With retirement, life does not end, and many elderly people, due to various circumstances or reasons, continue to work. They, like other employees, are entitled to receive additional leave. However, unlike workers who have not reached retirement age, senior citizens can also rely on certain benefits and preferences.
The concept and legal framework for additional leave
Given that the average pension in the country is quite modest, many older people decide to continue working. However, due to age-related characteristics, their state of health, it is much more difficult than youth to maintain a tight work schedule. Are pensioners entitled to extra leave? Often, due to fatigue or certain family circumstances, older citizens need extra time to relax.
The right of working pensioners to additional leave (hereinafter referred to as DO) is provided for by the Labor Code of the Russian Federation. Subscription is not only an inalienable right, but also a certain benefit for working citizens of retirement age. This category includes persons whose age has reached the value established by the legislation of the Russian Federation, but who continue to work at the same place of work or in another organization at their discretion.
In the case of continued employment, an elderly person has the right to receive, in addition to wages, the pension payments due to him by law. The possibility of retirees receiving additional leave is prescribed in article 128 of the Labor Code of the Russian Federation. In addition, the employer may, at its discretion, add any items regarding vacation to the collective agreement. However, it is not allowed to reduce the terms of vacation established in the framework of the legislation of the Russian Federation.
Benefits for working retirees
Having reached the retirement age, a citizen has the right to retire on a well-deserved rest or continue to fulfill his labor duties. According to the law, it is impossible to issue a dismissal without the consent of an elderly employee, with the exception of serious disciplinary offenses by the employee.
The reasons why termination of an employment agreement with a pensioner without his will is not legally justified include:
- frequent absence from the workplace due to health problems (gaps must be confirmed by a medical certificate);
- the presence of other part-time work;
- fulfillment of duties according to an incomplete work schedule (based on an agreement).
For working pensioners, certain benefits are provided:
- part-time work or a shortened week;
- absence from work due to health reasons (paid sick leave);
- the dismissal of an older employee is possible only on the basis of Art. 77 Labor Code of the Russian Federation;
- the opportunity to get additional to the main vacation;
Working retirees are entitled to additional paid leave, as well as the opportunity to take unpaid weekends. Preference in the form of additional rest is significant enough for the elderly. The legal opportunity in many ways allows working retirees to take a short break if necessary.
Categories of working pensioners
Special rules for assigning additional leave to pensioners apply for the following categories of senior citizens:
- Persons who have retired by age and have been officially employed for at least 5 years. To date, 55 for women, 60 for men (from 01.01.2019, changes in retirement age come into force).
- The military, employees of the internal affairs bodies, fire fighting structures. Such specialists, having crossed the pension threshold, have a number of special benefits. Their retirement dates are slightly earlier than those of workers in other areas.
- Elderly people with disabilities. This category is considered the most unprotected. The issue of employment is considered only in relation to senior citizens who have a 2nd and 3rd disability group (based on medical examination).
- Opportunities for additional leave for working pensioners and labor veterans, senior citizens who have merit to the Fatherland are provided on special conditions.
Types of holidays provided for senior citizens
Every citizen working on official terms, in accordance with labor legislation, has the right to count on vacation. For people of retirement age, it is possible to provide:
- basic leave, which must be paid without fail;
- additional (may be paid or unpaid).
Under the law, older people can take extra leave if help is needed to care for and educate their grandchildren. Sometimes, for some justifiable reasons, parents cannot keep an eye on their baby. In this case, grandparents can take a vacation during the absence or employment of the mother (father) of the child.
Of course, additional pensioners are entitled to additional leave, but it should be borne in mind that for the most part it will be unpaid. If funds for this period are credited, then it does not imply any more preferential terms, that is, it will be possible to use it on a common basis.
Basic vacation
Basic vacation is a type of vacation that is legally granted to all officially employed citizens, including persons of retirement age.
The right to take advantage of the main type of vacation may be employees who carry out continuous labor activity in the organization and have worked in it for more than six months (if there is an employment agreement with the employer).
For those who have officially worked a full year at the institution, rest is 28 days. This period is paid and is calculated from the average earnings. It is provided annually.
Both regular workers and employees of retirement age are entitled to take full advantage of basic leave. Moreover, in the legislation there are no distinctions of workers by age or any preferences regarding this period of rest. For working pensioners, it is the same number of days as for other specialists.
Extra holiday features
An additional vacation is considered as an opportunity to get a longer rest period exceeding the main period. It is especially relevant for people of retirement age. Due to poor health, the need to periodically carry out preventive measures, conduct medical procedures, additional time for rest is considered a significant relaxation for older citizens.
This period can be used by a person to travel to a sanatorium, a medical institution, for relatives, to relax in a home environment. The right of pensioners to additional leave is exercised at their request and desire. Each elderly employee can spend his time at his discretion.
Additional days for senior citizens do not have any specific time limits. The only thing worth paying attention to is that the fact of subsidiaries does not provide for the retention of wages or the payment of vacation pay for an older employee. Paid additional leave for working pensioners is provided only in certain cases, reflected in the labor legislation of the Russian Federation. For the most part, this type of weekend is unpaid.
The procedure for providing additional leave
Issues of vacation are regulated by the Labor Code of the Russian Federation. Additional paid leave for working pensioners, as well as rest at their own expense, is made out exactly according to the same rules as for young employees.
The main points are reflected in Article 128 of the Labor Code of the Russian Federation. By law, the employer, subject to all relevant requirements, cannot refuse a working pensioner to provide this benefit. At the same time, an older employee must have a really good reason to take an unscheduled weekend, and it is also advisable to document his arguments. Usually, having no social status, except for the retirement age, older workers are entitled to 28 days of paid vacation and 14 days (upon request) of unpaid. Thus, in total, an employee can rest for more than 40 days.
A working pensioner has the right to additional leave, but this does not mean that a person must use it without fail. If during the working year there are no reasons for arranging vacations, then senior citizens may not use the preferences laid down by them.
The algorithm for providing DO
To take a weekend or extend the main vacation, the following sequence must be observed:
- An employee who needs extra time must write a statement.
- Written appeal is considered by management, and a decision is made within the time period established by law. In most cases, the conclusion of the boss will be positive.
- Based on the application, the manager issues an internal order, after which the employee can leave the place of work for an officially agreed period.
An application for the provision of additional time must be previously submitted to the employer at least two weeks in advance (except in special cases).
When the manager refuses to provide additional leave to the employee, he is obliged to explain his decision in writing. Reasons for rejecting an employee’s request must be valid and reasonable.
Application Rules
Usually, difficulties with the correct execution of the application does not arise. In any institution in the human resources department, the employee will be provided with all the necessary forms and filling samples. The application is allowed to fill out on site, or bring at the appointed time.
An order will be drawn up based on the document. In this regard, the application, as the most important legal document, may have certain requirements:
- a written appeal is drawn up on A4 paper;
- at least 3 cm stumbles from the left edge (for hemming);
- in the upper right corner it is indicated in whose name the application is submitted and the full name of the person making the request;
- in the middle is written "Statement";
- the main part of the document contains the request and its justification;
- absence periods are prescribed (the period from the first to the last day of vacation);
- put the date and personal signature.
The document may not have any inaccuracies or corrections. The appeal should have a short, concise form; it is not required to describe in detail the circumstances. In the case when the employee finds it difficult to clearly articulate the reasons for the provision of subsidiaries, the issue is discussed with the leader individually.
Additional leave for pensioners with salary
The labor standards of the Russian Federation (Article 116-119) provide for a number of conditions under which the head must appoint additional leave to the employee and pay without fail. The current legislation does not distinguish between workers who are given DO by age. Additional paid leave to pensioners and other employees is provided in the following cases:
- when performing labor duties in conditions harmful and dangerous to life and health, at least a week (7 days) is added to the main one;
- implementation of work in an irregular mode - from 3 days;
- for regions of the Far North, the deadlines are 24 days, for regions equated to them - 16 days;
- when working in special working conditions, the duration is regulated by an employment agreement.
The head of the organization must comply with the requirements established by law and the rules. At the same time, the employer has the right to increase the duration of additional days off or provide them to other categories of employees not declared in the Labor Code of the Russian Federation. However, it is not allowed to reduce the terms of DO.
Unpaid Extra Leave
According to labor standards, a working pensioner is entitled to DO without providing payments at will. The timing of the holiday may be as follows:
- The standard duration of an extra weekend is two weeks;
- if there is a disability for an employee of retirement age - up to 60 days;
- other terms stipulated by the legislation of the Russian Federation.
Additional leave for a retired veteran of labor is provided on the basis of the law “On Veterans” and the labor legislation of the Russian Federation. Applicants to this category are entitled to apply.
There are no separate standards for the length of terms for this group of older workers in the legislation. Labor veterans can take an unscheduled weekend, the employer does not have the right to refuse them.
Benefits of extra leave for people of retirement age
The Government of the Russian Federation encourages at the legislative level the right of citizens who have reached the retirement date to work and receive certain preferences. The state helps older people to have not only additional income for retirement, but also the opportunity to take a break if they wish in a long or complex work schedule. Stimulating retirees to continue to work, the authorities are promoting an active life position of the older generation.
Among the benefits of additional leave for pensioners are the following:
- the right to receive an unplanned weekend at any time;
- the ability to supplement a certain number of days required by the main vacation;
- exit from vacation is possible only with the written consent of an older employee or in an emergency.
Most of the situations due to which a working pensioner needs to interrupt their vacation or even get a refusal to provide it is described in the collective agreement or the Regulation of the organization.