Payment of additional paid leave and payment of a one-time compensation for health improvement, provided simultaneously with additional paid leave to citizens exposed to

Who is eligible for Chernobyl leave?

The application for additional vacation days does not have a special form or approved unified form. In general, a standard form is used to write it, as for other application papers. But there are some differences in this paper. The main thing that the applicant must consider is which department he will apply to. In small cities, this issue is irrelevant, since there is only one department per city. But in large urban centers it is first necessary to decide on the site. As a rule, the application is submitted at the place of registration, not residence.

Citizens exposed to radiation as a result of the Chernobyl accident are a special preferential category, which, depending on the assigned degree of damage, receives additional guarantees and benefits. The entire range of guarantees is set out in the Law of the Russian Federation of May 15, 1991 No. 1244-1 “On the social protection of citizens who were exposed to radiation as a result of the Chernobyl accident.”

Rules for obtaining additional Chernobyl leave

Let's look at one more important question regarding additional leave for Chernobyl victims - who pays for these days off? As mentioned above, payment for additional (Chernobyl) leave for the Chernobyl nuclear power plant for the first two categories is made by the budget.

Both main and additional leave for persons who fit the Chernobyl category are provided at any time convenient for them. To provide additional rest under the Chernobyl category, length of service at this enterprise does not matter , because this benefit is not related to the work process and the employee has the right not to use it if it is not necessary.

How to get additional leave for Chernobyl victims in 2020

Those who lived or worked in the radioecological control territory for at least 4 years (as of January 1, 1991) and those who worked outside the exclusion zone for at least 14 days in 1986 and 3 months, respectively, in 1987.

The HR specialist determines the calculation period for calculating vacation pay from 09/30/2020 to 10/1/2020. Oleg's average daily earnings are: 52,000*12/12*29.3 = 1,774.74. Thus, the following are subject to payment: 1,774.74*14 = 24,846.36 rubles.

Additional leave for Chernobyl participants in 2021

Those who took part in eliminating the negative consequences of the accident, as well as those who worked in the exclusion zone during the following periods: from the date of the accident to 07/01/1986, more than 5 days in the period from 07/01/1986 to 12/31/1986, more than 2 weeks in 1987. In addition, citizens who permanently resided in the resettlement zone before the official decision and citizens who were evacuated in 1986.
Citizens with radiation sickness and disabled people;
Citizens who were engaged in sanitation, decontamination of equipment and construction for more than 2 weeks, as well as residents who were constantly in this area for more than 3 years;
Citizens living and working in the radioecological control zone, provided they have been in the contamination zone for more than four years before 2013.

Additional permission is also granted at the place of part-time work;
Additional leave is paid for each place of work;
If an employee changes employer, he does not have the right to take leave again in the current year;
It is prohibited not to provide workers who are Chernobyl victims with additional access.

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Additional leave for Chernobyl victims

workers who moved permanently to the resettlement zone can receive either 7 or 21 days (depending on exactly when they moved there);
citizens who work in the exclusion zone, but do not live there, or who were sent to this zone temporarily for a business trip, receive leave in the same manner as established for employees with difficult and harmful working conditions;
military personnel serving in the exclusion zone can receive up to 30 days of rest.

When calculating the amount of vacation pay, the same rules are used as in general cases. Payment is made based on data on the employee’s average salary and the duration of his vacation. The general calculation procedure is as follows:

Features of providing leave to Chernobyl victims

Conventionally, all categories of citizens who were exposed to radioactive radiation are divided into 4 categories.

Persons included in categories 1 and 2 are required to pay additional leave based on average earnings. Such rest is provided at the request of the employee - when it is convenient for him.

The other two categories of Chernobyl victims must be provided with additional time for rest upon written application, but at their own expense.

The right to receive leave for Chernobyl victims in Russia does not depend on the total length of insurance coverage and continuous work with a given employer. Moreover, if during such paid additional rest the employee falls ill, the leave must be extended or postponed to another period.

Upon termination of employment at his own request, the employee may submit a written request to be granted Chernobyl leave with subsequent dismissal. This period will be counted towards the two-week period of compulsory service, after notifying the manager of the decision to stop working.

Compensation for unused days of paid Chernobyl additional rest, guaranteed by law to persons injured during the liquidation of the accident or its consequences, is paid upon dismissal along with the calculated ones on the last day of performance of work duties.

Since leave is given to restore health, as well as additional days of rest provided for harmful working conditions, cannot be replaced during the continuation of the employment relationship with equivalent monetary compensation.

Cash compensation for unused Chernobyl leave is possible only in case of dismissal

How to Calculate Average Daily Earnings for Additional Paid Leave for Chernobyl Survivors

Documents must be certified by the seal of the organization and the signature of the chief accountant: news! Many people, the employee must be notified of the start time of the vacation against signature no later than 2 weeks before its start, you will be redirected to our file sharing service, the recipient submits it to the authority in the field of social protection of the population at the place of residence.

N 68-FZ In 2021, the remaining days, including days of vacation or illness, are not included in the length of service for additional leave “for harmfulness”. N 122-FZ amendments were made to Article 41 of this Law, from January 1, 2005 N 93-FZ Changes from the date of the said Federal Law of November 30, 2011 The employee applies to the employer with a written application for the issuance of a certificate of average earnings. Recommendation: How to grant an employee leave without pay Documentation Regardless of whether the leave is mandatory or not, the employee must write to grant it. Am I entitled to Chernobyl leave? As for personal income tax, paragraph.

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Chernobyl vacation: personal income tax and insurance premiums

Before talking about the withholding of personal income tax from the amounts of additional leave paid to Chernobyl workers, as well as the calculation of insurance premiums on these amounts, it is necessary to dwell directly on the procedure for paying for Chernobyl leave.

In order for a Chernobyl employee to receive the Chernobyl vacation pay due to him, the employer must issue him a certificate of the amount of average earnings indicating the total amount due for payment and the period for which the vacation is provided (clause 2 of the Rules). This certificate must be signed by the head of the organization (IP) and the chief accountant (with a transcript of the signatures), and if there is a seal, the certificate must be certified with a seal.

12 Jun 2021 uristlaw 665

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Additional leave for Chernobyl victims: how to apply

To receive vacation pay for additional social leave received by persons directly related to the Chernobyl events, it is necessary to make a photocopy of the ID, passport, order granting him leave indicating the rest period, and a salary certificate for the three months preceding the leave.

Art. 13 of the Law, which guarantees social privileges to people directly affected by the Chernobyl disaster, conditionally divides citizens into several categories depending on the degree of exposure to radiation doses.

Who arranges and pays for additional leave for Chernobyl victims?

In Art. 16 of the Labor Code of the Russian Federation establishes that benefits in the form of additional annual leave can be introduced by federal laws. Based on Art. 13 and 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1, the following can apply for another 14 days of rest:

persons suffering from diseases associated with radiation exposure after the Chernobyl disaster or with work to eliminate its consequences;
citizens who became disabled after liquidating the consequences of the accident, including those employed at nuclear power plants, sent, seconded and (or) called up for training to eliminate the results of the disaster;
persons evacuated from the exclusion zone or voluntarily left the contaminated area after the decision to evacuate was made;
citizens who became bone marrow donors for victims.

Please note that each of these citizens must have a special ID. If it does not correspond to the established template or there are some other problems with the document, you need to draw the employee’s attention to this in order to avoid future disputes with control authorities.

https://www.youtube.com/watch?v=userdyshman111

Unlike the main annual leave, Chernobyl leave is paid for by the state. The employer has the obligation to first check the availability of the right to the benefit, and then formalize the days of rest: accept an application from the employee, issue an appropriate order, issue a certificate of average wages for receiving vacation pay from the social security authorities, and keep a time sheet during the rest period.

Since there is no special registration procedure, use traditional document templates introduced in the organization. An employee can be offered this sample application for additional leave for Chernobyl victims (available for download at the end of the article).

As for the order, the only difference in it is the indication that payment is made from budget funds. Look at the sample order for additional leave for Chernobyl victims to formulate everything correctly.

Employers are prohibited from violating the right of subordinates to proper rest. Therefore, for unwillingness to let a Chernobyl worker go on vacation or refusal to provide “vacations” at a convenient time, the organization and officials may be held accountable under Art. 5.27 Code of Administrative Offenses of the Russian Federation. The fine in this case is up to 50,000 rubles for the company and up to 5,000 for officials.

We invite you to familiarize yourself with: Sample complaint against a decision on an administrative offense of a state labor inspector

We calculate the average salary for a vacation

If the employee’s earnings for the pay period consisted not only of salary, then do all payments accrued before the salary increase need to be indexed? No, not all. It is necessary to increase only those amounts that are set to the salary in a fixed amount as a percentage or a multiple. Those payments that are set to the salary in a range of values or in absolute amounts are not indexed. What if the employee was paid a bonus? First of all, you need to find out the date of its accrual. All bonuses, except annual ones, are taken into account when calculating average earnings only if they are accrued in the billing period. The annual bonus is taken into account regardless of the time of its accrual, but only if it is due to the employee for the calendar year preceding the vacation. Then you need to look at how the 12 calendar months were worked before the vacation. If the billing period has been fully worked out, then all bonuses are included in the calculation in full. If the employee was absent from work for part of the pay period, then bonuses should be taken into account in proportion to the time worked in the pay period. The exception is those bonuses that are accrued for the time falling within the billing period, taking into account actual work done in it. One-time bonuses not provided for by the remuneration system (for example, amounts issued for holidays, anniversaries, etc.) are not taken into account.

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Example: Employee Petrova M.I. goes on vacation for 14 calendar days from 04/05/2010. For each of the 12 months preceding the vacation, she received a salary of 30,000 rubles. The amount of vacation pay due to employee Petrova M.I. will be: 30,000 rubles. x 12 months : 12 months : 29.4 x 14 days = 14,285.71 rub.

Legislative information

Classifications of persons who in any way suffered from the effects of radioactive factors after the Chernobyl disaster are diverse depending on a large number of nuances. When speaking about the right to demand the appointment of such a benefit as additional leave, one should keep in mind not any persons, but exclusively those listed in paragraphs 1 and 2 of part 1 of Article 13 of Law No. 1244-1.

Who is entitled to it?

Taking into account the submitted application and copies of documents attached to it, an order is issued to appoint a “Chernobyl” leave. Employees of the HR and accounting departments are required to enter the necessary data into the accounting sheet, the applicant’s personal card, and also prepare a calculation certificate for subsequent submission to the authority authorized to resolve these issues in order to receive a monetary payment.

In – the amount of payment for additional leave;
Or – the established salary of the employee;
Km – the number of months worked by the employee in the current year;
29.4 – average number of days in a month;
By – duration of additional rest in days.

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Taking care of the people who became victims of this terrible tragedy, the government developed a number of measures aimed at supporting this category of citizens. In particular, the legislation provides for a number of benefits for liquidators and victims of the Chernobyl accident, which include additional paid leave.

Legal basis

unused vacation is not carried over to the next year;
it is not allowed to share rest during a period of temporary incapacity for work;
in the case of part-time work, it is possible to receive the required vacation;
if an employee changes his place of work in a calendar year, it will be impossible to document the total number of days of rest;
vacation is not extended by the number of holidays that fall;
You can receive monetary compensation for unused vacation only in case of dismissal.

additional payments and allowances to the salary and tariff rate for length of service, professional excellence, leadership of a team or other group of workers, length of service, etc.;
bonuses and other rewards for labor successes paid in accordance with the remuneration system. Read about how the quarterly bonus is determined when calculating average earnings here https://otdelkadrov.online/7614-kak-rabotodatelem-nachislyaetsya-kvartalnaya-premiya-v >

The question - whether to take it for the last 12 months or for 2 calendar months - arose due to the fact that some controllers from the State Audit Service believe that since the “Chernobyl” leave does not apply to leave and is defined as a benefit and compensation for harm caused to health in result of the Chernobyl disaster, then it should be calculated, they say, based on payments for 2 calendar months, and not for 12.

Average daily for Chernobyl vacation: for 12 months

In letter dated July 16, 2012 No. 3480/1/1-12

The Ministry of Social Policy states: the average salary when calculating “Chernobyl” vacation pay should be taken based on payments
for the last 12 calendar months preceding the month of going on such leave.
Head of department of the Zvezda enterprise K.L. Shabanov is a former liquidator of the Chernobyl nuclear power plant. Got a job on 02/28/2021 and at the time of dismissal on 05/28/2021 did not use the additional leave provided by the state. The average daily salary is 2,436 rubles. The employee submitted an application to the accounting department for leave with subsequent dismissal. How many days do I need to compensate and what is the amount?

Chernobyl vacation: concept and regulation

The definition of Chernobyl leave means additional days of rest that are provided to persons injured during the Chernobyl accident. Thus, the state is trying to compensate for the damage received due to the disaster. These days will be in addition to the main annual leave and paid in the same manner.

Citizens of the disease caused by the consequences of the Chernobyl accident (these are liquidators and representatives of the local population);
Persons who became disabled after participating in the liquidation of consequences at the Chernobyl Nuclear Power Plant;
Citizens who voluntarily left or evacuated from a radiation-contaminated area after the adoption of the law on evacuation;
Individuals who have become bone marrow donors for those affected.

Legal justification for receiving Chernobyl leave

Law of the Russian Federation No. 1244-1, issued on May 15, 1991, enshrines the main measures taken by the state to implement social protection of the rights and interests of citizens:

living in the Chernobyl zone at the time of the disaster;
victims during the accident and liquidation of consequences.

Here the law defines:

sources of financing benefits and compensation provided to Chernobyl victims;
criteria for preferential categories (depending on the degree of exposure to harmful factors, injuries received that caused disability, period of stay in a zone of increased radiation).

Labor relations between hired workers and employers are regulated by the Labor Code of the Russian Federation, where in Art. 116, the legislator provides for the provision of additional annual leave with payment of average earnings in situations specified in addition to the Labor Code by other federal laws.

The right for the employer to provide free additional rest to Chernobyl victims is given in accordance with Part 6 of Art.
128 Labor Code of the Russian Federation. Order a free legal consultation

How to Calculate Average Daily Earnings for Additional Paid Leave for Chernobyl Survivors

If additional rest is provided to persons of categories 3 and 4 of Chernobyl victims (i.e., free), the order makes reference to the presence of minor children. And the application must be accompanied by copies of birth certificates, as well as a certificate from the place of residence confirming cohabitation.

Name of the enterprise.
Form number and date of issue.
Full name of the vacation-beneficiary.
Chernobyl personnel number.
The name of the unit in which he is registered and his position.
The start and end dates of the holiday.
The total duration of the vacation period.
The basis for its design.

12 Jun 2021 uristlaw 384
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