In the article, we consider the conditions for providing additional leave to persons with disabilities. Certain categories of workers have certain vacation privileges. One of these categories includes workers with disabilities. It should immediately be noted that we are talking about people working with the conclusion of an employment contract, since the organization is obliged to provide holidays only to such employees.
Basic vacation
According to the generally accepted rule, the duration of an additional vacation for people with disabilities is 28 calendar days, according to the norms of the Labor Code of the Russian Federation. However, working disabled people are entitled to extended annual basic leave, which will be paid, lasting at least 30 days.
All workers with disabilities can expect this duration, regardless of group. It should be noted that the legislation in 2018 did not undergo any changes regarding the provision of basic paid leave. That is, for example, disabled people of group 3 will rest as long as in 2017.
Extra leave for the disabled
Additional leave, as a rule, is granted to persons working under an employment contract officially. A working disabled person must have reasons for receiving additional days of rest. For example, it can be special merits, overfulfillment of the main work plan, achievements, etc. In addition, some categories of employees are allocated to which employers provide vacation by law. Among them are disabled people. The main provisions governing the procedure for receiving leave are articles 128 and 114 of the Labor Code of the Russian Federation. In this case, the disability group in the provision of additional leave or other benefits does not matter.
Maximum duration
A disabled person of 3 groups, according to the norms of the Labor Code of the Russian Federation, can count on receiving additional leave within sixty days (maximum). The employer can provide it once a year. To do this, the employee must write an application for leave, hand it to the head. Documents that indicate the presence of a disability group may be attached to the application. The employee may, at his own discretion, divide the additional leave into several periods. If a disabled person is in retirement age, then he is entitled to another 14 days in addition to no wages. It is very important to know that additional holidays for people with disabilities under the Labor Code of the Russian Federation are not paid by the employer.
Statement
An application for additional leave is filled out by a working disabled person in the name of the head of the enterprise or organization, indicating the position of the employee. The application must be executed in person with the initials and surname. It must indicate the request for granting the disabled person leave, the date of the subsequent exit to work, with reference to the article of the Labor Code of the Russian Federation, according to which such an employee can receive additional leave due to his status as a disabled person. This document must include the date and signature.
What is an additional vacation for disabled 3 groups?
What vacation can workers with a third disability group expect?
A working disabled person can receive an additional two days of rest (28 days of basic and 2 days of vacation due to disability). They must be paid, like the rest of the vacation. If this employee wishes to take additional leave without maintenance, he must draw up a statement of a certain form.If an employee wants to use extended leave up to 60 days, special documents attesting to his health condition must be attached to the application. They are:
- certificate from ITU, where the disability group will be indicated, limitation of its disability;
- IPR is a program that is being developed by state-owned institutions of a certain orientation (ITU) - it prescribes the dates, types and volumes of medical measures needed to rehabilitate and restore the health of a person with a disability of 3 groups, to compensate for lost life functions.
The degree of disability of a disabled person may change over time. Therefore, if he wants to take an additional extended vacation, information should be provided.
How long is an additional vacation for disabled people of group 2?
What can a person with a second disability group count on?
A person with disabilities of group 2 engaged in labor activities is also entitled to two additional days. These two days are usually paid by the employer, like the rest of the vacation. In addition, disabled people of the 2nd group have the right to enjoy an additional rest of 60 days, and they will not be paid the same as for the other groups.
There are no differences in the provision of additional leave to disabled people of group 2 and group 1. The employer cannot refuse them rest. However, employees who wish to take advantage of privileges and benefits must confirm their status. To do this, you need to submit a reference from ITU and IPR.
The employer must carefully study all the submitted documentation, which confirms the status of a disabled person. This is due to the fact that disability is granted for a certain period of time, and then the employee is obliged to confirm it. Disability periods must be indicated in the certificate issued by the special commission. And if the employee did not pass it on time, which means he has not confirmed his status, he will not be entitled to benefits, even if he needs them in connection with his state of health. Therefore, it is extremely important to undergo a timely examination and engage in confirmation of disability status.
If the certificate does not indicate the period of disability, then we can assume that it is assigned to a person for life. In cases where this happens, the employee is entitled to leave for 30 days without certain restrictions (main), as well as additional days of rest. If the disability is established for a specific period, for example, for 1 or 2 years, then it is necessary to conclude a contract with such an employee that from the moment of termination of this status the vacation will be provided for not 30 days, but already 28 days, and no additional rest will be provided.
30 days vacation
If previously a disabled person of group 3 has been issued all the relevant privileges and benefits from the state, then he has the right to receive leave of 30 calendar days. However, this period may be extended depending on the following factors:
- place of work of such a citizen;
- field of activity of the enterprise;
- the presence of additional circumstances.
If a disabled person of the third group carries out activities in the specialty in conditions of harmful production, then leave for him can be up to 2 months. The situation is the same with the military and public service, where the duration of rest depends directly on the length of service.
Below we consider the conditions for obtaining additional leave for people with disabilities.
Terms of receipt
Like most other benefits for people with disabilities, the following conditions must be met in the Russian Federation for additional weekends:
- a working person with disabilities has all the relevant documentation on disability;
- a citizen is officially employed;
- he regularly receives monthly material payments;
- he worked for a fixed period of 6 months at the workplace;
- the employee underwent an annual medical examination and confirmed the status of disability.
Submission Procedure
The procedure for registering additional days for people with disabilities is absolutely identical to that issued to other categories of employees. Rest by agreement between the employee and the employer can be divided into two parts. One of them should not be less than 14 days. The algorithm for completing additional leave:
- 2 weeks before the rest, the employer must notify the employee of this.
- If a person with disabilities goes on vacation according to a pre-agreed schedule, then he is not required to write a statement. However, in practice it is usually written. If the working disabled person goes on vacation not in accordance with the schedule, the application is compulsory.
- After receiving such a statement, the employer must put on it a resolution, seal and signature, and then draw up an order in accordance with form T-6.
- Three days before the start, the disbursement payments are transferred to the bank account of the disabled worker, as well as the required salary.
- If an employee with a disability wants to take leave up to 60 days, he is obliged to provide a certificate attesting to his status. In addition to the certificate, an individual rehabilitation program is needed.
If the working disabled person has not taken an additional leave of 60 days, they are not transferred to the next calendar year, nor are they summed up, since they are not related to the main one. The calculation of unpaid extra days off begins with the new year.
When hiring, a person has the right not to inform the employer of disability. However, in this case, he cannot use his right to additional paid leave to persons with disabilities.