Rules for granting additional leave to labor veterans and working pensioners. Unpaid leave for labor veterans

Based on the legislative basis of the Russian Federation, and more precisely on the federal decree "On labor pensions of the Russian Federation", absolutely all residents who have reached 60 years old (for males) and 55 years old (for females) can receive and have a labor pension by age.

Who is considered a labor veteran?

A labor veteran is a person who has conscientiously worked for more than 15 years in one industry, who has about 20 years in the final calculation of the labor (insurance) experience for a female, and 25 years for a male. This category of people has many letters of thanks, they could also be marked with significant orders and symbols of distinction. The title of labor veteran first appeared after the adoption of the law on the territory of the modern Russian Federation "On Veterans" dated 01/12/1995 No. 5-ФЗ.

Based on the above law No. 5-FZ, only some categories of citizens can be attributed to labor veterans, namely:

• Individuals who started their professional activities before reaching the full age of majority at the time of the start of the Great Patriotic War. However, the total length of service must be at least 40 for men and 35 for women.
• Individuals who were awarded medals, orders and titles of the Russian Federation, the USSR.

Extra leave law

Unpaid leave for labor veterans by the employer is an additional incentive, a benefit that is assigned to the employee at the regional legislative level. Use it or not, the employee decides.

Timing

Each employee who retired by age, but still working, in 2018 has the opportunity to apply for 14 days of free leave. The resulting period can be issued in one term or divided into several parts. This point is considered and discussed by the two sides of the working relationship.

A working veteran of labor has the opportunity to issue an additional vacation for 30 days, which is normatively indicated by Article 128 of the Labor Code of the Russian Federation. To issue it or refuse, it is up to the employee himself. He can also reduce the number of days based on his immediate need. Additional leave is issued in the same way as for pensioners who continue to work, with the exception of the period.

• One of the parents, if the child is disabled, or one of their couple is in long-term treatment at the clinic, provided that there are two children and both are under 15 years old - up to 14 calendar days per year.
• Veterans of war and labor - about 30 calendar days.
• Citizens who have invaluable services to the Fatherland - up to 14 unpaid days.
• Persons distinguished by significant merit - up to 21 calendar days.
• Pensioners who retired by age, as well as disabled people of group III - up to 30 free days.
• Citizens with II or IV disability group - up to two months (60 calendar days).

In all other cases, free days are provided in accordance with the general provisions.

Additional Information

If there are several categories that make it possible to issue days without pay, then the beneficiary must independently determine the article for which he will be granted additional leave. The number of days will be determined by the existing legal framework.

Step-by-step design instructions

Based on article 128 of the Labor Code of the Russian Federation, it is quite obvious that the employer is not obliged to provide the employee with additional free days and can easily refuse him. Provided that the employee does not fall under the categories of citizens to whom this right is guaranteed by the state.

In 2018, in order to formalize additional leave, a labor veteran must write an application from which the employer will receive the following information:

• FULL NAME. and the position held by the employee;
• the reason for which there was a need to receive free days;
• the period during which the employee will need to be absent.

Having received a statement according to the model, the head puts a resolution, according to which the decision is either positive or negative. Based on the consent of the director, the company creates an order for additional leave of the employee.

Note

If a labor veteran is in a category that is legally entitled to vacation days, then you can not wait for the creation of a regulatory document (order) and go on vacation. If the decision depends on the desire of the employer, then the correct action would still be to wait for the internal document, otherwise not being present at an individual workplace can be defined and designated as absenteeism.

An example of calculating additional leave for labor veterans

For example, an employee worked from the beginning of September 2017 to the end of July 2018. The total number of working days for this period is 226. Of this number, 184 days were spent working in hazardous conditions.

1. Let's calculate how many days worked out by a labor veteran in each month out of eleven:
   226 days divided by 11 months = 20.55 days per month.
2. Determine the total period of work in risky conditions:
   184 days divided by 20.55 days = 8.95 months. In this case, the fractional number is rounded up, with
   provided that the remainder after the decimal point means that more than half of the working month has been worked.
3. Let's calculate how many free days the employee is entitled to for 9 months of insurance experience, provided that the employee is given 24 days a year:
   24 days divided by 12 months = 2 days.

So, for each month worked in harmful conditions, 2 days of additional leave are required. So for 9 months - 18 days.

If in the final calculations a fractional number is obtained (for example, 15.7 days), then according to the letter of the Ministry of Health and Social Development of Russia dated December 07, 2005, it is rounded up, that is, the duration of the additional vacation will be 16 days.

Additional leave for labor veterans in Moscow

Article 128 of the Labor Code of the Russian Federation determines that old-age pensioners who continue to carry out their labor activities are provided with additional unpaid days in the amount of 14 calendar days a year. Working pensioners - veterans have the opportunity to go on administrative rest once a year for 30 days.

A complete list of benefits and privileges for labor veterans in Moscow:

• City cash reward paid every month as a financial supplement to the amount of pension received.
• Free treatment and prosthetics at the dentist (in public clinics, provided that the prostheses do not consist of precious stones).
• Free travel in all city vehicles (other than taxis).
• Payment of 50% of the fare on water transport (when traveling by water).
• Service in medical institutions is free, and there is also a discount on medications.
• A discount is provided for the purchase of tickets for airplanes or for the railway mode of transport.
• Veterans of labor can have 50% incentives in the form of discounts on housing and communal services (under a number of conditions they can be exempted from this cost item altogether).
• Exemption from certain tax payments.
• Obtaining a ticket to a sanatorium or health center (in order of priority).

Additional benefits are one of the best social supports for this segment of the population, confirming their importance, their invaluable contribution to the good of the Motherland.

Working pensioners, labor veterans are a category of the population whose rights are protected by law and the state. Compliance with the specified and prescribed laws regarding additional leave is mandatory for the administration of the enterprise.

Preferential categories of workers are always a difficulty for the employer. They may have a large number of features and indulgences in terms of schedule and working conditions. It is important to understand what are the features of providing leave to labor veterans in the Russian Federation in 2019.

What you need to know

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and IS FREE!

Additional leave may be granted on the basis of local regulations to any employees. Thus, regulation is carried out from the point of view of a voluntary decision of the employer.

But the legislation also establishes a number of categories of citizens for whom vacation registration will be mandatory. These are beneficiaries for whom special rights are provided in the course of labor activity. Those who received the title of Veteran of Labor are also considered such.

In this case, when going on vacation, a citizen has a number of additional privileges. And this moment is provided to him at the legislative level. Therefore, the employer must comply with all regulations.

Required Concepts

When considering this scope of legislative and legal norms, one should rely on the following concepts:

Who belongs to this category of citizens

First of all, in order to take advantage of such a benefit at the enterprise, the employee must receive the title of Labor Veteran. The procedure itself is simple, but not everyone can apply for this status.

• has the required number of years of experience - usually it takes 40 and 35 years, or 20 and 25;
• began his career during the Great Patriotic War;
• has awards, medals issued for labor activity both during the existence of the USSR and received already in the Russian Federation;
• there are departmental awards and insignia for work.

Only on the basis of such requirements can a citizen apply for the title of Labor Veteran. It is important to note that only the employee who has the citizenship of the country can receive the status and state benefits.

Photo: necessary actions for issuing a labor veteran certificate

Legal regulation

In terms of obtaining the status of Labor Veteran and the benefits that these categories of citizens can use, Federal Law No. 5-FZ “On Veterans” has been developed. This legal document includes data on what categories of veterans exist in the country and what kind of provision the state determines for them.

Article 7 refers specifically to Veterans of Labor. This article provides an understanding of the concept of this benefit and the procedure for its registration in Russia. Directly on social security data are available in article 22.

In terms of providing additional leave, one must rely solely on the provisions that are placed in the articles of the Labor Code of the Russian Federation. Article 128 of the Labor Code of the Russian Federation contains information on additional annual leave.

All categories of persons who may qualify for such a privilege are also placed here. Among them are Veterans of Labor, who are allowed to apply for leave at any time and the employer will have to let them go without pay.

You can also use local laws. Since the Law of the Moscow Region “On Social Support ...” No. 36 establishes a norm according to which Labor Veterans can receive annual paid leave at a convenient time for themselves. At the same time, unpaid leave for them was extended by five days - in accordance with Article 3 of the law of the Moscow Region.

Important Aspects

When registering a vacation, a citizen with the title of Veteran of Labor has the right not to consult with the employer. In this regard, the entire responsibility lies with the employer.

He needs to keep a record of such beneficiaries and create a “safety cushion” in case the employee wants to go on vacation. Since, according to the law, the employer cannot refuse him this.

The procedure for obtaining leave for this category will be standard. But you need to understand that despite the benefits, it is best to warn the employer about the possibility of going on vacation in advance. This will ensure good relations with superiors and it will not be difficult to select a replacement for the time the beneficiary is absent from the workplace.

In the course of exercising the right to receive vacation in a preferential regime, local laws must also be taken into account. They can expand the number of additional options.

Federal legislation creates a framework that acts as a minimum set of social and labor guarantees. But the regional authorities, based on their own needs, can expand this set.

Terms of receipt

There are a number of conditions to apply for a leave of absence. The initial step will be to provide the Veteran of Labor certificate to the employer. Only if you have an official status, you can count on the use of benefits.

There are several vacation options that are intended for the employee:

If the Labor Veteran has additional benefits (for example, disabled people are entitled to a number of concessions), then the privileges cannot be summed up. It is necessary to choose which option suits the employee more.

Additional leave for labor veterans (working pensioners)

In this area, local legislation governs the issuance of holidays. You should rely on his provisions. So, there are areas in which there are no additional benefits in this regard.

Then a pension recipient who works can only get 14 calendar days for additional leave - in accordance with federal law.

But there are regions in which there are additions for vacation days. For example, in the Moscow region, you can get 35 days of unpaid leave.

Without pay

In order to receive leave without pay from the employer, you must write an appropriate application. On the basis of such a document, a vacation is issued.

E that document looks like this:

It must include:

• legal provisions;
• the number of vacation days;
• employee and employer information.

Registration will be carried out on a general basis.

Out of turn

Out of turn leave is available only in certain regions of the country. There is no such plan in federal law. Therefore, the employee should initially study local regulatory documents.

In order to get leave out of turn, you should also rely on Article 123 of the Labor Code of the Russian Federation. In accordance with it, a Labor Veteran is considered a beneficiary who is given such leave.

As for the duration, it is established by the regional authorities. Therefore, this figure will vary depending on the place of work.

What are the benefits in this matter?

There is a slight division in terms of benefits that a Labor Veteran can receive in the workplace, and even more so when taking a vacation. There are only a few perks.

The first is the possibility of obtaining additional days for vacation. It is important to understand that these days will not provide for benefits.

Additional paid leave for this preferential category is not provided. Therefore, you can only issue a day off at your own expense.

The second option of the benefit involves the availability of additional days of unpaid leave. It can be issued only in cases where such an opportunity is offered by the legislation of the region.

Design mechanism

In order to get a vacation, you must go through the standard procedure:

• writing an application for the provision of rest - depending on which one was chosen, you need to use different wording;
• submitting it to the employer for consideration;
• receiving a leave order.

This algorithm is used to issue any type of vacation. No additional documents are required.

But at the first registration, you must provide a certificate of the title of Veteran of Labor. Since the employer needs to understand on the basis of which he issues benefits to the employee.

The standard application form is:

The legislation of the Russian Federation provides for retirement by age after 55 and 60 years for women and men, respectively. Employees of organizations located in the Far North and workers working in hazardous working conditions retire a little earlier on preferential lists. Many pensioners continue to work after the designated age.

In addition to old-age pensioners, there are two more categories: military pensioners and people receiving a disability pension. Relations between the employer and the employee of retirement age remain the same, but there are a number of guarantees provided for by the Labor Code of the Russian Federation.

Vacation types

The right to leave remains with pensioners, as with any employees of the organization. Two can be distinguished:

• annual regular- equals 28 calendar days. In regions with special climatic conditions, additional paid holidays are provided. Also, additional days of the next vacation are assigned to employees with a working day on an irregular schedule or working in conditions that are harmful to health. An employer may provide for additional leave for working pensioners in a collective agreement or local regulations, in accordance with Art. 116 of the Labor Code of the Russian Federation.
• Vacation at own expense, unpaid. Law, art. 128 of the Labor Code of the Russian Federation, the number of days that a pensioner can take on demand is provided. Working pensioners have the right to take at their own expense 14 days a year. Disabled persons are granted up to 60 days. The legislator granted the veterans of hostilities the right to 35 additional days without pay. If there is a right to leave for two reasons at once, then these holidays are not summed up. The death of a close relative entitles you to 5 days of vacation at your own expense.

Not only parents have the right to take leave to care for small children up to one and a half or up to three years, labor legislation provides for the right of grandparents to take such leave instead of parents. The child care allowance for a grandmother is calculated in the same way as for parents, based on average earnings.

Benefits for pensioners

Legally working pensioners have a number of benefits:

1. Discrimination in employment based on age is prohibited.
2. A contract with a limited duration - urgent, can be concluded with the consent of the employee of retirement age.
3. The right to a shorter working day.
4. Dismissal is possible upon application on the same day, there is no need to notify the employer two weeks in advance.
5. Preservation of the workplace in case of reduction due to high qualification.
6. The right to pension leave for working pensioners without pay up to 14 days a year.
7. Pensioners from the northern regions are refunded the cost of tickets for travel to the place of rest and back, once every two years.
8. No income tax is levied on pensions, material assistance, and other social payments.
9. Benefits for other tax deductions (property tax, land and transport taxes).

Additional paid leave

The cases when the next additional vacation is payable are listed in the legislation:

• Working in the Far North - 24 additional days.
• Those working in areas that are equated by law with the regions of the Far North - they are entitled to an additional 16 days. Workers in special climatic zones and remote areas - 8 days.
• Workers in hazardous conditions - up to 7 calendar days of additional rest. The workplace must be recognized as harmful, according to the special. assessment of working conditions.
• Disabled people are allowed up to 6 days.
• Employees who previously suffered from man-made disasters (liquidators of the Chernobyl accident) are entitled to 14 paid days of additional leave.
• Workers with an irregular work schedule - up to 3 days.

The procedure for granting leave to pensioners

Regular leave is granted to employees receiving a pension on a general basis. 2 weeks before the start of the calendar year, a schedule is drawn up, indicating the specific date for the start of the vacation. The employee must be notified at least 14 days before the start of the holiday. Additional paid leave is usually provided immediately after the next one. It can be taken in parts so that one rest period is at least 14 days, the remaining days can be spent at your discretion, but with the consent of the employer. Additional paid rest days can be taken in the form of monetary compensation in accordance with Art. 126 of the Labor Code of the Russian Federation, with the exception of additional days for harmful conditions.

Granting leave to working pensioners without pay is made upon application. Veterans and the disabled have the right to leave at any convenient time, the rest need the approval of the employer. The employer has no right to refuse the pensioner to use 14 days of additional rest.

Vacation registration

Granting of the next vacation is made according to the vacation schedule. In 2 weeks, the employee is notified of the start of the holiday, an appropriate order is issued. Vacation pay must be paid at least 3 days before the start of the vacation.

Leave without pay is granted at the request of the employee addressed to the director of the organization. The application shall indicate the name of the director, the name of the organization, position and full name. worker. It is enough to write in the text the dates from which and to what date the employee needs a vacation. The application is certified by the signature of the employee, the date of writing is put. The director approves the application, the employee of the personnel department issues an order, signs it with the head and acquaints the employee against signature.

The lawyer will answer your questions in the comments below.

The right to most benefits and privileges is acquired by labor veterans upon reaching retirement age. The benefits associated with labor legislation are no exception. It is not uncommon for people to continue working after they retire. It is clear that at this age, the load is already more difficult to bear, and more time is needed to restore strength. Therefore, one of the main "labor" benefits for working labor veterans is additional rest time. Consider the conditions under which additional leave is granted to labor veterans.

Vacation for labor veterans - legal grounds

Labor relations in Russia are regulated primarily by the Labor Code of the Russian Federation (Labor Code of the Russian Federation). Chapter 19 of the Code is devoted to the procedure for granting holidays.

Vacation for labor veterans in the Russian Federation (as well as for all other workers) can be divided into three types:

1. Basic paid vacation.
2. Additional paid leave.
3. Additional leave without pay (“at own expense”).

Let us consider how the rights of a labor veteran to leave are implemented in all these cases.

Basic paid leave for labor veterans

The annual main paid leave in the general case has a duration of 28 calendar days (Article 115 of the Labor Code of the Russian Federation). For certain categories of employees, the duration of the main vacation may be longer. This is due to the increased complexity and intensity of their work. For example, the law provides for the main vacation of a longer duration for teachers (Article 334 of the Labor Code of the Russian Federation).

However, benefits for labor veterans on the next vacation are not provided for by labor legislation.

Therefore, the annual basic paid leave for labor veterans can only be increased if they simultaneously belong to other privileged categories (for example, they work in the field of education).

Additional paid leave for labor veterans

The procedure for providing additional paid days of rest is reflected in Art. 116-119 of the Labor Code of the Russian Federation.

By law, these holidays are granted to employees whose labor activity takes place in special conditions:

1. Harmful or dangerous working conditions.
2. Irregular working hours.
3. Work in the Far North and equivalent areas.

There is no mention of labor veterans in this list. However, Art. 116 of the Labor Code of the Russian Federation allows employers to expand the list of employees eligible for additional leave. This decision should be enshrined in the collective agreement or other local regulations of the organization.

Thus, whether or not additional leave is paid to a labor veteran depends on the rules in force at a particular enterprise. At the federal level, paid additional leave for labor veterans is not provided.

Also, these issues are not regulated by regional legislation. Thus, paid additional leave for a labor veteran in Moscow or, for example, additional leave for labor veterans in Udmurtia will depend on the rules adopted at a particular enterprise.

Additional unpaid leave for labor veterans

In addition to paid holidays, labor laws allow employees to take unpaid leave, or, as they are often called, "at their own expense."

The procedure for their provision is reflected in Art. 128 of the Labor Code of the Russian Federation.

In this case, the employer is required to provide unpaid leave for a labor veteran to retirees who are in his state. How many vacation days are due to a labor veteran in this case depends on whether he additionally belongs to other preferential categories.

Vacation at their own expense for labor veterans of retirement age who are not entitled to other benefits is provided for a duration of 14 days.

Unpaid leave for labor veterans - participants in the Second World War can last up to 35 days.

The maximum unpaid leave is granted to a labor veteran if he is disabled. In this case, the duration of the additional rest time can be up to 60 days.

Conclusion

How many vacation days a labor veteran is entitled to is determined by the Labor Code and the regulations of enterprises. Paid additional leave for a retired labor veteran is not provided for by federal legislation. Whether an additional vacation is due to a labor veteran - in this case, it remains at the discretion of the management of the enterprise, which can include the relevant provisions in the collective agreement.

But the Labor Code of the Russian Federation provides for additional unpaid leave for labor veterans - pensioners. Its duration is from 14 to 60 days and depends on whether the veteran belongs to any other privileged category at the same time.

Somewhere abroad, an elderly person who has reached a certain age retires and begins to travel. In our country, the transition to retirement is often a new round in the working life of an active citizen. But the years take their toll, and it takes a little more time to restore strength than before. The Labor Code provides for additional rest time for working pensioners.

Leave for working pensioners under the Labor Code of the Russian Federation

The realities of modern life force a person to continue working not until the age limit determined by the legislator, but while there is enough strength. The Labor Code, in a sense, encourages this desire and does not give the employer grounds for the unauthorized dismissal of working professionals of an older age. In return, the labor legislation does not make tangible concessions and discounts for these specialists. This fully applies to the duration of vacations. For a working pensioner who has reached an age defined as old age and does not have an additional preferential status? there is only one type of annual regular paid leave of 28 days, art. 115 of the Labor Code of the Russian Federation.

Additional leave

If a working pensioner continued his career in a position that implies a special nature of work and working conditions, then only in this case he is entitled to additional days of rest, like all other, younger employees:

• work in the conditions of the North - 24 days;
• work in equivalent zones - 16 days;
• disabled people - 6 days;
• in difficult conditions - 7 days;
• Chernobyl victims - 14 days;
• with irregular schedule - 3 days.

Above is the minimum number of days. Each employer, depending on the policy of their company, can increase the number of days if necessary.

Without content Article 126 of the Labor Code of the Russian Federation

Not every employee is allowed to apply for additional days. Only those who have reached old age. This milestone is different for women (55 years old) and for men (60 years old). Vacation for working pensioners without maintenance under Article 126 of the Labor Code of the Russian Federation is designated as two weeks long. If a longer rest without maintenance is required (for example, as a veteran of military operations or a disabled person), then their duration is not summed up, but a longer period is selected that the employee can take.

What kind of vacation is due to a working retired labor veteran?

Until 2004, federal legislation (the Federal Law “On Veterans”) provided for one more additional leave at their own expense for pensioners with the status of a labor veteran. Under the old law, it was 35 calendar days without saving earnings. The modern edition abolished such a norm and attributed it to the competence of regional lawmaking. Since vacation is not provided according to the Labor Code of the Russian Federation (where they were saved), then the days laid down by local law and the code are summed up. A veteran who continues to work will receive 14+35=49 unpaid days per year.

Sample Application

To write an application for a vacation at your own expense to a working pensioner, a standard sample is used. The header indicates in whose name the appeal is written and indicate from whom (name and position, if necessary, the name of the production unit). You need to title the document “Application” and describe in the content that a working pensioner is asking for leave without pay on the basis of par. 3 parts 2 art. 128 shopping malls lasting up to 14 days. Another paragraph can be entered if the employee has additional benefits. It is the employee who specifies in his application how many days and when he wants to receive. The head, according to the law, can only agree with these requirements and terms.

Vacation benefits for working retirees

Articles 122 and 123 of the Labor Code of the Russian Federation establish the obligation to draw up a schedule of priority for taking annual leave and categories of workers who are given the right to receive an extraordinary vacation that is convenient for them. They do not include working pensioners. They can take their next paid vacation only according to the schedule. According to Art. 128 of the Labor Code of the Russian Federation, the employer is obliged to sign such an application without fail at any time.

It is worth saying that sometimes the employer, taking advantage of the lack of full legal literacy and emphasizing age, tries to convince a retired employee to conclude not an employment contract, but a civil law contract. An attempt to save on social contributions deprives the employee of all the guarantees provided for by labor legislation, since this type of contract falls under the Civil Code and has nothing to do with the Labor Code of the Russian Federation.