Leave of the teacher of additional education. How long does teachers leave

03.02.2018, 21:36

In general, employees are entitled to leave of 28 calendar days. However, some categories of workers are entitled to longer leave than usual. These privileged employees include, in particular, teachers. We will tell you what an extended vacation is. teaching staff in 2018.

Everyone is entitled to a vacation, but only a few to an extended one.

In general, the duration of the annual leave granted for a full working year is 28 calendar days (Article 115 of the Labor Code of the Russian Federation).

Educators are entitled to long leave

One of the categories of workers for whom extended leave is established are teachers (Article 334 of the Labor Code of the Russian Federation). Extended leave of teaching staff is set in the Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466 and ranges from 42 to 56 days. The duration of the leave for teachers is established depending on the type of educational organization and the position held.

In accordance with the current legislation, the right to vacation arises for employees after 6 months of work at the enterprise (part 2 of article 122 of the Labor Code of the Russian Federation). You can provide a vacation in advance, that is, before the expiration of the six-month period. However, this is the right of the organization, but in no way its obligation (Articles 122, 177 of the Labor Code of the Russian Federation). That is, in general, leave of up to six months of work is possible only by agreement with the administration of the organization.
In exceptional cases, when it comes to certain categories of workers, the granting of leave of up to 6 months of continuous work in the organization may be mandatory for the company (Articles 122, 123, 262.1, 267, 286, paragraph 5 of Article 14 Federal law dated 05/15/1991 No. 1244-1, art. 14-19 of the Federal Law of 12.01.1995 No. 5-FZ).

For example, the following employees of educational institutions are entitled to 56 days of leave:

rectors and vice-rectors (directors and deputy rectors);
directors and heads of branches of educational institutions additional education;
teaching staff;
teachers;
instructors-methodologists;
educators;
accompanists.

A complete list of teaching staff of educational institutions who are entitled to extended leave is contained in the Appendix to the Decree of the Government of the Russian Federation of May 14, 2015 No. 466.

For your information
In addition to extended leave, teaching staff have the right once every 10 years to take a long leave of up to one year without retention wages.

Leave of teachers, due to the complexity and intensity of the profession, differs in duration. By labor law citizens working with children cannot rest less than the established 28 days, but they have the right to count on additional rest over the standard duration. The Labor Code of the Russian Federation provides teachers with the following extended vacations:

42 calendar days;
56 calendar days;
once a decade - vacation, lasting up to a year.

All persons whose professional activities are in one way or another related to the educational process have the right to extended leave. These are employees of preschool, general education and specialized institutions, universities and technical schools. In addition, the leave of a teacher of additional education, for example, a teacher in a music or art school, also increased.

Important! In order to determine the number of vacation days for a particular teacher, in 2013 a nomenclature of positions was introduced, which sets the duration of the leave of teachers.

Who is eligible for 42 days of leave?

You should immediately make a reservation that the calculation of the rest time depends on the hours worked. Leave for teaching staff is granted on the same basis as for other employed citizens. The teacher must work continuously in one institution for at least six months in order to exercise the right to receive rest.

The main requirement for the employees of the above institutions is participation in the educational process and methodological activities. The extended leave of teaching staff of 42 days is laid down:

most employees preschool institutions(this duration of rest is established for educators, speech therapists, methodologists, music directors, managers, with the exception of those who work with children with disabilities);
pedagogical workers and the management of continuing education organizations (the only exception is the leave of a teacher of continuing education who works in a certain field of arts or with sick children).

The rest can be longer than the established forty-two days. Guarantees for granting exemption from work to residents, for example, of the Far North, remain. In this case, additional rest time is added to the set 42 days, the duration of which is determined by law. Let's say that an additional 24 days will be included in the calculation of the leave of a teacher working in the Far North. That is, the total duration of exemption from labor will be 66 days. Leave of caregivers kindergarten may be reduced, but not less than to the minimum - 28 days with the provision of compensation for the non-holiday period.

Read also Does the employer have the right to refuse leave at his own expense

Exemption from work for a period of 56 days

Teachers at schools, universities and other educational institutions can count on long-term exemption from work duties. The nomenclature of positions, developed in 2013 in Russia, determines the length of leave not only depending on the type of position, but also depending on the educational institution. This means that the vacation of a teacher teaching in kindergarten and the vacation of a school teacher do not coincide in duration, although the position is essentially the same. Such a difference is provided due to the specifics of the working process of these institutions (in schools, a long vacation and an increased workload on teachers).

Rest of 56 days is provided for:

preschool teachers teaching people with disabilities or children requiring long-term treatment;
teachers in schools;
art teachers and heads of schools;
employees of organizations working in the field of additional education for disabled citizens;
teachers of universities, academies, technical schools;
teachers of orphans' homes, centers of medical and social assistance and other specialized organizations.

The 56 days exemption from work must be fully paid under the Labor Code. If the teacher wants to arrange a vacation of a shorter duration, he is provided with compensation. Failure to provide leave for more than two years is unacceptable. Employees of educational organizations have the same right to rest as other employed citizens.

The procedure for release from labor duties for up to a year

except annual leave, teachers have the right to count on a long rest once a decade. Such an opportunity is provided only if the employee conducted his activities continuously, has confirming records in work book, and a long absence cannot significantly affect the educational process and the teacher's career. How many days or months to take for the teacher, he decides on his own.

When registering a holiday, the employee's previous educational activities are taken into account. Continuous work experience includes:

actual time of work as a teacher, including when replacing other teachers;
the time when the person did not work, but the person retained the position (for example, due to illegal dismissal, during the period of disability or decree);
Internship;
if the employee changed his place of employment, but the period between dismissal and taking up a new position took less than three months, the length of service is also not interrupted;
collective agreement may establish additional grounds accruals continuous experience.

Read also List of documents for registration of maternity leave

Long-term relief from job responsibilities provided to the employee at his request. During the vacation period, the teacher retains his place and the volume of work. The only exceptions are changes in the curriculum, school plans, and a decrease in the number of students. Dismissal, transfer at the initiative of the head in the absence of the employee is also not allowed.

Procedure for providing

Leave of an educator or teacher is granted on the same grounds as for other categories of employed citizens. It is a mistake to believe that teachers only have a rest in the summer. The law provides for the opportunity to go on vacation at other times of the year, usually during periods of vacations for pupils or students. As in many other enterprises, educational institutions draw up schedules on the basis of which teachers have the right to be exempted from the duties assigned to them by the labor agreement. Employees have the right to divide the allotted 42 or 56 days into parts, the main thing is that one of them is at least two weeks.

The right to an annual paid vacation arises after the first six months worked for the employer. This provision does not apply to citizens caring for a child, women who need to go on maternity leave, or adoptive parents of small children. In the above cases, the manager is obliged to release the employee within the time period specified by the employee in the application.

The number of rest days may be increased due to public holidays. Let's say a teacher who went on vacation for a month at the beginning of June will add a Russian holiday to 2019. The rest will be not 30, but 31 days. The period during which the teacher is released from duties is included in his general continuous experience. At the same time, the workplace is preserved.

The procedure for issuing a vacation is standard: the teacher is obliged to draw up an application based on the vacation schedule, and the personnel service employee must prepare the corresponding order.

The employee's annual leave is paid. It is calculated, as for other categories of employed persons, that is, the average daily salary of a teacher is taken as a basis and multiplied by the number of days when the teacher is released from his main activity. State Decree No. 922 determines the calculation procedure based on the citizen's salary for Last year... Still internal local acts organizations can deviate from this requirement and establish a different period that does not worsen the employee's position (for example, the last six months can be taken as a basis).

Long rest for teachers, summer and winter vacation days are one of the advantages of the pedagogical sphere. Employees of schools and other educational institutions have the right to issue it in other periods, but so that the absence of a teacher does not affect the educational process, most employees choose the time of vacation for this purpose. A less hectic summer schedule (and a different vacation period) allows educators to go on annual paid vacations without entrusting students to other professionals.

Labor Code of the Russian Federation article 335 long leave of teachers up to 1 year

Art. 335 regulates one year of rest for teachers in every 10-year period continuous works... The procedure for registration is determined by the local executive authority (Ministry of Education), while guaranteeing the employee:

safety of the workplace for the teacher after the expiration of the period of rest;
the presence of the previous hourly workload for the teacher (in the absence of innovations at the legislative level);
fulfillment of labor obligations in the same territory and in the same institution (the transfer of an employee is possible only with his consent or upon liquidation of the company);
adding to the annual period the number of days, if any sick leave(for being on sick leave), or days of rest are postponed to the nearest time;
provision of one-year vacations when caring for a sick family member, which is carried out by an employee (the rest period does not increase or decrease).

How many days are teachers on vacation?

In 334 Art. The Labor Code of the Russian Federation indicates the number of possible rest for a teacher and teacher - 42-56 days, the specific number of days is determined at each enterprise individually, depending on many factors (type of educational institution, position). School teachers usually rest for 56 days, educators - 42.

Procedure for providing

There are several features of providing long-term leave to teaching staff that have a legislative basis:

Teacher, counselor, teach, head nurse, director and their deputies of educational institutions and secondary schools, primary and secondary vocational education, teaching staff of universities and some other educational institutions are entitled to 56-day vacation.
Head, deputy, educator, music director and some other members of the staff of the preschool educational institution and other organizations preschool education- 42 days.
In the presence of the words "senior" and "chief" in the position, the employee is also entitled to extended vacations.

Minimum volume in one educational institution for a teacher - 150 working hours. If the size of the output is less, then the employee of the pedagogical organization is not entitled to extended vacations and he is assigned a 28-day one. Complete list employees who have the opportunity to qualify for a long vacation are governed by the decrees of the Russian Federation No. 724 and No. 1052.

Regulations on long-term leave of teaching staff

The procedure for calculating vacation days is regulated and establishes the following:

Long vacations, up to 12 months, are provided to employees of the educational institution controlled by the Ministry of Education.
Art. 55 provides for at least one long rest every 10 years of teaching employment (not necessarily at one place of work, including work in other pedagogical state institutions).
The duration of the teacher's experience is established by analyzing the entries in the work book or if other documentation is available.
The calculation of the teaching experience is carried out by the management and the trade union body and includes the following: actually worked period; the period when, in fact, the employee did not work, but the position was listed for him; time for professional development or training.
Long leave can be granted at any time as agreed with the management. Extra-budgetary payments are made in accordance with the charter of the organization.
Leave is granted to a teacher at correct design documentation for this: statements, orders. For higher-ranking employees (managers), leave is issued by the Ministry of Education.

Creative leave for teachers - the procedure for providing

In order to avoid legal violations, sending an employee on a long vacation is treated with special care. The order of registration is as follows:

The basis for granting a long vacation -.
The organization to which the employee is subordinate draws up an administrative act.
The personnel and accounting department, the trade union fund and, in some cases, the Ministry of Education, are calculating and approving the 10-year experience of the teacher. If he was employed in one place, there should be no problems. If a pedagogical employee has been trained over the past 10 years, changed several jobs, then for documentary proof of experience, several extracts will be needed, which may already be in his file at the last job.
Payments to a teacher are made on the basis of a collective agreement, at the expense of funds received from the main field of activity of the organization.
Dispatch of a teacher or educator is approved -.

Order

The approval of any pedagogical decisions of each organization is carried out with the help of an order. The basis for considering the issue of vacations of a teacher, educator or other person is his handwritten statement.

Consideration of the application of a pedagogical employee takes place in accordance with the regulations of the enterprise and the statutory rules adopted in it. If the institution does not incur significant losses when sending an employee on a long vacation, then the issue is considered by the head, a specialist in the personnel and accounting department and a decision is made in the form of an order.

A kindergarten teacher is also a teacher, only with his own special characteristics.

As you know, workers in the pedagogical sphere have a special one, this is due to the peculiarities of the profession itself and the load that they carry during school year... There is no school year or vacation for educators at all, but the time of their work is of a more standardized nature.

So how many vacation days does a kindergarten teacher have? And are there additional conditions for rest for workers in this field?

Citizens who joined labor Relations with the employer, regardless of the position held and the work performed have. A balanced approach to work and rest allows employees to perform their duties efficiently and take good care of their health.

Rest is divided into several categories:

- technical and for meals.
Days off when a person is freed from work for 24 hours or more.
Vacation.

Vacation is the longest vacation. Vacation periods are provided to all employees, without exception, annually. According to the Labor Code Russian Federation, the minimum vacation period is 28 days. These days can be selected by the employee at a time or divided into parts. It is allowed to divide the vacation period into any amount, provided that one of its parts is at least 14 days.

The right to a vacation arises automatically from the beginning of work, but it can be used subject to certain conditions. In the first year of work in the organization, he will be able to apply for an employee no earlier than he has worked for six months. After six months, he can immediately take the entire period due to him or take only part of it. In subsequent years of work at this enterprise, provided that the experience was not interrupted by departures, you can take days of rest at any time, starting from the day the new working year... The working year is an individual indicator that begins its countdown from the moment an employee is hired. When moving to another organization, the working year is already counted according to the new dates.

As a rule, in most cases, the length of the vacation period is not affected by the length of service. Although there are professions where, with an increase in continuous experience, the duration of annual rest also increases, for example, for rescuers.

Leave types for teachers

There are a number of cases where days without pay are granted to workers on mandatory... Such rules relate to special life moments that are prescribed by law:

Birth of a child.
Wedding.

In the event of any of these cases, it will be allocated from 3 to 5 days at its own expense.

When is the vacation provided?

V Labor Code it is indicated that the vacation time is chosen by the two parties to the agreement. Typically, this process proceeds as follows:

The employee selects the desired dates of rest.
The employer agrees or corrects deadlines.

V educational institutions a special order has been established, which is secretly considered unshakable and subordinated to the educational process itself.

It is inconceivable that teachers will take turns going on a long vacation during the school year. This can disrupt the course of training and disrupt strictly installed program education. Therefore, teachers have a rest during the holidays, as a rule, we are talking about the longest of them - summer.

Since not only teachers, but also educators and psychologists are counted among the teaching staff, the time of their vacations is set depending on the institution where they work.

In kindergartens, as such, there are no vacations at all, so here vacations are issued according to the system of the selected sequence, without reference to any particular time of the year.

It will be interesting for you

All teaching staff, due to the complexity of their profession, are entitled to an extended vacation period every year. Kindergarten teachers are considered a separate species teaching staff, because they do not have a generally accepted "school" year, and work time subordinated to a more stable routine than, for example, teachers. How many vacation days does a kindergarten teacher have, and are there any additional benefits in terms of rest for such employees?

Calculation rules

The length of leave for a kindergarten teacher does not change depending on the length of service, and most often such a vacation is provided in the summer months, since most children leave with their parents for summer vacation.

However, as such, educators do not have summer "vacations", and they can take vacation days at any time.

Before receiving days of rest, educators are assigned a special payment in the accounting department of their institution - "vacation pay", the amount of which is equal to the average employee's earnings per day of work and multiplied by the number of days that make up the vacation time.

There is one nuance in the Labor Code regarding the correctness of the calculation of vacation pay: given that the size of the working day changes every month, the average number of days in a month has been set - 29.3.

This coefficient is needed in order to produce simple calculation:

Average daily earnings are the total earnings and bonuses for the year multiplied by 29.3.
The vacation pay is the average daily earnings multiplied by 42 days.

The kindergarten teacher is ranked among the second category of teaching staff and is entitled to paid leave of 42 calendar days annually.

The right to rest annually arises for any employee of a preschool pedagogical institution automatically upon admission to any position. However, an employee will be able to take advantage of his legal "out of work" days only if following condition: must have worked at least 6 months at the time of the leave.

After six months of work, the employee can either immediately go on legal rest, or demand from the employer part of the rest days, no more than 14 days. Later, the educator can take legal vacation days at any time of the working year.

The working year is a special indicator that begins from the day the teacher is hired at the place of work. Labor years are counted only in one organization, and when moving to another, the counting date changes and the labor years begin to be re-calculated.

There are three categories of educators in the main pedagogical staff of the kindergarten:

junior educators;
senior educators or methodologists;
head of the kindergarten.

Naturally, all educators still cannot take rest days whenever they want, as this will negatively affect the learning process, so educators take turns leaving in predetermined months that can be chosen.

The manager can go on vacation solely for his own reasons and desires, however, in order to carefully monitor the process of teaching children, managers do not rest in September-October, when the influx of parents who arrange their children in kindergarten is especially huge.

Rest time is divided into several types:

Technical day breaks and weekends. 24 or 48 hours, if it is two days, is needed for a person to rest from his main work activity. At this time, he is completely freed from work and can devote these hours to his personal needs and affairs.
Annual paid vacation. The longest vacation for which the employer has to pay. For a kindergarten teacher, its duration, as already mentioned, is 42 days. For example, the teacher's annual vacation high school, equals 56 days.
At your own expense. This species is needed to solve their life problems. It is required from the management in any month of the working year. Such rest is limited to two weeks, unless there are other reasons for its duration to be increased. This vacation time is not paid by the management and is always coordinated with the management separately. The head has the right not to give consent to this petition.
Maternity leave and parental leave. Specialized days of "rest" from the main work. On maternity leave, an employee who is going to become a mother leaves at the 7th month of pregnancy.

After the birth of the child, she is also entitled to a month of maternity leave. And after that, you can already take out parental leave until he reaches the age of one and a half or three years. In this type of vacation, both the newly-made mother herself can go, as well as the father of the child. However, only one of the parents has the right to be in such a long "day off".

Teaching staff are entitled to extended leave depending on their pedagogical classification, yearly. For example, teachers teaching in advanced training courses, pedagogues teaching disabled people of the first, second and third groups or children undergoing correction, as well as psychologists, teachers of primary, secondary and top level receive extended leave of 56 calendar days each year.

Employees of the preschool educational institution receive 42 days, which is also considered an extended rest time, since according to the Labor Code of the Russian Federation standard size the vacation period for an employee is 28 calendar days.

There is also special view vacation period without pay. All teaching staff can take such rest once every 10 years. Its duration is based on the wishes of the employee and can be no more than twelve months in duration.

Of course, the hours issued for such a vacation are not paid, but the employee fully retains the workplace and position, as in the case of maternity leave or childcare.

In addition to a special vacation period, teaching staff can take vacation days that will not be paid - time off. These days will be provided to the employee by the employer to solve personal problems. The total "time off" can be up to two weeks per working year according to the law for one employee. He can take them any day.

This, of course, does not include sick leave and travel tickets, which officially record the number of days in which the employee was absent from work due to illness or was on a business trip.

Days added in addition to annual reserves will create a recalculation situation work experience and to the fact that the accounting department, together with the management, will transfer the employee's vacation time for more late period, since they were taken time off in excess of the norm.

Rest without pay is also always agreed with the authorities. Moreover, as in the case of vacation at their own expense, the employer can simply refuse such a request to the employee.

Such a leave was requested by the head teacher of a secondary school, who has been engaged in teaching for more than 15 years. The reason is quite valid - there is no one to sit with the newborn granddaughter, since the parents (the children of this head teacher) have urgent work abroad. In such a situation, the director refuses such a long vacation time, since the head teacher holds a very responsible post and is responsible, for example, for the entire methodological part of the institution's work.

Soon there will be ministerial inspections, and it is not possible to look for and train a new person. In this case, the employee will be refused. However, if the home situation is really hopeless, then the head teacher will have to make a responsible decision and resign from a good position in on their own, or parents will look for a temporary nanny for their baby. But this, for some reason, may be unacceptable to them.

Decisions in favor of such extended unpaid leave depend on the management of the general education or preschool institution.

Participants of the Second World War, prisoners of concentration camps or repressed. These workers can take, in addition to the stipulated annual rest and time off, a long vacation period equal to 35 days at a time or in parts.
Employees who have reached retirement age. These workers can take two weeks in addition to the main vacation days at any time of the working year.
Military wives / husbands. This category of pedagogues can also count on an additional two-week rest every year.
Pedagogical workers in difficult conditions working conditions, for example, kindergarten teachers working in the North, in conditions of extended winter weather and short daylight hours... They are also entitled to 24 additional calendar days, or in equivalent to northern areas - 16 calendar days with a percentage increase to wages.
Employees with disabilities, usually third working group or the second with limited work activity, for example, for disabled children. For such a constellation of workers, vacation days are additionally provided - up to 2 months a year.

Finally, unpaid days may be granted to employees due to unforeseen life situations e.g. in case of accident or death loved one, an emergency household incident or when moving to a new place of residence. For such cases, the employer allocates from 3 to 5 days for any teacher.

The registration of vacation days begins primarily after the agreement of the terms of rest between the employer and the employee. Usually, the employee chooses the desired days himself, and the management agrees, or corrects and offers the employee another suitable time to choose.

A special vacation procedure has been introduced for teachers, which does not harm the general educational process, but obeys it. That is why such an order is unshakable, since it is very difficult to imagine that teachers took turns taking long vacations. This will not only disrupt the entire learning process, but also jeopardize the passage of the educational program, so for them vacation time is the summer months.

Kindergarten teachers can choose a vacation according to their personal preferences and the sequence established by the employer, without being attached to a certain time of the year.

When registering leave for educators, the heads of a preschool educational institution can issue the following types of orders:

Order for granting leave in the form N T-6 and N T-6a. This order is drawn up in the case of a regular annual vacation period. This paper reflects the length of service of the employee and the number of vacation days granted to him under the Labor Code of the Russian Federation. A similar vacation period can be compensated financially at the request of the employee, then an order is issued to pay the employee compensation for part of the vacation, the days of which will be paid by the employer.
Order to recall an employee from vacation. The employee's recall is also carried out only if the employee does not mind satisfying the request of his superiors to leave the vacation period ahead of schedule, and given consent fixed in writing. If a subordinate refuses to leave at the request of the manager, then this will not be considered a violation. employment contract.
Vacation postponement order. Such a document can be drawn up only when the absence of an employee can adversely affect the entire work process, for example, during a state audit. Only then can vacation days, with the consent of the employee, be transferred to the next year. According to the Labor Code of the Russian Federation, it is forbidden to deny an employee a vacation for two years, or to transfer vacations to those employees who are employed in hazardous work.
Renewal order. It is possible to extend vacation days due to temporary disability of an employee, or if he performed public duties during his vacation.

The vacation order is accompanied by a vacation application written by the employee's hand.

The boss must notify the employee of the decision made on his annual vacation no later than 14 days before the expected date of the vacation period.

Thus, preschool educators, as employees of the second category of pedagogical workers, are given 42 days extended leave yearly. This time in full size paid by the employer as a result of which "vacation pay" is issued - cash payments equal to the employee's average daily earnings multiplied by the number of rest.

In addition, employees of preschool educational institutions may leave during an unpaid vacation period, or, after ten years of service, demand a long leave without pay for up to twelve months.