Pensioner and law vacation benefits. Vacation for a working pensioner

All working citizens have an annual opportunity to rest. In this case, vacation is granted for a certain number of days and is paid at the expense of the enterprise. Pensioners working at an enterprise have the same rights and responsibilities as ordinary employees, including the right to rest. However, the Labor legislation of the Russian Federation provides for the possibility of additional days off for pensioners.

Most citizens are forced to return to work after reaching retirement age. This is due to the fact that the amount of social benefits is not sufficient to meet minimum needs.

Like everyone else, working pensioners can also take basic leave and additional leave.

Leave granted every year. According to the law, it should not last more than 28 calendar days. If the performance of work duties is associated with special working conditions, then an increase in days off is possible.

Additional leave for working pensioners is possible in the following cases:

• official duties are performed in dangerous and harmful conditions. According to Article No. 117, a citizen can take another 7 days off;
• the employee works under special conditions specified in the employment contract. The terms of additional leave are also specified there. This action is carried out on the basis of Article No. 118 of the Labor Law of the Russian Federation;
• The company has irregular working hours. You can add 3 calendar days to your vacation based on the requirements of Article 119;
• the conditions of the Far North make the annual vacation longer by 24 days. This requirement is spelled out in the law of 1993 under number 4520-I, article No. 14;
• other cases are prescribed in legislative acts adopted at the federal and regional levels.

Free vacation - this type of holiday is not paid by the employer and the employee is not paid for this period.

Leave granted without pay to working pensioners is as follows:

• a simple pensioner can be absent from work at his own expense for no more than 2 weeks or 14 calendar days;
• for veterans who participated in the Second World War and the military, the employer is obliged to provide free leave for 35 days throughout the year;
• citizens who have received the title “Veteran of Labor” for their length of service can rest at their own expense for up to 35 days;
• a pensioner with a disability needs to allocate 60 days for rest without pay within 365 days.

Additional leave at their own expense is provided to working pensioners, regardless of working conditions, type and nature of the workplace. This is a requirement of the Labor Code; violation will result in a fine.

There are also other types of leave that do not provide for regularity:

1. If a relative dies, the company is obliged to release the employee for 5 days.
2. Also for caring for a child until he is 3 years old. This right is enshrined in law.

In this case, the grandmother or grandfather has the same opportunities as young parents and applies for benefits.

Working pensioners are provided with additional leave at any time.

But to get unpaid leave, working pensioners need to follow some steps:

Particular attention should be paid to the application, since this is the main document that makes it possible for labor veterans and working pensioners to receive additional leave. The application form does not have a unified form, so each enterprise can develop its own type of document.

If filled out freely, the form must contain the following mandatory data:

• The name of the enterprise where the pensioner works and the initials of the manager are written in the header of the form. If the director is currently absent, then the application indicates the acting director and, of course, the position;
• then the initials of the applicant are written in the header, indicating the department and position;
• then, in the center, fill in the name of the document submitted to the HR department - application;
• the main part of the form must contain a request for leave. The period when you need to provide days off is specified separately: start date and end date;
• Also, don’t forget to indicate which type you plan to take at the moment: paid or free. In addition to the request, you should also indicate the reason that became the basis for writing the application. Supporting documents must be attached to the form so that the manager does not have the opportunity to refuse or ask for a postponement of days;
• The date of filling out the application is indicated, a signature is placed with an explanation of the surname.

Sample of an approximate application for additional leave without accrual of vacation pay:

To avoid being denied free leave, you must provide a valid reason. To confirm the need for additional rest, the necessary documents must be attached to the application. These can be medical certificates indicating the state of health, a referral for treatment to a sanatorium.

Working pensioners have the right to rest, provided every year at the expense of the enterprise.

This means that the general procedure for granting vacations applies to citizens of retirement age:

• at the end of the calendar year, a schedule is drawn up where each employee indicates the desired time of prolonged absence from work, including vacation for working pensioners;
• 14 days before the expected period, a notice is issued indicating the start date of the vacation and the date of entry to the workplace;
• The retired employee must familiarize himself with the document and sign if he agrees with the information provided;
• then write a statement and go on vacation.

If for certain reasons an employee of the specified category does not agree with the established period, then he can submit an application to postpone the vacation, but indicating a valid reason, if possible supported by papers.

When calculating the amount provided as vacation pay for a pensioner, a standard scheme is used.

After the HR department provides documents to the accounting department indicating that the specified employee wishes to go on vacation, the following actions are performed:

1. Initially, it is determined for what period of rest the employee is granted. Are there any grounds for providing it?
2. If the employee’s work experience is equal to or more than a year, then the average income for the specified period of time is calculated.
3. The calculated amount includes all types of payments that occurred throughout the entire period: accrued and paid wages, bonuses, possible bonuses.
4. The resulting amount is divided by 12, according to the number of months worked in the year.
5. Next, to calculate compensation, you need to get your earnings for the day. To do this, the resulting monthly figure is divided by 29.3 - this is the average number of working days for the entire year.
6. Based on the average daily earnings, the amount of vacation pay for the period of time off will be calculated. The amount per day is multiplied by the number of vacation days.

It is worth considering that when calculating funds issued to a future vacationer, calendar days are taken into account.

When a pensioner’s work experience in a given company is less than 12 months, the money will be calculated based on the time actually worked. Only the amount of earnings will be divided into months listed as working months.

If an elderly employee wants to clarify the amount or understand the calculation principle, then they should contact the accounting department, where they will provide all the information.

This all concerns the main planned rest, assigned to the enterprise and controlling the absence or presence of employees at the workplace.

As for additional vacations, a different procedure applies. If the main rest is given only after 60 months of service in one workplace, then you can get days off at your own expense at any stage of your working life. First you need to warn your manager about your desire to take additional days. To do this, write an application and submit it to the HR department.

Extraordinary leave without pay for working pensioners is given on the basis of the requirements prescribed in Art. 126 of the Labor Code. It says here that for citizens of this category this type of recreation is guaranteed and protected by the state. Days off must be provided, regardless of the schedule, when the company’s specialists go on a planned vacation. If the pensioner decides to leave work, then he is required to compensate for the days that remain unused from the main vacation. This norm is fixed in several articles of the code No. 126, No. 127, No. 128.

Situations often arise when an employee urgently needs days off. However, after submitting the application, the request was not satisfied. Then there are two ways out to resolve this situation without conflict.

When the application is written on the basis of the vacation schedule, then the director’s refusal will be incorrect and violate the law. But if the document indicates other periods, then these actions of the employer are completely justified and, in order not to disrupt the work process, they have the right to refuse. In this case, there is no division into a simple employee or a pensioner. This point is regulated in the Labor Code in article number 123 of the first and second parts.

Perhaps the request for rest is due to vital necessity. On the part of the manager, the refusal to provide is justified and does not violate the law. However, when the situation is critical, you can write a statement indicating a request for days off without pay. The director is obliged to release the employee, but not longer than 2 weeks. This must be taken into account in order to return to the workplace on time or extend it if there is a good reason for this.

Leave granted without pay in excess of the days established by law will be counted towards the length of service if the days off were caused by the fault of the employer. If the employee took the vacation at his own expense independently, then they will not be taken into account for calculating pension and length of service.

Despite the fact that employees of retirement age work on an equal basis with other employees and have rights and responsibilities, they also have the right to benefits:

• a citizen should not experience discrimination in the workplace related to his age and status;
• an agreement with a limited period of validity cannot be concluded with a retired employee without his consent. The same applies to the fixed-term type of contract;
• an employee of this category has the right to work part-time;
• If a pensioner decides to leave a given place of work, he writes a statement and the payment is made on the same day. Two-week work is not mandatory, as is warning the employer of his decision;
• if an older employee is a good specialist, then even in the event of a massive staff reduction, his job will be preserved;
• rest without pay under standard conditions is provided for 14 days. This right cannot be violated at the request of the employer;
• when a pensioner lives in the northern regions or in regions equivalent to them, he is entitled to a separate benefit. Travel there and back to the place where you plan to relax is fully compensated. Cash payments are made twice a year;
• When calculating pensions, social benefits and other payments, no tax deductions are made from the specified amount. This applies to personal income tax.

There are other benefits for pensioners regarding the calculation and transfer of taxes. This includes transport taxes. When using a land plot, pensioners are not charged land tax, just like with property tax.

04/01/2019 , Sashka Bukashka

Vacation for working pensioners is the same paid working period, which is provided on generally accepted conditions enshrined in labor legislation. However, exceptions are provided for citizens who have received a pension but continue their working activities. We will talk about the procedure for providing rest to workers receiving pension payments in our article.

We will determine the general conditions of vacations for pensioners

IMPORTANT! For citizens of retirement age who work part-time in an organization, similar conditions for the provision of vacation pay apply. Such norms are enshrined in.

Let us remind you that not only older citizens who already receive an old-age insurance pension are considered pensioners. Also, this category should include citizens who:

• have significant health restrictions and;
• lost one or more close relatives who are breadwinners;
• formalized early retirement in accordance with current legislation;
• certain categories of citizens, for example, military personnel.

Basic paid leave for working pensioners

As established by labor legislation, all working Russians are entitled to annual and paid rest. Moreover, regardless of his gender, age and other professional characteristics. Officials have established that the minimum period of rest for Russians is 28 calendar days. During this time, the employee retains his workplace and position. He is also paid an average salary.

Consequently, any working pensioner has the right to demand annual paid leave of 28 calendar days. Such norms are enshrined in Article 115 of the Labor Code of the Russian Federation. Note that some employers establish additional rest time for older workers. Such conditions are usually prescribed in an employment contract or collective agreement.

Additional paid leave for pensioners and veterans

Are working pensioners entitled to additional paid leave? Yes, for some categories of specialists, officials have increased the vacation period at the legislative level. Thus, pensioners whose work is carried out can apply for a longer vacation

• under dangerous or harmful conditions () - at least 7 days;
• on special conditions () - the duration is fixed in the employment contract;
• () - at least 3 days;
• work in the Far North (Article 14 of Law No. 4520-I dated February 19, 1993) - at least 24 days;
• in other conditions established by federal and regional regulations.

Please note that the company can independently establish additional periods of unpaid leave for working pensioners. Such norms must be enshrined in individual local acts of the enterprise, as well as in the collective agreement.

Additional leave at your own expense for working pensioners in 2019

In addition to paid holidays, you can take leave without pay for a working pensioner. The duration of absence without pay depends on the category of employee:

1. A disabled retired employee is required to be given 60 days a year without pay.
2. Veterans of the Great Patriotic War can rest an additional 35 days a year.
3. Retired workers are entitled to 14 days a year.

IMPORTANT! Additional leave for working pensioners in 2019 (without pay) does not depend on the type, nature, form and working conditions of the specialist.

Additional leave for labor veterans

A Russian who has the honorary title “Veteran of Labor” can claim increased additional rest at his own expense. Thus, for labor veterans of certain regions, the duration is set at 35 calendar days. But you won’t be able to take paid vacation at a convenient time. Only according to the schedule approved by the company. Also, there are no additional paid days for labor veterans.

The procedure for providing rest to pensioners

Paid vacation days are provided to retired employees in accordance with the approved vacation day schedule. Moreover, regardless of whether the specialist has applied for a pension or not, he can receive the first vacation period only after he has worked for six months in the company.

But unpaid days of absence from work can be obtained earlier, without waiting for the end of the six-month period. To complete it, you will need to write an application and then get it approved by the employer. Additional time without payment is provided solely by agreement of the parties. That is, you cannot leave your job without notifying your employer. The employer, in turn, cannot refuse to provide unpaid leave to a specialist of retirement age.

A retired employee can replace additional paid vacations with special monetary compensation. If a retired specialist decides to end his career, then he, like other citizens, is entitled to. Guaranteed leave for working pensioners without pay (Art., Labor Code of the Russian Federation) is provided regardless of the approved rest schedule for company specialists.

Sample application for additional leave at your own expense

To receive additional rest time without pay, write an application. There is no unified application form, we suggest using a special form:

The completed application will look like this:

If the boss does not give the required leave

Quite often, a situation arises when an employee suddenly needs time off, and senior citizens are no exception. What to do if your boss doesn’t sign the application for vacation?

Situation No. 1. We rest according to the schedule, but with payment.

If you applied for a vacation in accordance with the vacation schedule, then the employer’s refusal in this case is not legal. But the employee has no right to demand paid vacation days contrary to the company’s approved vacation schedule. Even for the sake of an elderly specialist, the employer has the right not to make concessions. Such rules are enshrined in parts 1-2.

Situation No. 2. If days are needed urgently.

Let's say the employer refused to provide paid days that conflict with the approved schedule. The manager is right, but what to do if it is vital to be absent from work? In this case, write an application for leave without pay. The employer is obliged to provide up to 14 calendar days without payment due to family or other circumstances.

Conclusion. A pensioner can take unpaid days at any time, but paid rest - only in accordance with the schedule.

The Labor Code of the Russian Federation enshrines the legal right of every working citizen to annual leave. Article 115 of the Labor Code of the Russian Federation states that the employee is provided with annual leave for 28 calendar days with continued pay. Some categories of working citizens have the right to basic leave with a longer duration than usual, for established reasons. In addition to the main leave, an employee can receive additional types of leave (Article 114, Article 116 of the Labor Code of the Russian Federation), if there are appropriate grounds for this. Additional leave can be with or without preservation of the employee’s earnings.

Are pensioners entitled to additional leave?

One of the grounds for granting an employee additional leave is the person’s pension status. If an employee is already retired due to age, disability or military service, then according to the labor legislation of the Russian Federation such a pensioner employee has the right to a benefit in the form of unpaid leave for pensioners for 14 calendar days. He can count on these additional days in addition to the main vacation.

Additional leave for working old-age pensioners may be granted on other grounds:

• disability group - 60 calendar days of additional annual leave;
• if a pensioner works within the Far North - 24 additional calendar days. vacations;
• a pensioner works in a territory equated to the conditions of the Far North - 16 additional days. vacations;
• a pensioner works in production with hazardous working conditions - at least 7 additional days. vacations;
• Chernobyl pensioners - 14 additional calendar days. vacations;
• a pensioner works on a shift schedule (where there are night hours) - 3 extra days. vacations annually.

Vacation at your own expense for pensioners. Labor Code

Additional paid leave is provided to pensioners annually, only if this provision is spelled out in the collective agreement or it is provided for by acts adopted by your company (Article 116 of the Labor Code of the Russian Federation). Leave without pay is granted to a working pensioner under Article 128 of the Labor Code of the Russian Federation.

If the organization employs labor veterans - citizens who have a long work history, due to which they are marked by the state with special regalia, then they can use the incentive benefits that are provided to them by the state. So, for example, you must provide additional leave to working pensioners - labor veterans at any time convenient for them.

When drawing up a vacation schedule for the next year, the entire number of calendar days to which a person is entitled is taken into account: main + additional type of vacation. In this case, the schedule must be drawn up no later than two weeks before the start of the new reporting year, that is, no later than December 17, 2016.

The vacation schedule is agreed upon with employees and approved by the manager. Subsequently, the employee is obliged to go on vacation according to a previously agreed schedule, upon his personal application. Due to special circumstances, a person may go on vacation outside of the schedule, if there are grounds for this and with the consent of the organization’s management, also upon application.

According to labor legislation in accordance with Art. 125 of the Labor Code of the Russian Federation, vacation can be divided into several parts, subject to the consent of the organization’s management and the employee himself. Another condition is that at least one part of the vacation must be at least 14 days.

Payment of vacation travel for pensioners of the Far North

Working citizens in the Far North and equivalent areas, in addition to the right to additional leave without pay for pensioners also have the right to compensation for travel tickets to the place of their planned vacation in Russia at the expense of their employer, in accordance with Art. 325 Labor Code of the Russian Federation.

Moreover, non-working pensioners living in the Far North region can also count on similar compensation. It can be obtained once every two years from the funds of an extra-budgetary fund - the Pension Fund, that is, contact the Fund’s branch directly.