How can a working pensioner be given additional leave?

Additional paid leave for working pensioners

Despite the fact that reaching retirement age presupposes the assignment of a pension, people often continue to work.
Many of them are wondering whether working pensioners are entitled to additional leave, because with age, health deteriorates and productivity decreases. The answer is contained in labor laws. In accordance with Part 2 of Art. 115 of the Labor Code of the Russian Federation, annual leave (the duration of which is 28 days) can be increased for certain categories of citizens, the list of which is determined by law. There are no pensioners as such on this list. Additional leave for working pensioners may be provided on a general basis, which includes:

• work in harmful or dangerous conditions (Article 117 of the Labor Code of the Russian Federation);
• performance of work under special conditions (Article 118 of the Labor Code of the Russian Federation);
• carrying out labor activities during irregular working hours (Article 119 of the Labor Code of the Russian Federation);
• work in the Far North (Article 116 of the Labor Code of the Russian Federation), etc.

See also “Rules for granting additional leave for hazardous working conditions.”

During the period of self-isolation, working pensioners 65 years of age and older were sent to quarantine. Such employees are issued sick leave, which is paid for from the Social Insurance Fund. To pay for such sick leave, the government has approved temporary rules.

ATTENTION! Temporary rules are valid until March 31, 2021. Even if the self-isolation regime in the region lasts longer, sick leave is issued for a period until March 31, 2021.

ConsultantPlus experts answered the most frequently asked questions related to payment and receipt of such sick leave. If you do not have access to the K+ system, get a trial online access for free.

Additional leave without pay provided to labor veterans

Unfortunately, there are few veterans of the Great Patriotic War left in 2021, and only a few working among them. Therefore, the conditions for granting them additional leave are of interest to a limited number of people.

In Russia there is such a thing as a labor veteran. Many citizens of retirement age, including working ones, have this title. Therefore, it is important what is the duration of the unpaid leave granted to them, whether it differs from the two-week unpaid rest provided to all working pensioners.

Legislation does not provide for an increase in the period of additional free leave for citizens holding the title of labor veterans. However, for some regions, local authorities for this category of workers have established a period of such leave of 35 days according to the calendar. For example, such a provision was introduced for working pensioners - labor veterans living in the Moscow region.

Additional leave for pensioners at the initiative of the employer

The possibility of providing additional paid leave to working pensioners in 2021 is established by the provisions of a collective agreement or local act in force at the enterprise, or an employment contract concluded with a specific employee. In this case, the duration of the rest period and the conditions under which it is provided are determined by the employer.

Employees have the right to propose changes to the collective agreement that will allow pensioners to receive additional days of paid leave. However, the employer may consider such a proposal irrational and refuse to include the proposed changes in the collective agreement.

Procedure for applying for unpaid leave

As mentioned earlier, basic leave with payment of benefits is provided to employees of retirement age on the basis of a drawn up and approved leave schedule. Regardless of the conditions under which an older worker receives a pension, he may be granted his first leave after six months of work at the enterprise. He can take additional unpaid leave before six months of service. In order to rest legally and not lose his job, a retired employee must:

• submit an application for unpaid leave to the head of the company. The application is of a notification nature, since permission is not required;
• make sure that it was registered in the journal of incoming documents, and the manager was familiarized with the document by putting his signature on it;
• get acquainted with the order issued by the personnel department of the enterprise on the basis of an application signed by the manager, also putting a signature on it;
• from the date specified in the order, calmly leave on the provided days of rest.

You can write an application in any form or use the form provided by the manager’s secretary or the office of the human resources department. You can fill out the form manually or use the form by filling it out electronically.

The application must contain:

• Full name of the manager and his position;
• full name of the enterprise;
• title of the document “Application”;
• the essence of the application indicating the reason for granting leave. It does not need to be documented;
• the date from which leave is required and its end;
• signature of the author of the application and the date of its writing.

Important! If a retired employee decides to resign from the company, he is required to pay compensation for unused days of basic leave. But they cannot oblige him to work the two weeks required by law.

How to exercise the right to receive additional days of rest

The personnel department of the enterprise keeps records of employees entitled to receive additional days of rest (regardless of whether they are pensioners or not). If a pensioner is, for example, disabled, a personnel employee will remind him that he is entitled to increased leave. To exercise the right, you must:

1. Write an application for leave. As a rule, additional leave is provided to the employee along with the main one, so it is not necessary to separately declare the desire to use it.
2. Submit the application to the employer or the human resources department (if available).
3. Read the leave order.

Find out how to go on vacation without pay here.

Design rules

There are no special rules for providing vacation pay. Based on the order, the accounting department accrues vacation pay to the employee. The order acts as confirmation of the pensioner’s absence from the workplace.

IMPORTANT!

Rest must be provided in accordance with the vacation schedule approved for the corresponding calendar year. If leave is granted contrary to the approved schedule, then changes must be made to the document.

Additional paid days of rest are requested by sending an application to the manager.

Usually the days are taken along with the main vacation period. But the rest can be divided, at the request of the employee. The period is paid according to the same rules.

Days of additional rest that exceed the minimum legal standards can be replaced with monetary compensation (Article 126 of the Labor Code of the Russian Federation). In addition, upon dismissal, additional leave is included in the calculation of compensation for unused vacation pay.

Additional leave for pensioners to undergo medical examination

On January 1, 2021, a new article appeared in the Labor Code - 185.1, the provisions of which provide working pensioners with another privilege - the right to receive additional non-working days to undergo a medical examination. Formally, this type of rest is not a vacation - the employee can only use it to undergo examination at the clinic. It will not be possible to take time off and use it for personal purposes.

Exemption from work can be obtained once a year for two days. To do this you will need:

• decide on the time of medical examination (to do this, you should contact the reception of your clinic in advance);
• notify the employer of the need to provide additional days of rest in writing by writing an application.

Based on the application, the employer draws up an order - this document is the official basis for the pensioner’s absence from the workplace and the calculation of his average earnings.

Days for medical examination of working pensioners must be taken into account in the vacation schedule. Find out what nuances to consider when drawing up a document in the review from ConsultantPlus. If you don't already have access to the system, get a free trial online.

Has anything changed in 2021?

2019 did not bring changes to the system of providing additional leave for pensioners. Citizens can still take advantage of bonus days.

But from 2021, pensioners have the opportunity to take out additional days of rest. Now Article 185.1 of the Labor Code of the Russian Federation allows older citizens to attend a medical examination without loss of wages.

The Labor Code allows pensioners to receive two days of rest to undergo medical examination within one year. These days are paid depending on the average salary of a person per work shift during the last month.

Registration of the possibility of receiving paid leave for medical examination occurs in accordance with the plan:

1. Agree on a time for examination at the clinic.
2. Compose a statement and send it to your manager.
3. Obtain a signature from the manager.
4. Receive an order containing information about the two-day leave provided.

This period does not apply to a full vacation, since the pensioner is sent to undergo a commission. At the moment, there is no obligation for pensioners to provide proof of attendance at health screening events.

Results

So, pensioners are entitled to additional leave only on a general basis. For example, if a worker of retirement age works in the Far North, in hazardous production, or in other conditions that differ from normal ones. It is possible to take a vacation whose duration exceeds the limit established by the legislator, but the employer will not pay wages for it. The maximum duration of rest “without pay” that the employer is obliged to provide to the employee is two weeks. In addition, the employee has the right to paid time off to undergo a medical examination - such a reason for not attending work is not a vacation in the usual sense of the word, but it will allow him to receive an average salary during his absence from the workplace. Thus, the pensioner will not be able to rest more than he should - the legislator does not provide additional paid leave for persons who have reached retirement age and do not have benefits.

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

What does the labor code say?

A person who continues to work after retirement becomes the owner of certain benefits, one of which is an additional rest period.

Issues of benefits are regulated by the following articles of the Labor Code of the Russian Federation:

• 64 – the concluded employment contract is the basis for the provision of rest;
• 81 – an employee on vacation cannot be fired;
• 116 – list of persons who have the right to additional rest;
• 117 – workers of harmful and dangerous professions;
• 118 – workers engaged in special work;
• 119 – list of persons who have irregular working hours;
• 127 – compensation in cash equivalent for unused period upon dismissal;
• 128 – list of persons who have the right to additional unpaid leave.

Vacation registration

Did you know
In addition to the old-age pension itself, pensioners are entitled to some benefits from the state. For example, in 2021, due to the freezing of pension indexation, a one-time payment is provided for pensioners. Read more in the article here

The next vacation is granted according to the vacation schedule. The employee is notified 2 weeks in advance about the start of the rest period, and a corresponding order is issued. Vacation pay must be transferred 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, name of the organization, position and full name. employee. In the text, it is enough to indicate the dates from which and to what date the employee needs vacation. The application is certified by the employee’s signature and the date of writing is indicated. The director approves the application, the HR department employee issues an order, signs it from the manager and presents it to the employee against signature.

A lawyer will answer your questions in the comments below.

A comment

Days without pay can be provided by the manager on his initiative or on a mandatory basis, as the law states (this applies only to certain categories of employees). In the event that a subordinate wrote a statement, but was refused by his boss, he can apply to a judicial authority to protect his interests. Art. 128 of the Labor Code of the Russian Federation with comments for 2021 also indicates that a citizen who has been granted such a period of rest without pay can return to service at any time before its end, but only by notifying his superior in advance.

Sample order for leave without pay for pensioners

1. Agreeing with the employee on the issue of sending on leave without pay with justification of the reasons.
2. Leave can be processed only with the employee’s consent. Consent is confirmed by a statement with a personal request to provide days off without pay.

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128 Labor Code of the Russian Federation). This leave is also called leave at your own expense, leave without pay or unpaid leave. Unpaid leave: Labor Code Leave without pay according to the Labor Code of the Russian Federation can be mandatory or optional, i.e. in some cases, the employer cannot refuse to provide such leave to an employee who has written a corresponding application, and in some cases, he may not allow the employee to go on leave for your account.

Leave without pay for a working pensioner

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

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How many days can you apply?

All working pensioners, without exception, are entitled to leave at their own expense. The duration of such rest will depend on the category of the beneficiary.

According to the Labor Code, the duration of the “free” vacation period is:

• for WWII participants – 35 days;
• for military pensioners (combatants) – 35 days;
• for labor veterans – 35 days;
• for disabled people – 60 days;
• for parents and wives of military personnel – 14 days.

For working pensioners who are not included in the list of preferential categories listed above, a standard option of additional leave for two weeks is provided.

Important! An elderly employee has the right to take advantage of legal additional leave for family reasons: death of a loved one, marriage, birth of a child in the family, etc. Number of days - 5.

Unpaid leave can be initiated by the manager himself. In this case, he is obliged to obtain a written consent-application from a working retired employee.

In case of refusal to consider the application or provide the employee with days without pay, you can file a claim with the courts. Protecting your interests in court is the right of every Russian.

According to the same Article 128 of the Labor Code of the Russian Federation, a citizen has the right to end his vacation early and return to work. In this case, he will need to warn his superiors about his decision.

Article 128 of the Labor Code of the Russian Federation

3. Leave without pay, provided for in Art. 128 are divided into two groups: those that are given at the discretion of the employer (i.e., the employer has the right to refuse to provide leave), and those that the employer is obliged to provide at the request of the employee.

- parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system, killed or died due to injury, concussion or injury received while performing the duties of military service (service), or as a result of an illness associated with military service (service) - up to 14 calendar days a year;

Leave without pay for working pensioners: comments

It should be borne in mind that not this entire period is counted towards seniority, but only 14 days, including weekends and holidays. Unpaid days exceeding 2 weeks are omitted when calculating length of service, which is legal.

1. Pensioners are considered to be persons who have reached a certain age by law. They must have a certificate entitling them to receive benefits.
2. Former military personnel who receive long service payments can only receive time off out of turn when they reach retirement age.
3. Pensioners employed in the Far North may receive additional days off, covering travel from their place of work to their destination.
4. Spouses of retired workers are entitled to additional leave.

Application for leave without pay sample filling out in 2021

In its local regulations, company management may establish other cases when their employees may be granted leave without pay, for which they do not need to obtain appropriate permission from management. Such documents include Internal Labor Regulations, Collective Agreement, Vacation Regulations, etc.

In addition, existing legal norms establish a list of cases when the manager is obliged to provide days at his own expense to employees and does not have the right to refuse. In this case, the employee is required to submit a request for unpaid leave and it will only constitute written notice.