Regulations on the procedure and conditions for granting basic and additional holidays. Sample regulation on holidays Order on the procedure for granting holidays to employees

Foreword

Regulations on holidays and temporary incapacity for work DEVELOPED by the personnel service and the accounting department of the Civil Code.

The Regulation is APPROVED by the General Director of the Group of Companies.

The regulation SHALL be put into effect from the date of approval.

The provision was INTRODUCED FOR THE FIRST TIME.

CHANGES to the Regulations are developed based on the results of its application in the Group of Companies or in case of changes in the requirements of regulatory documents on the basis of which the Regulations were developed.

1 area of use
2. Regulatory references
3. Definitions
4. Duration of annual leave
5 Length of unpaid leave
6 The procedure for granting holidays
7 Calculation of length of service giving the right to leave
8 Annual leave pay
9 Paid maternity leave
10 The procedure for issuing certificates of incapacity for work (sick leaves)
11 Payment for temporary disability (issued by sick leave)

1 area of use

This Regulation defines:

the procedure for granting, processing and paying for vacations and their duration;
the procedure for issuing sick leave certificates (sick leaves) and their payment;
responsibility of the heads of structural divisions, the Personnel and Accounting Service for compliance with the established procedure.

This Regulation applies to employees of all divisions of the Group of Companies.

All other issues related to the procedure for granting, processing, paying for vacations and temporary disability, not covered by this Regulation, are regulated by the Labor Code of the Russian Federation.

This Regulation uses references to the following legal documents:

Labor Code of the Russian Federation;
Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and amended on April 15, 1992.

3. Definitions

In this Regulation, the following terms are used with the corresponding definitions:

Scheduled salary- official salary corresponding to the staff list of the relevant legal entity.

Bonus- these are bonus payments equal to the difference between the salary according to the staffing table and the full salary of the employee.

Full salary- Includes regular salary and bonus.

4. Duration of annual leave

Annual paid leave is provided to employees for at least 28 calendar days.

Vacation is calculated according to the calendar, including days off (holidays falling on the vacation time are not included in it).

The number of vacation days is calculated at the rate of 2.3 working days for one fully worked month ( 28 calendar days in 12 months , Saturdays and Sundays included as part of the next vacation).

The recommended duration of a one-time vacation for employees is 14 calendar days.

5. Duration of unpaid leave

For family reasons and other valid reasons, an employee, upon his application, with the permission of his immediate supervisor, may be granted short-term leave without pay.

Unpaid leave is granted for a total duration of not more than 10 working days in one working year.

In case of emergency, by decision of the immediate supervisor, the employee may be granted additional leave without pay.

6. The procedure for granting holidays

Annual vacations are granted to the employees of the Group of Companies in accordance with the priority, drawn up in the form of a vacation schedule. Vacations can be granted at any time during the year, but without disrupting the normal course of the enterprise. When drawing up a vacation schedule, the time and order in which vacations are granted are determined taking into account the specifics of the production process of the enterprise and the wishes of employees.

The right to receive annual leave for the first year of work in the Civil Code is granted to employees on the expiration of 6 months of work lasting no more than 14 calendar days. If necessary, leave can be granted before the expiration of 6 months for actual hours worked at the discretion of the immediate supervisor and under his responsibility.

An employee writes an application for a vacation in the name of the General Director of the relevant legal entity, endorses it with the immediate supervisor (if it complies with the vacation schedule or the consent of the manager) and submits it at least a week before the date of the proposed vacation to the personnel department of the personnel service.

If the vacation is not planned (does not correspond to the vacation schedule), the application is submitted no later than 2 weeks before the date of the planned vacation.

The immediate supervisor approves the leave application based on their own decision on the possibility of granting the leave. If the requested vacation of an employee is associated with departure (the need to purchase tickets, tours, etc.), then the start and end dates of the vacation are agreed with the immediate supervisor in advance until the employee assumes additional obligations related to the departure.

The employee submits the signed application to the personnel department. The personnel department accepts the application, registers it. In the event that the number of vacation days is equal to or greater than 6 days, the Human Resources Department issues a formal vacation order.

If the requested vacation does not exceed 5 days, then at least a week in advance, the employee writes an application for a vacation in the name of the HR director, approves it from the immediate supervisor and transfers it to the personnel department. The personnel department accepts the endorsed application, registers it. When an employee has a total of 6 days or more, the personnel department informs him about this and issues official leave for the days used. At the same time, the employee writes a new vacation application in the name of the General Director of the relevant legal entity for the total number of vacation days used, endorses the application with the immediate supervisor and submits it to the personnel department, which issues an official order.

The employee, first of all, uses the annual leave for the time actually worked, and then the leave without pay. In cases where an employee does not have earned days of paid leave, he, by decision of his immediate supervisor, is granted leave without pay.

An employee who has worked in the Group of Companies for at least a year, in the absence of unused days of paid leave, paid leave may be granted in advance, in an amount not exceeding 14 calendar days, against future work.

The head of the unit, going on vacation for a period of 6 days or more, is obliged, during his absence, to assign his duties to one of the employees of the entrusted unit. Registration procedure: the head of the unit submits a memo to the personnel department indicating the full name, position of the employee to whom he assigns his duties and terms; the personnel department issues an order in the prescribed form.

7. Calculation of work experience giving the right to leave

The length of service giving the right to leave includes the time actually worked. The remaining periods of time when the employee did not work (for example, unpaid leave, absenteeism) are not counted (except for the period of illness, parental leave up to 1.5 years).

Leave for the current working year of at least 14 calendar days must be used by the employee before the expiration of this working year. The rest of the unused vacation can be added to the vacation for the next working year.

Transferring vacation for more than 1 year is not allowed. Earned vacation days, in case of non-use at the initiative of the employee, are not compensated.

Annual leave payment

The annual leave payment consists of two parts: the payment of earnings for the period of leave based on the salary according to the staffing table and the vacation bonus. Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the labor legislation of the Russian Federation.

The following methodology is used to calculate the vacation bonus:

the employee's bonus in rubles for the last three maximum fully worked months is summed up. The amount received is divided by 75 (3 months of 25 days - working days and Saturdays). The amount received determines the average daily earnings for vacation pay. The received average daily earnings are multiplied by the number of vacation days (Appendix 1 - for the joint venture and accounting);

in the event that an employee takes a vacation for a period of less than one week, the vacation bonus is paid only at the end of the month for all vacation days used in that month.

Compensation for unused vacation is paid only upon dismissal.

Payment for the bonus for the next vacation for employees of sales departments is made from the bonus fund of the sales department.

Maternity leave payment

The calculation is similar to the calculation of the annual leave bonus, but has a number of differences:

when calculating the average daily earnings, the estimated duration of one month is 21 working days;

the number of days of maternity leave payable includes only working days without Saturdays.

When calculating maternity leave, the number of working days for a given calendar period is calculated (Appendix 2 - for joint ventures and accounting).

Earnings during vacation on the basis of wages according to the staffing table are calculated in accordance with the Labor Code of the Russian Federation without taking into account seniority.

A bonus to maternity leave is paid subject to at least 2 years of work experience in the Civil Code at the time of the start of maternity leave.

The payment of the maternity leave bonus for employees of sales divisions is made from the bonus fund of the sales division and is calculated based on the average bonus for the year.

The procedure for registration of temporary disability (due to illness)

In the Civil Code, two types of registration of temporary disability due to illness are used:

without issuing a sick leave (due to illness at home) - no more than three working days, no more than two times during one calendar year, in the official report card they are drawn up as working days;

with the issuance of a sick leave (sick leave), in the report card they are drawn up as a sick leave.

In case of illness, the employee must:

inform the immediate supervisor and (or) timekeeper about his absence due to illness on the first working day of absence from work within three hours from the start of the working day;

if the fact of the disease is documented by a certificate of incapacity for work (sick leave), the employee, from the moment the sick leave is issued, is obliged to inform the timekeeper about the start date of the sick leave (for the timekeeper to enter data into the "Tabel" program).

An employee, within five working days from the moment of returning to work after an illness issued by a sick leave, provides a sick leave to the personnel department.

The personnel department within one working day draws up a sick leave in accordance with the requirements of the Labor Code of the Russian Federation and transfers it to the accounting department.

Payment for temporary disability (sick leaves)

Leaves of incapacity for work are paid on the basis of wages according to the staffing table. The calculation is made in accordance with the Regulations on the procedure for providing benefits for state social insurance No. 13-6, approved on November 12, 1984 and supplemented on April 15, 1992.

Sickness supplement at home or on sick leave in the form of a bonus is paid:

due to illness at home (without a sick leave) - lasting no more than 3 working days no more than twice in one calendar year, paid in full;

for disability certificates (sick leaves) - paid for no more than 10 working days of illness within one calendar year;

the total duration of fully paid sick days (staff salary plus bonus) does not exceed 10 working days during the calendar year;

temporary incapacity for work exceeding the established time limits and issued by a sick leave is paid in accordance with the Labor Code of the Russian Federation, based on the salary according to the staffing table;

the exception is cases of serious illness, confirmed by certificates of incapacity for work, which are paid in full.

The calculation is similar to the vacation bonus calculation.

The payment of a bonus when paying for temporary disability for employees of sales divisions is made from the bonus fund of the sales division.

HR Director I.I. Ivanov

Properly drawn up vacation regulations help the employer regulate the procedure for providing vacations to their employees in accordance with the requirements of the law. Consider a sample design of this local regulatory act.

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Sample regulation on vacations for 2019

Alpha Limited Liability Company

(Alpha LLC)

APPROVE

Director

Alpha LLC

A.V. Lviv

POSITION

About holidays

1. General Provisions

1.1. This provision has been developed in accordance with the norms of the Labor Code of the Russian Federation.

1.2. This regulation establishes the procedure and conditions for granting annual basic and additional holidays to employees of Alfa LLC (hereinafter referred to as the Employer or the Company) working on the basis of employment contracts.

1.3. For the period of annual leave, the employees of the Company retain their place of work, position and average earnings.

2. Duration of holidays

2.1. All employees of the Company are provided with an annual basic paid leave of 28 calendar days.

2.2. Extended annual basic paid leave is granted to the following employees of the Company:

employees under the age of 18 - 31 calendar days;

disabled people - lasting 30 calendar days, regardless of the disability group;

working pensioners (i.e. women over 55 years old and men over 60 years old) who live in stationary social service institutions - for a period of 30 calendar days.

2.3. Annual additional paid vacations are provided to the following categories of the Company's employees:

employees engaged in work with harmful and / or dangerous working conditions - for a period of seven calendar days;

employees with irregular working hours - three calendar days;

minor employees - three calendar days;

disabled persons - two calendar days;

other employees in accordance with the current legislation of the Russian Federation.

3. The procedure for granting leave

3.1. The right to the first annual basic leave arises for the employee after six months of continuous work in the Company. An employee can take a vacation for the second and subsequent years of work at any time of the working year in accordance with the vacation schedule.

3.2. By agreement between the employee and the Company, paid leave may be granted to the employee in advance, that is, before the expiration of the six-month period. At the same time, the Company is obliged to provide vacation in advance to the following categories of employees upon their application:

women - before maternity leave or immediately after it, as well as at the end of parental leave;

husbands while their wives are on maternity leave;

underage employees;

employees who have adopted children under the age of three months;

employees with three or more children under the age of 12;

other employees in cases established by law.

3.3. The main leave for the second and subsequent years of work is provided to employees at any time of the working year in accordance with the order established by the vacation schedule.

3.4. By agreement between the Company and the employee, the main paid leave may be granted in installments. At the same time, at least one of its parts must not be less than 14 calendar days.

3.5. Additional leave is provided to the employee along with the main one.

3.6. An employer is prohibited from not providing annual paid leave:

for two consecutive years;

employees under the age of 18;

employees engaged in work with harmful and / or dangerous working conditions.

4. Length of service for the appointment of basic and additional leave

4.1. The length of service giving the right to the second and subsequent annual basic leave includes:

actual work time;

the time when the employee did not actually work, but in accordance with the law, the place of work was retained for him, for example, the time of illness, annual paid leave, maternity leave, etc .;

time of forced absenteeism in case of illegal dismissal or removal from work and subsequent reinstatement at the previous job;

the time of suspension from work of an employee who did not pass a medical examination through no fault of his own;

the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days in the working year.

4.2. The length of service giving the right to annual basic leave does not include:

the time the employee is absent from work without good reason;

parental leave until the child reaches three years of age;

the time of unpaid leave provided at the request of the employee, exceeding 14 calendar days in the working year.

4.3. The length of service giving the right to additional leave for harmful and / or dangerous working conditions includes only the time actually worked in such conditions.

4.4. The length of service for granting additional leave for an irregular working day is determined in the manner specified in clauses 4.1–4.2 of this provision.

4.5. The length of service for granting additional leaves to disabled and underage employees in accordance with paragraph 2.3 of this provision is calculated in the manner specified in paragraphs 4.1–4.2 of this provision.

5. Extension and postponement of vacation

5.1. The employer is obliged to extend the annual leave if:

an employee falls ill while on vacation;

during the vacation, the employee performed state duties (provided that, according to the law, the employee is released from work for the duration of these duties);

in other cases provided for by law.

5.2. If there is a reason to extend the vacation, the employee must immediately notify the Employer by any means available to him, for example, by phone, e-mail, etc. To extend the vacation, the Employer does not need to issue a separate order to extend the vacation. In the presence of the above notification of the employee, the period of his vacation is extended automatically by the appropriate number of days, for example, days of illness.

5.3. The transfer of annual paid leave to another time is allowed if:

an employee falls ill while on vacation;

the provision of leave may adversely affect the normal course of the Company's work (in this case, the postponed leave must be used by the employee no later than 12 months after the end of the working year for which it is granted);

in other cases provided for by law (for example, when an employee is recalled from the main vacation).

5.4. If the vacation period changes at the initiative of the employee, then he submits to the Employer a corresponding application indicating the reason for the transfer. If the transfer is initiated by the Company, then the employee is sent a notification with a request to express his consent or refusal to transfer his vacation.

5.5. If both the Employer and the employee agree to the postponement of the vacation, then the employee of the personnel department draws up an order to postpone the vacation in any form and makes appropriate changes to the vacation schedule. At the same time, it is not required to approve the schedule in a new edition.

6. Feedback from vacation

6.1. The employer may, with the consent of the employee, recall him from vacation. Revocation may be necessary, for example, in the following cases:

the Company conducts an inventory, at which a financially responsible person must be present;

the Company conducts an on-site tax audit, during which the presence of the chief accountant is mandatory, etc.

6.2. In this case, it is prohibited to withdraw from vacation:

employees under the age of 18;

pregnant women;

employees engaged in work with harmful and / or dangerous working conditions.

6.3. If the employee agrees to be recalled from vacation, the Employer issues an order for recall in any form.

6.4 The unused part of the vacation, the employee can:

use at any time convenient for him in the current year or

add to next year's vacation.

7. Documentation of the granting of holidays

7.1. The order in which employees go on vacation is established in the vacation schedule, which is annually approved by the Company no later than December 17 of the current year.

7.2. The vacation schedule is drawn up and signed by the employee responsible for maintaining personnel records. After that, the General Director of the Company approves.

7.3. The vacation schedule is drawn up taking into account the opinion of the trade union, if any, in the Company.

7.4. The vacation schedule is obligatory for both the Company and its employees.

7.5. Employees of the Company shall be notified by signature of the start date of the vacation no later than two weeks in advance.

7.6. An employee who wants to go on vacation outside the order established in the schedule must write a corresponding application in any form. An application is also required if a vacation is taken by an employee hired after the approval of the vacation schedule.

7.7. When an employee goes on vacation, an order for vacation is issued, which is signed by the General Director of the Company. The relevant employee must be familiarized with this order against signature.

7.8. Based on the vacation order, the Company's accounting department draws up a note-calculation on the provision of vacation and accrues vacation pay to the employee.

8. Vacation followed by dismissal

8.1. At the request of an employee, the Company has the right to grant him leave with subsequent dismissal, except for dismissal for guilty actions. To do this, the employee submits a corresponding application to the Company.

8.2. Granting leave with subsequent dismissal is a right, not an obligation of the Employer. If the Company refuses to grant such leave to an employee, then it will have to pay him compensation for unused leave in the general manner.

8.3. If the Employer agrees to provide leave with subsequent dismissal, an appropriate order should be issued based on the employee's application.

8.4. Before the dismissed employee goes on vacation, that is, on the last day of his work, the Employer makes the final settlement with him, and also issues a work book and other necessary documents.

9. Leave without pay

9.1. The employer is obliged to provide the employee with unpaid leave in the following cases:

the birth of a child - lasting five calendar days;

marriage registration - lasting five calendar days;

death of a close relative - lasting five calendar days;

the employee is an old-age pensioner - for a period of 14 calendar days;

the employee is disabled - lasting 60 calendar days;

in other cases established by law.

9.2. The Company may provide an employee with leave at its own expense for any other good reason. At the same time, it is up to the Employer to decide whether this or that reason is valid or not.

9.3. To provide unpaid leave, an employee must write an application in any form. And the Employer, on the basis of the application, draws up an order to grant leave, which is signed by the General Director of the Company and which the employee gets acquainted with under his signature.

Useful video

From 2020, the list of persons who are granted leave at any time has been changed. Now this right extends to another category of workers. In the article, we have provided new rules that will help the accountant to correctly pay vacation pay in 2020.

New holiday rules

In 2020, employees have the right to choose their vacation time from January 1. All employees listed in the table must complete vacation schedule for 2020 in priority order otherwise, the fine for accounting is 50,000 rubles.

	What right is granted	Base
One of the parents (including a guardian, guardian, foster parent) raising a disabled child under the age of 18		article 262.1 of the Labor Code of the Russian Federation
Minor worker (under 18)	Annual paid leave is granted for 31 calendar days at any convenient time for the employee.	article 267 of the Labor Code of the Russian Federation
Honorary Donors	Annual paid leave is provided at will at a convenient time for the employee	Article 23 of Federal Law No. 125-FZ dated July 20, 2012
Pregnant women	Before maternity leave or immediately after it, or at the end of parental leave, the employee, at her request, is granted annual paid leave. At the same time, the work experience directly with the employer, where she works at the time of the vacation, is not important.	article 260 of the Labor Code of the Russian Federation
An employee whose wife is on maternity leave	At the request of such an employee, he is granted annual leave while his wife is on maternity leave, regardless of his length of service with the employer where he works at the time of the leave.	article 123 of the Labor Code of the Russian Federation
Employees who have adopted a child or children under the age of 3	Employees who have adopted a child are granted leave for the period from the date of adoption until the expiration of 70 calendar days from the date of birth of the adopted child, and in case of simultaneous adoption of two or more children - 110 calendar days from the date of their birth. At the request of employees who have adopted a child (children), they are granted parental leave until they reach the age of three years. In the event of the adoption of a child (children) by both spouses, these holidays are granted to one of the spouses at their discretion. Women who have adopted a child, at their request, instead of the leave specified in part one of this article, are granted maternity leave for the period from the date of adoption of the child until the expiration of 70 calendar days, and in case of simultaneous adoption of two or more children - 110 calendar days from their birthday.	article 257 of the Labor Code of the Russian Federation
Part-time employees	Persons working part-time are granted annual paid leave simultaneously with leave for their main job. Even if the part-time worker has not worked even 6 months, the employer is still obliged to let him go on vacation (in advance). Moreover, if the duration of vacation at a part-time job is less than at the main place of work, then in this case the employer, at the request of the employee, must provide him with leave without pay for the same duration.	article 286 of the Labor Code of the Russian Federation
Employees who interrupted their vacation at the request of the employer	An employee can be recalled from vacation only with his consent. In this case, the unused parts of the vacation are provided to the employee at a time convenient for him during the current working year or the next year.	article 125 of the Labor Code of the Russian Federation
Participants in combat operations or invalids of wars		pp. 17 p. 1 art. 14, Art. 16 of the Federal Law of the Russian Federation "On Veterans" dated January 12, 1995 No. 5-FZ
military spouses	The leave is granted simultaneously with the leave of the spouse.	paragraph 11 of Art. 11 of the Federal Law of the Russian Federation "On the Status of a Serviceman" dated May 27, 1998 No. 76-FZ
Parents of children with disabilities under the age of 18	One of the parents (guardian, custodian, foster parent) raising a disabled child under the age of eighteen is granted annual paid leave at his request at a convenient time for him.	article 262.1 of the Labor Code of the Russian Federation
Citizens awarded the "Hero of Labor" or "Hero of Russia"	Vacation is available at any time.	paragraph 3 of Art. 8 of the Federal Law of the Russian Federation "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" dated 15.01.1993 No. 4301-1
Father and mother with 3 or more children under 12	Vacation is available at any time.	article 262.2 of the Labor Code of the Russian Federation

The list will be replenished with employees who have three or more children. An important condition is the age limit (up to 12 years). The benefit will apply to both parents. A new article 262.2 was introduced into the Labor Code of the Russian Federation by federal law No. 360-FZ of October 11, 2018.

vacation schedule template for 2020

On our website you can download the vacation schedule for 2020.

You can fill in the vacation schedule online in automatic mode in the BukhSoft program. The program will tell you which columns to fill in without errors.

Fill in the vacation schedule online

To whom is the accounting department obliged to provide paid leave

Annual paid vacations are granted to all persons working under an employment contract in organizations of any form of ownership, regardless of the position held by the employee, the degree of his employment (full or part-time), work duties performed and the form of remuneration. Annual paid leave is also provided:

employees performing their labor duties at home (clause 4, article 310 of the Labor Code of the Russian Federation)
part-time workers (clause 2 of article 287 of the Labor Code of the Russian Federation)
employees with whom an employment contract has been concluded for a period of up to two months (Article 291 of the Labor Code of the Russian Federation)
seasonal workers (Article 295 of the Labor Code of the Russian Federation)

The head of the company has the right to provide leave to the employee "in advance" at any time. As for the obligation to provide leave, it arises only if the employee has the length of service necessary to receive leave (Article 121 of the Labor Code of the Russian Federation).

Related article: New rules for paying vacation pay from October 1

In addition to the basic annual paid leave, company policy may provide for additional annual leave. It can even be one day, for example, September 1st. But in some cases, additional annual leave is not the right of the employer, but an obligation. So, annual additional leave should be provided to employees:

with irregular working hours (Article 119 of the Labor Code of the Russian Federation)
workers in the regions of the Far North, including part-time jobs (Article 116 of the Labor Code of the Russian Federation)
workers in areas equated with the regions of the Far North, including part-time jobs (Article 116 of the Labor Code of the Russian Federation).
if their labor duties are of a special nature of work (Article 118 of the Labor Code of the Russian Federation)
if their working conditions, according to the results of a special assessment (SUT), are classified as harmful 2, 3 or 4 degree or dangerous (Article 117 of the Labor Code of the Russian Federation)
in cases provided for by the Labor Code of the Russian Federation or other federal laws (Article 116 of the Labor Code of the Russian Federation):

employees of representative offices of the Russian Federation abroad (the list of countries in which work gives the right to additional leave is approved by Decree of the Government of the Russian Federation dated April 21, 2010 No. 258)
municipal employee (Article 21 of the Federal Law of March 2, 2007 No. 25-FZ)
judges (clause 2, article 19 of the Federal Law of the Russian Federation of June 26, 1992 No. 3132-1)
prosecutors, pedagogical and research officer of the prosecutor's office of the Russian Federation (Article 41.4 of the Federal Law of 17.01.1992 No. 2202-1)
employees of the Investigative Committee (Article 25 of the Federal Law of December 28, 2010 No. 403-FZ)
customs officers (Article 39 of the Federal Law of July 21, 1997 No. 114-FZ)
civil servants for long service (Article 46 of the Federal Law of July 27, 2004 No. 79-FZ)
coaches and athletes (Article 348.10 of the Labor Code of the Russian Federation)
to rescuers of emergency rescue services and formations taking part in work to eliminate emergency situations (Article 28 of the Federal Law of August 22, 1995 No. 151-FZ)
citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site (Article 2 of the Federal Law of 10.01.2002 No. 2-FZ)
citizens exposed to radiation due to the disaster at the Chernobyl nuclear power plant (Article 14 of the Federal Law of May 15, 1991 No. 1244-1)

Related article: Calculation of vacation pay in 2019 in a new way

Vacation time in 2020

The employer is obliged to provide paid leave to the employee annually (Article 122 of the Labor Code of the Russian Federation). The duration of the main paid vacation is 28 calendar days (Article 115 of the Labor Code of the Russian Federation), including for external part-time workers (Article 284, clause 2 of Article 287 of the Labor Code of the Russian Federation), but an extended basic vacation is also possible.

Duration of basic annual paid leave

	Vacation duration, in calendar days	Base
workers under 18		Art. 267 of the Labor Code of the Russian Federation
disabled people		Art. 23 of the Federal Law of November 24, 1995 No. 181-FZ
child care workers
employees of educational, educational institutions, social service enterprises and healthcare institutions		Decree of the Government of the Russian Federation of October 1, 2002 No. 724
civil servants
municipal employees		paragraph 3 of Art. 21 of the Federal Law of March 2, 2007 No. 25-FZ

Duration of annual additional paid leave

	Vacation duration	Base
workers with irregular working hours		Art. 116, 119 of the Labor Code of the Russian Federation
professional athletes and their coaches	At least 4 calendar days	Art. 348.10 of the Labor Code of the Russian Federation
employees of representative offices of the Russian Federation in countries with special (including climatic) conditions	At least 3 calendar days	Decree of the Government of the Russian Federation of 21.04.2010 No. 258, Order of the Ministry of Foreign Affairs of Russia of 08.08.2011 No. 14299
employees with a special nature of work	determined by the Government of the Russian Federation	Art. 116, 118 of the Labor Code of the Russian Federation
employees of educational institutions (teachers)	vacation can be up to one year	Art. 335 of the Labor Code of the Russian Federation, Order of the Ministry of Education of Russia dated December 7, 2000 No. 3570
prosecutors, scientific and pedagogical employees of the system of the Prosecutor's Office of Russia	after 10 years of service - 5 calendar days after 15 years of service - 10 calendar days after 20 years of service - 15 calendar days	Art. 41.4 of the Federal Law of January 17, 1992 No. 2202-1
municipal employees	for length of service - no more than 15 calendar days	Art. 21 of the Federal Law of March 2, 2007 No. 25-FZ, the law of the subject of the Russian Federation
civil servants	with irregular working hours - at least 3 calendar days	paragraph 4 of Art. 45 and paragraph 5 of Art. 46 of the Federal Law No. 79-FZ of July 27, 2004, Decree of the Government of the Russian Federation of December 31, 2008 No. 1090
customs officials	with a length of service of 20 years or more - 15 calendar days for the performance of official duties in harmful conditions - from 7 to 14 calendar days, depending on the position in the regions of the Far North - 15 days in areas equivalent to the regions of the Far North - 10 days in high-mountainous, desert, waterless regions and other regions with severe climatic conditions - 5 days	Art. 39 of the Federal Law No. 114-FZ of 21.07.1997, Decree of the Government of the Russian Federation of 15.02.1998 No. 189, Decree of the Government of the Russian Federation of 10.12.1999 No. 1376
investigative committee staff	with a length of service of 10 years - 5 calendar days with a length of service of 15 years - 10 calendar days with a length of service of 20 years - 15 calendar days	Art. 25 of the Federal Law of December 28, 2010 No. 403-FZ
internal affairs officers	from 10 to 15 years of service - 5 calendar days from 15 to 20 years of service - 10 calendar days more than 20 years of service - 15 calendar days for performance of official duties in harmful conditions - at least 10 calendar days for performance of official duties in special conditions - no more than 10 calendar days for an irregular working day - not less than 3 and not more than 10 calendar days	Art. 58 of the Federal Law of November 30, 2011 No. 342-FZ
graduate students studying in postgraduate study by correspondence	30 calendar days	Art. 173.1 of the Labor Code of the Russian Federation
rescuers of professional emergency rescue services, emergency rescue teams participating in emergency response	No more than 15 days at the rate of 1 day of vacation for 24 hours of work
employees who are busy: In harmful and / or dangerous working conditions, confirmed by attestation of workplaces carried out before 1.01.2014 In harmful working conditions of the 2nd, 3rd or 4th degree or in dangerous working conditions, confirmed by certification of workplaces carried out after 01/01/2014	At least 7 calendar days	Art. 116, 117 of the Labor Code of the Russian Federation
Workers who provide direct care to TB patients (according to the list of employees)	14 calendar days	Order of the Ministry of Health of Russia, the Ministry of Defense of Russia, the Ministry of Internal Affairs of Russia, the Ministry of Justice of Russia, the Ministry of Education of Russia, the Ministry of Agriculture of Russia and the Federal Border Guard Service of Russia dated May 30, 2003 No. 225/194/363/126/2330/777/292
Employees involved in mental health care	30 working days	Art. 22 of the Federal Law of the Russian Federation of July 2, 1992 No. 3185-1, Resolution of the Ministry of Labor of Russia of July 8, 1993 No. 133
Doctors with irregular working hours who provide psychiatric care, as well as housewives who directly care for patients in medical institutions related to the provision of psychiatric and neuropsychiatric care	35 calendar days
Chief nurses of medical institutions directly related to the provision of psychiatric and neuropsychiatric care	28 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
Doctors of clinical laboratory diagnostics, laboratory doctors, laboratory assistants, medical laboratory technicians, orderlies of laboratories and institutions providing psychiatric and neuropsychiatric care	21 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
TB doctors who systematically perform x-ray diagnostic studies in institutions that are directly related to the provision of anti-tuberculosis care	21 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
Physicians, nurses and other professionals who diagnose and treat people with HIV	14 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
Employees whose work is related to materials containing the immunodeficiency virus	14 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
Doctors who directly provide TB care in specialized TB facilities	14 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
Nutritionists, dietary nurses, housewives, medical registrars in institutions related to the provision of psychiatric and neuropsychiatric care	14 calendar days	Decree of the Government of the Russian Federation dated June 6, 2013 No. 482
General practitioners (family doctors) and nurses of general practitioners (family doctors)	3 calendar days for continuous work in these positions for more than 3 years	Clause 1 of Decree of the Government of the Russian Federation of December 30, 1998 No. 1588
Employees of enterprises located: In the regions of the Far North In other regions of the North, where regional coefficients and a percentage of wages are established	24 calendar days 16 calendar days 8 calendar days	Art. 116, 321 of the Labor Code of the Russian Federation Art. 116, 321 of the Labor Code of the Russian Federation Art. 14 of the Federal Law of February 19, 1993 No. 4520-1
Employees from other districts working on a rotational basis: In the regions of the Far North In areas equated to them	24 calendar days 16 calendar days	Art. 302 of the Labor Code of the Russian Federation Art. 302 of the Labor Code of the Russian Federation
Citizens who fell ill and suffered radiation sickness caused by the consequences of the Chernobyl accident	14 calendar days
Participants in the liquidation of the consequences of the accident within the exclusion zone for the period 1986-1987	14 calendar days	clause 5 art. 14 of Federal Law No. 1244-1 dated May 15, 1991
Citizens who donated bone marrow to save the lives of people affected by the Chernobyl disaster	14 calendar days	clause 5 art. 14 of Federal Law No. 1244-1 dated May 15, 1991
Disabled persons for whom a causal relationship of disability with the Chernobyl disaster has been established	14 calendar days	clause 5 art. 14 of Federal Law No. 1244-1 dated May 15, 1991

The procedure for granting leave in 2020

Vacation regulations are a local document that is adopted within a particular enterprise.

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Despite the fact that the legislator has covered the relevant issue in some detail in the Labor Code of the Russian Federation, the employer has the opportunity to specify certain provisions and offer more favorable conditions to his employees.

word of law

In accordance with the legislation of the Russian Federation, an employee is entitled to paid leave annually. Its standard duration is 28 days. There are also special cases for granting longer holidays.

All employees are entitled to annual paid leave. Employees who have worked more than 6 months in a new place have the right to receive it.

There are also exceptions to this rule.

What does the Labor Code of the Russian Federation say?

The right to annual leave is enshrined in Art. 122 of the Labor Code of the Russian Federation. This rule also defines the moment when such a right arises.

In Art. 123 of the Labor Code of the Russian Federation contains information on the order in which vacations are granted, and 124 of the Labor Code of the Russian Federation contains questions on the extension or postponement of annual leave.

The following points are also disclosed in this codified act:

vacation sharing procedure;
opportunity ;
replacement of rest with monetary compensation;
realization of the right upon dismissal of an employee;
the procedure for granting leave;
vacation pay.

Is it necessary?

In addition to the Labor Code of the Russian Federation, the issues of granting leave are regulated by local documents of the employer, including the regulation.

The publication of such a document is not mandatory. In the Labor Code of the Russian Federation, all issues related to holidays are covered in some detail.

In what cases is it required?

Usually it is accepted when the employer wants to clarify any points or expand the rights of employees in comparison with those specified in the Labor Code of the Russian Federation.

We remind you that if certain norms adopted at the local level worsen the position of employees, then they are invalidated.

For which periods of rest is compiled?

We previously talked only about annual paid holidays.

However, in practice, the employee is provided with other periods of rest, including:

additional leave;
maternity leave;
leave without pay.

Each of them has specific grounds for granting, duration and payment procedure. The position can be left for each of them or only for individual varieties.

annual regular

Annual leave is granted to all employees who work on the basis of an employment contract.

The peculiarity of this rest period is that the employee retains his place, as well as the average salary.

What can be included in a vacation policy?

a special procedure for calculating the average wage rate, if this does not adversely affect the situation of employees;
an earlier deadline for the payment of vacation pay (according to the Labor Code of the Russian Federation - 3 days before the start of the vacation);
providing additional compensation, etc.

Additional

Additional holidays are due to individual employees - for example, those who work in irregular working hours.

The minimum duration of additional leave in this case is 3 days. But in the vacation provision, the employer may provide for a longer period.

Moreover, the employer, at his own request, can establish additional days of rest for employees in cases not provided for in the Labor Code of the Russian Federation.

Academic (educational)

Chapter 23 of the Labor Code of the Russian Federation defines guarantees and compensations for those employees who combine work with study. Among others, this is the provision of vacation.

On these days of rest, the average earnings are also maintained. The specific duration of such a vacation is approved in the Labor Code of the Russian Federation.

Please note that study holidays can also be without pay, which is also stated in the Labor Code of the Russian Federation.

Vacation regulations may provide for additional compensation to such employees, as well as longer vacations on appropriate grounds.

For irregular working hours

An irregular working day involves the provision of compensation to the employee in the form of additional days of rest - according to the law, at least 3 days.

In practice, a company may adopt a provision that specifies a longer period.

At your own expense

Employees are provided not only with paid rest days. In accordance with Art. 128 of the Labor Code of the Russian Federation, an employee, for a good reason, may ask for leave without pay.

Moreover, as a general rule, the employer has the right to issue an appropriate order. Without fail, this leave is granted in cases that are provided for in the norm under consideration.

The holiday provision may provide for additional situations where the employer undertakes to give the employee appropriate rest.

Decree

Maternity leave is granted to women before and after childbirth. This period of rest is paid and is calculated in the manner established in the Labor Code of the Russian Federation.

In the vacation regulation, the employer may establish a different duration of vacation, but only if this does not adversely affect the rights of the employee.

Long rest of teaching staff

Pedagogical workers are entitled to extended leave, the term of which is approved by the Government of the Russian Federation.

The Regulation may reflect the procedure for its provision, the conditions for registration, duration and other factors.

Holiday regulations in 2020

Vacation regulations are a local document in which the employer can provide additional rules, guarantees and obligations of employees.

As we have repeatedly emphasized, this act only supplements the provisions of the Labor Code of the Russian Federation. It cannot adversely affect the guarantees and rights of employees established by labor legislation.

The regulation is valid within the framework of one enterprise and is mandatory for all its employees.

General rules and procedure for registration

The right of the employer to accept local documents is enshrined in Art. 8 of the Labor Code of the Russian Federation.

The regulation on the procedure for granting vacations is drawn up as follows:

is developed by decision of the heads of the enterprise or its structural divisions;
the contractor forms the project;
the document is signed by the head, who takes effect after the issuance of the order.

The regulation does not have a clear structure. Its content may vary depending on the destination.

What information must be required?

The position must contain some mandatory details, including:

name of company;
name of the type of act;
date of;
registration number;
place of document formation;
stamp of approval;
the text of the provision;
visa approval document.

Structure

So, the provision on holidays may consist of the following sections:

types of holidays and their duration;
vacations granted to individual employees;
the procedure for granting holidays;
holiday payment arrangements.

There is no clear structure in the law. The employer has the right to form an act at its discretion.

Sample document

Here is a sample document. It contains only an approximate text of this act. It may vary from company to company.

Sample order of approval

We have already mentioned that the provision is put into effect by order.

This document is published by the head. The order determines the moment the act enters into force, as well as the person responsible for its implementation.

Order example:

Where and how much is stored?

Vacation regulations are most often stored in the personnel department or with the head. A copy of this document may be located in separate departments of the enterprise.

As for the period of storage, limit points have been approved at the state level - the position should not be destroyed for 75 years.

How and when should changes be made?

Changes should be made in two cases:

transformation of labor legislation;
transformation of the position of the employer.

Any transformation is also accompanied by the issuance of an order. Employees should be familiar with the new version of the document.

Compilation nuances

We have presented the general rules for the execution of the provision, as well as an approximate sample of the document. However, each case has its own nuances.

They should be taken into account when making a provision.

For state and municipal employees

The leave of civil servants is regulated by the rules of law adopted by the Government of the Russian Federation, as well as local authorities.

In these documents, the length of the rest time is determined. It cannot be less than 30 days.

Examples of provisions for this category of workers:

For graduate students

In accordance with Art. 173.1 of the Labor Code of the Russian Federation, graduate students are provided with additional paid leave - 30 calendar days. Moreover, their average wage is maintained for this period.

If the employee was admitted to the competition for the degree of candidate of science or doctor of science, then he is entitled to an additional leave of 3 and 6 months. Also payroll.

These guarantees are approved in the Labor Code of the Russian Federation. The employer can only provide benefits, but not restrict the labor rights of employees.

For residents of the Far North

Residents of the Far North are entitled to additional days of rest.

In accordance with Art. 321 their duration is 24 calendar days. the employer may approve more rest days.

For medical professionals

Leave to employees must be provided by all employers. However, the Vacation Regulations are an unusual document for many. Is the Regulation on holidays necessary for the employer and employee? We will talk about this in our consultation.

Do I need a vacation policy?

Labor legislation does not contain requirements for the employer to have the provisions on vacations. At the same time, the adoption of such a document will allow the employer and employee to clarify certain issues of granting holidays that are not regulated by the current legislation and are left to the discretion of the parties.

Vacation policy: sample

The regulation on holidays can both disclose issues related to the provision of all types of holidays to employees, and clarify only certain aspects. So, the organization may have the Regulations on annual additional paid holidays, the Regulations on holidays without pay, and others.

An example of the Regulations on annual additional paid holidays.