This article will focus on teacher leave. There is such a profession - difficult and debilitating, even if it is not related to working in mines and mines, but in terms of the output of forces it may well be compared with it. At the same time, it is both joy and celebration, although it does not have momentary results, since children do not grow quickly. This activity is completely different from others, and therefore the vacation of teachers is different from other professions. They usually relax in the summer, when the children are on vacation.
Teaching staff
The vacation of teachers is formed for well-known reasons: they rest precisely when they do not need to teach children. However, during the school year, the teacher has the right to take days on account of the summer holidays. And even a whole year teachers ’leave can last if it is, for example, creative. Such cases will be described here, as well as how many days a regular vacation lasts.
The teacher belongs to teachers, which means that their leave is regulated by the same articles of the Labor Code and the same Government Decisions. Chapter 52 of the Labor Code contains all the information about what constitutes the work of teachers, and in the same place, in Art. 334 of the Labor Code of the Russian Federation, it is said about their vacation. In particular, it says that each teacher has an annual and paid education. But according to the duration of the leave, teachers are laid different.
Holiday Types
Teachers working under the Labor Code fulfill all the duties that are provided for by them, and therefore teachers are provided with all the rights to the extent that are set forth in this law, including the right to leave. This is primarily maternity leave, then - child care, as well as leave at your own expense and many more of these varieties. And every year laid annual leave extended and paid. Why lengthened? Because in ordinary professions it usually lasts twenty-eight days according to the calendar, and how many days are teachers on vacation? They rest from forty-two to fifty-six calendar days.
The difference in the duration of leave for teachers depends on the type of activity. According to the list determined by the government, the school teacher rests for 56 calendar days, and the teacher of the preschool institution - only 42. This is a basic vacation, although it is extended, but in many cases the teacher can count on its longer duration. For example, how many days do teachers have holidays by region? In the Far North, the law provides for up to eighty, that is, they rest an additional twenty-four days.
Vacation time
When a teacher has the right to take a vacation, the administration decides. It is believed that only in the summer, but it is not. The teacher has the right to take it at any time, everything is determined by the schedule drawn up by the administration. Everyone would prefer to relax in the summer, but this is a vacation for children, and teachers have a lot of different things to do besides lessons. Not all students go on vacation in June - they pass exams at schools, recruit new students, and all rooms should be ready for school students to leave on September 1st.
In all schools, numerous children's programs are held in the summer, where the same teachers work. Therefore, by mid-August, all teachers should be at school, and they receive a notice of leave far from the first of June. Most teachers divide the vacation into parts and rest during other holidays - winter, spring, autumn. Fortunately, even in our difficult times, a notice on teachers' leave has not yet appeared, which reduces the number of days of rest. In total, the same deadlines remain - 56 and 42 days according to the calendar.
New laws
An extended vacation is granted only to those directly involved in raising and educating children. Previously, not all categories of teachers received it, now absolutely all teachers who have formalized their activities according to the nomenclature of the positions of heads and workers of educational organizations are eligible for extended leave.
For more than fifty-six days, leave for teachers is paid in institutions for orphans and children with disabilities, as well as teachers of art schools. The remaining full-time employees - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. Also, this law does not apply to non-pedagogical staff of educational institutions. Chefs and security guards can add only additional days at their own expense to the required thirty paid vacation days, so as not to be bored in an empty school.
Law Notes
The established duration of the leave, the main, extended, paid and relying only on pedagogical and leading employees of educational institutions, does not depend on departmental subordination and legal organizational form of the institution. However, in order to determine the number of days that a regular vacation for teachers contains, you need to constantly be guided by the notes and appendices to the new law.
For example, the notes indicate that 56 days are allowed for vacation to teachers of art schools, which include music, art and others related to additional education of children. This is indicated in paragraph 2 of the notes to the law. Another example: the duration of the leave of a teacher working in an institution that is not educational, according to decree No. 1052 of 1994, is 42 days according to the calendar. This is how teachers, social educators, and many other employees of organizations, enterprises, and institutions rest.
New rules
The procedure for calculating the duration of leave for teachers who were hired in the middle of the school year has changed. Previously, this was done based on the amount worked out in the school year, time, that is, in proportion. Now not so. After six months of continuous work, the teacher is entitled to a full annual full paid vacation.
Thus, if a teacher began to work in an educational institution, for example, in November, then in June he should already get a leave exactly the same as all other teachers, since article 139 of the Labor Code does not contain any restrictions on the duration of teachers' leave, even if annual leave begins before the expiration of six months from the moment the teacher begins work in this institution. On the contrary, it states that every teacher has the right to an extended annual paid leave.
Irregular working hours
Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions for whom the working day is not standardized. The duration of such leave is determined either by the collective agreement or by the internal rules of the labor schedule of the organization, but it cannot be less than three days. If it is not possible to provide additional leave, the teacher can "take money", that is, processing is compensated by the type of overtime work. But for this there must be a written consent of the employee. How to write a vacation application? A sample can be found in the illustrations for this article.
The conditions and procedure for paid additional annual leave for teachers with irregular working hours in state-funded institutions and organizations are established by the Government of the Russian Federation, and in organizations and institutions funded by constituent entities of the Russian Federation, teacher leave is established by the authorities of this subject. If the organization or institution finances the local budget, then all issues are decided by the local government.
The timing
How many days and how to write a vacation application? A sample exists for each type of vacation separately, and the term of writing is not negotiated. However, in each organization there are certain standards where local acts fix the rules regarding the exact number of days after which such an application should be submitted to the appropriate authorities.
Much here depends on the work of accounting. She accrues vacation in advance, not less than three days before the vacation, except in extreme cases. This means that the employer must receive an application at least four days in advance. You also need to take into account the scale of the organization, there are among the educational institutions and very large. Therefore, it is better to take care of your own rest much earlier.
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The positions of employees who have irregular working hours and who are entitled to additional paid leave are established by the internal labor regulations or other regulatory acts of this organization. Such a list includes both managers and technical personnel, as well as other persons whose work is not amenable to accurate accounting. According to the same principle, additional leave is calculated for those who work on a free schedule.
The minimum duration of additional leave, as already mentioned, for workers with an irregular working day is not less than three calendar days, but the new rules do not provide for restrictions on the maximum duration. A limit exists only for a minimum period.
Vacation Application
For example, it's time to write a teacher’s vacation application. The sample looks something like this. In the upper right corner, the position of the head and the name of the organization, the name and initials of the head to which the application is addressed are filled in. Next, you need to write who it came from - last name and initials, position. In the center of the sheet, the word "Application" is written below, slightly stepping back - the main text, which indicates the request for the next paid leave from such-and-such a date to such-and-such a number, lasting for so many calendar days. Even lower is a personal signature and application filing date.
If the vacation is not regular, but additional, only the main part of the application changes, where you need to indicate the request for additional leave for a specific period. The upper and lower parts of the form remain unchanged. And you need to keep in mind that the employer in the second case has the right not to go forward, as he is obliged to provide only another vacation. Better if there is a preliminary agreement. Sometimes, for some reason, the teacher needs to be absent from work for only one day, in which case it is appropriate to write an application for leave without saving content.
Holiday
The average earnings during the holidays for the school employee are maintained, as defined by article 139 of the Labor Code and the Regulation on the calculation of average wages No. 123 of 2003. The procedure consists in summing up the actual accrued wages for the last three months (from the first to the first day), on the basis of which the average figure is derived.
Here it is necessary to take into account absolutely all types of payments that are on the list (clause 2 of the same Regulation). These are surcharges for checking notebooks, for managing classrooms, workshops or laboratories, for working on methodological and cycle commissions, as well as all other payments that are provided for in the remuneration system for an employee of an educational institution. Non-working days and holidays that coincide with the teacher’s leave are not paid and are not included in the total number of days.
Job combination
Teachers often do work in different areas and combine jobs where there are different durations of vacation. For example, a physics teacher and a preschool teacher in the same comprehensive school. Teachers leave for 56 days, and teachers for 42 days. Accordingly, vacation pay should be calculated. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.
The first one is based on the amount of actually calculated wages for the entire billing period - for each position separately. The second method is more complicated. The total duration of the rest accounts for the total amount of accrued actual wages, plus the part of the vacation exceeding the total duration is calculated separately based on the earnings of the position where the vacation duration is longer.