Author of the article: Lina Smirnova Last modified: January 2021 37792
Having reached retirement age and received a pension, many citizens continue to work officially, based on economic considerations or the desire to be in demand in society. However, they are not always aware that leave for working pensioners can be provided not only in accordance with the usual legislative procedure, which provides for annual paid rest for employees for a period established by law. Let's consider what types of leave are available to working citizens of retirement age, what are their features and the procedure for registration.
What vacations are available to working pensioners?
Regardless of the fact that new conditions for retirement have been applied in 2021, providing for a retirement age of 60 years for women and 65 years for men, preferential working conditions in the event of retirement age have been preserved.
Expert commentary
Kamensky Yuri
Lawyer
As before, while pensioners continue to work, the state provides certain preferences in terms of providing vacation time for rest. Chapter 19 of the Labor Code of the Russian Federation is devoted to possible options for leave provided to working citizens. It also applies to working citizens who have reached retirement.
According to the law, employees who have reached retirement age are entitled to:
- compulsory annual leave with payment of benefits lasting 28 days according to the calendar;
- additional vacation days with payment in an amount depending on the nature of the work and its location;
- leave without pay, provided to pensioners at their request for a two-week period.
Let's look at the features of each type of vacation.
How to apply
There are no clear rules for filling out this application, just as there is no standard template that is uniform for everyone. The only exception is large enterprises; sometimes their personnel departments have specially developed unified forms for all occasions, including for the provision of leave.
Most often, the application is written in free form.
The main thing is to indicate in the document the start and end date of the vacation, as well as the exact number of days (according to the calendar) and, if permission for an extraordinary vacation is requested, write about its reason.
The duration of the vacation can be any, depending on how the manager and subordinate agree. However, it should be remembered that the legal length of planned vacation is 28 days, therefore, if vacation is required for a longer period, then the remaining days are at the expense of the employee.
The document can be written either by hand or printed on a computer - the main thing is that there is a “live” signature on it.
Mandatory annual leave for pensioners
Like any officially working citizen, pensioners should be annually given a rest period of 28 days according to the calendar. It can be provided after six months after getting a job.
During the vacation period, employees retain their position and place of work. The enterprise is obliged to pay for vacation time in the amount of the average daily earnings accrued for these days. This provision is guaranteed by Article 115 of the Labor Code of the Russian Federation to all employees, including working pensioners. Therefore, their paid basic leave cannot be less than the statutory 28 days.
If a pensioner combines work in one or different organizations, then the same conditions and rights to annual leave should apply to him. This is enshrined in Art. 286 Labor Code of the Russian Federation.
Important! Leave is granted not for the calendar year, but for the annual period worked, calculated from the moment the employee joins the enterprise, with the exception of the first leave, which the employee can take in advance after 6 months of continuous work.
A pensioner can take vacation, like other employees, at a time agreed upon with the administration, according to a previously drawn up schedule. Vacation based on a pensioner’s application may be transferred to another time different from the schedule, subject to agreement with the employer. There must be a good reason for this.
Nuances
Pensioners who work in an organization cannot be denied days for additional rest without pay, but its duration must be fourteen calendar days. So says the article. 128 Labor Code of the Russian Federation. If this type of leave is longer, this will subsequently affect the calculation of length of service, which gives the right to an annual and paid period of rest. Therefore, as Art. 128 of the Labor Code of the Russian Federation, leave without pay should be no more than fourteen calendar days.
Rules for calculating vacation benefits
The amount of compensation payment for vacation time is calculated according to the following algorithm:
- A period is selected for calculating the pensioner’s average daily earnings. If he has been working at the enterprise for more than one year, then the earnings for the full previous year are taken into account, if he did not work for the whole year before the vacation, then all the time worked is taken into account;
- The total amount of earnings for the period selected for calculation is calculated.
- The average daily earnings of a pensioner are determined. To do this, the amount of total earnings for the billing period is divided by the number of days actually worked during this period.
- The amount of vacation pay is established. The calculated average daily earnings are multiplied by the number of vacation days.
Payment of benefits must be made no later than three days before the start of the vacation.
When a pensioner works under a temporary contract for a period of less than 2 months, or performs seasonal work, the duration of vacation is calculated based on the condition of providing two vacation days for each month worked. This provision was introduced by Art. 291 and Art. 295 Labor Code of the Russian Federation.
Additional paid leave
In addition to the 28 vacation days with payment of benefits established by the state, some categories of workers are entitled to additional days of rest with compensation of earnings.
These employees include citizens whose activities include:
- in conditions with extreme climates, in remote areas of the Far North. They are provided with 24 additional days of rest;
- in other extreme zones, with a climate equivalent to the conditions of the Far North. They are entitled to an additional 16 paid days;
- in hazardous conditions that are harmful to health. They are entitled to an additional 7 days of vacation;
- with existing disability. They can rest for an additional 6 days;
- in special extreme conditions. The duration of the vacation provided is agreed upon when concluding an agreement with the employer;
- in conditions with irregular working hours. They are given an additional three days of vacation.
Additional leave is provided for all listed employees, including those of retirement age. It can be used simultaneously with the main leave provided by law.
At some enterprises, employers themselves, by internal regulations or the terms of a collective agreement, establish the provision of additional vacation days to older employees, regardless of working conditions, since work itself in old age can be considered special.
Expert commentary
Leonov Victor
Lawyer
By agreement with the retired employee himself, additional days of vacation may be replaced by cash payments. An exception is leave granted to employees working in hazardous conditions.
Sample application for additional leave for a working pensioner without pay
Not every citizen who continues to work after retirement has information that he has additional benefits compared to other employees of the organization. We are talking about additional days of vacation, which can be used regardless of the annual paid vacation, which is provided to everyone by law.
How many days can a working pensioner take at his own expense? The Labor Code guarantees leave at their own expense for pensioners of 14 days, while working disabled people can apply for additional leave without pay for up to 60 days. To do this, the employee only needs to submit an application in the established form to the employer.
Leave for pensioners without payment of benefits
According to Article 128 of the Labor Code of the Russian Federation, in addition to the main annual leave, an employee of retirement age is entitled to rest days without payment of benefits for a period of two weeks (14 days). An employee, if he is a pensioner, can take unpaid vacation days at his own discretion at any time by submitting an application to the management of the enterprise. In comparison with the main leave, which is subject to mandatory approval by the employer and provided in accordance with the drawn up schedule, unpaid leave must be provided during the year at the first request of the oldest employee; it does not need to be agreed upon with management.
Important! It is illegal to recall a pensioner from vacation ahead of schedule, except in cases of force majeure.
All pensioners have the right to leave without pay, regardless of the conditions and nature of work, as well as its schedule. The duration of free rest depends on the status of a working pensioner. For example, if he is disabled, then in addition to the main vacation, he is entitled to 60 additional days of vacation every year without payment of benefits. WWII veterans are given 35 days of rest.
Article 128 of the Labor Code of the Russian Federation. Leave without pay (current version)
1. In addition to annual paid leave, employees in accordance with the commented article may be granted leave without pay.
In accordance with Part 1 of Art. 128 the duration of such vacations is determined by agreement between the employee and the employer. Thus, in each specific case, the duration of leave without pay is determined by agreement of the parties, depending on the circumstances (reasons) for which the need for such leave arose.
2. Leave without pay can be granted (upon a written application from the employee) only if there is a good reason. Therefore, in the application, the employee must indicate the reason why he needs leave.
Whether the reason is valid is up to the employer to decide. According to established practice, valid reasons, in addition to marriage, death of close relatives, include seeing off a son for military service, sending children on vacation to summer camps, etc.
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.
The first group includes leaves granted for family and other valid reasons.
The second - vacations provided for in Part 2 of Art. 128 for certain categories of workers (this list is not exhaustive). The employer is obliged to provide leave without pay in other cases provided for by the Labor Code, other federal law or collective agreement.
In particular, the employer is obliged, based on a written application from the employee, to provide leave without pay:
- participants of the Great Patriotic War - up to 35 calendar days a year;
- working old-age pensioners (by age) - up to 14 calendar days per year;
- 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;
— working disabled people — up to 60 calendar days a year;
- employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.
Other cases of granting unpaid leave provided for by the Labor Code and other federal laws include leave granted:
- employees caring for minor children, for a period of up to 14 calendar days - in accordance with Art. 263 Labor Code (see commentary to it);
- workers - Heroes of the Soviet Union, Heroes of the Russian Federation, full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - for up to three weeks a year at a time convenient for them (Law of the Russian Federation “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”, Federal Law “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory”);
- employees admitted to entrance examinations - 15 calendar days;
- employees - students of preparatory departments of educational organizations of higher education to pass the final certification - 15 calendar days;
- employees studying in state-accredited bachelor's degree programs, specialist programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days in the academic year, for preparing and defending the final qualifying work and passing the final state exams - four months, for passing final state exams - one month (see commentary to Articles 173, 174);
- veterans of the Great Patriotic War, veterans of military operations on the territory of other states, incl. and disabled people - from 35 to 60 days a year (Articles 14 - 19 of the Law on Veterans).
4. In all cases of granting leaves without pay, regardless of their purpose and duration, they must be formalized by an order (instruction) on leave.
Having received unpaid leave, an employee can interrupt it at any time and return to work, notifying the employer about this.
Comment source:
Rep. ed. Yu.P. Orlovsky “COMMENTARY ON THE LABOR CODE OF THE RUSSIAN FEDERATION”, 6th edition ACTUALIZATION
ORLOVSKY Y.P., CHIKANOVA L.A., NURTDINOVA A.F., KORSHUNOVA T.YU., SEREGINA L.V., GAVRILINA A.K., BOCHARNIKOVA M.A., VINOGRADOVA Z.D., 2014
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.
Basics
Many citizens of our country continue to work after reaching retirement age. This is influenced by various factors. Including a small pension, and a reluctance to just sit at home doing nothing, if possible, receive a stable income. Therefore, these categories of people continue to work in enterprises and organizations. They have equal rights with other subordinates. The manager cannot refuse employment to such citizens because of retirement age, because this would be a violation of the law. In addition, these individuals have some advantages:
- may not work for two weeks upon termination of the contract;
- because of their experience and high qualifications, it is easier for them to remain in their position if they are laid off;
- rest without pay, according to Art. 128 Labor Code of the Russian Federation.
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.
For what period is it provided?
When applying for an additional vacation period for a pensioner, you need to know that the length of rest time is not a static value and depends on several factors. This may include:
- type of leave (paid or at your own expense);
- employee category (old age pensioner, disabled person, etc.).
Leave without pay for working pensioners
An unpaid vacation period on preferential terms is provided to working 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 different durations:
- participants of the Great Patriotic War – up to 35 days;
- for old age pensioners – up to 14 days;
- disabled pensioners – up to 60 days;
- vacation for working pensioners and labor veterans – up to 35 days.
This duration is the maximum that an employee can expect, and it is often in his best interest to take fewer days off. For example, in a situation where an employee wants to earn more money or accumulate more work experience (only two weeks of the specified periods are counted), it does not make sense for him to spend a lot of time on unpaid leave.
Additional paid leave for pensioners in 2021
The legislation does not provide special conditions for pensioners to obtain additional paid leave, therefore such periods are provided on general terms. The following have the right to an additional vacation period:
- workers of harmful and dangerous industries - they are entitled to up to 7 days of rest;
- workers 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.
