In what cases are additional days off provided and how are they paid?

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In some cases, the employer is obliged to satisfy the employee’s request for additional days off and pay the employee for them. A typical example is when an employee is raising a disabled child.

However, there are other cases where an employer is required to provide an employee with paid time off.

When an employee is raising a disabled child, he is entitled to four paid days off per month. This rule applies to employees who are parents, guardians or trustees of disabled children. Four days off can be used entirely by one parent (guardian, trustee) or divided by agreement between them.

When there is more than one disabled child in a family, the number of additional paid days off does not increase.

To exercise the right to additional days off, the employee must write a written application addressed to the head of the company. The application is submitted in the form developed by the Ministry of Labor in order No. 1055 n dated December 19, 2014.

The following documents must be attached to this application:

1. certificate of disability of the child;
2. a document confirming the place of residence (stay) of a disabled child;
3. birth (adoption) certificate of a disabled child;
4. a certificate from the second parent’s place of work stating that the additional days off were not used by him or were used partially (clause 3 of the Rules, approved by Government Decree No. 1048 dated October 13, 2014.

To provide additional days off, the director of the company must issue an order, which is announced to the employee against signature.

Each additional day of rest is paid to the employee based on his average earnings.

It should be remembered that the employer is obliged to provide additional days of paid rest only if the employee writes an application and provides all the necessary documents. If the employee submits such an application with all the necessary documents, and the employer refuses, then the employee may voluntarily exercise the right to days off. The courts will be on the employee’s side and will not consider this to be absenteeism.

Who is entitled to it by law?

Many employees work at the enterprise and do not know about their right to take an additional day of rest.
Employers rarely inform subordinates about this possibility, especially if the day off is legally paid. After all, the additional days established by labor legislation are not mandatory. They are provided at the request of the employee. It is not profitable for management to give subordinates more days off than planned.

Some categories of employees, in addition to the non-working days established at the enterprise, are entitled to additional days off. These issues are regulated by the Labor Code of Russia (LC). In particular, we are talking about articles No. 173, 186 and 262.

The following persons have the right to take additional days off:

• parents, trustees or guardians who care for a disabled child . Such employees are entitled to four additional days off each month. These days can be used all at once or divided throughout the month at personal discretion. Additional days off are paid. Money is credited in the manner established by federal laws. Payment is made for each day of rest in the amount of average earnings. This is stated in article No. 262;

• 
  worker receiving education . Article No. 173 provides for such categories of employees with both paid additional days off and days without pay. Financially reimbursable educational leave is required for passing intermediate certification in the first two courses. During this period, the employee can take 40 days off. In subsequent courses, 50 days are given to pass the session. To pass the state final certification, student workers are exempt from work for a period of up to 4 months. During this time, the subordinate’s earnings are retained;

• donor _ Any employee who donates blood is given a day off with pay. This day can be used throughout the year. The donor is also released from work while donating blood and undergoing a medical examination in this regard. If an employee decides to go to work during this period, then the subordinate retains the opportunity to use these days off. They are provided upon his request and are subject to payment. This is stated in article No. 186.

The employer has the right to independently expand the category of employees who are entitled to an additional day off. For example, management may provide such a benefit to one or both parents with many children raising a minor child under 14 years of age. This point is noted in article No. 263.

All changes must be enshrined in a collective or individual labor contract and other local regulations.

Unpaid additional days off for working on weekends and non-working holidays

Due to operational necessity, an employee may be required to work on his day off or on a non-working holiday. Such a day of work is paid double; however, at the request of the employee, he may be given a day of rest instead of a shift worked. However, if the employee wishes to take a day off, then work on the day off is paid at a single rate, and the day off is not paid. It should be borne in mind that an employee working under a fixed-term contract for a period of up to 2 months is not entitled to such a day off. Such an employee is only entitled to double pay.

Going to work on a weekend or a non-working holiday is documented by the employer’s order, where the employee signs and puts a mark indicating his consent to work.

As a rule, an employee is given an additional day off in the same month in which he worked on a day off or a non-working holiday, but the parties can agree to use the day off at any other time or add it to annual leave.

To replace double pay with an additional day off, the employee must submit a written application, in which the manager must express his consent. This will help avoid claims from the employee that he did not receive remuneration at the initiative of the employer.

The employer does not have the right to limit the period during which an employee can use time off for work on a weekend or a non-working holiday, including by enshrining such a rule in a local act. Such a restriction is not provided for by law and worsens the employee’s situation.

The necessary conditions

There are often situations when an employee asks for an additional day off with pay, but the administration of the enterprise refuses this. Such an action by the employer may be completely legal. After all, in order to receive additional time off with financial compensation, certain conditions must be met.

The necessary conditions for receiving a day off are given below:

• the employee is included in the preferential category;
• the subordinate expressed his desire to take an additional day of rest in writing;
• the grounds for which additional rest is provided are documented;
• The employee who submitted the application is not working during this period. If a subordinate asks the employer to give him a paid day off while on parental leave for up to three years, on sick leave or on administrative leave, then management has every right to refuse. After all, the benefit does not apply to such cases.

Additional days off for those who combine work and study

Employees who combine university studies with work are entitled to additional days off according to the Labor Code. However, they are partially paid. An employee undergoing part-time or evening studies at accredited higher educational institutions, 10 months before leaving to defend his thesis, has a reduced work week by 7 hours or is offered one day off. In this case, 50% of average earnings are paid, but not less than the minimum wage. This category includes not only students of universities, but also students of state-accredited institutions where they can receive secondary vocational education.

Conditions for providing a day off from work or reducing working hours during the week:

1. If the education is acquired by the employee for the first time.
2. If a person is studying in several educational institutions at once, free time is provided for studying only in one educational institution of the employee’s choice.

The calculation, as in previous cases, is made by calculating average earnings. An additional day of rest is provided for working on a day off.

Procedure for provision

Add. days off must be provided according to the rules established by Decree of the Government of the Russian Federation No. 1048 of October 13, 2014. Vacations should be arranged properly.

The procedure for providing additional days off is given below:

• an employee who wishes to take a day of rest draws up a corresponding application and submits it to the employer for consideration. To this document, the employee should attach a number of papers that prove that he really is included in the preferential category. For example, granting additional time off per week to a parent with many children requires the presence of birth certificates of the children and a certificate stating that the spouse at the place of work was not granted a similar type of leave;
• the employer is considering the application. If he agrees, he puts forward a corresponding resolution. After this, he submits the document for further work;
• An order is issued based on the application submitted by the employee. It is approved by the head of the organization;
• The employee is introduced to the contents of this order against signature.

Expert opinion

Irina Vasilyeva

Civil law expert

When an employee is on a day off, appropriate marks are placed on the working time sheet. Days of absence of a subordinate are designated by the letter “B”.

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Submitting an application

An application for an additional day off is written in free form. If the company has a locally approved letterhead, then it is advisable to use it. But the employer is also obliged to accept a document drawn up in any form. Fill out the application on a standard white sheet of office paper. You can write it by hand or type it on a computer.

The following information must be included:

• the name of the company in which the applicant works, its organizational and legal form;
• surname and initials of the head of the enterprise;
• Full name, position, structural unit of the employee;
• document's name;
• please provide days off;
• link to the article of the Labor Code, which establishes the right to additional rest;
• number of days off;
• date of start and end of rest;
• list and description of attached documents;
• date of application;
• personal signature of the employee.

Sample application for additional days off for the mother of a disabled child:

General Director of JSC Samotsvet

Orlovsky E.E.

Leading Specialist of the Monitoring Department

Zolotukhina Valentina Eduardovna

Statement

In accordance with the first part of Article No. 262 of the Labor Code of the Russian Federation, I ask you to provide me with four additional days off from November 18 to 21, 2019, maintaining the average salary due to the fact that I am caring for a disabled minor child.

I am attaching to the application:

1. Child's birth certificate No. 9321452.
2. Certificate of disability of the child No. 9886521 series ITU-2013 dated 04/10/2014.
3. Certificate from the Department of Social Protection of the Population No. 625 dated August 31, 2014 stating that the child is not being kept in a specialized children's institution fully supported by the state.
4. Certificate from the place of work of the child’s father No. 25 dated November 15, 2021 stating that he has not been and will not be given additional days off in November.

11/15/2019 (signature) V.E. Zolotukhina

Applications for days off for other preferential categories of employees are drawn up in a similar way.

Required documents

The main document that must be provided to the employer to receive days off is an application. But sometimes one is not enough.

This paper is accompanied by other documents that confirm the fact that the employee is a beneficiary and has every right to additional rest. The list of them depends on who is granted vacation and on what basis.

The list of required documents is given in the table below.

Additionally, the employer may require a number of other documents to be attached to the application. If copies are submitted, it is recommended that they be certified.

Weekend work

Working on official weekends in the organization is prohibited by the Labor Code. There are certain rules. It is possible to call an employee on his legal day off only with the written consent of the latter and only in certain cases listed below.

1. In case of an industrial accident or natural disaster to eliminate the consequences.
2. In order to prevent an accident.
3. To perform urgent tasks on which the work of the organization as a whole depends.
4. Workers in creative professions.
5. On an individual basis and exclusively voluntarily on the part of the employee.

Who gets extra days off?