted leave upon request.

Regulations

Additional vacation days are also paid

When calculating the number of days of additional leave, the employer must rely on the following documents (in accordance with the resolution of June 6, 2013):

1. Resolution of 1974, which clarifies the list of industries, workshops, professions, work in which gives full right to accrue additional leave
2. Instructions on the procedure for applying the above list of workshops and professions
3. A standard provision that clarifies the main points about the assessment of working conditions, as well as the appointment of additional pay and vacations
4. Government Decree, which states that general practitioners have the right to be granted additional leave, which will be paid, in the amount of three days if their continuous work experience in this position is more than three years
5. Article 117 in the Labor Code, according to which there is a certain list of those who have the right to receive another seven-day leave

Today, most workers in institutions, both medical and other, know their rights. And that is why employers try once again not to enter into conflict and provide all the necessary leave, both annual and additional. Of course, this is not always profitable, since for this period of time it is necessary to look for a person.

But, in any case, there is a certain list according to which some medical workers can take additional days. They can either “take off” these days or receive compensation for them. It all depends on how acceptable the employer is to compensation for “not taken off” days, so some, in order to avoid this, force employees to go on vacation on time and take all days off.

Expert lawyer's opinion:

It often happens that a doctor does not use his additional vacation for several years. Or uses it partially. That's why they accumulate. This shouldn't happen. You can only use preferential leave in the current year for the previous year.

It turns out that if he is not given time off in a timely manner, he may disappear, which is also wrong. What a way out. We recommend doing the following. You need to contact personnel service with a statement that you need to recalculate.

All overdue vacations are summed up and a record is made in your personal file that you have the total number of days left over the past year. The legislation does not clearly regulate this situation, but the practice has developed as described above. Therefore, we do not recommend postponing your legal right to rest.

You can find out how vacation pay is calculated from the video:

In addition to the main annual paid leave, some employees are also entitled to additional annual paid leave (Articles 114, 116 of the Labor Code of the Russian Federation). But before we talk in detail about additional days for vacation, let us recall the rules about regular and additional vacations.

General rules for granting leave

Any employee with whom an employment contract has been concluded (Articles 21, 114 of the Labor Code of the Russian Federation) has the right to annual basic paid leave.

As a general rule, the duration of the annual basic paid leave is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). True, there are exceptions to this rule: certain categories of workers are entitled to extended basic leave (Article 115 of the Labor Code of the Russian Federation). For example, teachers belong to this category. Thus, additional education teachers working with students with disabilities are entitled to 56 calendar days of basic leave (Article 334 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated May 14, 2015 N 466).

An employee can apply for annual leave for the first year of work after six months of continuous work with a specific employer (Article 122 of the Labor Code of the Russian Federation). At the same time, with the consent of the employer, the employee can go on annual leave earlier than this period.

Vacation for the second and subsequent years of work with a particular employer is granted at any time of the year in accordance with the vacation schedule.

Additional leaves and the procedure for their provision

Annual additional paid holidays are provided (Article 116 of the Labor Code of the Russian Federation):

• workers with irregular working hours;
• workers engaged in work with harmful/dangerous working conditions;
• workers working in the Far North and equivalent territories;
• employees performing work of a special nature;
• other employees, if the condition for granting them annual additional paid leave is prescribed in a particular federal law.

By the way, additional paid leave can be provided to employees who are not entitled to such leave in accordance with the law, at the discretion of the employer. The procedure for granting these additional leaves must be specified in the collective agreement or local normative act(LNA). It is worth noting here that if there is a trade union, the employer must take its opinion into account when adopting the procedure and conditions for providing additional leave.

Holidays during additional leave

Additional leave for irregular working hours

The duration of leave for an irregular working day is determined by a collective agreement or internal rules labor regulations(PVTR). At the same time, the minimum duration of annual additional paid leave provided to employees with irregular working hours is 3 calendar days (Article 119 of the Labor Code of the Russian Federation).

It is important to know that if an employee has an irregular working day, then he is entitled to additional leave on this basis, even if during the year he has never been involved in work outside the working day.

Additional leave for hazardous working conditions

Such leave is due to employees whose working conditions, based on the results of a special assessment of workplaces, are recognized as harmful (2, 3 or 4 degrees) or dangerous (Article 117 of the Labor Code of the Russian Federation).

Employees employed in jobs with harmful/dangerous working conditions are entitled to an additional annual paid leave of at least 7 calendar days. Moreover, the duration of additional leave for harmful working conditions of a particular employee must be established employment contract on the basis of an industry/inter-industry agreement and a collective agreement, taking into account the results of the special assessment.

Additional leave for hazardous working conditions in 2019 in accordance with the Labor Code is provided in the same manner as in 2018.

Additional leave for employees of the Far North

Employees working in the Far North are entitled to additional paid leave, the duration of which is 24 calendar days (Article 321 of the Labor Code of the Russian Federation). And employees performing their labor duties in areas equated to the regions of the Far North are provided with additional leave of 16 calendar days.

Additional leave for performing work of a special nature

The categories of employees who are entitled to this leave, as well as its minimum duration and conditions for provision, are established by the Government of the Russian Federation (Article 118 of the Labor Code of the Russian Federation). For example, general practitioners are entitled to 3 days of additional annual paid leave, provided that the employee has worked continuously in this position for more than three years (Resolution of the Government of the Russian Federation of December 30, 1998 N 1588).

Additional leave for disabled people

Providing additional paid leave to employees with disabilities is not provided for by law. However, this category of workers is entitled to an extended annual basic paid leave of at least 30 calendar days (Article 23 of the Federal Law of November 24, 1995 N 181-FZ). Moreover, leave of this duration is entitled to all disabled employees, regardless of the disability group.

True, a disabled employee may apply for additional leave on other grounds not related to his disability. For example, additional leave for disabled people of group 3 with a minimum duration of 3 calendar days is provided if such disabled employees have an irregular working day (Article 119 of the Labor Code of the Russian Federation). In addition, the right of disabled employees to additional paid leave can be established by the employer himself (Article 116 of the Labor Code of the Russian Federation).

It is also worth noting that in addition to the right to extended annual basic leave, disabled employees have another vacation privilege: upon written application, the employer is obliged to provide this category of employees with leave without pay (“at their own expense”) lasting up to 60 calendar days per year (Article 128 of the Labor Code of the Russian Federation).

Confirm your right to extended annual basic paid leave, as well as additional leave without saving wages A disabled employee must provide a certificate of disability (Appendix No. 1 to Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 N 1031n).

Additional leave for working pensioners

Additional leave for a pensioner working for a specific employer is provided only if the right to additional paid leave for working pensioners is specified in a collective agreement or local regulation (Article 116 of the Labor Code of the Russian Federation).

But in addition to the basic annual paid leave, a working old-age pensioner (i.e., who has reached retirement age) has the right to leave “at his own expense” for up to 14 calendar days a year (Article 128 of the Labor Code of the Russian Federation). In order for a working pensioner to be granted such leave, he must write a corresponding application addressed to the employer. The document confirming the right to such leave is a pension certificate.

Additional leave due to occupational illness

If the employee’s health is harmed due to an accident at work or occupational disease, then the employer is obliged to provide the employee who needs treatment for the above reasons with additional paid leave for sanatorium treatment.

This leave is provided for the entire period of treatment, as well as for the duration of travel to the place of treatment and back (clause 10, paragraph 2, article 17 of the Federal Law of July 24, 1998 N 125-FZ).

Additional leave for medical workers

Some medical workers are entitled to additional annual paid leave for work of a special nature (we talked about this above), and some are entitled to annual additional paid leave for work in hazardous working conditions. For example, junior medical personnel caring for HIV-infected people have the right to 14 calendar days of annual additional paid leave (List approved by Decree of the Government of the Russian Federation of 06.06.2013 N 482).

The rules on additional leave for medical workers in 2018 did not change.

Additional leave for combat veterans

Combat veterans have the right to apply for additional leave without pay for up to 35 calendar days a year (clause 11, clause 1, clause 4, clause 2, article 16 of the Federal Law of January 12, 1995 N 5-FZ). True, this rule does not apply, for example, to persons sent to work in Afghanistan in the period from December 1979 to December 1989, who completed the period established upon deployment or were sent ahead of schedule good reasons. The document on the basis of which vacation “at one’s own expense” is granted is the certificate of a combat veteran.

Also, all active military personnel who are combat veterans are entitled to additional paid leave of 15 days (Clause 5.1, Article 11 of Federal Law No. 76-FZ of May 27, 1998).

Is it possible to combine main and additional vacations?

Labor legislation does not contain a ban on combining two vacations (main and additional) into one. Also, the Labor Code does not prohibit dividing the entire vacation allotted to an employee into parts. The main thing is that two conditions are met (Article 125 of the Labor Code of the Russian Federation):

• vacation is divided into parts by agreement between the employee and the employer;
• at least one of the parts of the divided vacation must be at least 14 calendar days.

For example, an employee is entitled to an annual basic paid leave of 28 calendar days and an annual additional paid leave for work in hazardous conditions of 7 calendar days. So this employee can, for example, take 15 calendar days off at once, and divide the rest - 20 calendar days (28 days - 15 days + 7 days) into 20 one-day vacations.

Providing additional leave in advance

Annual additional paid leave for any reason, except for leave for work in harmful/dangerous conditions, can be provided to the employee in advance.

And additional leave “for harmfulness” is granted in proportion to the time worked in harmful/dangerous conditions (Article 121 of the Labor Code of the Russian Federation, Letter of Rostrud dated March 18, 2008 N 657-6-0). Those. how many days of additional leave “for harmfulness” the employee had managed to “earn” by the time he went on such leave, working in harmful/dangerous conditions, is exactly how much he is entitled to.

Additional leave and vacation schedule

When drawing up a vacation schedule for the next year, indicate the number of vacation days that each specific employee is entitled to claim. It would be more correct to reflect in the schedule absolutely all vacation days due to the employee: you need to sum up the days of the main vacation (as for another year, and non-vacation balances for previous years) and days of annual additional paid leave established by law and/or provided for by the collective agreement/LNA (Article 120 of the Labor Code of the Russian Federation).

Let us remind you that the vacation schedule for the next calendar year must be drawn up no later than two weeks before its onset (Article 123 of the Labor Code of the Russian Federation), i.e. no later than December 17 of the current year. Thus, the vacation schedule for 2019 must be approved no later than December 17, 2018.

Application for additional leave

Employees must take annual basic paid leave and annual additional paid leave as scheduled. In this case, the employee may not write a vacation application. But if for any reason an employee, with the consent of the employer, goes on vacation outside the schedule, then it is impossible to do without a corresponding application.

An application for annual additional paid leave may look like this:

To the General Director of LLC "Stone Flower" Tvorogov A.A. from the adjuster of automatic control systems of the 4th category Semenov K.E. Statement

In accordance with Article 117 Labor Code I ask the Russian Federation to provide me with additional annual paid leave for work in hazardous working conditions from May 20, 2019 for 7 calendar days.

05/16/2019 Semenov K.E.

Reflection of additional leave in the time sheet

In the working time sheet (form No. T-12 or form No. T-13, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1), days falling during the period of annual additional paid leave are indicated by the letter code “OD” or the digital code “ 10".

If non-working holidays occur during the additional paid leave, then in the timesheet these days are indicated by the letter code “B” or the digital code “26”.

Providing an employee with additional leave without pay, which he has the right to claim in accordance with the law (for example, leave “at his own expense” for a disabled employee), is indicated in the time sheet by code “OZ” or “17”.

Reflection of additional leave in the employee’s Personal Card

If an employee has the right not only to annual basic paid leave, but also to annual additional paid leave, then in section VIII “Vacation” of the employee’s Personal Card (form T-2, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1) it makes sense These two types of leave should be reflected separately from each other. Otherwise, confusion may arise, for example, with the number of days of a particular vacation taken by the employee.

Assistant in calculating vacation pay

Let us remind you that you must pay vacation pay to the employee no later than three days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). If this deadline is violated, the employer is obliged to pay compensation to the employee (Article 236 of the Labor Code of the Russian Federation). You can determine its size using.

In addition, an employer who is late in paying vacation pay faces a fine for violating labor laws (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Is it possible to replace additional leave with monetary compensation?

As a general rule, part of the annual paid leave exceeding 28 calendar days can be replaced monetary compensation based on the employee's application. But this cannot always be done. It is prohibited to replace annual additional paid leave with monetary compensation for the following categories of employees (Article 126 of the Labor Code of the Russian Federation):

• pregnant workers;
• minor employees;
• employees working in harmful/dangerous working conditions. True, if the duration of additional leave for harmful working conditions of a particular employee exceeds the minimum established (7 calendar days), then the part of such leave exceeding these 7 calendar days can be replaced with special monetary compensation. This can be done on the basis of an industry/inter-industry agreement and a collective agreement, as well as the written consent of the employee. To obtain consent, it is better to conclude an appropriate agreement with the employee to the employment contract.