Duration of leave for medical workers

It is no secret that the work of medical workers is associated not only with great physical and moral stress, but also with direct interaction with various medications, as well as sick patients. Many years of work experience in such conditions significantly affects the health status of the representatives of the healthcare sector themselves, in connection with which the legislator has approved a certain labor privilege, the purpose of which is to restore the proper level of well-being - providing additional leave to healthcare workers.

There are two main types of rest from work that workers can take advantage of:

• Basic leave lasting 28 calendar days. The employer has no right to refuse to provide it; moreover, every day of rest is subject to payment by the employer;
• Additional leave, the duration of which varies depending on the working conditions and professional orientation of the employee. As a rule, most citizens do not have to count on receiving vacation pay for a given period of time, however, according to the provisions of labor legislation, the employer is obliged to pay additional payments to medical workers. vacation.

Which medical workers can count on receiving additional leave?

Additional days of rest, subject to payment, are provided to employees of medical institutions who work in harmful or life-threatening working conditions. Such workplaces are identified during an appropriate inspection by representatives of a specially created certification commission. If factors have been identified at the health worker’s place of work, the influence of which can lead not only to a temporary deterioration in his well-being, but also to the development of a chronic disease, then the person has the right to count on the provision of an additional paid vacation period. Thus, harmful working conditions include:

• Work activity of a specialist during which interaction with chemicals is carried out;
• Contact with patients whose body is a carrier of “special” diseases that can lead to the death of the person;
• Labor activity on special equipment, the operation of which is associated with radiation.

Who is entitled to it?

apply for special leave for working in a harmful environment:

• producing chemicals;
• mining industry;
• metallurgical production;
• producing porcelain and glass products;
• divers;
• in contact with radioactive substances;
• pulp and paper production;
• manufacturing ammunition that interacts with gunpowder;
• transport companies;
• health workers.

A complete list of professions harmful to health is contained in regulations approved back in Soviet times . Federal Law No. 400 - Federal Law recognized them as relevant today.

Features of providing additional leave to health workers

The right to receive an annual vacation period is granted to all working citizens, without exception, in the order of priority approved by the vacation schedule. The process of providing additional days of rest has certain nuances that are worth studying for citizens applying for it. Thus, the grounds for a medical worker to leave for additional vacation, serve:

• Firstly, the presence of officially identified harmful factors that affect the health of the physician himself (according to Article 117 of the Labor Code of the Russian Federation);
• Secondly, the “special” nature of the labor functions of a healthcare specialist;
• Thirdly, the performance of labor duties occurs according to an irregular work schedule.

The main features of providing additional vacation days include:

1. If there is no category of medical worker in the above table, additional leave will be provided to him on a general basis, that is, without salary and if there is a good reason for receiving it;
2. If the duration of his additional work is not established for a specific position of a medical worker. vacation, but, at the same time, the performance of labor functions is carried out in harmful conditions, he has the right to count on receiving a 7-day vacation period;
3. The employer does not have the right to independently reduce the duration of additional leave for an employee whose profession is approved in Government Decree No. 482;
4. If an employee of a medical organization is entitled to receive additional leave for several reasons, only one of them is allowed. The number of additional days of rest due for each reason cannot be summed up;
5. The medical worker has the right to request additional information. vacations at any time convenient for him;
6. If it is necessary to transfer existing days of rest to an earlier or later date, the head of the medical institution will need to be notified by sending him a corresponding application;
7. Some employees have the right to replace a certain number of additional rest days with material payments.

Each organization must issue appropriate internal documents that will regulate the procedure and conditions for the provision of additional information. leave for medical personnel of various categories. Employees must be familiarized with the provisions of this documentation at the time of concluding an employment contract against signature.

Calculation

Calculations should be carried out similarly to those performed according to the general standards intended for calculating calendar days of unspent vacation at the time of dismissal. Thus, the number of days of rest a person deserves is in proportion to the time worked in a hazardous environment.

You can read more about paying days for unused vacation here.

Additional leave is calculated only in calendar days, regardless of how this leave is approved in local labor acts.

The period of preferential rest for harmful activities is calculated according to a certain algorithm:

First all days worked in a malicious environment are added up and the number of fully worked months is calculated.

Kotr.m = Dnotr./(Kdn./12)

Kotr.m are full months worked by a person in a harmful or dangerous environment.

Dnotr. – these are the days in which the labor process took place in a negative environment.

Kdn. – all calendar days of the year.

If the Cotr.m indicator is equal to 11 months, then the preferential leave is due for the entire year.

Next, the following algorithm is applied:

Prot. = Kotr.m x Day per year/12 – Disp.

Prot. – duration of vacation.

Days per year – days of additional rest due for harmful work on the basis of an intersectoral agreement or a collective labor agreement.

Disp. – days of additional leave previously spent by the employee.

Based on the requirements of Article 120 of the Labor Code of the Russian Federation, the days of all vacations earned by an employee are recorded in the schedule , including days of traditional annual rest, unused vacation during the previous vacation period, as well as additional ones, including for work in an unfavorable environment.

The procedure for providing additional rest time to health workers

Earlier in the article it was mentioned that annual compulsory leave is provided to employees in accordance with the vacation schedule developed by the organization. Each employee can exercise the right to take the main type of leave only six months after employment in a medical organization. An additional vacation period is provided to persons after using the mandatory four-week rest period. The procedure for granting additional days off is as follows:

1. Agree in advance with the employer about the period of time during which it will be possible to be absent from the place of work without harm to the work process. Additional leave can be combined with the main one, or requested in a different time period;
2. Submit a written application addressed to the head of the organization indicating a request for the required days off;
3. Wait for the manager's decision. If it is positive, the application must be endorsed by the signature of the boss;
4. Familiarize yourself with the Order issued by the organization, which grants the right to a medical worker to be legally removed from performing labor functions;
5. Wait for the funds to be transferred, which should arrive on the employee’s bank card three days before the start of the vacation.

The above algorithm of actions must be followed by both the health worker and his supervisor. In case of violation of the procedure for referral to additional leave, certain penalties may be applied to each party to the employment relationship.

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Application for financial compensation for unused vacation days

Due to the fact that the work schedule of healthcare workers is quite intense, many people do not have time to take all the required rest days. The legislator allows in this case a certain part of the additional leave should be replaced with monetary compensation.

To be able to receive financial resources, the employee must send a corresponding application to the head of the medical institution. The document does not have a unified template and is drawn up in free form on a sheet of A-4 format. As a rule, forms for basic and frequently used documentation are developed in the Human Resources Department of each organization, so it is initially worth requesting such an application form directly from personnel officers. Every official document must contain certain mandatory information. Thus, the application must indicate the following information:

• Full name of the employer indicating his position;
• Full name of the medical worker indicating the position;
• Document name: “STATEMENT”;
• A request for monetary compensation that a person wishes to receive for the unused part of the additional amount. vacation. You should indicate the specific number of days not taken off, as well as the calendar year in which they accumulated;
• Link to the relevant article of the Code granting the right to receive finance (Article 126 of the Labor Code of the Russian Federation);
• Date of document execution;
• Personal autograph of a medical worker.

After reviewing the application by the head of the organization, a decision is made to transfer financial compensation to the employee.
Then, the medical institution issues a corresponding administrative document. A unified form for its preparation has not been developed, so the employer must independently prepare a sample of its design. The order is provided to the medical worker for review, who is required to put his own signature on the document. Based on the Order, which is transmitted to the Accounting Department, the responsible specialist makes the necessary calculations and over the next few days calculates the due amount of the monetary payment. No rating yet

Financial compensation

A person working in an unfavorable environment must fully rest and recuperate in order to minimize the risk of occupational diseases and disability. The minimum duration of rest is seven days. The part exceeding this period can be compensated with money.

The concept of calculating compensation amounts instead of part of unused leisure time is spelled out in Part 4 of Article 117 of the Labor Code of the Russian Federation:

• the intersectoral agreement or collective labor agreement includes permission for such payment;
• there is an attachment to the individual employment document confirming the employee’s consent to this;
• the fact of the existence of a harmful environment was revealed by a special assessment of working conditions.

If at least one of these points is not met, a person will not be able to exchange vacation for money.

The volume of compensation payment, the criteria for its calculation and issuance are prescribed in intersectoral agreements and collective labor documents. The Labor Code of the Russian Federation does not contain any instructions regarding this.