Employee categories
Are there other categories of employees who can dictate to the employer when they need to be granted annual paid leave?
Of course, there are plenty of such categories. Here is a complete list of such categories of privileged workers:
1. Workers under 18 years of age.
Vacation time : convenient for the employee, including before the expiration of six months of continuous work with a given employer. Reason : Article 267, para. 3 hours 3 tbsp. 122 Labor Code of the Russian Federation;
2. Women.
Time for granting leave : before the start of maternity leave or immediately after it, including before the expiration of six months of continuous work with a given employer. Reason : paragraph 2, part 3, art. 122, art. 260 Labor Code of the Russian Federation, Letter of Rostrud dated March 18, 2008 No. 659-6-0; Immediately after the end of parental leave, regardless of length of service with this employer. Reason : Article 260 of the Labor Code of the Russian Federation.
3. Husbands whose wives are on maternity leave.
Leave time : the period the wife is on maternity leave. Leave is granted regardless of how long the spouse has continuously worked for a given employer. Basis : part 4 tbsp. 123 Labor Code of the Russian Federation, art. 30 of the Federal Law of November 15, 1997 No. 143-FZ.
4. An employee who has adopted a child (children) under the age of three months.
Vacation time : until the end of six months of continuous work with a given employer. Reason : paragraph 4, part 3, art. 122 Labor Code of the Russian Federation, art. 274 Code of Civil Procedure of the Russian Federation.
5. One of the parents (guardians, trustees, foster parents) raising a disabled child under the age of 18.
Vacation time : convenient for the employee. Leave is granted until the day the disabled child reaches the age of 18. You will need a certificate establishing the child's disability. Reason : Article 262.1, Part 4 of Art. 123 Labor Code of the Russian Federation, art. Art. 23, 43 of the Federal Law of November 15, 1997 No. 143-FZ, Art. 14 of the Federal Law of April 24, 2008 No. 48-FZ.
6. Persons awarded the badge “Honorary Donor of Russia”, “Honorary Donor of the USSR”.
Vacation time : convenient for the employee. Grounds : clause 1, part 1, 2 art. 23 of the Federal Law of July 20, 2012 No. 125-FZ, Appendix No. 7 to the Order of the Ministry of Health and Social Development of Russia of March 31, 2005 No. 246.
7. Part-time workers.
Vacation time : the period of annual paid leave at the main place of work, including before the expiration of six months of part-time work. Basis : part 1 art. 286 Labor Code of the Russian Federation.
8. One of the parents (guardians, trustees) with a child (children) under the age of 18, if the employing organization is located in the Far North or an equivalent area.
Time for granting leave : the period of accompanying a child under the age of 18 entering educational programs of secondary vocational education or higher education in organizations engaged in educational activities located in another area. Basis : part 5 art. 322 Labor Code of the Russian Federation; Appendix to the Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368.
9. Faces:
- those who received (suffered) radiation sickness and other diseases associated with exposure to radiation as a result of the disaster at the Chernobyl nuclear power plant or with work to eliminate its consequences;
- who became disabled as a result of the Chernobyl disaster, listed in clause 2, part 1, art. 13 of the Law of the Russian Federation of May 15, 1991 No. 1244-1.
Vacation time : convenient for the employee. Reason : clauses 1, 2, part 1, art. 13, clause 5, part 1, art. 14, part 4 art. 15 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 728, Ministry of Health and Social Development of Russia No. 832, Ministry of Finance of Russia No. 166n dated December 8, 2006, and Appendix No. 1 to it.
10. Workers and employees, military personnel, commanding and rank-and-file personnel of the Department of Internal Affairs and the State Fire Service who received occupational diseases associated with radiation exposure while working in the exclusion zone, including disabled persons from among these persons.
Vacation time : convenient for the employee. Grounds : clause 5, part 1, art. 14, part 2 art. 16 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 728, Ministry of Health and Social Development of Russia No. 832, Ministry of Finance of Russia No. 166n dated 08.12.2006.
11. Persons who participated in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant, listed in clauses 3, 4, part 1, art. 13 of the Law of the Russian Federation of May 15, 1991 No. 1244-1.
Vacation time : convenient for the employee. Reason : paragraphs 3, 4, part 1, art. 13, para. 1 part 1, item 1 part 3, part 4 art. 15 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 727, Ministry of Health and Social Development of Russia No. 831, Ministry of Finance of Russia No. 165n dated December 8, 2006, and Appendix No. 1 or No. 2 to it.
12. Persons evacuated from the exclusion zone or resettled from the resettlement zone or who voluntarily left these zones, including children, including children who were in a state of fetal development at the time of evacuation.
Vacation time : convenient for the employee. Grounds : clause 6, part 1, art. 13, clause 5, part 1, art. 14, part 1 art. 17 Law of the Russian Federation dated May 15, 1991 No. 1244-1, clause 2 of the Procedure approved by Order of the Ministry of Emergency Situations of Russia No. 228, Ministry of Health and Social Development of Russia No. 271, Ministry of Finance of Russia No. 63n dated April 11, 2006, and Appendix No. 1 to it.
13. Citizens who were exposed to radiation as a result of nuclear tests at the Semipalatinsk test site and received a total (accumulated) effective radiation dose exceeding 5 cSv (rem).
Leave time: convenient for the employee. Reason : clause 15 of Art. 2, art. 5 of the Federal Law of January 10, 2002 No. 2-FZ, Appendix No. 4 to the Procedure approved by Order of the Ministry of Emergency Situations of Russia of September 18, 2009 No. 540.
14. Children of the first and second generations of citizens who accepted in 1957 and 1958. direct participation in the work to eliminate the consequences of the accident at the Mayak production association, suffering from diseases due to the effects of radiation on their parents.
Vacation time : convenient for the employee. Reason : Article 12 of the Federal Law of November 26, 1998 No. 175-FZ, clause 5, part 1, art. 14 of the Law of the Russian Federation dated May 15, 1991 No. 1244-1, Appendix No. 8 to the Regulations approved by Order of the Ministry of Emergency Situations of Russia dated April 24, 2000 No. 229.
15. Persons from the special risk unit listed in paragraph 1 of the Resolution of the Armed Forces of the Russian Federation dated December 27, 1991 No. 2123-1.
Vacation time : convenient for the employee. Grounds : clause 5, part 1, art. 14 Law of the Russian Federation dated May 15, 1991 No. 1244-1, para. 1 - 3 clause 2 of the Resolution of the Armed Forces of the Russian Federation dated December 27, 1991 No. 2123-1, clause 1 of the Procedure approved by Order of the Minister of Defense of the Russian Federation dated September 22, 2016 No. 590, and Appendix No. 5 to it.
16. Combat veterans.
Leave time: convenient for the employee. Reason : subclause 11, clause 1, art. 16, pp. 4 p. 2 tbsp. 16, pp. 3 p. 3 art. 16 Federal Law of January 12, 1995 No. 5-FZ.
17. Military spouses.
Time of leave : time of leave of the military spouse. Basis of Art. 30 of the Federal Law of November 15, 1997 No. 143-FZ, paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel.”
18. Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory.
Vacation time : convenient for the employee. Basis : part 2 tbsp. 6 of the Federal Law of 01/09/1997 No. 5-FZ, paragraph 9 of the Instructions approved by the Resolution of the Presidium of the USSR Supreme Court of 06/11/1980 No. 2260-X.
19. Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory.
Vacation time : convenient for the employee. Grounds : paragraphs 1, 2 of Art. 1.1, paragraph 3 of Art. 8 of the Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory.”
20. Employees recalled from annual paid leave.
Vacation time : at a time convenient for the employee during the current working year or by joining the vacation for the next working year. Basis : part 2 tbsp. 125 Labor Code of the Russian Federation.
“Convenient” leave without taking into account continuous work experience
Some categories of workers can go on “convenient” leave even without the need for compulsory six months of work:
- Pregnant women can take time off before or after maternity leave. In addition, this opportunity is provided after the end of parental leave (Articles 122, 260 of the Labor Code of the Russian Federation).
- If the wife is on maternity leave, then her husband also receives the right to “convenient” leave (Article 123 of the Labor Code of the Russian Federation).
- Minor workers (Articles 122, 267 of the Labor Code of the Russian Federation).
- Employees who have adopted one or more children under the age of 3 months. (Article 122 of the Labor Code of the Russian Federation).
List expansion
The above list of categories of employees can be expanded by the employer, i.e. similar guarantees may be provided for other categories of employees by collective agreement or local regulations of the employer.
If the employer does not comply with the legal requirement to provide leave to the above categories of employees at a time convenient for them, then this is a gross violation of the law with a significant degree of damage to the employee, which is especially punishable by supervisory authorities.
“Convenient” leave taking into account continuous work experience
The following are other categories of citizens who have the opportunity to choose the time for their vacation (after they have worked for the first 6 months with a new employer):
- Employees who have been recalled from vacation. Unspent rest days can supplement vacation in the coming working year or be used at a convenient time in the current year (Article 125 of the Labor Code of the Russian Federation).
- A person who works part-time has the right to rest simultaneously with vacation from his main job. Work before this for 6 months. part-time work is not necessary (Article 286 of the Labor Code of the Russian Federation).
- Those who combine work and study can discuss with the employer the issue of adding paid leave to educational leave (Article 177 of the Labor Code of the Russian Federation).
- Spouses of military personnel can take leave simultaneously with the leave of military personnel (Article 11 of Law No. 76-FZ of May 27, 1998).
- One of the parents (guardians, trustees, foster parents) raising a disabled minor child. The right to leave is available until the day the child comes of age (Article 262.1 of the Labor Code of the Russian Federation).
- Parents who have three or more children under the age of 12 (Article 262.2 of the Labor Code of the Russian Federation).
- One of the parents (trustees, guardians), working in the Far North, who accompanies a child (under 18 years old) to another area for admission to secondary vocational institutions and higher educational institutions (Article 322 of the Labor Code of the Russian Federation).
- People who participated or suffered during military conflicts (Article 14-19 of the Law of January 12, 1995 No. 5-FZ):
- WWII veterans, participants in combat operations in the territories of other countries and war veterans;
- rear workers who worked on the construction of military facilities, labor veterans and blockade survivors.
- People awarded with certain awards: heroes of the USSR and Russia, heroes of Socialist Labor, full holders of the Orders of Glory and Labor Glory (Article 8 of the Law of January 15, 1993 No. 4301-1 and Article 6 of the Law of January 9, 1997 No. 5).
- Awarded the sign “Honorary Donor of Russia” or “Honorary Donor of the USSR” (Article 23 of Law No. 125 of July 20, 2012 and Article 11 of Law of June 9, 1993 No. 5142-1).
- Liquidators of the consequences of the disaster at the Chernobyl nuclear power plant and other people exposed to radiation while working in the exclusion zone, as well as those evacuated from there or who left voluntarily (Article 13-16 of the Law of May 15, 1991 No. 1244-1).
- People exposed to radiation after atomic tests in the area of the Semipalatinsk test site, as well as children of the first and second generations of liquidators of the consequences of the accident at the Mayak plant in 1957-1958 (Article 2 of the Law of January 10, 2002 No. 2-FZ, Article 12 Law of November 26, 1998 No. 175-FZ and Article 14 of Law of May 15, 1991 No. 1244-1).
How to go on a “comfortable” vacation
To go on paid leave at a convenient time, you must provide the employer with an application requesting leave and documents confirming that the employee belongs to the appropriate category: a certificate confirming the disability of a minor child, a certificate for the “Honorary Donor” badge, etc.
How can the employer reflect such leave?
There is no requirement in the law that “convenient” vacations of employees need to be recorded in the general vacation schedule.
However, it is better to do this. At the same time, the start date of vacation for employees who have the right to take vacation at a convenient time will be indicative in the schedule. If an employee transfers his vacation to another date by writing an application, changes must be made to the vacation schedule.
