Additional days for vacation for working disabled people of groups 2 and 3 according to the Labor Code of the Russian Federation (2021)

Leave procedure

Legislation classifies people with disabilities as a separate social group, which is considered preferential. Relaxations and social guarantees have been created for them. For example, the right to receive a disability pension. Disabled people of group III work on an equal basis with other citizens, in accordance with the tasks set and the reasons for assigning disability.

At the legislative level, concessions are provided for employers who employ disabled people. Therefore, it is profitable for large enterprises to register this category of population and create jobs for them.

It is important to create strong labor relations between an employer and an employee with a disability. This cooperation is beneficial to both parties. First of all, for a disabled person it is an opportunity to use several types of leave, namely:

Basic rest. Provided to all registered employees. Disabled people with III troupe are also included in the category of workers to whom it is mandatory.
Additional. Available to individual employees who require leave due to physical and mental disabilities, as well as single parents, large families and other categories of the population.
Leave without pay. Used by disabled people in the presence of medical conditions, for the purpose of undergoing health or rehabilitation measures.
Maternity leave. All forms of state assistance are provided for pregnancy, childbirth and child care up to three years of age.
Training. Issued if an employee takes courses to master a new position at an enterprise, study at a university, etc. There are no restrictions here.

Basically, there is practically no difference between employed disabled people and other categories of the official population. The nuances apply only when receiving basic and unpaid vacation. In all other cases, the general rules for granting leave apply.

Error when granting vacation time to a disabled person

The employee provides a certificate of disability of group III (from January 21, 2021) in 2021. Due to operational needs, he did not use the main leave for 2018. In 2021, he demands, due to recognition as disabled, to be given 30 days of leave for 2018.

In this case, the requirement to provide him with 30 days of vacation for the previous year is unlawful.

Based on Art. 114 of the Labor Code of the Russian Federation provides a vacation of 28 days. According to Part 5 of Art. 23 Federal Law dated November 24, 1995 N 181-FZ, disabled people are granted 30 days leave. The circumstance, in 2021, the employee belongs to the category of disabled people of group III, does not affect the period of the main leave for 2021, i.e. for the previous working year, the employee is granted 28 days of vacation.

Features of annual leave

How many vacation days do disabled people have in the Russian Federation? Generally the duration is 28 days. For disabled people this period increases by several days. The minimum period of recovery and rest is 30 calendar days. Appointed in accordance with Federal Law No. 181, namely Art. 23. Provided to all disabled people regardless of group. The duration may increase based on the employee’s health and the employer’s initiative.

The duration is also affected by:

place of work;
the scope of activity of the enterprise where a disabled person is employed, its legal form;
the presence of additional circumstances, for example, the status of a large family, etc.

If a disabled person is officially employed at an enterprise where he works in his own specialty, then his leave is extended and paid for up to two months. The final duration is set by the company management. The main rule is not to worsen the patient’s health by reducing the number of vacation days.

Attention! Weekends of 30 calendar days are calculated as follows: 28 days are provided, like other employees at the enterprise, the remaining 2 days are due to registered disability. All vacation time is fully paid.

The registration procedure is carried out according to the standard scheme. It is the same as for ordinary employees of a company or enterprise. An employee applies for leave, observing the following rules:

Written notice of intention to take leave is submitted. The application is drawn up in the prescribed form.
The application is drawn up two weeks before the planned vacation.
Until the employee goes on vacation, vacation money is transferred.

Attention! The calculation of vacation does not take into account holidays for which a day off is required. When registering, the period is extended in accordance with the number of holidays.

Additional paid leave

The Labor Code does not provide for cases when a disabled person can take additional leave for recovery and receive compensation. This opportunity is regulated by the collective agreement of the enterprise or is provided at the request of the employer, for example, a disabled person has regular overtime, has exceeded the work plan, etc. It is provided on grounds not related to disability or its presence.

Nuances

Despite the relative simplicity of registration, personnel officers and accountants may have questions when granting additional leave to a disabled person. Let's consider the most relevant practical nuances:

Additional leaves for various reasons do not add up by period. Vacations of longer duration are taken into account. For example, a working disabled pensioner can claim a maximum leave at his own expense of 60 days, despite the fact that, as a pensioner, he is entitled to a similar leave of 14 days. The shorter period here is covered by the larger one (Article 128 of the Labor Code of the Russian Federation).
A disabled person has the right to receive compensation for them instead of two additional paid vacation days, but must rest for the remaining 28 days (Article 126 of the Labor Code of the Russian Federation).
Of the 60 days of leave at his own expense, only 14 days will be counted towards the length of service giving the right to future leave (Article 121 of the Labor Code of the Russian Federation). The employee must be warned about this.
Additional leave for a disabled person may be provided in advance.
A group 3 disabled person can qualify for additional paid leave, as an employee with an irregular schedule, i.e. on grounds other than disability (Article 119 of the Labor Code of the Russian Federation). Disabled people of groups 1 and 2 are deprived of this opportunity: a shortened working week is established for them by law (Article 92 of the Labor Code of the Russian Federation, Article 23 of Federal Law No. 181).
In addition to those enshrined in the law, the administration can establish additional paid leaves for disabled people at its discretion (Article 116 of the Labor Code of the Russian Federation).
A disabled person's leave at his own expense cannot be carried over to the next year, but paid leave can be carried over.
The sick time of a disabled person during a 60-day vacation is not paid at his own expense (Federal Law No. 255 of 12/29/06, Art. 9-1-1).
Weekends and holidays do not extend the additional leave of a disabled person at his own expense.
In the leave sheet, disabled people are designated by their nature: paid thirty days is designated as labor OT (or 09), additional without pay within the two months established by law 03 (or 17); additional without maintenance beyond the two months established by law - DO, DB (16, 18).
Leave at your own expense for a disabled employee is not recorded in the vacation schedule.
Both vacation periods - paid and unpaid - are reflected in the personal card of a disabled employee.

So

Additional unpaid leave for disabled people of work groups 2 and 3 is provided at the request of the employee based on his application. Its duration is legally 60 days. If an employee is entitled to two additional leaves for different reasons, the longer one is taken into account and granted to the employee.
Days of illness and holidays do not increase such leave and are not paid.
Two days are added to the basic paid leave of a disabled person, regardless of the disability group. They can be replaced with a compensation payment.
Leave at your own expense is not carried over to the next year, unlike the paid leave entitlement to a disabled person by law.
Additional vacations and additional days to annual paid leave are provided to a disabled person on the basis of a medical and social examination certificate and an individual rehabilitation plan from the moment of submission of documents.

Additional leave according to Labor Code

For its registration, compelling reasons are required. For example, merits at work, exceeding the plan, career achievements, etc. A number of employees have an unconditional right to receive additional rest. These include people with disabilities. Appointed regardless of the group in accordance with Labor Code Articles 114 and 128.

How many days can a group III disabled person have leave without pay? You can take advantage of absence from work for up to 60 days. This period is divided into several parts or provided at one time, depending on the grounds for temporary suspension of work. Has a declarative character. The disabled person submits an application to the director.

Attention! Additional rest is provided without financial support, that is, it is not paid.

An application is submitted two weeks before going on vacation with reference to the Labor Code and the basis for receipt. The application must be dated and signed.

Certificates of health status are attached to the application. If we are talking about a 60-day vacation, then the following data is additionally provided:

ITU conclusion, which contains information about the disability group, the degree of physical or mental limitations that caused the disability.
IPR: the rehabilitation program is developed for each patient. The program specifies the terms of rehabilitation, directions and volumes of medical measures to restore and maintain health, and compensation for lost vital functions.

These documents must be submitted every time you intend to take a vacation. This is due to the fact that the disability group may change.

Sequence of provision

According to the current rules, annual paid leave is provided to a disabled person according to the general rules. Before the end of the previous year, a vacation schedule is approved, and it indicates when the disabled person will go on vacation next year.

As soon as vacation time arrives, the employer notifies the person of the beginning and end of this period, and provides him with paid days off.

A disabled employee will be able to receive a vacation period at a convenient time only if he can reach an agreement on this with the employer.

Certain categories of disabled people can receive paid leave at a convenient time. These include military invalids, persons whose disability occurred due to the Chernobyl accident,

Registration of leave for disabled people affected by the Chernobyl nuclear power plant

They represent a separate category of employed workers who are granted annual leave with financial support. They enjoy the right of priority in choosing when to go on vacation when drawing up a vacation schedule, and leave on the first request. They also have additional days for recovery in the amount of 14 calendar days.

Paid from social security funds. The employer is only required to provide a certificate of the employee’s average earnings. It also contains information about the estimated amount of vacation pay, taking into account tax deduction, confirmation of the provision of official leave in the amount of 14 days for completing the IPR. The document must bear the signature of the employer and the seal of the company.

Additional leave for disabled people of the 3rd group - period of additional leave

Additional social guarantees, or rather vacation, are provided to citizens provided that they have confirmed their official status. There are several articles of the Labor Code of the Russian Federation that consider the very concept of additional leave and the procedure for providing it.

By law, the duration of such a period is at least 30 days according to the calendar. All days are paid. It is allowed to increase the rest period at the initiative of the employer. In fact, even basic leave for disabled people can also be extended to 30 calendar days.

Replacement of vacation with monetary compensation

The employee has the right to receive compensation for unused vacation. However, the number of days exceeding 28 calendar days of vacation on a general basis is taken into account. Thus, compensation is provided to disabled people whose rest period is 30 working days. In order to receive money for the unused two days, you must fill out an application.

When hiring, an employee has the right not to disclose the presence of a disability. However, in this case, he does not have the right to take advantage of all the benefits available to disabled people. In order to secure the rights to use privileges, this clause must be specified in the employment agreement.

Answers to common questions

Question No. 1 : Is it possible to provide a disabled person with administrative leave during the probationary period?

Answer : The employer has the right to establish a test for a disabled person. Regardless of the probationary period, the employer may grant a disabled person administrative leave based on an application, the duration of which is determined by agreement of the parties. A disabled person can be granted such leave for up to 60 days per year. But vacation days are not counted towards the probationary period, i.e. the trial period is extended by this number of days. Also, if the test is unsatisfactory, the employer can dismiss the disabled person by notifying him in writing 3 days in advance that he did not pass the test, confirming this with documents (reports, memos, etc.).

Question No. 2 : Is it possible to apply for administrative leave for a disabled person for several hours?

Answer : An employee has the right to submit an application for administrative leave for several hours (for disabled people within 60 days per year), but since this will entail certain difficulties in registration; employers rarely provide it (especially for calculating length of service). The consent of the parties is required.

Leave and working conditions for disabled parents

The presence/absence of a disabled person’s children does not in any way affect the conditions and rights of the employee. The same rules for assigning basic leave and calculating insurance coverage apply to them. However, the Labor Code establishes some standards relating to the length of the working day, namely:

If work lasts more than four hours in a row, then a full lunch break is provided.
All business trips, overtime, increased production, etc. are borne by the employee only if a written agreement is drawn up. The employee reserves the right to familiarize himself with the rights and responsibilities in advance and, if he wishes, to refuse assigned tasks.

All guarantees are provided on the general terms and conditions intended for persons with disabilities.

Registration of the vacation period

All vacation periods are approved by the enterprise administration no later than 14 days before the start of the year. The document indicates specific dates for the start and end of the vacation. The administration must notify an employee with a disability about the onset of this time no later than 2 weeks before it starts.

It is important to note that a disabled person does not have to submit a formal application, since his leave has already been determined and confirmed by the appropriate schedule. When there is no such document, or the date is not specified, then an application must be submitted to the manager. To receive additional leave, an application is required, and the document will also need to be accompanied by a medical commission’s conclusion on the citizen’s status. It is recommended to take a certificate indicating the need for additional information. rest in a sanatorium or other health institution.

If a citizen with a disease, having undergone medical examinations at the ITU in connection with the improvement of his health, has lost his disabled status, then in accordance with the Labor Code of the Russian Federation, the procedure for providing leave by the employer will take place on a general basis. Now he will not go on 30 or more calendar days of rest, but, like other employees, only 28 days.

Attention! The calculation must take into account those days when the employee worked for the company while still disabled, and in accordance with the received number of days, the personnel department is obliged to recalculate the allotted time off for an already healthy employee.

This calculation is based on individual working days for each former disabled person and is established depending on the salary received.

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Leave for disabled people who have worked for less than a year

According to Article 122 of the Labor Code of the Russian Federation, leave is granted annually to all employees, including disabled people. The right to leave can be used after six months of working in a particular company. Meanwhile, there are categories of workers who can primarily take advantage of the right to early rest. These include: minor workers, when adopting a child under three months old, parents with many children, etc. This category of workers has the right to go on vacation before six months. At the same time, receive support from the company for the entire period. However, persons with disabilities are not included in this category of employees.

Thus, they cannot use the right to early leave. However, if the administration agrees to provide several days of rest, then the disabled person can take advantage of them.

Thus, the employee is recommended to immediately indicate the presence of a disability, which provides guarantees of receiving all benefits. An application is drawn up to receive leave. The transfer of funds for rest is carried out three days before departure.

If you need to receive unpaid leave, you must draw up a corresponding application indicating the basis for receiving the leave. The employer is obliged to consider the application and provide a conclusion. Every time a disabled person wants to go on vacation, he is required to provide a medical certificate for receipt. This is because disability must be regularly verified and health conditions may change. If the disability is overdue, then all preferential rights are canceled.

The employer has no right to refuse leave. This also applies to creating obstacles that prevent people with disabilities from receiving benefits and other guarantees from the state.

Reasons for providing

According to the law, if an employee has a disability group, he has the right to receive additional leave at his own expense.

The law establishes that its duration must be at least 60 days. However, by agreement with the manager, this period can be extended.

In order for additional leave to be granted to disabled people, the employee must submit an application to the company management and attach a copy of the disability certificate as confirmation.

Attention! When providing a certificate, the employer does not have the right to refuse this request of the employee. Otherwise, he may be brought to administrative liability.

If a company employee has several reasons for receiving leave at his own expense, then he must choose only one of them. For example, an employee is disabled and retired at the same time.

According to the law, he has two grounds for receiving additional leave - 60 days for disability and 14 days for retirement age.

The employee must choose for himself what is more profitable for him. Summation is not allowed. If a disabled employee does not exercise his right during the year, then this period expires.

Grounds for granting disabled people 30 days of leave

In order for a citizen to receive 30 days leave as a disabled person, the fact of disability must be confirmed by an ITU certificate. The activities of ITU are regulated by order. Medical personnel are sent for examination of the person. institution, Pension Fund, social. protection. The referral to ITU takes the form according to the order, form N 088/u-06. If disability is confirmed, a certificate certifying disability is issued in a form approved by. Depending on the level of limitation, there are 3 groups of disability and the category “disabled child”; disability is established for a certain period. The bureau’s specialists, based on the results of the examination, develop an approved IPRA. the IPRA reflects the working conditions necessary for the employment of a disabled person and for employers to create places for disabled people .

Thus, having received ITU documents, an employee can apply for a longer vacation, which does not depend on the disability group, and this is reflected in the employment contract (or additional agreement).

Basic questions about booking a vacation

There is a list of common questions that people with disabilities have when they want to take advantage of benefits.

Leave for parents with a disabled child

Parents who have a child with a disability in their care retain all the rights granted to all employees of the enterprise. We are talking about receiving annual leave with a payment calculated from the average salary of a citizen. Recently in St. The Labor Code has been amended, according to which parents are provided with the following guarantees:

The ability to take compulsory annual leave at any time convenient or unscheduled if required to care for a child or adolescent with a disability.
The right to use additional days off.

All rights are permissible only for parents whose children have not reached the age of majority.

Duration of leave without salary

The state has established the duration of leave without pay for a period of up to 60 days. This period can be extended with the permission of the employer. However, this is a right, but in no case an obligation of the authorities.

Inclusion of holidays and non-working days in vacation

Unpaid leave includes holidays or non-working days. This type of leave cannot be extended.

Confirmation of entitlement to benefits

The only document confirming rights to benefits is a certificate of disability. A copy is submitted upon employment. Every year, when undergoing re-examination, a copy of the new document is provided.

Non-vacation privileges

When employing disabled people, it is necessary to know not only about the vacations they receive, but also about other types of assistance, for example, about working hours. This category of workers is provided with a work week of up to 35 working hours. Hours of work do not affect the amount of wages.

If it is necessary to involve a disabled person in night shifts or overtime work, his consent is required. Such work should not be contraindicated for health reasons.

How to apply for leave for a disabled person: step-by-step instructions

According to the Labor Code of the Russian Federation and Federal Law No. 181, disabled people are entitled to 30 days of vacation, which are displayed in the vacation schedule. If a person goes on vacation as planned, there is no need to complete any documents. The situation is different for employees who intend to leave work at their own expense. Let's look at these questions in more detail.

What you need

When going on unpaid leave, disabled people in Russia must write an application according to the Labor Code of the Russian Federation. To obtain the manager’s signature, it is important to format it correctly. The text of the document must contain the following information:

Position of the director and his full name.
Details of the applicant and his position.
Document's name.
Please provide additional leave to a disabled person under the Labor Code of the Russian Federation for 30 or 60 days. You can choose another period, but no more than two months.
Day of filling and signature.

If a person wants to extend vacation pay to 30 days of vacation intended for disabled people under the Federal Law and Labor Code of the Russian Federation (including 3 groups), it is also necessary to fill out an application. Only the fourth point changes in it, which indicates a request to add two days to the required 28 days. If the employee did not use this time, it will not be possible to transfer it to the next year.

In case of illness during additional vacation pay, no extension is provided. If the allocated two days fall on a Saturday, Sunday or holiday, they are not carried over to weekdays.

When applying for annual unpaid leave under the Labor Code of the Russian Federation, only 14 days are credited to disabled people, and the rest of the time is not taken into account.

Step by Step Actions

The principle of taking leave for disabled people differs little from the algorithm provided for other employees. The general instructions look like this:

Informing the employee 14 days before leaving for vacation.
Drawing up an order (T6), which is transferred to the accounting department.
Drawing up a calculation note (T60).
Display in the timesheet (T12 or T13).

To receive leave for 30 days or absence from work for 60 days (unpaid rest) according to the Labor Code of the Russian Federation, you must write an application, which is stipulated by labor legislation. The principle of document execution is discussed above. In addition, the statement is written in the absence of an exact date of care (only a month) or when a person goes outside the established plan. The declared period starts from the day specified in the order.

Results

Thus, the main points related to the employment of a disabled person should be taken into account. When finding employment, the employer is obliged to provide a disabled person with labor guarantees in accordance with the Labor Code of the Russian Federation. These include:

If there is a medical certificate, the working day is reduced.
Long annual leave with all payments.
Receiving leave without pay for 60 days annually.
Providing a new vacancy if necessary, transfer to a new place of work based on a medical certificate.

How much leave can a disabled person count on?

An analysis of labor legislation shows that a disabled employee has the right to leave for several reasons:

annual paid (Article 115 of the Labor Code of the Russian Federation);
additional paid (Article 23 of Federal Law No. 181);
additional without content (Article 128 of the Labor Code of the Russian Federation).

According to Federal Law No. 181, a disabled person has the right to paid rest time not 28 days, like a regular employee, but 30 days. It turns out that the additional leave at the expense of the employer is 2 calendar days.

In addition to this additional leave, a disabled person may request leave at his own expense for up to two months (60 days). The employer, regardless of his desire, is obliged to provide this leave, while an employee who does not have a disability can receive such a long leave only if the parties come to a mutual agreement.

It is not prohibited to provide disabled people with longer vacations at their own expense. In the event of the birth of a child, marriage, or death of a relative, additional unpaid vacation days may also be provided on the basis of the same article. 128 Labor Code of the Russian Federation. Thus, the employer is obliged to provide the disabled person with up to 90 days of vacation per year (28+2+60), of which 30 are paid.

Attention! The duration of additional leave according to the law is the same for all groups of disabled people working in the organization.