Additional leave for working pensioners in 2018: the procedure for registration

The content of the article

• Types of vacations under the Labor Code of the Russian Federation for working citizens
• Basic Paid Annual Leave
• Extra vacation
• Regulatory and legislative framework for calculating pensions
• Whether additional pension is granted to working pensioners in 2018
• Grounds for providing
• When can I interrupt my vacation without the consent of a pensioner?
• How long is provided
• Leave without maintenance for working pensioners
• Additional paid leave for pensioners in 2018
• The procedure for completing additional leave for pensioners
• How to make a statement

In addition to the mandatory annual leave guaranteed by the Labor Code, employees of enterprises and organizations have the right to other types of recreation. For example, legislation guarantees additional leave to labor veterans at any time; there are benefits for other categories of pensioners. Depending on the situation, this will be a paid vacation period or rest at your own expense..

Types of vacations under the Labor Code of the Russian Federation for working citizens

By vacation, legislation (article 107 of the Labor Code of the Russian Federation dated December 30, 2001 N 197-ФЗ) refers to “a type of rest time”, clearly distinguishing it from weekends and regular working days. The following types of vacation periods are distinguished:

• annual paid;
• annual additional paid (this includes study leave);
• at own expense;
• maternity (maternity);
• for child care.

Depending on the situation, the employee may be entitled to several types of leave (for example, participants in the aftermath of the Chernobyl accident may receive an additional 14 days per year). In addition, the employee may not exercise his right to rest. If we are talking about the main vacation, then unused time is subject to monetary compensation, additional vacation days are not reimbursed.

Under the word “pensioners”, the current legislation refers to people who have received the right to special social security – pension. It is paid in one of the situations:

• achievement by the employee of an age limit of 55 years for women and 60 years for men in 2018 (for state civil servants – 56 and 61 years);
• the presence of disability;
• right to social security payments.

Basic Paid Annual Leave

This is the most common type of rest time for which all employees, including those working part-time, remotely and part-time, are eligible (articles 287, 312, 93 of the Labor Code of the Russian Federation). To obtain such leave, the following conditions must be met:

• the employee has the right to a vacation period six months after entering work (if necessary, to go on vacation earlier must be agreed with the head);
• rest time should be determined in a special vacation schedule, which is drawn up at the end of the previous year (to go to rest outside the schedule, you must contact the head with a statement);
• failure to provide this type of rest for more than two consecutive years is a violation of the law.

According to article 115 of the Labor Code of the Russian Federation, the standard duration of the main vacation is 28 days. According to federal law (No. 181-FZ of 11.24.1995), certain categories of citizens are entitled to an extended vacation period. The table shows the length of rest time for such workers:

Extra vacation

In addition to the main vacation period, labor legislation provides for additional holidays. Depending on the situation, they can be:

• at own expense;
• paid.

Unpaid vacation periods are provided by agreement with the employer, and if the administration of the organization considers the reasons not to be significant enough, the vacation will be refused. But there are workers who are allowed to leave the holiday period at their own expense under labor law, and they can take advantage of this by writing a statement. The table shows how long such periods of rest can be:

Additional paid leave is provided in accordance with Article 116 of the Labor Code of the Russian Federation, which lists the persons who are entitled to this period of rest. Moreover, in accordance with internal regulations (VNA), at a particular enterprise this list may include other categories of employees. The table provides a list of employees who have a legal right to this type of vacation, the maximum duration of which is also determined by the VNA:

Regulatory and legislative framework for calculating pensions

The issues governing well-deserved retirement care and the amount of pensions are fully regulated by Russian law. The basic laws are:

• “On Compulsory Pension Insurance”;
• “On labor pensions”;
• “On state pension provision”.

In addition, in specific cases, special regulatory documents with a limited scope apply. For example, certain decisions of the Government of the Russian Federation establish:

• the indexation coefficient of the basic part of the pension, the frequency of this operation;
• the procedure for pension payments for persons who have moved permanently outside of Russia;
• lists of professions, jobs, specialties giving the right to early retirement pension.

Whether additional pension is granted to working pensioners in 2018

In accordance with the current legislation, a citizen who continues to work according to the work book after retirement has new opportunities. The right to additional leave for working pensioners in 2018 is determined by Article 128 of the Labor Code of the Russian Federation. Those who have an additional vacation period without pay are included:

• citizens who deserve an old-age pension;
• veterans of World War II;
• disabled people.

In addition, the collective agreement may provide for other categories of retired employees who are provided with this form of recreation. At the same time, a retired employee has the possibilities guaranteed by law:

• take advantage of such rest at any convenient time (by combining with the main one or choosing another period for this);
• early recall from the holiday period is possible only with the written consent of the employee.

Grounds for providing

To receive additional leave for working pensioners in 2018, you must fill out a free-form application yourself and submit it to the head for consideration. According to the law (article 128 of the Labor Code of the Russian Federation), the head is obliged to provide vacation time to such an employee, but personnel officers recommend that they state in the application a good reason for providing days of rest (for example, a disabled pensioner can refer to a discount ticket for sanatorium-resort treatment, attaching documentary evidence to photocopy).

The legislative wording of the right of an employee-pensioner to additional rest requires the indication of a “good reason” as the basis for the provision of vacation days. Therefore, formally, the head can refuse to fulfill the request for additional rest (explaining this by industrial necessity, etc.), if the application does not give reasons for providing such a break in work. In the absence of a valid reason, the issue with days of rest is decided by mutual agreement, and the director can offer a rescheduling.

When can I interrupt my vacation without the consent of a pensioner?

According to labor law, interruption of additional leave for working pensioners in 2018, if necessary, is possible only with the written consent of the employee. But there are also unconditional reasons to interrupt the retirement leave – these include force majeure circumstances such as the elimination of consequences:

• natural Disasters,
• man-made disasters,
• production downtime.

Although it is legislatively possible at the initiative of the administration to interrupt additional leave for working retirees, labor veterans and other categories of workers, if there are good reasons (for example, incomplete treatment by voucher), the employee can continue to use the rest period set for him.

How long is provided

When applying for an additional vacation period for a pensioner, you need to know that the length of the rest time is not a static value and depends on several factors. This may include:

• type of vacation (paid or at your own expense);
• employee category (old-age pensioner, disabled person, etc.).

Leave without maintenance for working pensioners

An unpaid vacation period on preferential terms is granted to employees of retirement age in accordance with article 128 of the Labor Code of the Russian Federation. Depending on the category of workers, it will have a different duration:

• participants of the Great Patriotic War – up to 35 days;
• old-age pensioners – up to 14 days;
• disabled pensioners – up to 60 days;
• vacation for working pensioners to labor veterans – up to 35 days.

This duration is the limit indicator that an employee can count on, and it is often in his interests to take rest for a smaller number of days. For example, in a situation where an employee wants to earn more money or gain more work experience (of these periods, only two weeks are subject to accounting), it does not make sense to spend a lot of time on unpaid vacations.

Additional paid leave for pensioners in 2018

The legislation does not provide for pensioners special conditions for completing additional paid rest, so such periods are provided on general terms. The following persons are entitled to an additional vacation period:

• workers of hazardous and hazardous industries – they are entitled to 7 days of rest;
• working people in the Far North and equivalent territories – up to 24 and 16 days;
• workers with irregular working hours – up to 3 days;
• disabled people – up to 6 days;
• exposed to radiation at the Chernobyl nuclear power plant – up to 14 days.

The procedure for completing additional leave for pensioners

The head of the enterprise knows that additional leave for labor veterans and other categories of pensioners is provided at any time, so the procedure for obtaining rest days does not cause difficulties. The employee shall act as follows:

1. It is necessary to prepare and submit a request to the head with a request to provide the necessary number of additional days for a certain type of vacation (paid or at their own expense). An advantage will be an indication of the reason and, if possible, documentary evidence of the need for rest (for example, a medical certificate of health status and referral to a sanatorium).
2. When indicating the reasons, the head of the enterprise must provide the pensioner with the necessary days of rest.
3. If the reason is not indicated, then the director may try to refuse, explaining this by production necessity. In this case, the issue is resolved by mutual agreement with the possible transfer of holidays.

How to make a statement

Since the application is an official document, on the basis of which an order is prepared on the provision of the necessary vacation days, it is necessary to seriously approach its preparation. In the personnel department of the enterprise should be samples of the necessary documents. When making the following requirements must be met:

1. The application is made on a blank sheet of A4 paper with a minimum of corrections.
2. A 3 cm field is left on the left side so that the document can be hemmed.
3. At the top right, they write to whom the application is addressed (surname and initials of the head, his position). The applicant’s similar data is also provided immediately..
4. Then in the middle of the sheet is written the heading “Application”.
5. The main part of the document should contain a request for the necessary rest, indicating the date from which additional vacation days begin.
6. Be sure to specify the type of additional vacation (paid or at your own expense), it is desirable to give reasons and document them (this will help to avoid possible restrictions on the part of management).
7. The date and signature with the decoding are put in the bottom.