How many days do kindergarten teachers have a vacation according to the law

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Parenting preschool age involves a fairly high psychological load. After all, kids from 2 to 6 years old are very active and do not always understand what can and cannot be done. But you also need to teach them the basics of the school curriculum in the form of reading, drawing and counting. That is why kindergarten and nursery teachers are legally entitled to longer annual leave than other employees.

What determines the duration of vacation with a kindergarten teacher

Caring for even one child under the age of 6 is a very heavy burden. After all, it is necessary not only to make sure that the baby eats and is busy playing, and not looking for adventure, but also healthy. But in a group of 20 children, with different temperaments, levels of preparation for socialization and habits. And they need to be taught to draw, sculpt, do exercises, count, read and interact with peers.

So according to the specified act, teachers preschool education are entitled to leave of the following duration:

• 42 days when taking a position in a regular kindergarten or nursery with a standard workload;
• 56 days if the caregiver is looking after children who require long-term treatment or have health limitations.

A similar gap in the duration of rest is provided for other teaching staff. That is, a defectologist and a speech therapist who apply corrective techniques to children without deviations rest for 42 days, specialists who deal with babies diagnosed with cerebral palsy have the right to apply for 56 days, even with a weekly employment of only 20 hours.

Depending on the position held, as well as the characteristics of employment for educators, there are different norms of working hours per week in accordance with Appendix No. 1 of Order No. 1601 of the Ministry of Education and Science of the Russian Federation. Standard is 36 hours by virtue of Article 333 of the Labor Code of the Russian Federation, but for educators-defectologists and speech therapists, the load cannot exceed 20 hours. However, despite the different lengths of employment, the duration of leave for these categories is still set to be longer in comparison with other groups of workers.

No payroll

Despite belonging to a privileged category, educators can apply for administrative leave in the usual manner provided for in Article 128 of the Labor Code of the Russian Federation. So the question of making a vacation without saving wages is decided by agreement of the parties, that is, based on production needs and by decision of the management.

elongated

At the same time, given that, even having the right to a pedagogical leave, educators may also belong to other preferential categories, in some situations they receive the right to additional holidays prescribed in the Labor Code of the Russian Federation and other regulations, at the minimum. In particular:

• For work in special climatic conditions, namely in the Northern regions from 16 before 24 calendar days by virtue of Art. 321 of the Labor Code of the Russian Federation.
• For employment as a nanny in specialized kindergartens for the care of children with disabilities, clause 55, section 15 of the Decree of the State Committee for Labor of the USSR No. 298 / P-22 up to 30 days.

In a number of cases, educators have the right to claim a minimum 3-day vacation for an irregular working day on the basis of Article 119 of the Labor Code of the Russian Federation, but only if the condition for a similar nature of employment is spelled out in employment contracts educators.

Features of granting leave to different categories of educators

According to the norms of the law, vacations with a teacher are provided for a longer duration, but after all, employees with various workloads who need a long rest are employed in a kindergarten. At the same time, each preschool institution implements certain educational areas provided by law for preschool children.

1. How many vacation days does an assistant teacher have?

1.1. Junior caregivers indeed, annual paid leave of 28 calendar days is required (Article 115 of the Labor Code of the Russian Federation).

Finding a lawyer or advocate for your issue

2. How many vacation days does an assistant educator have in a preschool educational institution?

2.1. Hello, Raisa Timeryanovna! If memory serves, then 28 calendar days

3. Hello! Please tell me how many calendar days should be a vacation with an assistant educator? I work in the countryside.

3.1. Hello! As an assistant teacher, you are only entitled to annual basic paid leave of 28 calendar days.

3.2. 28 calendar days.
RF GD of 05/14/2015 N 466 (as amended on 04/07/2017) "On annual main extended paid holidays" does not apply to assistant educators.

4. If there is one disabled child in a kindergarten in a group, how many vacation days does the assistant teacher have.

4.1. Hello! According to Decree of the Government of the Russian Federation of 08.08.2013 N 678 "On approval of the nomenclature of positions of pedagogical workers of organizations engaged in educational activities, positions of heads of educational organizations", the position of an assistant educator does not apply to the position of a pedagogical worker, therefore they are not entitled to extended leave.

4.2. Hello! Educators working in groups with pupils (even in the amount of 1 person) who have the appropriate conclusion of the CPMPC are entitled to a vacation of 56 days.

4.3. Hello.

An assistant educator is not a pedagogical worker and leave is regulated by:
Labor Code of the Russian Federation, Article 115 Annual basic paid leave is granted to employees for a duration of 28 calendar days.

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5. Does the right to an extended vacation in a private kindergarten apply to such employees: headmaster, nurse, educator, assistant educator, choreographer, music worker (and also a music worker combines work with an assistant educator) and how many vacation days the above professions have.

Thank you.

5.1. See the orders and resolutions of your ministry.

6. I would like to know how many years of my working pedagogical activity are included in the pedagogical experience for working as an educator (rank and salary), and not for calculating a preferential pension, I explain the situation.
I'm applying for a job at DOW. The employer says that I don’t have a pedagogical experience, I will receive the minimum grade as a beginner specialist, and specialists from another preschool educational institution say that the entire period of work in educational institutions is included in order to receive a grade and salary. T.K. My career began with work at a preschool educational institution and after entering Volgograd. State. Ped. Univ. continued at school.
09/23/1993 to 04/01/1994 I worked in a kindergarten, an assistant teacher, preschool education. (full-time) from 09/01/1994 to 09/03/2001, Kletskaya secondary school, GPA teacher (extended day group, Primary and secondary education. (0.5 rate).
The village of Kletskaya is the administrative center of the Kletsky district and the Kletsky rural settlement.
Time maternity leave from July 1, 1998 to September 03, 2001. (AT work book not specified).
Question: Help me figure it out: How many years is included in the PEDSTAGE to determine the category (which one I will have, probably not the lowest) and to calculate the salary? Thank you!

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Vacation in a preschool

Question:

In a general educational institution in the preschool department in general education groups there are disabled children (1-2 children per group, some with the conclusion of the Central Psychological-Medical-Pedagogical Commission, some without it). The educators asked about granting them vacation not 42, but 56 days. In one general education group, there is 1 disabled child with the conclusion of the CPMPC. In another general education group, there is 1 disabled child without the conclusion of the CPMPC. Is any of the educators of these groups entitled to a vacation of 56 days, and, if so, on the basis of what regulatory documents.

Answer:

In accordance with clause 13 of the Order of the Ministry of Education and Science of Russia of August 30, 2013 N 1014 "On approval of the Procedure for the organization and implementation of educational activities in the main general educational programs - educational programs of preschool education", educational activities on educational programs of preschool education in an educational organization is carried out in groups.

Groups can have a general developmental, compensatory, health-improving or combined focus.

In general developmental groups, the implementation is carried out educational program preschool education.

In compensatory orientation groups, an adapted educational program of preschool education for children with disabilities is implemented, taking into account the peculiarities of their psychophysical development, individual capabilities, which ensures the correction of developmental disorders and the social adaptation of pupils with disabilities.

Health-improving groups are created for children with tuberculosis intoxication, frequently ill children and other categories of children who need long-term treatment and the necessary set of special medical and recreational measures for them. In health-improving groups, the educational program of preschool education is being implemented, as well as a complex of sanitary-hygienic, health-improving and preventive measures and procedures.

In groups of a combined orientation, joint education of healthy children and children with disabilities is carried out in accordance with the educational program of preschool education, adapted for children with disabilities, taking into account the characteristics of their psychophysical development, individual capabilities, providing correction of developmental disorders and social adaptation of pupils with disabilities. health opportunities.

SanPiN-2.4.1.3049-13 defines the recommended number of pupils with disabilities in combined groups (clause 1.12).Based on the foregoing, the group of pupils, in which among healthy children there is one child with disabilities, in our opinion, is a group of combined orientation.In accordance with the Decree of the Government of the Russian Federation of May 14, 2015 No. No. 466 "On the annual basic extended paid holidays", educators, music directors working in groups for preschool students with disabilities and (or) in need of long-term treatment are entitled to a vacation of 56 days (in accordance with paragraph 4 of part III Annexes to the Decree "Annual basic extended paid vacations of employees replacing the positions of teaching staff, as well as heads of educational organizations, deputy heads of educational organizations, heads structural divisions these organizations and their deputies).

In accordance with the Federal Law of November 24, 1995 N 181-FZ "On social protection disabled people in Russian Federation", the recognition of a person as a disabled person is carried out by the federal institution of medical and social expertise. The procedure and conditions for recognizing a person as a disabled person are established by the Government of the Russian Federation.

It should be borne in mind that in accordance with Part 16 of Art. 2 federal law"On Education in the Russian Federation" No. 273-FZ, a student with disabilities - individual having deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions. Thus, in accordance with the specified norm, pupils with disabilities must have the conclusion of the PMPK. In accordance with Art. 11 of the Law of Moscow dated April 28, 2010 N 16 "On the education of persons with disabilities in the city of Moscow", recommendations on the creation (change) of special conditions for training (education), contained in the conclusion of the psychological, medical and pedagogical commission, are mandatory for execution by state educational institutions and non-state educational organizations where people with disabilities are trained.

Thus, in our opinion, educators working in groups with pupils (even in the amount of 1 person) who have the appropriate conclusion of the CPMPC, have the right to a vacation of 56 days.

The job is really not easy. We list only the main responsibilities of the educator kindergarten:

Admission of kids to the group;
direct participation in the organization of meals, walks, daytime sleep;
upbringing of children and their comprehensive development.

So that teachers simply do not burn out at work, they are provided with a sufficiently long vacation. Such a rest preschool educators really needed. Without periodic recuperation, it is simply impossible to perform one's duties qualitatively.

How many days does a kindergarten teacher have a vacation?

The administration of the educational institution is responsible for leaving the vacation schedule. In this case, certain preliminary work is necessarily carried out, since it is necessary to coordinate with representatives labor collective Time relax. At the same time, in special cases, the management has the right to recall the educator from vacation. However, there is one important condition here. The employee must give his written consent to the recall. In turn, representatives of the labor collective can apply to the management with a request to provide them with unpaid leave.

Now let's figure out how much kindergarten teachers are supposed to rest. By law, the vacation period for representatives of this profession is assigned to the 2nd category of pedagogical specialists. Accordingly, the kindergarten teacher is entitled to 42 days of paid leave. One clarification should also be made here. In this case, we are talking about calendar days, not business days.

We have already noted above that educators are not as attached to the educational process as teachers in schools, colleges, institutes, and so on. Accordingly, they receive vacation according to the principle of electoral priority. There is no link to any specific time of the year in this case. The duration of the vacation is not affected by the length of service and seniority.

At the same time, the duration of leave at one's own expense cannot exceed 14 days. Moreover, the head of the educational institution may not sign the corresponding application of the employee if the absence of this teacher will negatively affect the work of the kindergarten or the educational process. In other words, each such application is considered on an individual basis.

It should also be noted that additional holidays, provided for by the norms current legislation. All related issues are resolved by the leadership of the kindergarten. For example, additional rest can be provided to an employee as a reward for long-term work, or as an encouragement for some kind of achievement. Often preschool teachers have to work in non-standard working conditions. In this case, they may be given additional leave as a compensation. Depending on the place and working conditions, teachers have the right to extend the rest up to 56 days.

All teaching staff, due to the complexity of their profession, are entitled to an extended vacation period every year. Kindergarten teachers are considered separate view teaching staff, because they do not have a generally accepted "academic" year, and working time subject to a more stable schedule than, for example, teachers. How many vacation days does a kindergarten teacher have, and are there any additional vacation privileges for such employees?

Calculation rules

The duration of a kindergarten teacher's vacation 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 a summer vacation.

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

Before receiving rest days, 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 for one day of work and multiplied by the number of days that make up vacation time.

AT Labor Code there is one caveat regarding the correctness of the calculation of "holiday pay": given that the size of the working day changes every month, we set the average number of days in a month - 29.3.

This coefficient is needed in order to make a simple calculation:

1. The average daily earnings are the total earnings and bonuses for the year, multiplied by 29.3.
2. Vacation pay is the average daily wage multiplied by 42 days.

A kindergarten teacher is included in 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, the employee will be able to use his legal days “without work” only under the following condition: you need to work at least 6 months at the time of receiving leave.

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

The working year is a special indicator that begins on the day the educator is admitted to the place of work. Labor years are counted only in one organization, and when moving to another, the countdown date changes and labor years begin to be calculated again.

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 when they want, as this will negatively affect the learning process, so educators leave in turn in predetermined months, which you can just choose.

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

Rest time is divided into several types:

1. Technical day breaks and days off. 24 or 48 hours, if it is two days, a person needs 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.
2. Annual paid vacation. The longest rest in duration, which the employer must 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.
3. 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 authorities and is always agreed with the management separately. The head has the right not to give consent to this petition.
4. 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 also has a month of maternity leave. And after that, it is already possible to apply for parental leave until the child reaches the age of one and a half or three years. Both the newly-made mother herself and the father of the child can go on this type of vacation. However, only one of the parents has the right to be on such a long “day off”.

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

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

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

The hours issued for such a vacation are naturally not paid, however, the employee is fully retained workplace and position, as in the case of maternity leave or parental leave.

In addition to a special vacation period, teaching staff can also 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. In total, "time off" can be up to two weeks per working year under the law for one employee. He can take them any day.

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

The days added in addition to the annual reserves will create a situation of recalculating the length of service and to the fact that the accounting department, together with the management, will postpone the employee’s vacation time to a later period, since he was taken more time off established norm.

Rest without saving money is also always agreed with the authorities. Moreover, as in the case of leave at its 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 teaching for more than 15 years. The reason is quite valid - there is no one to sit with a newborn granddaughter, since the parents (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 occupies a very responsible position and is responsible, for example, for the entire methodological part of the work of the institution.

Soon there will be ministerial checks, and it is not possible to search for and train a new person. In this case, the employee will be denied. However, if the situation at home is really hopeless, then the head teacher will have to make a responsible decision and quit a good position for own will, or parents will look for a temporary nanny for their baby. But for some reason this may not be acceptable to them.

Decisions in favor of such long leave without pay depend on the management of the general education or pre-school education institution.

1. Participants of the Second World War, prisoners of concentration camps or repressed. These employees may take, in addition to the prescribed annual rest and time off, a long period of leave equal to 35 days at a time or in installments.
2. Employees who have reached retirement age. These workers may, at any time during the working year, take two weeks in addition to their regular holidays.
3. Military wives/husbands. This category of teachers can also count on an additional rest of two weeks annually.
4. Teachers who are in difficult working conditions, such as 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 the northern areas - 16 calendar days with a percentage increase in wages.
5. Employees with disabilities are usually the third working group or the second with a restriction labor activity, for example, for disabled children. For such a galaxy of employees, vacation days are additionally provided - up to 2 months a year.

Finally, unpaid days may be granted to employees in connection with unforeseen life situations, for example, in the event of an accident or death of a loved one, a domestic emergency, or when moving to a new location. For such cases, the employer allocates from 3 to 5 days for any teacher.

Registration of vacation days begins, first of all, after agreeing on the terms of rest between the employer and the employee. Usually, the employee himself chooses the desired days, and the management agrees, or corrects and offers the employee another suitable time to choose from.

A special procedure for holidays 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 go on long vacations in turn. This will not only disrupt the entire learning process, but also jeopardize the passage of the educational program, so for them the vacation time is the summer months.

Kindergarten teachers can choose vacations according to their personal preferences and the order set by the employer, without being tied to a specific time of the year.

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

1. Order on granting leave in the form of N T-6 and N T-6a. This order is drawn up in the case of a normal 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. Such a 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.
2. An order to recall an employee from vacation. The recall of the employee is also carried out only if the employee does not mind satisfying the request of the authorities to leave the vacation period ahead of schedule, and this consent is recorded in writing. If the subordinate refuses to leave at the request of the head, then this will not be considered as a violation of the employment contract.
3. Vacation notice. Such a document can be issued only when the absence of an employee may adversely affect the entire work process, for example, during a state audit. Only then can vacation days be carried over to the next year with the consent of the employee. According to the Labor Code of the Russian Federation, it is forbidden to refuse an employee a vacation for two years, or to transfer vacations to those employees who are engaged in hazardous work.
4. Extension order. Vacation days can be extended due to the temporary disability of the employee, or if he performed state duties during the rest.

An application for leave, written by the employee, is attached to the vacation order.

The manager is obliged to notify the employee about the decision made on his annual rest 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 provided with 42 days of extended leave every year. This time is paid in full by the employer, as a result of which “vacation pay” is issued - cash payments equal to the average daily earnings of the employee multiplied by the number of rest.

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