Labor legislation provides for various rights and benefits for employees. New edition of Art. 262 of the Labor Code of the Russian Federation allows the provision of an additional weekend to one of the working parents / curators / guardians. They are paid. The number of days is 4 per month. As art. 262 of the Labor Code of the Russian Federation , payment is made in the amount of average earnings. The accrual procedure is established by federal law. The rules for providing extra days are determined by the government. Women working in rural areas can expect an extra day off a month without maintenance.
Article 262 of the Labor Code of the Russian Federation with comments
The legislation focuses on the rights of persons caring for children with disabilities. For example, in Art. 262.1 of the Labor Code of the Russian Federation determines the priority of the provision of paid leave (annual) to these entities. Parents, trustees, guardians can additionally count on 4 days of rest each month. Art. 262 of the Labor Code of the Russian Federation establishes the general procedure for their provision.
Ministry of Labor Explanations
Considering Art. 262 of the Labor Code of the Russian Federation with the comments of the Ministry, a number of nuances should be noted. First of all, these days are provided to one of the employed parents, trustees or guardians. To realize this opportunity, the subject of law must fill out a sample application approved by Order of the Ministry of Labor No. 1055-n . According to 262 Art. TC RF days are provided on the basis of the order of the head of the enterprise. In this case, as explained by the Ministry of Labor, a person must submit a certificate from the social security authority about the child’s disability. This document should also indicate that the minor is not in a specialized institution with full state support. It should be noted that boarding houses of 5-, 6-day maintenance do not belong to such institutions. The working parent / guardian / guardian must also submit a certificate from the place of work of the spouse that the paid days on the same date were not used (or partially used).
Special situations
To implement the provisions of Part 1 of Art. 262 of the Labor Code of the Russian Federation , documentary evidence is required:
- The death of one of the subjects of law.
- Divorce.
- Deprivation of parental rights.
- Other cases of lack of care on the part of one of the adults (long-term business trip, serving a sentence, etc.).
If there is appropriate paperwork for the working entity raising a disabled child, an additional 4 days of rest are provided without presenting a certificate from the company of the other parent. A similar procedure applies to single mothers.
Lack of formal employment
In some cases, one of the trustees / parents / guardians is on the staff of the enterprise, and the other does not. In the latter case, he may not be officially employed, but independently provide himself with work. For example, the subject can be an individual entrepreneur, a private notary public, a lawyer, a guard, the head or member of a farm (peasant) farm, a family (clan) community of small indigenous northern peoples engaged in traditional activities. In such situations, extra days under Art. 262 of the Labor Code of the Russian Federation rely on officially employed person. At the same time, it must present a document proving that the second adult is unemployed or independently provides his employment.
The specifics of the provision
As art. 262 of the Labor Code of the Russian Federation , trustees / guardians / parents are entitled to distribute rest days among themselves. If one of the employed entities used part of the stipulated rest period, the second citizen may receive the remaining days in the same month. In this case, one nuance should be taken into account. Extra days are not allowed to the employee during his annual paid and unpaid leave, the period used to care for minors up to 1.5 years. Another parent / guardian / guardian may use the provisions of Art. 262 of the Labor Code of the Russian Federation . If the family has two or more disabled children, the number of extra days does not increase. If the application for the provision of rest was satisfied, but the employee could not use it due to an illness, he can take them later, but in the same month. At the same time, the period of incapacity for work should be over, as indicated by a certificate.
Payment
As explained by the Ministry of Labor, in calculating compensation, the average earnings are used. Financing for the payment of additional rest is carried out from the FSS. Calculation of average earnings is carried out according to the rules established in federal legislation. Since 2010, financial support for the costs of additional leisure provided for the care of a disabled child has been made through transfers from the budget to the FSS. Calculation of average earnings is carried out in accordance with the rules of Article 139 of the Code and the Regulations approved by government decree No. 922. The calculation is made by dividing the actually accrued salary by the number of days worked. At the same time, rewards and bonuses taken into account in accordance with clause 15 of the above Regulation are taken into account.
Additional rights
As stated in article 262, one day off per month may be granted to women working in rural areas. It is not payable. Moreover, an extra day is provided regardless of the absence / presence of children. A similar rule applies to persons working in the Far North and in areas equated to it. However, in this case, a day of rest can be provided if there is a child under 16 years old. The corresponding rule is enshrined in Article 319 of the Code. As part of the application of the provisions of the norm, it is necessary to take into account that the employee’s use of an additional day off if the employer, in violation of the requirements of the law, refused to provide it at the request of the employee, will not be regarded as a disciplinary offense. The corresponding explanation is present in paragraph 17 of the plenary resolution of the Armed Forces No. 1 of January 28, 2014.
Government Decision No. 1048
This normative act came into force in 2014. The Decree establishes additional rules for granting days of rest, clarifies certain aspects of this procedure, and supplements the considered norm of the Code. According to its provisions, an employee caring for a disabled child can exercise his right on the basis of a certain list of documents. First of all, this is a statement on the provision of holidays for a specific period (quarter, month, year). The document must be presented every month. Meanwhile, the Decree allows the employee not to fill out a statement every time he plans to take a day off. If the employee knows in advance the period in which he will use the days of rest, he has the right, with the consent of the employer, to submit the document once immediately for a quarter or a year. As stated above, documents are attached to the application. Among them:
- Help confirming the disability of the child. It is issued by BMSE. A certificate is submitted in accordance with the period of the establishment of the group (year, two years, five years, or until the age of 18).
- Documents proving the address of the child's residence (or place of stay). This may be a copy of the extract from the house book, for example. This document is presented once.
Tenant Actions
After receiving the application and the documents attached to it, the personnel department:
- Draws up an order to provide paid days for an employee.
- Indicates an additional weekend in the time sheet by digital code 27 or by the letters "OV".
- In the employee’s personal card (f. T-2), an entry is made about the right to benefit (section IX). The basis for affixing a mark is the child's disability certificate submitted.
Conclusion
It should be noted that the Decree does not require a disabled child to live together with a parent / guardian / guardian. Accordingly, their addresses may not coincide. Meanwhile, in some cases, the fact of cohabitation can be significant. The fact is that the right to receive additional days can be exercised not only by trustees / parents / guardians, but also by other persons who bring up a disabled child without a mother. For example, a woman was stripped of her rights. At the same time, she has a sister, bringing up the child until the moment of registration of guardianship or guardianship.