The years of conscientious and hard work that labor veterans have behind them require the provision of various social support measures to this category of persons. However, despite their significant work experience, many of them continue to work even after receiving the appropriate status and retiring.
In this regard, many beneficiaries of this group are interested in the question of how to use the right to leave.
Legal basis
Labor veteran status is assigned to persons on the following grounds:
- long work experience - depending on the field of activity, from 20 to 49 years for males and from 25 to 35 years for women;
- the presence of orders, medals and awards for distinctive work.
The citizen receives a title and the right to additional vacation days. Benefits are provided in accordance with the rules of Federal Law No. 5-FZ.
Who is considered a labor veteran?
A labor veteran is a person who has worked conscientiously for more than 15 years in one industry, and whose final calculation of work (insurance) length of service includes 20 years for women and 25 years for men. This category of people has certificates of gratitude, they are also marked with orders and insignia. The title of labor veteran first appeared after the adoption of the law of January 12, 1995 No. 5-FZ “On Veterans”.
The following categories of citizens can be classified as labor veterans:
- Individuals who began their professional activities without reaching full age at the start of the Great Patriotic War. However, the total insurance period must total at least 40 years for men, and 35 years for women.
- Citizens who were awarded awards, medals, orders and titles of the Russian Federation and the USSR.
The right of a labor veteran to additional leave at a time convenient for him
Regulations and rules for providing additional leave to labor veterans are established at the regional level. The following options for granting privileges are available:
- weekends without pay at a time convenient for the citizen;
- additional paid days.
ATTENTION! Unpaid rest days are not regulated by working conditions. They are provided when writing an application.
How many days of additional leave is a working veteran entitled to?
Features of the implementation of the right to rest, enshrined and guaranteed by the Constitution of the Russian Federation, are disclosed in the norms of the Labor Code.
Each employee has the right to apply for several different types of leave (with the exception of periods of temporary disability).
Let’s take a closer look at exactly what vacation options exist.
Paid annually
The period is 28 days, its provision is mandatory for the employer, however, at the request of the employee, it can be replaced with monetary compensation. For some categories of employees, its duration may be longer.
Additional paid
Not all workers can count on it, but only those who perform a work function under special working conditions that are harmful to health.
Unpaid
This leave is granted to the employee at his request or in agreement with the employer, but the rest period is not paid. Absolutely all labor veterans before 2004 could count on him.
The Labor Code of the Russian Federation (Article 128) contains a list of categories of beneficiaries for whom the provision of the right to a certain number of days of rest without pay is mandatory for the employer:
- WWII veterans – up to 35 days;
- disabled people – up to 60 days;
- any pensioners – up to 14 days.
The norm itself does not indicate such a group as “labor veterans,” however, it should be borne in mind that the vast majority of them are pensioners who have the right to count on a vacation lasting at least 2 weeks. However, if regional legislation provides for the possibility of providing a 30-day vacation, then the veteran is entitled to vacation for exactly 30 days.
Important! Unpaid leave is an additional right of a veteran, so he can take a shorter period (at his discretion) or not use it at all.
Duration of additional rest
The duration of additional leave for veterans may vary in the regions of Russia. For example, according to the Moscow Region Law No. 36/2006-OZ “On Social Support,” the duration of additional days off without pay is 35 days.
At the federal level, there is a benefit regulated by Art. 128 Labor Code of the Russian Federation. According to the article, working pensioners are given the right to two weeks of additional unpaid rest. You can receive them at any time by notifying your manager.
IMPORTANT! The Labor Code of the Russian Federation does not prohibit dividing the available 14 days into two or more periods.
If an employee applies for additional days on two grounds, he can only use one of them. For example, if a pensioner has the right to 14 days of leave in accordance with Art. 128 of the Labor Code of the Russian Federation and 60 days due to the disability group assigned to him. In this case, the citizen has the right to use the longer period.
Who is entitled to
Thus, the list of benefits that are provided for such beneficiaries as labor veterans is contained in Federal Law No. 5-FZ of January 12, 1995 “On Veterans”. It was in this regulatory act that it was stated that honorary workers have the right to unpaid leave of up to 30 days at any time, not taking into account the main periods of rest.
However, after amendments were made in 2004, the relevant norm became more vague. It only contains an indication that the possibility of providing this benefit remains at the discretion of regional authorities.
The vast majority of subjects adopted relevant regulations in which this right was reserved for veterans.
Attention! If the availability of leave is determined by regional legislation, then the procedure for its provision is regulated by federal regulations.
Registration procedure
To apply for leave, a veteran of labor acts as follows:
- Draws up a statement addressed to the manager.
- Attaches to it a document confirming the status of a beneficiary.
- Familiarize yourself with the contents of the order and sign it.
- Receives money (if the vacation is paid).
The content of the employee's application states:
- full name of the organization indicating the registration form;
- Full name of the head;
- Full name and job title of the applicant;
- reference to the legislative act on the basis of which the citizen requests leave;
- the number of days requested and the start date of the vacation;
- signature;
- Date of preparation.
A sample application is available here.
Based on the received application, the manager issues an order. It can be drawn up on a universal T-6 form or the organization’s own form.
The contents of the order reflect the following information:
- company name indicating the registration form;
- date of preparation of the document and its number;
- order to provide unpaid leave;
- personal data of the employee (full name, position, name of structural unit);
- rest period;
- signature of the manager and employee.
A sample order is available here.
How to get extra days off
The procedure for agreeing to receive additional days of rest for labor veterans is different in that it is declarative in nature. In other words, if the main leave is given to employees on the basis of an approved schedule, then in the case under consideration the veteran must notify the employer by sending him a report at any time convenient for him.
The document itself is drawn up in the name of the head of the organization. It is a mandatory requirement to indicate the start and end dates of the vacation in the application.
As for how many days before the vacation itself to submit an application, there are no clear instructions in the Labor Code in this case. It is best to write it one week before the expected date, since during this time the employer will be able to prepare the necessary administrative documents and make adjustments to the organization of the work process caused by the unplanned absence of the employee.
Reference! It is strictly not recommended to go on vacation if there are only verbal agreements, since otherwise the employer may accuse the employee of absenteeism, and the latter will not be able to prove the opposite due to the lack of documentary evidence of the legality of failure to appear at the place of work.
An example of calculating additional leave for labor veterans
In order to correctly calculate the amount of free vacation days a labor veteran is entitled to, we will give an example of calculating these days based on the total amount of time worked in hazardous conditions.
For example, an employee worked from the beginning of September 2021 to the end of July 2021. The total number of working days for this period is 226. Of this number, 184 days were spent working in hazardous conditions.
- Let's calculate how many days a labor veteran worked in each month out of eleven:
divide 226 days by 11 months = 20.55 days per month. - Let's determine the total period of work in risky conditions:
divide 184 days by 20.55 days = 8.95 months. In this case, the fractional number is rounded up, provided that the remainder after the decimal point means that more than half of the working month has been worked. - Let's calculate how many free days an employee is entitled to for 9 months of insurance coverage, provided that the employee is given 24 days a year:
divide 24 days by 12 months = 2 days.
So, for each month worked in harmful conditions, 2 days of additional rest are required. That means 9 months – 18 days.
If the final calculations result in a fractional number (for example, 15.7 days), then, according to the letter of the Ministry of Health and Social Development of Russia dated December 7, 2005, it is rounded up, that is, the duration of the vacation will be 16 days.
One of the benefits for labor veterans includes the provision of leave without pay for a period of 30 days, which can either be issued or not. All registration requirements for labor veterans are the same as for working pensioners (except for the duration of free days).
Registration process
Based on Art. 128 of the Labor Code, it is obvious that the employer is not obliged to provide an employee with additional free days and can easily refuse. Provided that the employee does not fall under the categories of citizens to whom this right is guaranteed by the state.
Interested workers should know that Art. 126 of the Labor Code of the Russian Federation provides for the opportunity to replace part of the rest with monetary compensation.
To officially register leave, a labor veteran must write an application from which the employer will receive the following information:
- Full name and position held by the employee;
- the reason why there was a need to receive free days;
- the period during which the employee must be absent.
Having received a statement according to the sample, the manager puts a resolution according to which the decision is either positive or negative. Based on the consent of the director, an order is created at the enterprise for additional leave of absence for the employee.
If a labor veteran is in a category that is entitled to vacation days by law, then you don’t have to wait for the creation of a regulatory document (order) and go on vacation
. If the decision depends on the wishes of the employer, then the correct action would be to wait for the internal document, otherwise non-presence at an individual workplace may be determined and designated as absenteeism.
The employee is required to read and personally sign the order confirming that he is familiar with it.
Important! In the same way, all this is formalized with an application and order at a time convenient for the veteran for the required number of days (but not exceeding those specified by law). The administration does not have the right to refuse to provide additional leave to labor veterans without pay, citing production necessity. Otherwise, this issue will be resolved in court.
Providing leave without pay
The existing regulatory framework provides that the employer undertakes to provide the working pensioner with administrative time off, not paid for with wages, if the latter writes and submits a handwritten application (a. 3, part 2, article 128 of the Labor Code).
Unpaid leave for labor veterans by the employer is an incentive, a benefit that is assigned to the employee at the regional legislative level. The employee decides whether to use it or not.
Every employee who has retired due to age, but is still working, has the opportunity to take 14 days of free rest. The resulting period is issued as one term or is divided into several parts. This item is considered and discussed by the two parties to the working relationship.
A working veteran of labor has the opportunity to apply for an additional period of 30 days, which is normatively indicated in Art. 128 TK. Only the employee himself decides whether to issue it or refuse it. He can also reduce the number of days based on need. Time off is processed in the same way as for pensioners who continue to work, with the exception of the period.
Categories of citizens who have the opportunity to take free days without payment at the required time:
- One of the parents, if the child is disabled, or one of them is undergoing long-term treatment in a 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 who have distinguished themselves by significant merits – up to 21 calendar days.
- Pensioners who retired due to 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
.
If there are several categories that make it possible to register days without pay, then the beneficiary must independently determine the article for which additional leave will be provided. The number of days is determined by the legal framework.
Important! If the unused basic leave is retained by the employee and transferred to the next calendar period, then this does not apply to additional leave for a working pensioner or labor veteran without pay - it is not transferred or accumulated, and, therefore, is not compensated for in the calculation (since .free).
What legal norms govern
Issues of granting leave to labor veterans are regulated by the following regulations:
- Federal Law-5 of 1995 “On Veterans”;
- Labor Code of the Russian Federation (in particular, Articles 115, 116, 122, 123, 128);
- regional regulations (in particular, the Law of the Moscow Region of 2006 No. 36/2006-OZ “On social support for certain categories of citizens”).
Also, additional benefits and guarantees can be provided on the basis of a collective agreement, which applies to the staff of a particular enterprise.
In Art. 7 of the Federal Law “On Veterans” designates the circle of persons who can be considered labor veterans and who are subject to federal and regional benefits. In Part 2 of Art. 128 of the Labor Code describes the list of employees who have the right to apply for annual additional administrative leave (this is leave without pay).
