Many people who receive disability pensions simply can’t provide themselves with a decent living for the money they receive, and then there’s nothing left but to go to work. On what conditions such people can work and how vacation is granted to a disabled person of 3 groups, we will consider in the article. Naturally, it is worth paying attention to the fact that only those disability pensioners who work under the contract can receive special conditions.
Holiday Order
As for the direct provision of leave to a special category of people, it will not differ too much with the procedure that applies to ordinary employees of the enterprise. Usually there is a special schedule according to which the employee goes on vacation, in which case an additional application is not worth writing. The employer draws up a schedule and informs his employee about it. The rights of a disabled person of 3 groups at work do not differ too much from the rights of an ordinary employee.
Of course, given the state of a person’s health, he may not be provided with rest on schedule, but in this case a written statement will be required.
What can a disabled person get at his workplace?
A disabled person of group 3 uses the same rights as employees of the organization, which is clearly stated in the article "On the social protection of persons with disabilities in the Russian Federation." For such workers, leave is provided for 28 days, but it may be slightly longer, for example, 30 days. There is also an additional rest, it may be paid, or it may not be paid.
Varieties of Holidays
Disabled people can use their right and receive an annual main vacation, it is paid, as it should be by law. Such a vacation for a disabled person of group 3 is provided on schedule. Working disabled people can still hope for additional and special leave, they can be paid, or they can be without paying salaries. Special citizens fall into this category:
- For example, a vacation can be arranged if you want to care for a child.
- Extra rest is given to single mothers.
- Parents who raise a child with a disability.
- Vacation due to pregnancy.
If a disabled person of group 3 wants to get leave without a salary, then it is enough to write a statement for this, while indicating that the reason is hidden in family circumstances.
Annual vacation
According to all the rules, all employees can expect a vacation of 28 days, but according to the Labor Code of the Russian Federation, the vacation of a disabled person of group 3 will be extended, so such workers will be able to rest for at least 30 days. It is also worth noting that such a vacation is absolutely for everyone, regardless of disability. If additional rest without maintenance is required, then for disabled people it can be two months, but at the same time, wages for the employee are not saved.
How long can a rest for a disabled person of group 3 last?
Work for a disabled person of group 3 can be the main income, therefore, a citizen or citizen who wants to fully enjoy all the benefits at the workplace should clearly understand that it is necessary to be officially employed, which means that an agreement must be concluded with the employer.
In fact, every disabled person has the right to take leave twice a year, one of them is considered calendar, and the second is optional. Consider the main nuances that should be considered when applying for a disabled person to work:
1. Holidays on the calendar are designed for 28 days, but for disabled people it is 30 days.
2. An additional vacation for persons with disabilities of group 3 may be paid, for example, if the employee has an irregular day.
3. Holidays are not counted as calendar days if they fall during the vacation period.
4. When an employee fell ill during a vacation and was on sick leave, the vacation is extended to him.
5. Any employee who is on a disability can take additional leave, but already without a salary.
All these points are clearly spelled out in law.
Extra vacation, what is its essence?
There is a special law “On the social protection of persons with disabilities in the Russian Federation”, which clearly spells out the possibility of receiving, in addition to the main vacation, an additional one.
In addition to the fact that such an employee receives a vacation of 30 working days, he will be able to exercise the right to rest additionally. It is important to consider that when a disabled person goes on sick leave during vacation, he receives a refund:
- In this case, the employer must extend the vacation exactly not so many days as the employee spent on sick leave.
- If the employee does not want to rest, then those days that were not used by him can be used with the next vacation.
- You can get a cash payment for the days on which the employee was on sick leave.
It is impossible to say exactly how much vacation a disabled person of group 3 is entitled, because a person can exercise his right, and take an additional vacation of 60 days during the year. More days are not allowed by law.
What benefits are foreseen in 2017?
Consider the main nuances that need to be considered for people with the 3rd disability group planning to go on vacation:
- Additional leave is granted to employees with disabilities who have irregular working hours. The vacation period is clearly stated in the collective agreement, but it should not be less than three days a year. Such leave is required, even if the employee throughout the year did not perform his duties properly after hours.
- When a disabled employee works in hazardous work, the employer must provide him with additional leave. In this case, the employer must give his employee an additional vacation of at least a week a year. The specific duration may also be prescribed in a special agreement.
- There are regions of the North in Russia, so leave for a disabled person of group 3 working in difficult conditions is given in the amount of 24 calendar days.
- A disabled worker can take additional leave not only because of his health, but also for other reasons that are prescribed in the Labor Code.
- A disabled employee may take leave on a regular basis in the amount of 14 calendar days if he has a need to care for a minor child. It can also be a vacation for the period of study, due to pregnancy and childbirth. Such leave is usually paid by the employer.
Another important point that you should pay attention to: if holidays fall during the holidays, then they are not included in the total number of vacation days.
How to write a vacation application for a disabled person of group 3?
In 2017, benefits for people with disabilities of the 3rd group must be prescribed in labor relations in accordance with Russian law. If an employee is planning to go on vacation according to the staff list, then he does not have to write a statement at all. In all other cases, such a document is written. It should also be noted that some employees prefer not to go on vacation, in order to then take the opportunity to receive monetary compensation. The application can be written in any form, but when compiling this document, it is still worth paying attention to some factors:
1. It is indicated to whom exactly the petition was sent. As a rule, this is the head of the enterprise. His position and initials are recorded.
2. The text of the application should begin with the basis, and it is indicated that leave is granted to a disabled person of group 3.
3. Next, the words “I ask” are written and the number of vacation days that the employee wants to receive is described.
4. The completion of the application is the date and signature.
To date, people with disabilities of group 3 must necessarily clarify and agree on the date and month of their vacation with the employer.
Peculiarities of providing vacation for disabled
At any enterprise, the employee must provide the appropriate document, which will indicate the duration of the disability. For example, in this regard, the employer will be able to change the number of vacation days as soon as the disability is lifted.
1. An employee may be asked to sign a new employment contract.
2. If the employee does not give his consent to the reduction of the vacation and does not agree with the notification of the employer, then he is paid severance pay after two months, and the employee leaves.
Sometimes there are cases when documents confirming disability are provided after the employee got a job. From that moment, a special agreement is drawn up. Work for a disabled person of group 3 can be very important, but at the same time, the employee must understand that it is not worth using their rights. The employer will also not be able to refuse an employee with a disability to provide him with additional rest, but at the same time, wages are not saved.
Leave to a parent caring for a child with a disability
In 2017, benefits are not only provided to disabled people of group 3, parents who raise a disabled child can also count on additional leave. To get such rest, it is enough to write an application and submit documents to the employer, which will confirm that the disabled child is in care. The collective agreement may take into account all these nuances, so parents can take a vacation at a convenient time for them. The parent will have to warn the employer in advance, then this vacation will be included in the plan.
Can unpaid leave be issued to parents of a child with a disability?
Some parents of people with disabilities face a problem when they need additional leave to stay at home with their child. The employer does not have the right to refuse to provide additional days for vacation, but at the same time these days may be unpaid.
According to all the rules, four additional days off can be accrued every month, but here it must be remembered that these days are not transferred to another month, while compensation will also not be paid.
Now that we have a full idea of ​​what rights a disabled person of 3 groups has, how many days of vacation he can rest, it is safe to say that every employee, regardless of his health, should know the rights granted to him by the state. Given all the above rights, now every employee will be able to defend them before the bosses, while taking all the required days for their well-deserved rest.