According to state statistics, at the beginning of 2017, over 12 million disabled people were officially registered in Russia. Of these, only a few percent actually work. In developed foreign countries, the percentage of people with disabilities who are employed is much larger and ranges from 30% in the USA to 80% in China.
The availability of work for the disabled is of great importance. Firstly, social benefits intended for people with disabilities are small, and additional earnings are needed to maintain a normal standard of living. Secondly, the work allows people with disabilities to integrate into society, contributes to the socialization of the disabled. Thirdly, it helps other people understand the role of the disabled person in society.
Extra leave for working disabled people is one of the forms of social protection of people with disabilities. Labor relations between a leader and a disabled employee are regulated not only by the Labor Code (hereinafter - the Labor Code of the Russian Federation), but also by other laws, in particular, Law 181-FZ.
The right of persons with disabilities to work
The goal of the Federal Law 181 is to provide disabled people with equal opportunities with all citizens to exercise civil, political, economic and other rights and freedoms, including the right to work and rest.
In Russia, not only is there no discrimination against persons with disabilities in employment, but also special measures are being taken to guarantee employment, for example: setting quotas in organizations for people with disabilities, stimulating enterprises to create jobs.
Working conditions for disabled workers
Thanks to state policy, the employment of people with disabilities is no longer a rarity. And every employer should know that, when hiring a new employee, he must provide appropriate working conditions for people with disabilities:
- An employer does not have the right to establish working conditions that in any way worsen the situation of a disabled person.
- Disabled people of groups 1 and 2 can work no more than 35 hours a week. For disabled people, 3 groups of such restrictions are not established in the law. The length of the working day depends on the medical report and cannot exceed the time indicated in such a report.
- By agreement with the employer, the disabled person has the right to work part-time, that is, not a whole shift, but only part of the established working day. This fact does not affect the duration of the vacation.
- An employer must not involve an employee with disabilities in work that goes beyond the limits of the working day, in night work, in work on holidays and on weekends without the consent of the latter. If such work is medically contraindicated, then even with the consent of a disabled person, it will be unlawful to involve him in any work.
Annual main and additional vacation. What are the differences?
Annual leave is guaranteed to all working citizens, usually it is 28 days. But certain groups of workers are provided with extended paid leave. Categories are defined by the laws of the Russian Federation.
Extra leave may be paid or unpaid. Paid additional leave is provided for certain categories of citizens and is established by the laws of the Russian Federation. Unpaid additional leave can be obtained by any employee, either by agreement with the employer, or on the basis of the law.
Annual paid basic leave for the disabled
The duration of the annual vacation is established by the Labor Code of the Russian Federation, according to which the vacation is 28 days. The code does not mention the increase in leave and the provision of any additional leave to persons with disabilities. But the Labor Code of the Russian Federation refers to 181-FZ, which establishes a different duration of rest.
In accordance with 181-FZ, persons with disabilities are entitled to longer (extended) leave, which should be at least 30 days. The legislator increases the basic vacation for the disabled person with additional days.
When a disabled person is hired, 30 calendar days of vacation or more should be prescribed in the employment contract.
If the employee has submitted documents on disability, already being hired, then the relevant labor contract shall be amended accordingly. The same rule applies if the employee is disabled.
Reasons for additional leave
In addition to basic leave, people with disabilities have the right to use additional leave. The grounds for obtaining additional rest are prescribed in the law:
- The employer independently sets up additional paid leave. In a collective agreement or a local act, the head has the right to set a vacation for working disabled people in excess of 30 days. The maximum number of days is not fixed by law.
- Disabled persons are granted additional leave if they fall into one of the categories specified in article 116 of the Labor Code of the Russian Federation. Workers who work outside the working day can receive an additional 3 days of vacation. Disabled people working in the Far North, while working with harmful production, can also count on additional rest.
When granting leave, the legislator does not distinguish between disabled people of groups 1, 2 or 3. In the Labor Code of the Russian Federation, employees with disabilities of all groups are united in the general category of “disabled people”. Therefore, additional paid leave to persons with disabilities of group 3 is provided on an equal basis with persons with disabilities of groups 1 and 2.
- Persons with disabilities are entitled to receive additional days of unpaid leave at any time. Maximum per year, such workers can use 60 days. The manager has no right to refuse or postpone such leave. It should be remembered that in this case, wages are not saved.
Documents that must be provided to the head for vacation
In order to receive extended or additional leave in the organization, people with disabilities must be provided with the following documents to the personnel department:
- A certificate or certificate stating the basis of disability, group and degree of disability.
- The rehabilitation program, which is issued to each disabled person individually after a medical and social examination.
Vacation calculation
The number of days of vacation for persons with disabilities is calculated in calendar days.
Calendar days are consecutive days following each other, including working days, weekends and holidays.
The main and additional leave of workers with disabilities are summed up and can be provided immediately or, by agreement with the employer, in parts. The maximum vacation time is unlimited.
Holidays, if they fall on the time of paid annual leave, are not included in it, and leave is increased by the number of holidays.
Vacation Terms
If a disabled person just got a job, then the right to leave arises according to the general rules after six months. But the Labor Code allows this term to be omitted, and by agreement between the employee and his manager, leave may be granted earlier.
There are also exceptions to the Labor Code of the Russian Federation when a worker must be granted leave, even if six months have not expired, for example: women before childbirth and after, minors, employees who have adopted a baby.
Subsequent vacations are granted according to the schedule set by the particular employer. For two weeks, the personnel department warns the employee about the upcoming vacation. If the schedule shows only the month of the start of the vacation, then the employee is obliged to submit an application for leave to the manager.
The application is written in free form, but as a general rule should be indicated:
- employer's name;
- company name;
- Name of employee
- additional or main vacation;
- the grounds on which leave is granted;
- term;
- date and signature.
Disabled people have no advantage in using paid leave compared to other workers. Granting vacation takes place only in strict adherence to the vacation schedule or by agreement with the employer. This rule does not apply to unpaid additional leave.
According to the Labor Code, vacation of disabled persons exceeding 28 days can be replaced with monetary compensation, i.e., from 30 days of vacation, 2 days, at the request of the employee, are replaced with cash payment.
Reschedule or extend vacation
In the following cases, leave for a disabled person may be postponed or extended:
- As a result of illness, accidents, when the employee temporarily loses the opportunity to work, vacation can be extended or postponed. Supporting documents on disability must be presented to the head during or after vacation.
- Execution of state powers by an employee. For example, jury service.
- If the disabled person was not timely paid the salary or was not notified in 2 weeks, the employee is entitled to postpone the leave upon written request.
Provision of basic and additional leave to disabled Chernobyl victims
A special category includes people who become disabled as a result of the Chernobyl disaster and its consequences. There are several groups of Chernobyl-disabled people:
- Citizens, including military personnel taking part in the liquidation of the Chernobyl accident.
- Citizens who have been evacuated from the exclusion zone.
- Citizens who donated their bone marrow to people affected by the Chernobyl disaster.
Chernobyl disabled people are provided with additional days of rest, at least 14 calendar days. These vacation days are paid by the employer and can be used by the employee at any time.
WWII disabled and combat disabled
One more category should be distinguished - disabled people of war and disabled people of the Second World War. The grounds for acquiring this status are indicated in article 4 of the Law “On Veterans”.
The features of providing vacation for this category of disabled people include:
- Persons with disabilities have the right to use basic leave at any time.
- Working disabled people are entitled to additional unpaid leave for up to 60 days.
If participants in the Second World War and persons bearing the sign “Resident of the besieged Leningrad” became disabled due to work-related injury or general illness, they can also use leave at any time. And they can count on additional unpaid leave of 35 days.
Finally
Although the legislator ensures equality of rights and freedoms of ordinary citizens and people with disabilities, but, in view of the characteristics of the latter, it guarantees state support to people with disabilities. The state seeks to compensate for the disability of people with disabilities, in particular, by increasing vacation time, providing at any time the opportunity to go on unpaid leave. This allows people with disabilities to be realized in society and the profession.