How many days of rest, including additional ones, is the employer obliged to provide to an employee who donated blood on the day of rest for the previous blood donation?

12.07.2019

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Among the many social problems in Russia, the most important is the shortage of donor blood. The government is actively pursuing policies aimed at increasing the number of donors and strongly encourages people who voluntarily donate blood. In addition to material and financial remuneration, workers are also provided with a temporary break from work - time off for donating blood. The procedure for registering and using paid days is considered standard and consists of several steps that you should be aware of.

Time off for donating blood

The provided non-working days for the purpose of donating blood are a motivation for working citizens to join the ranks of Russian donors. For this purpose, the most comfortable conditions are created that allow you to save free time and receive paid time off during the year for donation.

Legal regulation

The labor legislation of the Russian Federation provides certain benefits and privileges for working citizens who wish to donate blood free of charge. According to Law No. 125-FZ, management is obliged to provide social guarantees to donors. Detailed explanations are contained in Art. 186 of the Labor Code of the Russian Federation, which clearly indicates that an employee has the right to receive a three-day exemption from work duties.

• When a medical examination is ordered to confirm the absolute health of the donor. It is carried out the day before the blood draw. A person confirms his absence from work with the appropriate document - a certificate in form 401/у.
• On the date of donation. After completing the procedure, the employee is supposed to rest, therefore, he can take a break from work. The supporting document is considered to be a certificate in form 402/у.
• On any other day. The employee has the right to take additional time off at another suitable period for him. In practice, it is often added to annual leave.

In addition to a two-day rest for rehabilitation, donors are entitled to other benefits, which are reflected in Law No. 125-FZ.

1. Providing enhanced nutrition after a person donates blood. These are meat, chocolate, dairy products. If you refuse lunch, you can replace it with red fish, caviar, and juices.
2. Vouchers to a resort or sanatorium at a reduced rate. They are provided to individuals who have donated the maximum volume of blood twice in a year.

Additional privileges are provided to employees who have received the title of “Honorary Donor.”

1. Extraordinary treatment in public clinics and medical institutions.
2. Discounts on the purchase of medicines.
3. Providing a vacation period at a time convenient for the employee.
4. Purchasing sanatorium and resort vouchers on a priority basis and with a 50% discount.
5. Receiving an annual cash bonus (the amount in 2021 was 14,105 rubles).

Attention! Based on the above, you should once again be convinced that donation is a noble cause. By sharing your own blood, you can help those in need, and you can quickly recover if you rest on the days provided.

What day can I take it?

In addition to the two days during which the medical examination and blood sampling itself were carried out, each donor is entitled to another non-working day for rehabilitation. If, after completing the procedure, he returned to work to perform labor functions, he is entitled to two days off.

Since it is permissible to donate whole blood - CC no more than five times, and plasma - no more than twelve times per year, then during the billing calendar period the donor is able to accumulate from five to twenty-four vacation days in excess of the norm. If an employee visited the transfusion station on weekends, holidays, or while on vacation, this day is counted toward one more time off.

When a subordinate decides to perform labor functions immediately after the end of the donation procedure, he must agree on this possibility with his superiors.

• If the initiator is an employee, he must submit a petition and obtain permission, since persons engaged in hard work and hazardous work are prohibited from working on this day.
• If the proposal comes from management, it is obliged to draw up an order requiring the subordinate to go to work on a specified date, but he has the right to refuse.

All donor days received are a benefit valid for 12 months from the date of donation, so the employee is obliged to take advantage of it during this period. He has the right to arbitrarily choose vacation dates and indicate them in his application.

New registration rules for blood donation.

According to clause 3 of Order of the Ministry of Health No. 1166n dated October 28, 2020, clause 6 of Order No. 972n dated September 14, 2020, certificates in 2021 are issued on paper.

The recording form is arbitrary. This can be a special form from a medical organization or a stamped A4 sheet.

The certificate is signed by the responsible medical worker and certified by the personal seal of the medical organization indicating the details of the institution.

The certificate must contain complete information about the donor (full name, address), date of blood donation, information about the day of donation and examination.

Important! If all the information in the certificate, even in an outdated form, is provided to the employer, and the one-year period from the date of blood donation has not yet expired, then the days of donation and examination must be paid.

The procedure for providing and registering donor leave at your own expense

Any employee has the right to go to a transfusion center during a work shift to have their blood drawn. Absence from the company will not be regarded as a violation if he arranges time off in advance. The procedure is considered standard and consists of several stages:

• the employee draws up a report on the required donor leave and submits it to the boss;
• he accepts the form, endorses it and prepares the order;
• it is signed by the director and the subordinate himself;
• the document is sent to the accounting department for recalculation;
• the date of leave and details of the order are recorded in the time sheet.
• payment is calculated.

There is another option. The employee is absent for the entire shift at the enterprise, but upon returning the next day he submits a donor certificate. In this case, the registration procedure is simplified, and management proceeds to the stage of accrual of funds.

Validity period of the donor certificate

One of the conditions for receiving time off for donating blood is having a medical document. This is considered to be a certificate drawn up on the basis of the approved form:

• No. 410/u – based on preliminary medical examination;
• No. 402/u – on the fact of donation.

The document has a limited period and is considered valid for one year from the date of blood collection. Therefore, the employee has the right to use time off only during this time. However, some categories of workers are required to register a non-working day following the date of donation within the prescribed period. These are:

• employees whose work activity is considered difficult;
• persons who spend working time in a hazardous work environment due to their profession.

It is important to know! Such employees need more time to recover their health, so they are prohibited from postponing their vacation to another period. Often, having received a donor certificate, people are interested in how many days off they are entitled to. In reality, no more than the law - 2 days.

Application, order

To get an additional day off, the employee must write an application for time off for donating blood. Since there is no approved form, it is drawn up in free form. In this case, the following data must be entered into the document.

• Full name of the applicant and personal information about the manager;
• the text of the application requesting vacation on the specified dates;
• basis for the application (donation);
• details and the supporting document itself (certificate):
• signature, initials of the originator and date.

It is important to know! After the application for donor days for vacation is signed by the head of the department, it goes to the head of the enterprise. If approved, he endorses the document and transfers it to the personnel service to draw up the text of the order. It is free-form but should contain basic information.

• Details of the organization, company.
• Name of the document, assigned serial number and date of publication.
• Text reflecting the order to arrange time off for the donor (indicate full name and position).
• Additional day off date.
• Grounds for provision – name and details of the submitted certificates.
• Last names and initials of the parties and their signatures.

Next, the document is sent to the accounting department for accrual of funds.

Display in the timesheet

Allotted time off for donating blood, as well as absences from the enterprise for other reasons, are recorded in the working time sheet. This document is considered indispensable in personnel records management.

• To indicate the provided day of rest, a special alphabetic and numerical coding is used. In the first case it is “OB”, in the second it is “27”.
• If the employee continued to work on the day of blood donation, his o and “01”.
• In order to highlight the date of donation as a day off and not confuse it with other days off, you should use other codes: “G” or “23”. This means that the employee is absent due to official or government tasks.

If marks were made that differed from those indicated, then upon presentation of supporting documents, they will be adjusted accordingly.

Additional day of rest

Article 186 of the Labor Code of the Russian Federation, in addition to direct rest on the day of blood donation, indicates the need to provide an additional day off. It must also be paid by the employer based on average earnings. This day off is a kind of encouragement for social activity and consciousness.

How to use

Additional time off can be taken by a donor in several ways. Moreover, when determining its choice remains exclusively with the employee himself. The manager cannot influence the choice of date or set restrictions in any way.

Time off is given to the donor in two ways:

1. Immediately after the day of blood donation. In this case, he does not require the employee to write a statement.
2. On any other date.

When transferring additional time off, it must be taken into account that the right to receive it remains for a year and does not transfer to the next calendar period. Citizens can accumulate additional days and form such mini-vacations from them. In the application for vacation, it is necessary to indicate all the actual periods for which it will be issued. After submitting a written request for leave, it will be virtually impossible to change the dates entered.

Donor days during shift work

Labor legislation provides donors with two days to rest and recuperate. However, it does not take into account the specifics of constructing a work schedule:

• five or six days with an eight-hour working day;
• in two or three days;
• Twelve hour shifts with two days off.

The Labor Code of the Russian Federation does not contain provisions regarding the procedure for issuing, registering and paying for time off when carrying out work activities with a shift schedule. Such information can be found in letters No. 3287-6-1 of 2009 and No. 402-6-1 of 2012 of the Federal Service for Labor and Employment. They say that the time off should coincide with the work shift, but the duration of rest will be no more than eight hours. If it lasts longer (12, 42 hours), the missing time must be made up in the form of modifications. Everyone knows how long a donor certificate for time off is valid. Therefore, it is recommended to use rest days before the end of its term.

Shift work: payment features.

How is payment for donor days carried out on a shift schedule ? For example, when working every 3/2 days or according to another schedule, the time that coincides with the actual duty and spent on donation is paid according to the average hourly earnings.

• If the day falls on the employee’s day off, the employer provides the donor with an additional day off.

It is prohibited to provide a day of rest during an actual non-working period. In addition, it is paid according to the law.

Payments to donors [12.54 KB]

Paid time off for donating blood

Part 5 of Article 186 of the Labor Code of the Russian Federation states that the employer is obliged to maintain wages when calculating funds for time off. The recalculation procedure is based on such a concept as average daily earnings. Its size is determined as follows. The annual salary is summed up along with bonuses and other compensation and divided by the number of working days actually worked. If less than a year has passed since employment, then the earnings for all months of stay in the company are added up.

If time off is added to the next vacation, the calculation must be carried out separately, since when calculating vacation pay, the average number of calendar days worked is taken as the basis. It should be remembered that all taxes and contributions are charged on compensation for time off, as well as on wages.

Maintaining average earnings

The day of medical examination, blood donation and additional day off must be issued by the employer while maintaining average earnings. This means that they must be paid in a general manner - when calculating wages, and not separately upon registration.

To calculate the amount of payment for donor days, one must be guided by the standards set out in Article 139 of the Labor Code of the Russian Federation.

They establish the following calculation rules:

1. The amount of wages accrued for the billing period is taken.
2. It is divided by the number of days worked in a given month.
3. The amount received is multiplied by the number of days off provided.
4. The calculation is made in the month in which the donor holidays were issued, and not in the month in which they were issued.

The amount of wages includes all accrued income, which is an incentive for the work performed. Financial assistance or social benefits are excluded from the total salary. Vacation and sick pay accrued during this period are also not taken into account. Please note that income should be divided by actual days worked, and not by calendar days.

Methods for encouraging donors and a list of benefits in 2020

Federal Law No. 125, adopted in 2012, stipulates all methods of encouraging donors. According to the norms, they are provided with free food after donating biological fluid (meat and dairy dishes, red caviar, chocolate). They can replace lunch portions with fish, natural juice and caviar.

Citizens who have donated the maximum amount of biomaterial are provided with vouchers to the resort by the state.

Persons who have been awarded the title “Honorary Donor” (if they have donated blood 40 times and plasma 60 times) in 2019 can:

1. Receive medical care in government medical institutions without waiting lists.
2. The vacation period can be chosen as desired.
3. Get a ticket to the resort ahead of the queue.
4. Receive a cash reward every year (in 2021 its amount is 13,041 rubles).

Is it necessary to notify the employer?

A donor certificate, which is issued after the collection of biomaterial, is quite enough to ensure that the employer does not apply sanctions for missed days. Absence in this case is a valid reason, therefore, they have no right to levy fines, force them to work overtime, reprimand or dismiss such an employee. If management violates this rule, then you should contact the Labor Inspectorate or the prosecutor's office.

But in order not to spoil relations with management and colleagues, it is still worth informing at work in advance that a blood donation is planned. If the donor has planned the collection of biomaterial with good intentions, then the most convenient date for visiting a medical facility can be discussed. For example, move it to the weekend so that you can increase your vacation later or on less busy days.

However, many donors go to donate blood for the purpose of getting a day off (for example, on a birthday). In this case, it is worth warning management about your intentions several days in advance. There is no need to write an application.

In case of urgent blood donation, a verbal warning from the employer is sufficient. It is necessary to call management and report unplanned absenteeism.

How is payment processed on non-working days?

Payment for donor days on a day off follows the following rules. A day is not subject to payment if it was a day off, but the employee donated blood.

But for this day the employee is given an additional 2 days. rest, but he needs to use these days within 12 months. They are paid based on average earnings.

When is the payment due?

The payment period for donor days depends on the day on which salaries are paid at the enterprise. The employee must be paid for the days of his donation on the following salary/advance days.

If the employee added additional days off to vacation, they are paid along with vacation pay.

Benefits for blood donors: in 2021, in Moscow.

Benefits for honorary donors

Every adult citizen can become an honorary donor to Russia. To do this, you will need to donate blood more than 40 times free of charge. Honorary donors are given a certificate and badge. They can also count on benefits:

• priority to receive a free trip to the sanatorium;
• providing vacation at a convenient time, at your request;
• priority receipt of assistance in municipal medical institutions.

Also, regional authorities can independently create benefits for honorary donors. For example, some cities offer incentives for people in this category:

• free travel on municipal transport;
• payment for housing and communal services with a 50% discount;
• free dental prosthetics in municipal clinics.

Honorary donors receive an annual compensation of 12,373 rubles. You need to register it with the social service at your place of registration. Funds are transferred to a bank account.

The donor day is paid according to the scheme described above. In this, honorary donors are no different from ordinary volunteers who decide to donate their blood for the first time for the sake of other people.

Donor days are a grace period during which monetary compensation and days off are provided to people who donate blood. They can count on an increase in vacation time or the issuance of money in exchange for unused vacation days.

Vacation pay

To calculate the amount of vacation pay, you need to use your average daily earnings.

This follows from Part 4 of Art. 139 of the Labor Code of the Russian Federation and clauses 9 and 10 of the Regulations approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922 (hereinafter referred to as the Regulations on Average Earnings).

We will show you with an example how to calculate vacation pay when an employee has months not fully worked in the pay period.

Example 3. Calculation of vacation pay

Employee of Amethyst JSC O.L. According to the vacation schedule, Khrustalev goes on vacation from June 15 for 14 calendar days. In the billing period (from June 1, 2014 to May 31, 2015), the employee received a salary in the amount of RUB 384,567. During the pay period, the employee:

• was on vacation from August 18 to August 31, 2014 (14 calendar days);
• temporarily disabled from November 10 to November 18, 2014 (9 calendar days);
• on a business trip from February 9 to 12, 2015 (4 calendar days);
• donated blood on January 21 and April 28, 2015 (2 calendar days).

We need to calculate O.L. Khrustalev the amount of vacation pay for 14 calendar days of annual paid leave from June 15 to June 28, 2015.

The employee worked fully 7 months of the pay period:

• in 2014 - June, July, September, October and December;
• in 2015 - March and May.

Four months have not been fully worked out. Let's calculate the number of calendar days in them:

• in August 2014 - 16.06;
• in November 2014 - 20.51;
• in January 2015 - 28.35;
• in February 2015 - 25.11;
• in April 2015 - 28.32.

The calculation of average earnings will include 323.45 days (29.3 days x 7 months 16.06 days 20.51 days 28.35 days 25.11 days 28.32 days).

Average daily earnings for vacation

When calculating average earnings, time is excluded from the calculation period, as well as amounts accrued during this time, when the employee was on vacation, a business trip, was sick or donated blood (clause 5 of the Regulations on Average Earnings).

The average daily salary for vacation is 1188.95 rubles. (RUB 384,567: 323.45 days).

Vacation pay

Average earnings maintained by O.L. Khrustalev for the vacation period will amount to 16,645.3 rubles. (RUB 1,188.95 x 14 calendar days).

N.A. Wart

It means that:

1. If blood was donated on a working day and the person was working, he will be paid in the amount of the employee’s average earnings.
2. If a holiday period was used for the act of donation or the person did not work on that day, then the payment is also in the amount of average earnings.

You can estimate approximately how much money they will give for this day off if you take the accruals for the previous year and divide by 12 and 29.4 (the average monthly number of calendar days).

Do you need expert advice on this issue? Describe your problem and our lawyers will contact you as soon as possible.

Previously, at the request of the employee, the administration was obliged to compensate him for unused severance with a sum of money equal to average earnings.

Currently, such legal norms no longer apply.

According to current legislation, a citizen is obliged to use rest days within a year from the date of selection of the material (date of certificate). Then they “burn out.”

Our experts monitor all changes in legislation to provide you with reliable information.