PhD additional leave. Leave of absence of scientific workers of the university with a scientific degree Duration of vacation of a researcher

). The number of calendar days of vacation does not include non-working days. holidays if they fall within the period of the annual main and additional holidays. Annual additional paid leave is calculated separately and summed up with the annual main paid leave (duration of 28 calendar days), and in total terms they make up the total duration of the annual paid leave. For example, if you are entitled to 10 days of additional leave, which is added to your basic leave of 28 calendar days, your total annual paid leave would then be 38 calendar days.

Who rests longer than others: the right to an extended vacation

Decree of the Government of the Russian Federation of May 14, 2015 No. 466 approved the list of positions in educational institutions (general educational institutions, educational institutions of primary, secondary and higher vocational education, etc.), work in which gives the right to annual extended paid vacations lasting 56 or 42 calendar days depending on the type of institution and position.

The right to extended vacations is enjoyed by university researchers who hold positions and those with a doctoral degree of science - lasting 48 working days, and a candidate of science - 36 working days (Decree of the Government of the Russian Federation of August 12, 1994 No. 949).

By separate federal laws, the duration of vacations employees performing research and development work, increased. For example, in accordance with Art. 5 of the Federal Law of the specified category of workers when performing works that use toxic chemicals related to chemical weapons, and work to eliminate facilities for the production of chemical weapons, vacation duration is set 56 calendar days and for some workers 49 calendar days.

Extended leave is granted to employees of healthcare organizations that diagnose and treat HIV-infected patients, as well as employees of organizations whose work is related to materials containing the human immunodeficiency virus - 36 working days, in accordance with the Procedure for granting benefits to employees at risk of infection with the immunodeficiency virus person in the performance of his official duties(Decree of the Government of the Russian Federation of April 3, 1996 No. 391,).

The right to extended holidays is enjoyed by federal civil servants of the civil service(Article 46 of the Federal Law ""). The total duration of annual paid leave (basic and long service) is differentiated from 40 to 45 calendar days depending on the position held. At the same time, additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service, are granted in addition to the above annual paid leave. Norms labor law to relationships associated with civil service, and, in particular, do not apply to the procedure for granting and the duration of basic and additional paid holidays (Article 73 of the Federal Law "").

Vacation working disabled people is 30 calendar days(Article 23 of the Federal Law).

Who is eligible for additional paid leave?

Employees employed in jobs with harmful and (or) dangerous working conditions (the list of such jobs, the duration of vacation and the conditions for its provision are approved by the Government of the Russian Federation) are provided with annual additional paid vacation().

Additional leave for work with harmful working conditions is granted to employees in accordance with the List of industries, shops, professions and positions with harmful working conditions, work in which gives the right to additional leave and shortened working hours (). This List is subject to . The procedure for granting additional leave for work with harmful working conditions is enshrined in.

Some categories of workers are given annual additional leave for the special nature of the work, for example, workers with irregular working hours (), citizens of working age working in the regions of the Far North and equivalent areas(the duration of this leave, the procedure for granting and combining annual paid holidays and the corresponding compensation associated with the use of the leave are established in,). The duration and conditions for granting this leave are determined by the Government of the Russian Federation ().

Annual additional paid holidays are provided in other cases provided for by the Labor Code of the Russian Federation, federal laws, as well as resolutions of the Government of the Russian Federation. For example, additional leave of up to four calendar days is granted to employees of industrial and production personnel in the coal, shale, mining industries and certain basic industries for multi-shift work (Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions dated July 2, 1990 No. 647).

General practitioners (family doctors) and their nurses an annual additional paid three day vacation for continuous work in these positions over three years(Decree of the Government of the Russian Federation of December 30, 1998 No. 1588 "").

Employers, taking into account their production and financial capabilities, can independently establish additional holidays for employees. The procedure and conditions for their provision are determined by collective agreements or local regulations which are accepted taking into account the opinion of the elected body of the primary trade union organization.

Leave in case of employment with irregular working hours

Workers with irregular working hours annual additional paid leave is provided, the duration of which cannot be less than three calendar days ().

In a collective agreement or internal rules work schedule the employer organization should provide for the duration of additional paid leave with irregular working hours, taking into account the volume of work, the degree of labor intensity, the employee's ability to perform his labor functions outside the normal working hours, etc.

Rules for granting annual additional paid leave employees with irregular working hours in organizations financed from the federal budget, approved by Decree of the Government of the Russian Federation of December 11, 2002 No. 884. This extra leave is granted individual employees organizations financed from the federal budget, for working with irregular working hours. The main condition for granting this additional leave is the periodic need for employees to fulfill their labor functions outside of normal working hours.

Payment for additional holidays provided to employees with irregular working hours of employer organizations financed from the budget (federal, subject of the Russian Federation and local government) is made from the wage fund.

Payment for additional vacations provided to employees of other organizations in accordance with the collective agreements adopted by them and other local regulations is made at the expense of the organizations (employers) own funds.

Certain categories of employees have the right to use annual paid leave at their request at a convenient time for them. These categories of workers include, for example:

workers under the age of 18 ();
husbands whose wives are on maternity leave (during this leave);
spouses of military personnel, whose leave may be granted simultaneously with the leave of their husbands (wives) (clause 1, article 11 of the Federal Law of May 27, 1998 No. 76-FZ "");
parents (guardians, custodians) working in the Far North and equivalent areas who are entitled to receive annual paid leave or part of it (at least 14 calendar days) to accompany a child under the age of 18 entering an educational institution of secondary or higher vocational education located in another locality ();
persons working part-time ();
participants of the Great Patriotic War, disabled war veterans, combat veterans, including disabled people, labor veterans (- Federal Law of January 12, 1995 No. 5-FZ "On Veterans");
Heroes of the Soviet Union, Heroes Russian Federation and full holders of the Order of Glory (clause 3, article 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 "");
Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Federal Law of January 9, 1997 No. 5-FZ "");
persons awarded the badge "Honorary Donor of Russia" (Article 23 of the Federal Law of July 20, 2012 No. 125-FZ "");
persons who received or suffered radiation sickness and other diseases associated with radiation exposure due to the Chernobyl disaster or with work to eliminate its consequences, disabled people due to the Chernobyl disaster, participants in the liquidation of the disaster, citizens evacuated from the exclusion zone and resettled from the resettlement zone, and some others persons exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, other accidents at nuclear facilities for military and civil purposes, tests, exercises and other work related to any type of nuclear installations (- Law of the Russian Federation dated May 15, 1991 No. 1244-1 " ABOUT social protection citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant").

Vacation schedule: possibility of rescheduling and withdrawal from vacation

Annual paid leave must be granted on time scheduled holidays. This leave must be extended or rescheduled for another period in case of temporary disability of the employee or when the employee performs during the vacation public duties, if at the same time exemption from work is provided, or in other cases provided for by laws, local regulations (). When postponing annual paid leave in these cases for another period, the employer must take into account the wishes of the employee.

Another procedure is established for postponing the annual paid leave if the employee was not paid on time for the vacation or the employee was warned about the start time of the vacation later than two weeks before it began. In this case, the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee.

In exceptional cases, in order to avoid adverse consequences for the employer, annual paid leave may be postponed with the consent of the employee to the next working year. This leave must be granted to the employee no later than 12 months after the end of the working year for which this annual paid leave is granted. At the same time, he can join a new vacation.

If an employee is under 18 years of age or is employed in work with harmful or dangerous working conditions, then the transfer of leave is not allowed.

Employees with two or more children under the age of 14, as well as employees with a disabled child under the age of 18, single mothers raising a child under 14, fathers raising a child under 14 without a mother may be granted additional leave without saving wages up to 14 calendar days, which, at the written request of the employee, are fully or partially attached to the annual paid leave (). When transferring annual paid leave in the cases considered in our article, this additional leave without pay cannot be transferred to the next year ().

It is possible to divide the annual paid leave into parts. This is allowed by agreement between the employee and the employer (). At the same time, it is not determined how many parts the vacation can be divided into, but in all cases at least one of the parts of this vacation must be at least 14 calendar days, which complies with the requirements of the Convention international organization Labor dated June 24, 1970 No. 132.

Early recall of an employee from vacation is allowed only with his consent. The refusal of an employee and his absence from work before the end of the leave granted to him is not considered as a violation of labor discipline. An employee's recall from vacation must be properly executed by issuing an order or instruction by the employer. The unused part of his vacation in connection with the recall of the employee must be provided at the choice of the employee at a time convenient for him during the current working year, or added to a new vacation for the next working year.

It is prohibited to recall from vacation pregnant women, employees under 18 years of age, as well as employees employed in work with harmful and (or) dangerous working conditions.

Part of the vacation that exceeds 28 calendar days can be replaced with monetary compensation (). In addition, when summing up or transferring vacation to the next working year, a part of each annual paid vacation exceeding 28 calendar days can be replaced by monetary compensation. Replacing part of the vacation with monetary compensation is carried out at the written request of the employee.

For certain categories of workers (pregnant women, workers under the age of 18, persons employed in work with harmful and (or) dangerous working conditions, in order to protect their health), vacation cannot be replaced with monetary compensation ().

Dismissal and leave: realization of the right to rest

The employee must be given the opportunity to exercise the right to leave. Upon termination, the employee is paid financial compensation in all cases, regardless of the reason for dismissal, for all unused vacations by the day of dismissal (). At the request of the employee, instead of compensation for unused holidays, he may be granted leave with subsequent dismissal (with the exception of cases of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation. This date is entered in work book as the date of termination.

If the dismissal of an employee is due to the expiration of the term of the employment contract, then leave with subsequent dismissal may be granted provided that the time of leave in whole or in part goes beyond the term of this contract. In this case, the day of dismissal is also considered the last day of vacation, which is entered in the work book as the date of dismissal.

If unused vacation with subsequent dismissal is provided to the employee upon termination of the employment contract at the initiative of the employee, he has the right to withdraw his application for dismissal, provided that this vacation has not yet begun, that is, before the day the vacation starts, and another employee has not been invited to his place in the order of transfer.

Related Documents

Decree of the Government of the Russian Federation of May 14, 2015 No. 466
Decree of the Government of the Russian Federation of August 12, 1994 No. 949
the federal law dated November 7, 2000 No. 136-FZ
Decree of the Government of the Russian Federation of April 3, 1996 No. 391
Decree of the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of July 2, 1990 No. 647
Decree of the Government of the Russian Federation of December 30, 1998 No. 1588
Decree of the Government of the Russian Federation of December 11, 2002 No. 884

Read about how to calculate vacation when working part-time, whether the head of the company must write an application for vacation, whether an employee can take vacation for five calendar days from Monday to Friday and much more, read.

Reproduction (in whole or in part) of the material may be made only with written permission with an active hyperlink.

As a general rule, the number of paid vacation days per year must be at least 28 (Article 115 of the Labor Code of the Russian Federation). Is it 28 calendar days or working days? The annual main paid leave is considered in calendar days (Article 120 of the Labor Code of the Russian Federation). That is, for each working year, the employee is entitled to 28 calendar days.

Dividing vacation into parts

An employee does not have to use all 4 weeks of vacation due to him at a time. Leave may be divided by agreement between the employee and the employer. The division of vacation into parts according to the Labor Code of the Russian Federation must be done in such a way that the duration of at least one of the parts is at least 14 calendar days (Article 125 of the Labor Code of the Russian Federation). Subject to this condition, the duration of other parts of the vacation may be an arbitrarily small number of days, including 1 or 2 days.

How long does an employee's vacation last, taking into account weekends and holidays

Weekend days falling within the period of vacation are taken into account when calculating its duration and are subject to payment. Let's explain with an example. Manager Ivanov A.K. wrote an application for leave for the period from June 17 to June 23, 2019. June 22 and 23 are days off. Accordingly, the employee must be granted leave for 7 days and all 7 days must be paid.

Unlike regular weekends, public holidays non-working days the duration of the vacation is not included and not paid (Article 120 of the Labor Code of the Russian Federation). Let's go back to the example above. If Ivanov A.K. will write an application for June 6-13 - 8 calendar days, only 7 calendar days will be credited and paid for vacation. Because June 12 is a holiday (Article 112 of the Labor Code of the Russian Federation).

Vacation: the number of days according to the legislation and according to the local act

The specified vacation duration - 28 calendar days - is the minimum according to the Labor Code of the Russian Federation. And the employer, on his own initiative, can establish paid leave of longer duration for his employees. The number of additionally provided paid vacation days (in addition to 28) must be indicated in the collective agreement, the local regulatory act of the organization (for example, internal labor regulations) or directly in labor contracts with employees.

It is important that the costs of paying such additional vacation days cannot be taken into account for the purposes of taxation of profits (clause 24 of article 270 of the Tax Code of the Russian Federation). Also, from the amount of their payment, it will be necessary to withhold personal income tax and accrue insurance premiums(Clause 2, Article 226 of the Tax Code of the Russian Federation, Clause 1 of Article 420 of the Tax Code of the Russian Federation).

Extended leave under the Labor Code 2019: how many days

Who is entitled to apply for extended basic leave and how many vacation days should be provided to these persons is indicated in the table.

Category of workers	Number of vacation days under the Labor Code and other legislative acts
Workers under the age of 18	31 calendar days. Leave must be granted at any time convenient for the minor (Article 267 of the Labor Code of the Russian Federation)
Working disabled people with any disability group	At least 30 calendar days (Article 23 of the Law of November 24, 1995 No. 181-FZ)
Teaching staff	42 or 56 calendar days depending on the position held and type educational organization where a pedagogical worker works (Article 334 of the Labor Code of the Russian Federation, paragraph 3 of part 5 of Article 47 of the Law of December 29, 2012 No. 273-FZ, Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466)
Researchers with a degree	- 48 working days for PhDs; - 36 working days for candidates of sciences. The specified extended holidays are granted to scientists holding full-time positions in a scientific institution (organization) financed from the federal budget (Decree of the Government of the Russian Federation of August 12, 1994 No. 949)
Chemical weapons workers	56 or 49 calendar days, depending on the group of work to which the employee's activity is assigned. The assignment of works to the first or second group depends on the degree of their danger (Articles 1, 5 of the Law of November 7, 2000 No. 136-FZ)
Employees of professional emergency rescue services and formations	30, 35 or 40 days, depending on the duration of continuous work experience in professional emergency rescue services and formations (clause 5, article 28 of the Law of August 22, 1995 No. 151-FZ)
Healthcare workers at risk of contracting the human immunodeficiency virus	36 working days for employees of healthcare organizations that diagnose and treat HIV-infected people, as well as people whose work is related to materials containing the human immunodeficiency virus, taking into account the annual additional leave for working in hazardous working conditions (paragraph 4 of the Government Decree RF dated 03.04.1996 No. 391)
Government civil servants	30 calendar days
Prosecutors, scientific and pedagogical workers of the prosecutor's office	30 calendar days, excluding travel time to the place of rest and back in the general case (clause 1, article 41.4 of the Law of 17.01.1992 No. 2202-1).
Employees Investigative Committee serving not in areas with special climatic conditions	30 calendar days excluding travel time to the place of rest and back in the general case (part 1 of article 25 of the Law of December 28, 2010 No. 403-FZ).

Additional leave

Some employees, in addition to the main leave (standard or extended), are also entitled to additional leave. You can read about such a vacation in a separate article.

How many days is the "northern" leave by law

How many days does a northerner's vacation last? Usually more than non-Northern workers. After all, the “northerners”, firstly, are provided with the main annual paid leave - of a standard duration or extended in the above cases. And secondly, they are provided with additional leave (Article 321 of the Labor Code of the Russian Federation). For workers who work:

in the regions of the Far North - 24 calendar days;
in areas equivalent to the regions of the Far North - 16 calendar days;
in other regions of the North, where district coefficient and a percentage bonus to wages - 8 calendar days (Article 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1).

By the way, both regular annual paid holidays and extended, as well as additional "northern" holidays can be provided to employees in advance (Article 122 of the Labor Code of the Russian Federation).

The question of the duration of the annual leave of a researcher of a budgetary institution of higher education - a doctor of sciences.

You have successfully subscribed.

Now all new paid questions will be sent to your email. You can unsubscribe in your Notification Settings

Supported by online chats

Time is up

The time allotted for editing has expired.

Thank you!

Our moderator will review your complaint shortly.

It is forbidden to give a useless answer. The consultation must be complete and justified.
It is forbidden to duplicate/copy the answers of other lawyers from different sources.
Your answer must be original and unique.
It is forbidden to unnecessarily quote laws without explanation.
It is forbidden to offer your services bypassing the site (indicate contacts).
It is forbidden to provide links to third-party sites without urgent need or without the client's request.
It is forbidden to be rude to the client

Greet the client;
Answer fully and reasonably;
Argue the indication of the relevant laws;
Summarize the consultation in a concentrated form.

By advising clients on Yustiva, you accept the rules for providing legal services. In case of violation, the administration has the right to delete your answers and limit your account in using some functionality.

Open author contacts

Contact details will be visible
only you

Researcher's vacation

Researchers belong to those categories of citizens who are entitled to receive annual and additional paid leave, which takes a little more working days than the rest guaranteed to workers employed in other vacancies. Features of the provision of such leave, the procedure for registration and the procedure for calculating vacation days will be given in this article.

From this article you will learn:

whether a researcher is entitled to leave;
what are the features of granting leave to researchers;
what is the procedure for calculating leave for researchers;
how is the registration of leave for scientific employees.

According to Decree of the Government of the Russian Federation No. 949, members of the teaching staff and employees of other scientific positions who have an academic degree can exercise the right to take long annual paid leave. Depending on the academic degree (candidate of science or doctor of science), the methodology for granting leave is based.

Features of granting leave to researchers

The right to receive annual paid leave, which takes a slightly larger number of working days, is for researchers with an academic degree and holding staff positions. The schedule of the institution must take into account all the nuances regarding the possibility of legally obtaining an academic degree and the corresponding privileges.

It should be noted right away that long-term leave is granted to scientific workers on special rights - it is calculated in working days, and not calendar days, as any other employee is supposed to. Accordingly, days off (Saturday and Sunday) and holidays are not included in the number of days of rest and, in such cases, the holiday itself is extended by the set number of days.

In addition to the main annual leave, researchers working at enterprises where certain harmful working conditions are present are also entitled to an additional paid period, which is also the responsibility of the employer. Accordingly, if a person has an academic degree and, at the same time, works in rather difficult conditions, then such an employee can safely count on a fairly long vacation with pay.

The procedure for calculating leave for researchers

Since a researcher is supposed to accrue annual paid leave, which may include additional rest with pay due to harmful working conditions, working days must be converted into calendar days. Any holidays should not be taken into account when calculating, respectively, if the vacation period falls, for example, New Year or March 8th, then these days should be added to the total number of vacation days. If a research assistant falls ill or will have to perform some additional duties for a certain time, then the vacation must be extended for the period of work or temporary disability.

As an example, consider a situation where the personnel and accounting department of an enterprise needs to calculate the total number of days of annual paid leave for an employee with a PhD and working in difficult conditions.

To begin with, let's define what such an employee Labor Code The Russian Federation provides for the need to provide 36 working days as a basic vacation and 10 days, due to the presence of unhealthy conditions. 36 working days are summed up with 10 working days of additional rest and translated into calendar days. As a result, it turns out that such an employee must use 52 calendar days during the year as paid leave.

If the employee fails to take the total number of rest days, then the employer can pay compensation for a certain amount (by agreement with the boss). But, most often, the rest of the vacation is added to the rest days of the next reporting year, since the opportunity to immediately take almost two months of rest can be a serious test for any institution that needs the constant presence of a qualified employee at the workplace.

Leave arrangements for academic staff

Annual paid leave is provided to researchers in accordance with the schedule developed for the current year. This document does not take into account additional paid rest if the enterprise has harmful working conditions, so its provision is discussed with the employer on a separate basis.

If a researcher goes on vacation in accordance with the schedule, then he does not need to fill out a special application with a request for vacation. The immediate supervisor must notify the employee of the approaching date of rest no later than two weeks in advance, while the director is obliged to send a written notice.

Further, the head issues an appropriate order, which indicates the surname, name, patronymic of the researcher, his position and the exact date of the start and end of the vacation. The order is filled out in the T-6 form, and it can indicate both one type of vacation (main), and several at once (main and additional).

Article 126. Replacement of annual paid leave with monetary compensation

Employees are provided annual leave with the preservation of the place of work (position) and average earnings.

Annual basic paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is granted to employees in accordance with this Code and other federal laws.

Annual additional paid leave is granted to employees employed in jobs with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Employers, taking into account their production and financial capabilities, may independently establish additional holidays for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these holidays are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

Annual additional paid leave is granted to employees engaged in work with harmful and (or) dangerous working conditions: in underground mining and open pit mining in open pits and quarries, in areas of radioactive contamination, in other jobs associated with adverse effects on human health of harmful physical, chemical, biological and other factors.

The minimum duration of the annual additional paid leave for employees employed in jobs with harmful and (or) dangerous working conditions, and the conditions for granting it, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The list of categories of employees who are entitled to additional annual paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for granting it, are determined by the Government of the Russian Federation.

Employees with irregular working hours are granted annual additional paid leave, the duration of which is determined by the collective agreement or internal labor regulations and which cannot be less than three calendar days.

The procedure and conditions for granting annual additional paid leave to employees with irregular working hours in organizations financed from the federal budget are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the authorities of the constituent entity of the Russian Federation, and in organizations financed from the local budget, local governments.

The duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working holidays falling within the period of the annual basic or annual additional paid leave shall not be included in the number of calendar days of leave.

When calculating total duration annual paid vacation, additional paid vacations are added to the annual basic paid vacation.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

actual work time;

the time when the employee did not actually work, but in accordance with labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, employment contract the place of work (position) was preserved, including the time of annual paid leave, non-working holidays, days off and other days of rest provided to the employee;

forced absence time illegal dismissal or suspension from work and subsequent reinstatement in the previous job;

the period of suspension from work of an employee who has not passed the mandatory medical checkup(examination) through no fault of their own;

time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year.

(paragraph introduced by Federal Law No. 157-FZ of July 22, 2008)

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

the time the employee is absent from work good reasons, including as a result of his suspension from work in the cases provided for in Article 76 of this Code;

the time of leave to care for a child until he reaches the age established by law;

paragraph is invalid. - Federal Law of July 22, 2008 N 157-FZ.

The length of service giving the right to annual additional paid leave for work with harmful and (or) dangerous working conditions includes only the time actually worked in the relevant conditions.

Paid leave must be granted to the employee annually.

The right to use the leave for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, an employee may be granted paid leave before the expiration of six months.

women - before maternity leave or immediately after it;

employees under the age of eighteen;