11.08.2019
0
4738
4 min.
The Labor Code provides all working citizens with a guarantee of paid rest annually, for a period established by the state. In its standard form, it is at least 28 days, for teachers – from 6 to 8 weeks, and for military personnel – up to 1.5 months. We will find out how many vacation days a kindergarten teacher has from the article.
Basic Concepts
Like other citizens of the Russian Federation, kindergarten teachers are granted the right to leave by the Labor Code. But the procedure for its provision in this case is regulated by three different articles of the Labor Code - Art. 333, 334 and 335. After all, in Russia a teacher belongs to the preferential category of employees. Therefore, they are entitled to an extended period with additional compensation. Also, the Labor Code of the Russian Federation conditionally divides the leave of educators into separate types:
- Annual paid (at least 6 weeks per year);
- Additional at the expense of the enterprise;
- Elongated.
How they differ from each other will be discussed in the article below.
Are there any benefits and how to apply for them?
Long “vacations” are already a bonus in themselves. However, preschool teachers have other benefits in terms of rest. We will tell you about them now.
It is easy to calculate that the maximum vacation period for a kindergarten employee is 80 days (56 of them are due for working with children with disabilities, plus 24 days if the kindergarten is located in difficult climatic conditions). What if you don’t want to take not only 80, but even 42 vacation days? In accordance with Art. 126 of the Labor Code, a person can receive monetary compensation for an unused vacation period, or more precisely, for that part of it that exceeds the classic 28 days. To do this, a written statement from the employee will be sufficient.
It was said above that a preschool teacher can receive a leave of absence only after six months of work. However, in Art. 122 of the Labor Code also mentions exceptions. The following can receive legal rest without six-month work:
- women - before or immediately after maternity leave;
- minor employees;
- those who have adopted a child (or children) under three months old.
In these cases, rest is provided upon a written application from the employee and in the presence of documents confirming the benefit.
Some employees have the opportunity to take annual rest days at their own expense. The categories of such beneficiaries and the duration of the break from work are specified in Art. 128 and art. 263 TK:
- working pensioners – 14 days;
- working disabled people – 60 days;
- parents, spouses and widows of military personnel, as well as employees of law enforcement agencies - 14 days;
- those who have had the birth of a child, or the registration of a marriage, or the death of a close relative – 5 days.
Some other categories also fall into this list (provided that this item is covered in the collective agreement). All of them are given 14 days:
- single mothers or fathers;
- mothers of many children;
- employees with 1 or 2 children under 14 years of age;
- employees raising a disabled minor child.
To be released from work for this period, you need a written application and documents confirming the benefit. But you cannot transfer this type of vacation to the next working year.
Once every ten years, the teacher can go on vacation for as long as twelve months. The right to so-called long leave is stipulated in Art. 335 TK. To receive this benefit, you must comply with the conditions listed in Order 644 of the Ministry of Education and Science of the Russian Federation dated May 31, 2021 on granting long-term leave to teaching staff. To receive preferential leave, a written application and documents confirming ten years of teaching experience are sufficient. It is worth noting that this type of experience also includes all maternity leave that the mother was on until each of her child/children was three years old. During the period of one-year leave, the teacher’s job is retained.
Features of granting leave to kindergarten teachers
Depending on what category the kindergarten teacher belongs to, the duration of his leave can range from 42 to 56 days. The longest rest is given to teachers working with very young children. The shortest is usually intended for methodologists, senior group leaders, and the director of the institution. At the same time, educators cannot independently choose the months in which it will be convenient for them to rest. When drawing up the schedule, the authorities take into account periods when the influx of children in the kindergarten increases several times, or, conversely, decreases.
It is important to know! Based on this data, free days for vacation are selected for teachers (the only exception is the manager, since he can go on leave at any time convenient for him).
Kinds
The number of vacation days for kindergarten teachers depends not only on their category, but also on the type of dismissal. There are three in total:
- The next annual one is provided to all personnel according to a pre-planned schedule. Such vacations last the longest and are paid for by the state, at the average daily rate of a teacher;
- Extended leave - provided for educators working with “special” groups (disabled children undergoing psychological correction, etc.). It can also be provided to an employee who has undergone advanced training the day before;
- Additional rest - at your own expense, at your personal request. During its duration, the state does not pay any benefits to the teacher, but guarantees that he will retain his job. The reason for refusing an employee extraordinary time off may even be the possibility of a deterioration in the educational process.
Also, the duration of dismissal for employees of preschool educational institutions is regulated by the general articles of the Labor Code of the Russian Federation. Therefore, if sick leave is issued, the kindergarten teacher’s vacation will last for as many days as indicated on his certificate of incapacity for work. The extension of days off in this situation occurs automatically, without the consent of management (Part 1 of Article 124 of the Labor Code).
Time relax
As in other educational institutions, the presence of the smallest number of children in kindergarten occurs in the summer. Therefore, most teachers go on vacation from June to August. However, even during this season there will be children within the preschool educational institution. Therefore, a minimum part of the staff, including at least one teacher, must go to work.
Slightly different rules govern the procedure for granting regular leave to the head of an enterprise. The Labor Code allows him to go on vacation at any convenient time. But in the period from August to October, the number of new children in kindergartens increases sharply, so it is advisable for the authorities to be at work during this period, not at home, receiving parents and registering children in preschool educational institutions.
Duration
The minimum duration of leave for kindergarten teachers of the smallest category reaches 42 days. For teachers involved in caring for special groups of children with mental disorders or disabled children, this period increases to 56 days. Having worked in a preschool educational institution for more than 10 years, each employee also receives the right to a long leave of absence for a period of 12 months, while maintaining his salary and position.
If we are talking about extraordinary leave, which is provided at a personal request, then its duration cannot exceed 10 days. The only exception in this case is the issuance of a sick leave certificate, since this document automatically extends any employee’s vacation for the period established by the doctor.
Vacation calculation rules
All officially employed citizens of the Russian Federation are entitled to leave, regardless of their position and work experience. A guarantee for a long vacation is provided not only by the Labor Code of the Russian Federation, but also by Art. 37 of the Constitution. At the same time, the manager can only establish a certain sequence of dismissals for staff, but not cancel them or postpone them to the next year.
The boss himself must draw up the vacation schedule in tandem with the trade union committee, which, in turn, takes into account the wishes of individual teachers regarding their rest periods. If an employee of an educational institution has part-time status, and the position of a teacher is secondary for him, then his right to time off will be subject to some priority in relation to other employees.
Attention! In this case, the duration of rest consists not only of the teacher’s work shifts, but also of his days off, although the amount of vacation pay in this case is calculated based on the daily rate of the subordinate, for all calendar days (from 42 to 56 days).
When is leave granted?
A teacher can take another vacation (also known as a teacher’s calendar leave) at virtually any time, but provided that the person has already worked in this preschool institution for at least six months. Only then does the employee have the right to paid rest, says Art. 122 Labor Code of the Russian Federation.
If teachers of general education institutions can take legal “vacations” only in the summer (otherwise who will teach lessons?), then employees of preschool institutions have an undeniable advantage in this case and can rest at any time of the year. The only condition that must be met is that while the teacher is on vacation, one of his colleagues replaces him in the kindergarten. To comply with this rule, a vacation schedule is drawn up. As a rule, the personnel officer/accountant prepares it at the end of the calendar year, no later than two weeks before the new year (and in accordance with the wishes of the employees, if possible), and then submits it to the kindergarten management for approval. The administration may make certain adjustments to the document. The final version of the schedule, which will indicate when each teacher’s vacation begins and how long it lasts, must be familiarized to all employees of the preschool institution against signature.
And here it should be clarified whether the teacher is entitled to one vacation per year or not. In fact, according to the Labor Code, all working people have the right to annual rest for a total duration of 28 days. But at the same time, the employee himself is free to divide this period into any number of arbitrarily small periods. The main thing is that at least one of them is at least 14 calendar days. But the remaining two weeks can be divided into at least 1-2-day pieces. If there is such a need, of course.
Documents required for vacation registration
If the employee finally decides to take a break (in accordance with the schedule, which is important), then he will be asked to write a vacation application. In kindergarten, the teacher must submit this document to the personnel department or accounting department. It is advisable to do this at least a week before the start of your vacation so that the accounting department has time to accrue your vacation pay.
How to write a leave application to a kindergarten teacher? The sample document in this case is standard. On an A4 sheet of paper, write by hand:
However, everything comes to an end someday. Therefore, the kindergarten teacher’s vacation - no matter how many days it lasts - will also end sooner or later.
Where the senior teacher will spend his vacation days and what kind of vacation the junior teacher in kindergarten will have is not so important. The main thing is that a well-deserved rest brings teachers joy and peace of mind, providing a surge of moral and physical strength that will be enough for another eleven working months.
Because whatever kind of vacation a kindergarten teacher will have, such is the mood during work, and therefore the attitude towards children and towards their responsibilities.
