Additional leave for working pensioners

After retirement, most citizens continue to work, since the benefits provided every month are not enough to pay for their current needs. For this category of pensioners, the norms of legislation, in particular Art. 128 of the Labor Code , various state benefits are guaranteed by employers. For example, certain employees may be able to work shorter hours. In addition, they are given additional leave at their own expense.

Annual additional leave at your own expense for old-age pensioners (Article 128 of the Labor Code of the Russian Federation). Duration

Every working pensioner has the opportunity, if any difficulties in life arise, to appeal to the employer with a request to provide a certain number of days of additional rest at his own expense. You can count on no more than 14 days per year.

When does a pensioner have the right to take this leave?

The annual additional rest is a benefit provided to employees of retirement age, so it can be taken out at any time convenient for the employee. In this case, management has no right to refuse an employee. In addition, you can use it in parts or attach it to the main vacation. When preparing documents, management is obliged to take into account the employee’s opinion on this issue.

Legislative side of the issue

For men aged 60 years and older, women aged 55 years and older, retired military personnel, citizens who became disabled due to disability and who continue official work, the state provides vacation time in accordance with Art. 115 Labor Code of the Russian Federation.

The period of time off for older persons is 28 days, provided and paid by the employer. During the rest period, the employee is paid a salary, the amount of which is the average daily rate.

The same principle for registering release from work applies to employees of retirement age for whom work in the organization is a part-time job.

Legally, additional leave may be granted to working pensioners in 2020, during which the employee’s salary is not maintained.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

While in the status of a pensioner, a citizen has the right to receive an additional compensatory period every year, which can last 14 days. This time is not paid by the employer.

According to the law, working pensioners are entitled to an additional 7 days of vacation every year if they have the status of a WWII veteran. The state gives disabled pensioners the right to 60 days of rest, which employees arrange at their own expense.

Employees who are veterans can request extraordinary time off from their employer at a time that is convenient for them.

The length of time away from work, agreed upon by both parties, is counted from the moment the application is received.

In some cases, you may need time off, which is issued in connection with child care. Employees have this opportunity if their parents waive their right to this type of vacation.

Types of time off

The law on additional leave for working pensioners can be found in Chapter 19 of the Labor Code of the Russian Federation.

Here you can find all the information regarding the existing types of vacation periods.

Residents of Russia who, being retired, decide to continue working, are provided with the following types of vacation days:

1. paid annual - given to all employees in the amount of 28 days, subject to a six-month period of work before this;
2. paid additional payment – ​​the possibility of registration and duration depend on the specifics of the work;
3. unpaid - given for certain reasons with the consent of the management of the enterprise.

A written request serves as the basis for processing one of the types outside of working hours. The rest period can be from 14 to 60 days.

Paid vacation

Additional leave is granted to working pensioners for the reason that their work activity is considered as a special type of work - citizens who have already earned pension benefits from the state have not stopped working.

This is one of the reasons on which this category of the population has the right to additional time away from work. It can be used in conjunction with the main period, or in another period when necessary.

Paid holidays for working pensioners

Employees of enterprises belonging to the category of dangerous or harmful have this right.

How many days of additional leave a working pensioner is entitled to depends on the characteristics of the work and the category to which the employee belongs.

Additional days for vacation for working pensioners:

• with irregular working hours – 3;
• those performing work with special needs – 3;
• for workers of the Far North – 24;
• for workers in areas equivalent to the north – 16;
• harmful and dangerous working conditions – 7;
• with officially confirmed disability – 6;
• participants in the liquidation of the Chernobyl nuclear power plant – 14.

The Labor Code gives the employer the right to independently determine the time of extraordinary time off for an employee, if everything is done according to the rules.

The organization must have the production and economic resources to realize this opportunity. Registration conditions and other nuances are decided at the local level by trade union bodies.

Unpaid vacation period

Regarding unpaid additional time off, the conditions for its provision are placed in Article 128 of the Labor Code of the Russian Federation.

Citizens who do not belong to any of the categories described above can take additional days at their own expense.

This time is calculated in days and each group of persons is entitled to a certain number of them:

1. for workers receiving old-age pensions – 14;
2. for WWII participants – 35;
3. for labor veterans – 35;
4. for persons with disabilities – 60;
5. for close relatives of deceased military personnel, or those who died as a result of a disease acquired during service – 14;
6. wedding, death of a loved one, birth of a child – 5.

The article of the Labor Code contains an explanation that this kind of leave of 14 days is provided for all employees who are of retirement age; retired military personnel; other persons. This provision does not apply to veterans, disabled people and equivalent categories.

No one has the right to recall an employee from time off taken at their own expense - this is only possible under force majeure circumstances. Only 14 days of this period are recorded in the employee’s length of service.

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Decor

Each enterprise has a developed schedule and procedure for providing additional leave to working pensioners.

It is not necessary that the employee has already received a pension. You can receive the first due period of release from work if you have worked in the organization for at least six months.

Registration of additional leave for a working pensioner

Regarding vacation at your own expense, you can arrange it earlier, without working for six months.

You can get additional vacation days like this:

• independently write a written appeal (application) addressed to the manager;
• wait for the boss’s signature;
• the HR department issues an order based on the request;
• the manager signs the order;
• from the date mentioned in the order, the employee may not go on shift.

Without coordinating the issue with your manager, you cannot organize your own vacation. An employer does not have the right to refuse to grant a team member temporary release from work after a written request.

Conclusion

Temporary exemption from work on a general basis, or additional time for this, is guaranteed to employees of retirement age at the level of Labor Legislation. The employee has this right until the termination of the employment contract.

Registration of additional leave

The process of obtaining additional holidays for pensioners has its own characteristics. In this matter, they have certain advantages over other categories of workers.

Do I need to notify the employer? In what time?

If ordinary employees, in order to receive leave at their own expense, need to submit an application two weeks before the planned date, then an employee of retirement age has the right not to notify his superiors in advance. He can receive time off immediately on the day of application.

Documentation:

To receive additional days of rest at your own expense, you need to apply for:

• an application from a pensioner drawn up in the name of the head of the organization;
• leave order.

As soon as these documents are completed, the pensioner will be able to go on vacation.

Application - how to write it?

To receive additional days of rest, a working pensioner must write a corresponding application. This document is compiled in free form.

The application must indicate the following points:

• the name of the company or enterprise where the employee works;
• the position held by the boss and his full name;
• the position held by the employee and his full name;
• a briefly stated request for additional days of vacation, indicating the date when the vacation is planned to begin.

At the end, the employee must sign and date the document. Then it must be registered in a special journal, which is maintained by an authorized employee. After this, the application is submitted to the director of the company. The boss imposes a resolution on the provided document, and the HR department is ordered to prepare a corresponding order.

An order to provide leave at your own expense - how to draw up?

The order is a unified form T-6.

It contains the following information:

• Full name of the employee and position held by him;
• the duration of the leave provided, indicating its start and end dates;
• the reason for providing vacation days;
• article of the Labor Code, according to which the employee is entitled to rest.

The employee must carefully read the order and, if he is satisfied with the specified conditions, sign.

How to write an application for vacation 2020-2020 (form, download form, sample)

1. In the upper right corner, write to whom you are addressing your application and indicate from whom (for example, “To the Director of Romashka LLC” Ivanov A.A. from engineer Sidorov V.V.).
2. In the center, in lowercase letters, indicate the name of the document - application.
3. Main text: “Please provide me with another paid leave from 01/01/2020.” If you plan to use all the allotted days of rest, then until what date the vacation will last, you don’t have to indicate, but if you choose only part of the vacation, then write further, for example, “until 01/15/2020.”
4. At the end of the application, the date of submission of the document and the signature of the employee are indicated.

This is interesting: Benefits for young families without children in 2020 in the Lipetsk region

A sample vacation application is a document that will be useful to every employee planning their annual vacation. Below we will talk about how to write a vacation application; we will give several examples depending on the specific situation.

Leave for labor veterans - what type of leave is provided?

Veterans of labor, like other employees, have the right to annual paid rest and additional vacation days at their own expense.

Important! It should be borne in mind that in this matter this category of employees does not have special benefits, unless they are listed in the relevant regional legislative acts.

Does a labor veteran have the right to additional leave without pay?

A veteran of labor has the opportunity to take additional annual leave without pay. However, the legislation does not establish a specific period for which rest can be granted. This issue is resolved at the regional level by local authorities.

Additional leave for working pensioners in 2020: registration procedure

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

• the employee reaching the age limit of 55 years for women and 60 years for men in 2020 (for state civil servants - 56 and 61 years);
• presence of disability;
• the right to social payments for state security.

10 Jun 2020 lawurist7 264
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Procedure for granting pension leave

Additional paid leave for pensioners is provided according to the same rules as for other employees. If an elderly employee asks the employer for days off provided for by labor law, the latter has no right to refuse him. It is important that the circumstances of the provision of rest are documented.

The procedure for applying for additional leave for working pensioners is given below:

1. The employee submits an application for consideration to superiors within the period established by law. The document can be designed arbitrarily. It asks for a certain number of days off. It is important to refer to the provisions of labor legislation. You also need to provide a list of attached documents;
2. the employer reviews the employee’s application for a certain time, makes a decision and puts a resolution on it. In most cases, management agrees;
3. Based on the application, a corresponding order is issued. It is approved by the head of the enterprise with his signature. Personnel department employees introduce this document to the pensioner. The employee confirms that he has read it with a personal signature. After this, he can go on vacation at the agreed time.

If an employer refuses to provide a pensioner with additional rest, then you need to ask him to formalize the decision in writing. If the refusal of the company administration to take leave is illegal, then the employee has every right to appeal to the Labor Inspectorate or to court to challenge it and restore justice. The law will be on the side of the pensioner.

Expert opinion

Irina Vasilyeva

Civil law expert

It is recommended to prepare the application in two copies. The first option is given to the manager for consideration, and the second, after the secretary’s note of acceptance and date, remains in the hands of the employee. This will help, if necessary, to prove the fact that the document was received within the established time frame.