Types of employee's leaves in Russia

A working citizen, who signed an employment contract, has legally guaranteed rights prescribed in the Labour Code of the Russian Federation and the Constitution. One of the state’s fundamental guarantees for the officially employed person is the right to have a rest.

This right is implemented in the form of vacation — the free time from functional employment on weekdays, provided for a certain period. The Labour Code of the Russian Federation provides for several varieties of this form of recreation, each of which has its own characteristics.

Types of holidays are classified by frequency, the purpose of the provision, and payment:

Annual leaves:

  • basic;
  • optional (additional).

Unpaid or paid holidays in some cases:

  • at your own expense;
  • education leave;
  • with subsequent dismissal.

Maternity leave:

  • maternity leave;
  • leave for child care.

Annual vacation

During the working year, calculated not from January 1, but the date of conclusion of the employment contract, employees can go on vacation — the main and, under certain conditions, additional.

All employees are entitled to leave once a year with the retention of their position and complete payment of time. Its minimum duration is 28 calendar days, and some categories are entitled to have a more extended vacation:

  • disabled employees — 30 days;
  • teaching staff — from 42 to 56 days;
  • underage employed persons — 31 days;
  • employees of the municipality — 30 days;
  • employees of rescue services — 30–40 days;
  • judges and prosecutors — 30–48 days;
  • having a scientific degree — 36–48 days;
  • other categories.

The right to use such leave in the first year of work comes after 6 months of employment, but by agreement between the management and the employee, you can get a rest in advance.

This type of vacation is not provided spontaneously. At the beginning of the year, a vacation schedule is approved, in which each employee puts his signature on familiarization. On the basis of this document, the head issues a leave Order.

Some categories of employees must be given leave not according to the schedule but at any time convenient for them. Sometimes, if the management does not mind, the vacation time in the schedule can be moved.

At the employee’s request, the main vacation can be divided into several parts, one of which should not be shorter than two weeks.

The payment of the main annual leave is made on the basis of the calculated average earnings. If the employee didn’t use all the leaves and decides to resign, the company must compensate for unused leave days. Skipping a vacation for more than two following years is prohibited.

Additional annual leave

This type of recreation can be added to the main one or taken separately. It is not imposed on all employees, but only on certain categories represented in Articles 116–119 of the Labour Code of the Russian Federation as compensation for specific working conditions and social guarantees. Such employees include employees of the Far North, specialists working in harmful and dangerous conditions, people whose working hours are irregular, having many years of work experience, etc.

The state strongly welcomes the increase in citizens' education level, including working people, so the law has created conditions for those who continue to study on the job (Chapter 27 of the Labour Code of the Russian Federation).

In most cases, employees are entitled to have a paid leave of a fixed duration for sessions in educational institutions if they meet four requirements at the same time:

  • distance or evening training is provided;
  • the institution is accredited by the state;
  • the employee receives the first education of this level;
  • employee’s studies are going well.
For each type of educational activity (passing exams, preparation, defense, etc.), certain conditions and a fixed duration of permissible absence from the workplace are provided.

Unpaid leave

Some of the situations are provided for by law. For example, having a newborn in your family allows you to be absent for up to 5 days legally; a disabled employee can rest at his own expense for two months every year. In cases not provided for by law, the duration and time of leaving on such leave are decided depending on the specific situation.

Since approval is provided, a written statement of the employee, supported by documents, is required to grant this type of leave. On the basis of the application, a leave order is issued.

Maternity leave

This type of work release, associated with the birth of a child in the family, consists of two parts:

  • stay on sick leave due to pregnancy and childbirth;
  • leave for a small child’s care up to 1.5 or 3 years (Article 256 of the Labour Code of the Russian Federation).
The first type, for obvious reasons, is intended only directly for mothers. The child’s care can be carried out by another family member, for example, the father or grandmother of the child. In this case, the mother must provide a certificate to the place of work of a relative who is going on maternity leave, stating that she is not granted such leave. The law also allows you to divide such a vacation into parts, and different relatives can use each part.

While a parent or relative is on such leave, they are entitled to get state social security in the established amounts, depending on their average salary.

If the caregiver expresses a desire, he can keep the state support, working part-time or remotely.

This type of leave is fully counted in the work experience and guarantees the employee the retention of the workplace and position.

Vacation with subsequent dismissal

An employee can go on vacation, already knowing that he will leave this job. In this case, all the necessary preparations for dismissal, including the calculation, will be made on the last day of attendance at work, and the day of dismissal will be considered the last day of vacation. The type of vacation after which the dismissal occurs can be any.

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