What kind of vacation do health workers have in a year. Additional leave for healthcare workers. Shortening the working week and working day

The duration of the annual basic leave of physicians is no different from other categories of workers. Namely, it continues 28 calendar days.

However, healthcare workers are a strategically important industry. Noting the special role of physicians, the state provided for additional measures social protection including additional vacations.

Additional leave for medical workers

In accordance with Art. 350 of the Labor Code of the Russian Federation to some medical workers annual additional paid leave may be granted. At the same time, the specific terms of vacation are regulated by the Government of the Russian Federation.

By general rule additional leave is granted:

• personnel employed in work with harmful and (or) dangerous working conditions;
• personnel with a special nature of work;
• employees with irregular working hours;
• others.

In accordance with Art. 116 of the Labor Code of the Russian Federation, the employer may independently establish other holidays or increase their duration, unless otherwise specified in laws and other regulations. In this case, all conditions are established by collective agreements and local regulations.

Starting from 2014, additional leave for “harmfulness” is established on the basis of an assessment of working conditions. In this case, the harmfulness should be 2, 3 or 4 degrees.

If the organization managed to carry out certification of workplaces before January 01, 2014, then the evaluation can not be carried out within the next 5 years from the moment of certification. Accordingly, the “harmfulness” of a particular workplace will be determined by the certification of workplaces.

Annual additional leave is now provided not for the position and nature of work, but for the presence of harmful or dangerous working conditions. And since a special assessment of working conditions is carried out in each organization, it is not uncommon for nurses to receive benefits in one institution, but not in another institution.

Duration of additional leave for doctors

Another innovation concerns the establishment of monetary compensation for the part of the additional leave in excess of minimum term additional vacation. True, such compensation is established in the presence of an industry agreement and a collective agreement, which specify specific conditions. And they conclude with the employee supplementary agreement to employment contract with his consent.

In accordance with Part 2 of Art. 117 of the Labor Code of the Russian Federation establishes a minimum period for additional annual leave, which is 7 calendar days.

You should carefully monitor which specific days are indicated in the regulations. Although the Labor Code of the Russian Federation contains a provision that all holidays are calculated in calendar days, in practice, some documents contain deadlines in working days.

Currently, the duration of additional leave is clearly defined for the following employees:

1. Decree of the Government of the Russian Federation of 06.06.2013 N 482

Job title	Duration of annual additional paid leave (calendar days)
I. Health professionals involved in mental health care
Doctor (including a doctor holding the position head, deputy head, whose labor (official) duties include the provision of psychiatric care and who has an irregular working day, the head of the structural unit is a specialist doctor), middle and junior medical personnel (except for medical statistics), a medical psychologist
home nurse
Dietitian, dietary nurse, medical registrar, housewife
Nurse-mistress, directly involved in patient care
II. Medical workers directly involved in the provision of TB care
A doctor (including a doctor holding the position of a head, whose labor (official) duties include direct participation in the provision of anti-tuberculosis care, the head of a structural unit - a specialist doctor), middle and junior medical personnel, a medical psychologist
A phthisiatrician who systematically performs X-ray diagnostic studies
III. Medical workers who diagnose and treat HIV-infected people, as well as persons whose work is related to materials containing human immunodeficiency virus
Doctor (including a doctor holding the position of a head, whose labor (official) duties include the diagnosis, treatment of HIV-infected people, the head of a structural unit is a specialist doctor), paramedical personnel who diagnose and treat HIV-infected people, a medical psychologist
Doctor of clinical laboratory diagnostics, laboratory assistant (including the head of the laboratory), laboratory assistant, medical laboratory technician (laboratory assistant), laboratory orderly
Junior medical staff caring for HIV-infected people
Persons whose work is related to materials containing human immunodeficiency virus

2. Decree of the Government of the Russian Federation of December 30, 1998 N 1588

*- An additional leave is granted for continuous work in these positions for 3 years. To count the time of immediately preceding continuous work in the positions of district physicians - therapists and district physicians - pediatricians of territorial districts and nurses of therapeutic and pediatric territorial districts.

Also, do not forget about normative documents times of the USSR. Namely:

• List of industries with harmful working conditions, work in which gives the right to additional leave, approved by the Decree of the USSR State Committee for Labor and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298 / P-22
• Instructions on the procedure for applying the List of production shops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved by the Decree of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions of November 21, 1975 N 273 / P-20

If, as a result of attestation of workplaces, harmful working conditions (grade 3) were revealed, then the employee already has the right to a minimum additional leave, regardless of whether this position is on the List or not.

The list can be used if there are positions in it and increased compensation. And only if the Government of the Russian Federation does not establish newer lists, as, for example, in relation to medical workers specified in the Decree of the Government of the Russian Federation of 06.06.2013 N 482. This opinion is shared by the Supreme Court of the Russian Federation (Decision of the Supreme Court of the Russian Federation of 14.01.2013 N AKPI12 -1570).

It should also be noted that in the List the duration of additional annual leave is indicated in working days, not calendar days. In this case, it is necessary to recalculate using the recommendations from the Letter of the Ministry of Labor of the Russian Federation dated February 1, 2002 N 625-BB ​​“On the calculation of the total duration of annual paid leave”.

There is a Government Decree No. 482 dated 06/06/2013, which provides a detailed list of professions and positions that are entitled to additional paid leave. When providing an employee with additional leave, the employer must be guided by Art. 116 of the Labor Code of the Russian Federation.

Based on the current Decree No. 482, additional leave in 2018 is provided to some health workers who hold certain positions in healthcare.

Additional leave is granted after special evaluation labor of medical workers. The results of the assessment must be agreed with the trade union of the institution.

If the profession of some health workers is not in the specified list, then additional leave is granted on a general basis. According to Art. 117 of the Labor Code of the Russian Federation, the minimum duration of additional leave for medical workers who work in harmful and dangerous working conditions is 7 calendar days. This period may be extended by a collective agreement or other local act medical institution.

According to Decree No. 482, additional leave is granted:

• health workers who provide mental health care:
  • doctors for leadership positions, housewives and other medical personnel who provide medical care mentally ill - 35 calendar days;
  • laboratory workers - 21 days;
  • receptionists, nurses and dietitians - 14 days.
• doctors who care for TB patients:
  • all medical staff of tuberculosis dispensaries - 14 days;
  • phthisiatricians who perform X-ray examinations - 21 days;
• doctors working with HIV-infected people and in contact with drugs that contain the virus - 14 days.

Junior medical personnel, that is, nurses working in such institutions, are also entitled to an additional leave of 7 to 12 days.

In the event that a medical worker is entitled to additional leave for several reasons, it is granted only for one of them.

If the head of a medical institution does not bother to conduct a special assessment of working conditions that reveals the degree of harmfulness of the working conditions of his employees, he violates labor laws. But he is obliged to provide additional holidays for medical workers.

Due to the fact that there have been changes, and the certification of workplaces has been canceled, and instead of it, a special assessment of labor is now being carried out, it has become an opinion that additional leave for medical workers will be canceled. This is not true!
During a special assessment, the degree of harmful working conditions and the degree of danger are revealed, on the basis of which additional leave is granted.

In medical institutions, a special assessment of working conditions is carried out by the Federal Medical and Biological Agency of Russia. But the FMBA of Russia cannot issue an order to cancel additional leave, since even if dangerous and harmful working conditions of certain medical workers were not identified, in accordance with Art. 117 of the Labor Code of the Russian Federation, they still have the number of days of additional admission indicated in the article.

Any medical staff works in harmful and dangerous working conditions, so no one can deprive them of the right to at least 7 calendar days of additional leave.
The List approved by Decree No. 482 lists all professions of medical workers. In addition, some positions and specialties were added that are not entitled to 7 calendar days, but to a longer additional vacation. These positions and specialties of medical workers are presented above.

Important! Despite the fact that the Labor Code of the Russian Federation establishes the minimum amount of additional leave, some Laws of the Russian Federation and by-laws adopted in their execution establish increased amounts of additional leave certain categories workers. For example, in accordance with paragraph 1 of Art. 22 of the Federal Law "On the prevention of distribution in Russian Federation diseases caused by the human immunodeficiency virus (HIV infection)" and with the Decree of the Government of the Russian Federation of 06.06.2013 No. 482, an increased duration of additional leave was established for medical and other workers who diagnose and treat HIV-infected people, as well as persons whose work is related to materials containing human immunodeficiency virus.

Leave of medical workers

The right to a full-time basic leave for a medical worker, as well as for categories of workers in other industries, arises after six months of continuous work, as stated in Article 122 of the Labor Code of the Russian Federation. But when granting this type of leave, not only the rights of the employee himself, but also the vacation schedule are taken into account.

It is compiled taking into account the specifics of the institution, which is actually the main factor. Article 123 of the Labor Code of the Russian Federation states that each employee is entitled to the next annual paid leave based on the schedule.

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Both parties must comply with it. Therefore, even if the work experience in the institution is at least six months, the main leave will be granted to the physician only within the period of 28 days established in the schedule. At the same time, an agreement should not be concluded between the health worker and the management on dividing the leave into several parts.

Additional leave for healthcare workers

Chief nurse 28 Clinical laboratory staff 21 Nutritionist, medical registrar 14 Health workers involved in anti-tuberculosis treatment and care Doctor, as well as junior and secondary medical staff 14 Phthisiatrician performing work with X-ray equipment 21 Medical staff involved in providing care and diagnosing HIV infected Doctor, as well as junior and nursing staff, including a psychologist 14 Clinical laboratory staff 14 Medical staff who care for patients 14 Persons working with materials and substances containing HIV 14 Based on the certification of workplaces, which is carried out periodically once every five years, leave subject to availability harmful factors can be installed for medical staff in the presence of working conditions classified as hazardous No. 3 from degree 2, as stated in Article 117 of the Labor Code of the Russian Federation.

Labor protection of medical workers! Let's get the job done right!

The Labor Code of the Russian Federation secured the right of "wreckers" to a minimum additional vacation in the amount of 7 calendar days. Thus, since the level of guarantees was unequivocally established in the Labor Code of the Russian Federation, in our opinion, the application of acts former USSR, establishing the level of guarantees and compensations to "harmful", incl.
h. The list of industries, workshops, professions and positions with harmful working conditions, work in which gives the right to additional leave and a shorter working day, approved. By the Decree of the State Committee for Labor of the USSR, the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 No. 298 / P-22, it is no longer necessary for employers.
Since in the acts of the USSR, for example, in the already named List, significant additional holidays were established for workers, many of them have now experienced a significant decrease in the level of compensation provided to them.

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Important

Declaration Pursuant to Article 117 Labor Code I ask the Russian Federation to provide me with an annual additional paid leave for work in harmful working conditions from 05/23/2016 for 7 calendar days. May 16, 2016 Semenov K.E. Reflection of additional leave in the time sheet In the time sheet (form No. T-12 or form No. T-13, approved.

By Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1), days falling on the period of annual additional paid leave are indicated by the letter code "OD" or the digital code "10". If during the period of additional paid leave there are non-working holidays, then in the report card these days are indicated by the letter code "B" or the digital code "26".

Additional leave

Attention

In the event that a medical worker is entitled to additional leave for several reasons, it is granted only for one of them. If the head of a medical institution does not bother to conduct a special assessment of working conditions that reveals the degree of harmfulness of the working conditions of his employees, he violates labor laws.

But he is obliged to provide additional holidays for medical workers. Due to the fact that there have been changes, and the certification of workplaces has been canceled, and instead of it, a special assessment of labor is now being carried out, it has become an opinion that additional leave for medical workers will be canceled. This is not so! During a special assessment, the degree of harmful working conditions and the degree of danger are revealed, on the basis of which additional leave is granted.

Peculiarities of granting additional leaves to medical workers (2015-2016)

Moreover, a vacation of this duration is due to all disabled employees, regardless of the disability group. True, a disabled employee may apply for additional leave for other reasons not related to his disability.

For example, additional leave for disabled people of group 3 with a minimum duration of 3 calendar days is provided if such disabled workers have an irregular working day (Article 119 of the Labor Code of the Russian Federation). In addition, the right of disabled workers to additional paid leave can be established by the employer itself (Article 116 of the Labor Code of the Russian Federation).

The procedure for calculating vacation

Thus, the employee must be granted additional leave for 4 months of work in a workshop with harmful working conditions, which will be: 14 days: 12 months * 4 months. \u003d 4, 667 days - the duration of the additional vacation. 2). At loading and unloading operations from January 1 to May 15, 2006
the employee worked 85 working days or 4.05 months (85 days / 21 days).

Excesses less than half a month are discarded. Thus, the employee is entitled to leave for 4 months of work on loading and unloading operations, which will be in days: 7 days / 12 months.

* 4 months = 2.333 days. 3). The total duration of additional paid leave for work in harmful and (or) dangerous working conditions will be 4.667 days + 2.333 days = 7 days.

Human Resources and Accounting Considering that many healthcare professionals, due to the specifics of their profession, may be eligible for medical leave for several reasons, a natural question arises: is it possible to get several medical leaves? Suppose a phthisiatrician has an irregular work schedule and claims two types of leave. By law, you cannot get two additional medical holidays, but you can choose a longer vacation at the request of the employee.

Or how to calculate vacation pay for a nurse who was in maternity leave? At the end of it, she wants to exercise her right to receive annual leave in accordance with Article 260 of the Labor Code of the Russian Federation, having no salary accruals for the previous three years. In this case, according to clause 6 of Decree of the Government of the Russian Federation No. 922, the average daily earnings are calculated from the previous period, which is equal to the calculated one.

On the establishment of general practitioners (family doctors) and nurses of general practitioners (family doctors) of an annual additional paid 3-day leave for continuous work in these positions). In general, the list of categories of employees who can be granted such additional leave, its minimum duration, and the conditions for its provision are determined by the Government of the Russian Federation.

Additional leave for medical workers list

So, for example, junior medical personnel caring for HIV-infected people have the right to 14 calendar days of additional annual paid leave (List approved by Decree of the Government of the Russian Federation of 06.06.2013 N 482). The rules on additional leaves for medical workers in 2016 did not change. Additional leave for combat veterans Combat veterans have the right to apply for additional leave without saving wages up to 35 calendar days a year (clause 11 clause 1, clause 4 clause 2 article 16 federal law dated 12.01.1995 N 5-FZ). True, this rule does not apply to persons who were sent to work in Afghanistan in the period from December 1979 to December 1989, who worked out the period specified in the direction or were seconded ahead of schedule for good reasons.

Medical workers belong to the category of citizens, which, according to labor law put . This benefit is associated with a special (Article 117 of the Labor Code) for most medical workers. According to this article, such work includes labor activity with a code of 2 and above. Such a code is assigned based on the results of an expert assessment of jobs at a particular enterprise or institution.

In January 2015, the Ministry of Health issued order number 24, according to which the list of jobs subject to certification (testing for harmfulness) was significantly expanded. Now all workplaces of medical workers are subject to inspection. In particular, harmful factors include the impact of pathogenic biological organisms (for example, tuberculosis bacillus or immunodeficiency virus). The same rules apply in 2017.

Moreover, the concentration of these organisms at the place of work is no longer taken into account by the inspectors. The very fact of direct contact of a medical worker carrying out professional activities with contaminated biological material (for example, under harmful category the work of laboratories that investigate viruses falls under).

Employees of medical institutions, like other working citizens, have the right to issue the following:

• Basic or provided if available at a particular enterprise for a duration of six months. Pregnant employees are entitled to this type of paid rest from the first month of work, as they belong to a preferential category. The average duration of this period is 28 days. But under certain working conditions, the duration may be longer, for example, as for workers in the North.
• Special vacation periods are laid down in connection with the birth of a baby (on average 140 days) or in connection with caring for him (up to three years). Also, this type of recreation can be provided for so-called creative reasons. For example, if it is necessary to write and defend a dissertation or scientific work, an employee is given six months.
• Additional holidays are accrued mainly for special working conditions.

According to Article 350 of the Labor Code, paid days of additional rest are provided:

1. for life-threatening or unhealthy conditions at the workplace - 7 working days;
2. for labor activity on an irregular schedule (such employees may be present at work on weekends and holidays) - at least 3 days;
3. for work in special conditions (for example, as employees of tuberculosis dispensaries and laboratories related to contaminated biological materials) - in accordance with Article 118 of the Labor Code of the Russian Federation;
4. workers in the regions of the Far North or areas equated to them - 24 and 16 days, respectively.

As mentioned above, the harmfulness is determined special commission based on an assessment of the conditions in the workplace.

The certification results are valid for the next five years., after which the evaluation is repeated. That is, additional days of rest are now provided not for an existing position or profession, but for the presence of special conditions. labor activity.

Also, according to Article 116 of the Labor Code, employers have the right to establish additional vacation periods in accordance with the provisions of local regulations (for example, collective agreements). The duration of such rest is determined according to local documents.

Eligibility

Accordingly, the following rules for granting vacation periods apply:

• the main vacation period can be received by all, without exception, employees of medical institutions who have a corresponding one in one institution (at least 6 months);
• a special vacation period is a target period; to receive it, you must have good reasons (for example, expect a baby to appear or prepare a scientific work for defense);
• an additional vacation period depends entirely on the harmfulness of the work (with a code from 2 to 4 established for jobs, the right to receive additional days of rest with payment arises).

The provision of vacation periods established by the management of a particular institution is carried out in accordance with the procedure adopted in local documents.

Vacation duration

The duration of the additional vacation period is established in accordance with Article 118 of the Labor Code.

This legislative document does not give an exact list of specialists who can qualify for additional rest, but at the same time, a listing of the minimum periods is given:

1. family-type nurses and doctors with three years of work experience receive at least three additional days of rest;
2. when working in hazardous conditions, at least seven days are additionally charged (harmfulness is determined in accordance with Article 117 of the Labor Code).

For individual industries, the duration of vacation periods is established by industry acts. For example, for employees of psychiatric institutions, an additional vacation period is accrued in accordance with Federal Law number 3185-1. Psychiatrists receive an additional thirty-five days of rest, and nurses twenty-eight.

A special preferential status has also been established for employees of the veterinary industry who are forced to come into contact with tuberculosis infection, as well as for medical workers involved in medical laboratories investigating biological materials infected with tubercle bacillus. For them, an additional 14 to 21 days of additional rest is provided.

And on the basis of Federal Law number 38, fourteen additional vacation days are provided for diagnosticians, laboratory workers and attending physicians who are in contact with HIV-infected patients or biological materials infected with the virus.

Provision procedure

Employees with less than three years of service cannot count on the provision of an additional vacation period. And the main vacation period is not provided to persons who have worked in the institution for less than six months.

it general rule does not apply to employees forced in the performance of their professional duties risk your own health. The privileged categories include:

• employees who come into contact with HIV-infected people or biological materials infected with the virus;
• employees in contact with tuberculosis patients or with biological materials infected with tuberculosis bacillus;
• livestock workers involved in cutting or storing carcasses infected with tuberculosis;
• workers in the psychiatric industry (doctors, nurses, orderlies, housewives nurses).

Decor

Each medical institution draws up a single vacation schedule for all employees, which is initially prepared by the personnel department, and then approved (signed) by the head.

Any of the employees can familiarize themselves with this document. In addition, it is the responsibility of management to notify employees in writing of the upcoming vacation period.

Making a basic vacation period for medical professionals is no different from the standard procedure in any other industry. The employee submits an application, the employer issues an order, and the accounting department, together with the personnel department, calculates and pays vacation funds.

As for additional days of rest, they are provided at the request of the employee. The institution does not draw up a special vacation period for this type of vacation. That is, the initiator is always the employee himself.

He in free form sets out in writing a request for additional days of rest and submits this application to the management of the institution. The document consists of the following items:

1. The heading indicates the full name of the institution and the full name of the person who is the immediate supervisor.
2. The position he holds is also included. A little lower is the name and position of the employee making the request.
3. The body of the document summarizes the essence of the request. For example: "I ask you to grant me an additional vacation period without pay for a period of fourteen days from July 25, 2016."
4. At the bottom is a signature (in brackets is given the transcript of the full name) and the date of this application.
5. The application is registered in a special accounting journal, which is maintained in the institution by an authorized employee.
6. After that, the leader imposes a resolution on it.

At the next stage, an appropriate order is prepared and issued, which, in addition to the manager, is signed by the employee himself. Then vacation funds are accrued (calculations take into account the last working year and the amount, together with bonus payments).

Additional leave for health workers in 2019 is an issue that is relevant for all organizations operating in the healthcare sector. Which of the practicing health professionals is entitled to such leave, in what amount, you will learn from our article.

Additional holidays: general provisions

As follows from Art. 116 of the Labor Code of the Russian Federation, additional holidays should be provided to the following specialists:

• workers in conditions that adversely affect health;
• employed in work of a special nature;
• working on an irregular schedule;
• workers in the Far North
• in some other cases established by the employing company.

It is obvious that additional vacations for work in the Far North and for an irregular schedule do not depend on the profession of a specialist and his field of activity. They are associated with the regime and territorial affiliation of the place of work.

The main additional holidays that the legislator prescribed for health workers are related to the impact of harmful factors on specialists, as well as the special nature of the work of some of them. What are these holidays?

Additional leave for medical workers for the special nature of work

Leave for the special content of work is regulated by Art. 118 of the Labor Code of the Russian Federation. However, it does not contain a specific list of specialists who are entitled to such leave. It is only said that this list and the minimum duration of vacation should be determined by the Government of the Russian Federation. And the Decree of the Government of the Russian Federation of December 30, 1998 No. 1588 states that at least 3 days should be added to the vacation for general practitioners (family doctors) and nurses, provided that they have been continuously working in these positions for more than 3 years.

NOTE! The length of service of such a specialist as a general practitioner or pediatrician (and, accordingly, a nurse working with him) is taken into account when determining the duration of the leave, since, according to the functionality, the position family doctor broader than the position of a therapist, but includes the skills and knowledge of a therapist.

Additional leave for health workers for harmful working conditions

Additional leave for potentially unhealthy working conditions is due to those employees who constantly deal with factors classified as 2, 3 and 4 degrees of harmfulness, as well as hazardous conditions work (Article 117 of the Labor Code of the Russian Federation). The minimum leave is 7 days.

For more information on what exactly is considered a hazardous working environment, see the article. "What refers to harmful working conditions (nuances)?" .

As for health workers, for some of them the legislator has established such leave in industry regulations. As of 2019, the situation is as follows.

For medical specialists whose job is to provide psychiatric care, the right to receive leave for the harmfulness of working conditions has been established (clause 1, article 22 of the law “On Psychiatric Care” dated 02.07.1992 No. 3185-1).

IMPORTANT! At the same time, for each individual position of such specialists, Decree of the Government of the Russian Federation of 06.06.2013 No. 482 establishes its own duration of additional leave (for example, a doctor and a psychologist are entitled to 35 days, a head nurse - 28 days, etc.).

Additional leave is also due to health workers and veterinarians involved in the fight against tuberculosis (clause 1, article 15 of the law "On the Prevention of Tuberculosis in the Russian Federation" of June 18, 2001 No. 77-FZ). A similar leave is also due to specialists of organizations engaged in the production or storage of livestock products, if such specialists in their activities deal with agricultural animals with tuberculosis. The specific duration of additional leave for individual positions is also established by Decree No. 482 (from 14 to 21 days).

In addition to the conditions specified for harmful leave for work, specialists diagnosing and treating HIV patients, as well as persons who, in the course of their professional activity deal with samples of the HIV virus (clause 1, article 22 of the law "On the Prevention of HIV in the Russian Federation" dated March 30, 1995 No. 38-FZ). For all specialists, one way or another involved in the fight against HIV infection, the legislator has established an additional leave of 14 days.

Results

In 2019, some health workers have the right to take additional vacations in addition to the main vacation. So, if a specialist is a generalist (family doctor), then he is entitled to at least 3 extra days holidays. Employees of medical institutions and organizations that provide psychiatric care, treat and fight the spread of tuberculosis and HIV infection are entitled to additional vacation days for the harmfulness of the conditions in which such specialists work. At the same time, for them, the specific duration of vacation depends on the position they hold.