The rights of every working person to work and rest are enshrined in the Constitution of the Russian Federation. Implementation is carried out through legal mechanisms. The term “social leave” is not used in the terminology of the Labor Code of the Russian Federation. The concept is used at the everyday level among citizens who receive the official right to rest.
The legislative and regulatory framework regulates the issue of several types of vacations at once. The intended purpose of the vacation norm is varied and affects all social spheres of a person. The Labor Code regulates the classification of what types of leaves there are:
- annual (main/extended)
- additional;
- training;
- without pay (administrative);
- for pregnancy and childbirth (maternity leave);
- for child care;
- academic.
Types of vacations
An annual type of leave is provided by the employer to restore the employee’s strength and rest from work during the year. According to Article 122 of the Labor Code, the duration of standard leave is 28 calendar days. Starting from 2021, the division of vacation is allowed, provided that one part is at least 14 calendar days (according to Article 125 of the Labor Code). Unspent vacation is carried over to the next calendar year.
Additional leave is assigned to certain categories of employees. Regulated by the relevant articles of the Labor Code, including regulations.
- Employees whose work is associated with harmful and dangerous working conditions have the right to leave in the amount of 7 additional days to the main one. Issued after 11 months.
- Disabled employees are entitled to extended leave of at least 30 days, regardless of the degree of disability.
- Pensioners are given the right to 2 weeks of additional leave, while the employer has the legal right not to pay social compensation for 14 days.
- Health workers are also guaranteed the right to additional rest. The number of days is regulated by the specifics of the profession and responsibilities.
- employees of psychiatric clinics are entitled to up to 35 days;
- laboratory specialists – up to 21 days;
- for nurses, reception staff, doctors rehabilitating tuberculosis patients, treating HIV patients – up to two weeks;
- for phthisiatricians and radiologists – up to 21 days.
The types of additional leave for medical workers are described in detail and enshrined in Decree of the Government of the Russian Federation No. 482 of 06/06/2013.
- According to Federal Law No. 5 of December 12, 1995, veterans are entitled to rest for up to 35 days. The employer has the right not to pay the employee for this type of leave.
- Participants in the liquidation of the consequences of the accident at the Chernobyl nuclear power plant, according to Federal Law of the Russian Federation No. 1244/1, are provided with 4 groups:
- persons with work responsibilities in the exclusion zone involved in liquidation of the consequences;
- workers who received a dose of radiation resulting in radiation sickness;
- employees who carried out processing in the exclusion zone for at least 2 weeks;
- people continuously (more than 4 years, until 01/01/2013) in the danger zone.
Depending on the group, the person is entitled to compensation in the amount of 7-21 days. Persons liable for military service up to 30 days.
When on maternity leave
If a woman is expecting one child, then she is entitled to maternity leave from the 30th week of pregnancy (about 7 months), and the period of maternity leave will be 140 days (70 days prenatal and 70 days postpartum).
In case of multiple pregnancy, a certificate of incapacity for work will be issued from the 28th week, and the maternity period will be 196 days (84 days prenatal and 110 days postpartum).
If a child is born prematurely, the duration of leave does not change.
Example: Before the birth there were not 70 days, but 60 days, then after the birth the vacation is extended by the number of remaining days. The total number of days does not change and does not depend on the number of days used before the birth.
To go on maternity leave, you need to submit an application to the personnel department at your place of work, attaching a certificate of incapacity to work with the application.
Within 10 working days after submitting the application, maternity benefits will be accrued, as well as for early registration at a medical institution. Payment is made on the next day of payment of wages at the enterprise.
A woman has the right to take the next annual paid leave immediately before maternity leave (Article 260 of the Labor Code).
To calculate the date of birth and maternity leave, it is enough to know the start date of the last menstrual cycle. The first day of the last menstruation is considered the first day of pregnancy (obstetric period before birth).
Special types of employee leaves: paid
First of all, protection of a social nature includes additional privileges in terms of leave to protect motherhood and childhood.
Maternity leave refers to paid types of leave. In fact, this is sick leave for pregnancy and childbirth. Employees who are 30 weeks pregnant are entitled to it. The provided number of days is 140-194 calendar days, including the payment of benefits.
Parental leave (up to 3 years of age) obliges the employer to keep the employee’s job. Provide the right to paid leave until the child is one and a half years old.
Duration of maternity leave
The total duration of maternity leave depends on how many children the woman is expecting and how difficult the birth process was. Duration can be:
- 140 days for a normal pregnancy with one child;
- 156 days for complications;
- 194 days for multiple pregnancy;
- no more than 70 days when adopting one child;
- no more than 110 days when adopting two or more babies.
The maximum duration of maternity leave for those who live and work in normal conditions (i.e. do not claim a longer period of prenatal rest) is 194 calendar days.
This means that even if there were complications during the birth of several children, the maternity leave will not be increased. The complexity of the process has already been taken into account when rationing leave for a woman carrying multiple fetuses.
In the case of adoption, the break in work begins on the day the court decision comes into force and ends when the baby reaches 70 days. And in the case of adoption of two or more children, the end date will be the day when the babies reach 110 days of age. That is, if a court decision is received when the adopted children are at least a few days old, then the duration of leave for the parents will be less than 70 and 110 days, respectively.
But during a normal birth, how many months of pregnancy the baby is born does not affect the duration of the vacation. Even if the child is born much earlier than expected, then despite the seemingly shortened prenatal rest, the total duration of the maternity leave will not change.
Types of leave for employees receiving education
The state welcomes and encourages those who strive to improve the level of education. The employer is obliged to provide leave, depending on the form of education and the type of educational institution. Those who enroll or take exams are allowed to take up to 15 days of vacation.
For full-time students:
- passing intermediate exams – up to 15 days;
- passing state exams – up to 1 calendar month;
- Diploma preparation, including defense – up to 4 months.
For correspondence students:
- 1st and 2nd courses are given up to 40 days to complete the session;
- accelerated form of education - up to 50 days if the student is in the second, third and fourth years;
- preparation of a thesis project, defense, passing the state exam - up to 4 months.
The employer pays for higher education only if the student demonstrates acceptable academic performance.
Types of social leave without pay
Leave on the occasion of marriage is regulated by Article 128 of the Labor Code of the Russian Federation. The amount of additionally provided leave is no more than 5 days for those newlyweds who have already signed. If rest days are taken to prepare for an event, in this case the employer can offer an alternative option: taking time off, annual leave, or at his own expense. Reason – a copy of the application to the registry office for marriage.
Leave due to the death of a relative allows you to use up to 5 days as an additional vacation period. The employer’s refusal is unlawful, according to Article 128 of the Labor Code. Leave can also be issued with the wording “for family reasons.” Justification document – certificate/death certificate of a loved one.
Leave in connection with the birth of a child is most often issued by fathers, on the basis of a certificate from the maternity hospital. Duration of stay – up to 5 days. During this time, the employer provides time so that the child can be registered at the place of residence, receive a birth certificate, insurance policy, SNILS.
How to apply correctly?
To apply for maternity leave, the expectant mother must:
- provide your employer with sick leave;
- write an application for maternity leave.
— How to fill out a sick leave certificate for pregnancy and childbirth?
Moreover, the application can indicate any start date of the vacation, but not earlier than the first day of sick leave. That is, at what week of pregnancy the woman herself decides to actually go on vacation.
Difficult childbirth requires an increase in maternity leave by 16 days. But in order to obtain such a right, you must bring a continuation of the certificate of incapacity for work and write an application for extension of leave to it.
The same applies to situations where only during the process of childbirth it becomes clear that the pregnancy is multiple. Then an additional certificate of incapacity for work will be issued for 54 days.
If a woman is employed part-time, then she needs to obtain certificates of incapacity for work for each place of work. Otherwise, she may be denied payment of benefits at the place where she does not provide the document. It is the original sick leave that is the basis for calculating maternity benefits.
But in some situations, if you are not expected to receive benefits from any employer, then simply to apply for maternity leave, a part-time worker just needs to write an application and bring a copy of the order and a copy of the sick leave from the main place of work.
Academic leave for family reasons
For family reasons - a type of social leave with the right to absence from work for up to 14 days. Enshrined in law (Article 121 of the Labor Code), as well as in the collective agreement. Employees eligible for registration.
- If there are two or more children in the family under 14 years of age.
- If there are minor disabled children in the family;
- Single-parent families with single mothers or fathers who have a dependent child under 14 years of age.
Vacation is used at the request of the employee and with the agreement of the employer. Unused days in the current calendar year are not carried over to the next and are not accumulated.
How to apply for maternity leave
Regulation and registration of prenatal rest involves the following steps:
- Contacting the state antenatal clinic to receive a disability certificate. When carrying one fetus, this is done at 30 weeks, and in case of multiple pregnancy - 28.
- The disability form is issued on state-issued paper. However, since last year, many documents also have an electronic form, which can replace many paper copies for a woman in labor.
- The employee draws up an application for the required leave and the assignment of child care benefits. The basis for granting rest to a woman is a temporary disability certificate.
- The administration endorses the application for maternity leave, issues an appropriate order and prepares the necessary documents.
Types of vacations and days off
According to letter No. 14-2/OOG-9754 dated December 7, 2019, the Ministry of Labor prohibited the registration of vacations exclusively for weekends. This fact is classified as a violation and is fined in the amount of 30 thousand to 50 thousand rubles - for organizations, from 1000 to 5000 rubles. for individual entrepreneurs.
Annual paid holidays in accordance with Articles 114,120, 130 of the Labor Code of the Russian Federation are calculated in calendar days. The employee retains his job and average earnings for the entire period of absence. If the vacation covers weekends, then payment is calculated on an equal basis with working days, based on earnings.
How long does it take to go on maternity leave?
The grounds for registration of leave under the BiR are articles of the Labor Code of the Russian Federation numbered 255 and 256. They strictly regulate the date on which they are sent on maternity leave.
To go on maternity leave, a woman must provide her employer with:
- a certificate from the antenatal clinic or other medical institution where she is registered for pregnancy;
- application for maternity leave.
who is registered with the pregnant woman will help you calculate the date of maternity leave Using a calendar, the doctor sets the estimated date of birth (DOD) based on the date of the last menstruation, ultrasound data and other information.
Based on the PDR, the doctor calculates the beginning of the maternity leave:
- for women with a singleton pregnancy, it will occur at 30 weeks ;
- in case of multiple pregnancy - on the 28th .
You can also calculate the date online using numerous services.
When the 30th week of a singleton or the 28th week of a multiple pregnancy occurs, the doctor is obliged to issue the woman a certificate of incapacity for work , which she provides to the employer and, on the basis of it, goes on maternity leave. By week you can calculate how many months maternity leave begins. 7.5 months for a normal pregnancy and 7 for a multiple pregnancy.
If she wishes, a woman can take this document later , and accordingly, give it to the employer later in order to work longer. A certificate of incapacity for work is issued at a time for the entire period of maternity leave, but can be extended due to emerging circumstances - for example, if the birth was complicated.
Later, you can also go on maternity leave by agreement with the employer by concluding a civil contract with him. This measure is necessary so that the woman can receive the payments required under the BiR and payment for the work performed .
If a woman works during maternity leave without concluding such a contract, she will be able to receive only one type of payment - salary or benefits.
legal grounds for going on maternity leave before 30 weeks of pregnancy . These include:
- multiple pregnancy;
- living in an environmentally unfavorable area;
- going on annual paid leave before maternity leave.
A pregnant woman can also arrange a little rest for herself by filing a sick leave with a therapist or obstetrician-gynecologist who is managing the pregnancy. As a rule, doctors take into account the woman’s condition during pregnancy and issue sick leave even if she is slightly unwell. The doctor will tell you how best to do it.
A woman can also go on sick leave if her eldest child under the age of 14 falls .
Watch the video about the timing of maternity leave:
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