Long-term vacation for teaching staff up to 1 year. Position. on the procedure and conditions for granting long-term leaves to teaching staff of an educational institution. Guarantees for teaching staff when on long-term leave

This article will focus on teachers' vacations. There is such a profession - difficult and exhausting, even if it is not related to work in mines and mines, but in terms of the return of strength it can easily be compared with it. At the same time, it is both joy and celebration, although it does not have immediate results, since children do not grow quickly. This activity is different from others in every way, and therefore the vacation of teachers is different from other professions. They rest most often in the summer, when the children are on vacation.

Teaching staff

Teachers' vacations are formed for well-known reasons: they rest precisely when they do not need to teach children. However, even during the school year, the teacher has the right to take days off as summer vacation. And teachers’ vacation can even last a whole year if it is, for example, creative. Such cases will be discussed here, as well as how many days the usual rest lasts.

A teacher is a teaching staff, which means that their leave is regulated by the same articles of the Labor Code and the same Government Decrees. Chapter 52 of the Labor Code contains all the information about what constitutes the work of teachers, and there, in Art. 334 of the Labor Code of the Russian Federation, talks about their vacation. In particular, it says that for each teacher it is annual and paid. But the duration of vacation for teaching staff varies.

Types of vacation

Teachers working under the Labor Code fulfill all the duties that are provided for them, and therefore teachers are granted all the rights to the extent that are set out in this law, including the right to leave. This is, first of all, maternity leave, then child care, as well as leave at your own expense and many more similar varieties. And every year you are entitled to an extended and paid annual leave. Why extended? Because for ordinary professions it usually lasts twenty-eight days according to the calendar, but how many days do teachers have a vacation? They rest from forty-two to fifty-six calendar days.

The difference in the length of leave for teaching staff depends on the type of activity. According to the list determined by the government, a school teacher rests for 56 calendar days, and a preschool teacher only 42. This is a basic vacation, although it is extended, but in many cases a teacher can count on an even longer duration. For example, how many days of vacation do teachers have depending on the 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 leave is decided by the administration. There is an opinion that only in the summer, but this is not so. The teacher has the right to take it whenever he wants, everything is determined by the schedule drawn up by the administration. Everyone would prefer to relax in the summer, but this is the children's vacation, and teachers have a lot of different things to do in addition to lessons. Not all students go on vacation in June - schools are holding exams, new students are being recruited, and all premises must be ready for schoolchildren to leave on the first of September.

All schools offer numerous children's programs during the summer with the same teachers. Therefore, by mid-August all teachers must be at school, and they do not receive notice of vacation until the first of June. Most teachers divide their vacation into parts and rest during other vacations - winter, spring, autumn. It is fortunate that even in our difficult times, a notice of vacation for teachers has not yet appeared, in any way reducing the number of days of rest. In total, the same periods remain - 56 and 42 days according to the calendar.

New laws

Extended leave is only available to those who are directly involved in raising and educating children. Previously, not all categories of teaching staff received it, but now absolutely all teachers who have formalized their activities according to the nomenclature of positions for managers and employees have the right to extended leave educational organizations.

More than fifty-six days of vacation are paid to teaching staff in institutions for orphans and children with limited health, as well as to teachers of art schools. The rest of the staff - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. This law also does not apply to non-teaching staff of educational institutions. Cooks and security guards can only add extra days to the required thirty days of paid vacation at their own expense, so as not to get bored in an empty school.

Notes to the law

The established duration of leave, basic, extended, paid and entitled only to teaching and management employees of educational institutions, does not depend on departmental subordination and the legal organizational form of the institution. However, in order to determine the number of days that teachers' next vacation contains, one must constantly be guided by the notes and appendices to the new law.

For example, the notes indicate that 56 days are allowed for vacation for teachers of art schools, which include music, art and others related to this. This is indicated in paragraph 2 of the notes to the law. Another example: the duration of leave for a teacher working in an institution that is not educational, according to Resolution No. 1052 of 1994, is 42 calendar days. This is how many other employees of organizations, enterprises and institutions rest.

New rules

The procedure for calculating the duration of vacation for those teachers who were hired in the middle of the school year has changed. Previously, this was done based on the amount of time worked in the academic year, that is, proportionally. Not so anymore. After six months of continuous work, the teacher is entitled to full annual leave with full pay.

Thus, if a teacher began working in an educational institution, for example, in November, then in June he should already receive exactly the same leave as all other teachers, since Article 139 of the Labor Code contains absolutely no restrictions on the duration of teachers’ leave, even if annual leave begins before the expiration of six months from the date the teacher begins working in this institution. On the contrary, it states that every teacher has the right to extended annual paid leave.

Irregular working hours

Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions whose working hours are not standardized. The duration of such leave is determined either by a collective agreement or by the internal labor regulations of a given organization, but it cannot be less than three days. If it is not possible to provide additional leave, the teacher can “take it with money,” that is, overtime is compensated in the same way as 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 financed by constituent entities of the Russian Federation, teachers’ leave is established by the authorities of the given subject. If an organization or institution is financed by the local budget, then all issues are resolved by local government.

Deadlines

How many days in advance does the sample exist for each type of vacation separately, and the writing period is not discussed. However, in each organization there are certain standards, where local acts establish rules regarding the exact number of days after which such an application must be submitted to the appropriate authorities.

Much here depends on the work of the accounting department. She accrues vacation pay in advance, no less than three days before the vacation, excluding extreme cases. This means that the employer must receive the application at least four days in advance. You also need to take into account the scale of the organization; among educational institutions there are also very large ones. Therefore, it is better to take care of your own vacation much earlier.

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The positions of employees who have irregular working hours and who have the right to additional paid leave are established by the internal labor rules or other regulations of the organization. This list includes both managers and technical staff, as well as other persons whose work cannot be accurately accounted for. Using the same principle, additional leave is calculated for those who work on a flexible schedule.

The minimum duration of additional leave, as already mentioned, for employees with irregular working hours is not less than three calendar days, but the new rules do not provide for restrictions on the maximum duration. The limit exists only on the minimum period.

Application for leave

For example, it's time to write a teacher's leave application. The sample looks something like this. In the upper right corner, fill in the position of the manager and the surname and initials of the manager to whom the application is addressed. Next, you need to write who it came from - last name and initials, position. In the center of the sheet below is written the word “Application”, retreating slightly - the main text, which indicates a request for the next paid leave from such and such a date to such and such a date, lasting so many calendar days. Below is the personal signature and date of application.

If the leave 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 top and bottom 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 meet halfway, since he is obliged to provide only regular leave. It is better if there is a preliminary agreement. Sometimes, for some reason, a teacher needs to be absent from work for only one day; in this case, it is appropriate to write an application for leave without pay.

Vacation pay

The average salary during vacation for a school employee is retained, as determined by Article 139 of the Labor Code and the Regulation on the procedure for calculating average wages No. 123 of 2003. The procedure is that the actual accrued wages for the last three months (from the first to the first day) are summed up, based on which the average figure is derived.

Here you need to take into account absolutely all types of payments that are in the list (clause 2 of the same Regulations). These are additional payments for checking notebooks, for managing offices, workshops or laboratories, for working on methodological and cycle commissions, as well as all other payments that are provided for in the employee remuneration system educational institution. Non-working and holidays which coincide with the teacher’s vacation are not paid and total quantity days are not included.

Combination of positions

Teachers often work in different areas and combine positions where there are different lengths of leave. For example, a physics teacher and educator preschool group in the same secondary school. The labor leave for teachers is 56 days, and for educators - 42. Vacation pay should be calculated accordingly. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.

The first is based on the amount actually accrued for the entire billing period - for each position separately. The second method is more difficult. The total duration of rest accounts for the total amount of actual accrued wages, plus the part of the vacation exceeding the total duration is calculated separately, based on the earnings of the position where the duration of vacation is longer.

Long-term leave for teaching staff up to 1 year and the procedure for its provision in practice.

Long-term leave of teaching staff for a period of up to one year is provided for by the federal law “On Education in Russian Federation" What is the procedure for granting long-term leave to teaching staff?

Teaching staff have the right not only to extended annual paid leave. Once every ten years of continuous work, teaching staff have the right to a long vacation, lasting up to one year.

How long-term vacations for teaching staff are regulated?

Article 335 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation);
clause 4, part 5, art. 47 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation” (hereinafter referred to as Law No. 273-FZ);
by order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644 “On approval of the Procedure for granting teaching staff of organizations engaged in educational activities long-term leave for a period of up to one year” (hereinafter referred to as the Procedure).

The right to long leave arises for teaching staff no less frequently than every ten years of continuous teaching work (clause 2 of the Procedure).

The duration of continuous teaching work experience is determined by the employee’s work book or on the basis of other documents confirming work experience.

Continuous teaching experience includes (clause 4 of the Procedure)

the time of actual work in positions of teaching staff under an employment contract, while the permissible break in the length of service cannot exceed three months;
the time when the teaching staff retained their place of work (parental leave, temporary disability, and so on);
time of forced absence (illegal dismissal, illegal transfer to another job);
time for filling positions of teaching staff under an employment contract during the period of practical training, provided that the period between graduation from the educational organization and employment did not exceed one month.

Long-term leave for teaching staff is granted on the basis of (clause 6 of the Procedure)

personal statement of the teaching staff;
administrative act of an educational organization.

Guarantees for teaching staff during a period of long-term leave (clause 7 of the Procedure)

is retained by the teaching staff workplace(job title);
the teaching staff retains the volume of teaching load, provided that there is no reduction in the number of teaching hours;
transfer of a teaching worker to another job is not allowed;
The dismissal of a teaching employee at the initiative of the employer is not allowed, except in the event of liquidation of the organization.

To sum it up. Providing long-term leave to teaching staff is regulated by several regulatory legal acts. There is a procedure for granting long-term leave to teaching staff, but many issues have not been resolved at the federal level. Educational organizations must independently determine a number of important points, and this is fraught with the emergence of conflict situations.

In accordance with clause 5 of the Procedure, the collective agreement of an educational organization must resolve, for example, the following issues:

duration of long vacation;
the order of granting long leave;
dividing a long vacation into parts;
transfer of leave in case of temporary disability;
granting leave to persons working part-time;
payment for vacation from funds received from income-generating activities.

Hello!

Article 335. Long leave of teaching staff

Pedagogical workers of an organization carrying out educational activities, at least every 10 years of continuous teaching work, have the right to long leave for a period of up to one year, the procedure and conditions for the provision of which are determined in the manner established by the federal body executive branch, performing the functions of producing public policy and legal regulation in the field of education."

The procedure and conditions for granting such leave are determined in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.

10. A teaching worker on long-term leave is retained his place of work (position) in accordance with the established procedure.

For a teaching worker on long-term leave, the teaching load is retained in accordance with the established procedure, provided that during this time the number of hours in the curriculum and programs or the number of study groups(classes).

11. During a long vacation, it is not allowed to transfer a teaching employee to another job, as well as to dismiss him on the initiative of the administration, with the exception of the complete liquidation of the educational institution.

12. For a teaching worker who falls ill while on long-term leave, the long-term leave is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, in agreement with the administration of the educational institution, is postponed to another period.

Long leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time.

Is the period of long-term pedagogical leave granted in accordance with Art. 335 of the Labor Code of the Russian Federation, when calculating length of service giving the right to annual paid leave, or can be considered long-term pedagogical leave for a period of up to one year under Art. 335 of the Labor Code of the Russian Federation, leave without pay?

Having considered the issue, we came to the following conclusion:

Long-term leave is included in the length of service, which gives the right to annual basic paid leave.

Rationale for the conclusion:

In accordance with Art. 335 Labor Code of the Russian Federation, clause 4, part 5, art. 47 Federal Law dated December 29, 2012 N 273-FZ “On Education in the Russian Federation”, teaching staff, at least every 10 years of continuous teaching work, have the right to long leave for a period of up to one year, the procedure and conditions for the provision of which are determined in the manner established by the federal executive body authorities carrying out the functions of developing state policy and legal regulation in the field of education.

According to clause 1 of the Regulations on the Ministry of Education and Science of the Russian Federation, approved by Decree of the Government of the Russian Federation dated 06/03/2013 N 466, such a body is currently the Ministry of Education and Science of Russia.

Order of the Ministry of Education of the Russian Federation dated December 7, 2000 N 3570 approved the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year (hereinafter referred to as the Regulations), which, however, applies only to institutions whose founder is the Ministry of Education of Russia or in relation to of which the Ministry of Education of Russia exercises the powers of the founder (clause 1 of the Regulations).

Please note that the previous version of Art. 335 of the Labor Code of the Russian Federation, as well as paragraph four of clause 5 of Art. 55 of the Law of the Russian Federation of July 10, 1992 N 3266-I “On Education” provided that the procedure and conditions for granting long leave to teachers are determined by the founder and (or) the charter of the educational institution, however, from September 1, 2013, these norms ceased to apply.

Since today there is no normative act that would, in accordance with Art. 335 of the Labor Code of the Russian Federation determined the procedure for granting long leaves to teaching staff of all educational organizations, we believe that in any case it is necessary to be guided by the Regulations.

The rules for calculating length of service giving the right to annual paid leave are contained in Art. 121 Labor Code of the Russian Federation. So, according to part one of Art. 121 of the Labor Code of the Russian Federation, the vacation period includes any periods of time when the employee did not work, but in accordance with labor legislation, a collective agreement, agreements, local regulations, and an employment contract, he retained his place of work (position).

At the same time, vacation time without pay that exceeds 14 calendar days during the working year is not included in the vacation experience (part one of Article 121 of the Labor Code of the Russian Federation).

Within the meaning of clause 8 of the Regulations, long-term leave is paid only from extra-budgetary funds and only if this is provided for by the charter of the educational institution.

Nevertheless, long-term vacations for teaching staff, in our opinion, cannot be classified as vacations without pay, which are discussed in Art. 121 of the Labor Code of the Russian Federation even if it is not actually paid.

From Art. 335 of the Labor Code of the Russian Federation it follows that the legislator distinguishes long-term vacations into a separate category, different from vacations without pay. This conclusion is also supported by the fact that the procedure for granting this type of leave has significant differences from that established by Art. 128 of the Labor Code of the Russian Federation, regarding restrictions on the maximum duration of leave, the need to extend such leave in certain cases, and even the possibility of paying for it. At the same time, clause 10 of the Regulations directly establishes that during a period of long leave, a teaching employee retains his place of work.

In materials judicial practice You can also find confirmation that the specified long leave is not a leave without pay (determination of the Kemerovo Regional Court dated April 24, 2012 N 33-3980). Thus, in our opinion, the employer has no reason to exclude the period of this vacation from the employee’s vacation record. A similar conclusion is contained in the ruling of the Magadan Regional Court dated 02/08/2011 No. 2-3914/2010.

Consequently, long leave is included in the length of service, which gives the right to annual basic paid leave.

Prepared answer:

Expert of the Legal Consulting Service GARANT

Troshina Tatyana

Response quality control:

Reviewer of the Legal Consulting Service GARANT

Kikinskaya Anna

This leave is not included in the length of service that gives the right to early assignment of teachers' labor pension, since the institution does not pay for the employee for this period. insurance premiums to the pension fund.

Irina Shlyachkova

Hello!

1. The regulations provide for a number of guarantees that are provided to a teaching employee on long-term leave. His place of work (position) is retained in accordance with the established procedure, and his teaching load is also retained (i.e., upon returning from a long vacation, the volume of the teaching load remains the same), provided that during this time the number of hours in the curriculum and programs has not decreased or number of study groups (classes).

During a long vacation, it is not allowed to transfer a teaching employee to another job, as well as to dismiss him at the initiative of the employer, with the exception of the complete liquidation of the educational institution.

For a teaching employee who falls ill while on long-term leave, this leave is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, by agreement with the employer, is postponed to another period. Long-term leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time.

2. In ped. vacation experience will not be included. In accordance with clause 8 of the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year, the possibility of paying for long-term leave at the expense of extra-budgetary funds and other issues not provided for by these Regulations are determined by the charter of the educational institution. That is, in accordance with the internal local acts of the organization, payment for the specified long leave may be provided, but as a rule, long leave for a period of up to one year is unpaid leave, that is, without pay.

The employer provides individual information about the employee’s length of service and earnings in Pension fund. During the period when the teacher is on long-term leave, the length of service code will not be entered in individual information. This means that a long vacation of up to 1 year, without pay, will not be included in the length of service for early retirement.

Summary:

Pedagogical activity is one of the most responsible, since educators are engaged in educating future engineers, doctors and politicians. Therefore, in Russian labor legislation, some conditions for them have some advantages that representatives of other professions do not have. One of these preferences is a long vacation lasting one calendar year.

Legislative framework

Labor Code, in particular Art. 335, establishes the right of employees who are employed in organizations conducting educational activities to a long vacation, subject to continuous work as a teacher for 10 years.

The nomenclature of positions for teaching staff, approved by Decree of the Government of Russia dated August 8, 2013 No. 678, determines specific positions eligible for long leave.

Order of the Ministry of Education and Science of the Russian Federation dated May 31, 2016 No. 644 approved the “Procedure for granting long leave to teaching staff.”

Conditions for granting long leave

1. The condition for granting an employee of the educational sector a long leave for a period of one year is that he has continuous teaching experience for 10 years.

2. The position of a teaching worker must be present in the first section of the nomenclature of positions.

Which positions can count on extended leave?

Only employees of educational organizations whose positions are listed by name in the nomenclature of positions approved by the Government of the Russian Federation have the right to a one-year vacation:

Positions of teaching staff classified as teaching staff

Assistant

Head of the department

Professor

Dean of the Faculty

Head of the Institute

Head of the Department

Teacher

Head of Faculty

Director of the Institute

Deputy Head of the Department

Senior Lecturer

Positions of other teaching staff

Educator

Methodist

Teacher-organizer of the basics of life safety

Senior teacher additional education

Instructor-methodologist

Musical director

Head of Physical Education

Senior trainer-teacher

Labor instructor

Additional education teacher

Social teacher

Trainer-teacher

Physical education instructor

Teacher-librarian

Senior counselor

Accompanist

Teacher-organizer

Senior teacher

Educational psychologist

Senior instructor-methodologist

Teacher-defectologist

Master of Industrial Training

Teacher

Senior methodologist

Speech therapist teacher

What periods can be included in continuous service?

To be granted long leave, work experience in one of the above positions must be confirmed for at least 10 years.

This length of service includes the following periods:

1. Actual time worked. In case of dismissal and subsequent placement in a teaching position, the period between dismissal and official employment should not exceed 3 months.

2. Parental leave until the child reaches the age of 3 years.

3. The time when the teacher did not actually work, but he retained his place of work and position (including the time of forced absence due to illegal dismissal).

4. Industrial practice is included if the period between its completion and the day of entry into teaching work does not exceed 1 month.

Frequently asked questions

Question: Is this period paid?

Answer: The issue of payment while a teacher is on long-term leave is not established by any regulatory act in the Russian Federation. Therefore, one should be guided by the collective agreement and internal regulations of the organization.

Question: Will the period of long vacation be included in the length of service?

Answer: The employer provides individual information about the employee’s length of service and earnings to the Pension Fund of the Russian Federation. During the period when a teacher is on long-term leave, the length of service code will not be entered in individual information. This means that a long leave of up to 1 year, without pay, will not be included in the length of service for the purpose of a pension for long service.

Question: Can I be fired during such a vacation?

Answer: During a long vacation, it is not allowed to transfer a teaching employee to another job, as well as to dismiss him at the initiative of the employer, with the exception of the liquidation of the organization.

The order of the Ministry of Education and Science establishes that the duration of long leave, the order of its provision, dividing it into parts, extension on the basis of a certificate of incapacity for work while on long leave, joining long leave to the annual main paid leave, providing long leave to part-time workers, payment from funds received by the organization from income-generating activities, and other issues are determined by the collective agreement.

Pedagogical activity is distinguished by increased difficulty and responsibility. In order to maintain the normal physical and psychological condition of teachers, Russian legislation provides for the possibility of creating for this category of workers optimal conditions rest and work. One way to increase the attractiveness of this profession is to provide extended vacations.

Law on vacations for teachers

The legal basis for regulating the duration of teachers' leave, the regime of its organization and payment are the norms of the Labor Code of the Russian Federation. Thus, Article 333 of the said code defines the organizational aspects of teachers’ working time, Article 334 reveals the features of the provision of extended annual leaves, Article 335 regulates the provision of long leaves.

The following regulations provide details of individual issues related to teaching leaves:

Federal Law “On Education in the Russian Federation” dated December 29, 2012 No. 273-FZ;
Decree of the Government of the Russian Federation dated May 14, 2015 No. 466;
Order of the Ministry of Education and Science of the Russian Federation dated December 22, 2014 No. 1601;
Decree of the Government of the Russian Federation dated August 8, 2013 No. 678.

All types of leave for pedagogical workers

In accordance with current legislation, teaching staff can use several types of leave. Let's look at each of them in more detail.

According to Article 334 of the Labor Code of the Russian Federation, Article 47 of the Law of December 29, 2012 No. 273-FZ, the most important labor right of teachers is the right to regular annual paid leave. Their duration is determined by the Russian Government.

To be able to use the next leave, a number of conditions must be met, including full completion of the academic load and registration on the staff of the institution as a main employee. The teaching load for different categories of teachers is:

for teachers and speech therapists - 20 hours/week;
for school teachers - 36 hours/week;
for university employees - 150 hours/month.

Maternity leave

The duration of maternity leave for teachers is determined as follows:

for uncomplicated singleton pregnancy - 140 days;
in case of multiple uncomplicated pregnancy - 194 days;
during pregnancy of a woman living in the zone of radiation contamination of the Mayak enterprise or the Chernobyl nuclear power plant - 160 days;
in case of complications (including those requiring surgery), 16 days are added to maternity leave.

Extended

According to Article 335 of the Labor Code of the Russian Federation, paragraph 4, part 5, article 47 of the Law of December 29, 2012 No. 273-FZ, in the presence of compelling circumstances (for example, the need to write a dissertation), teachers may be granted leave, the duration of which reaches 1 year. This type of leave may be granted every 10 years of continuous teaching activity.

Specialists whose positions correspond to the list given in Section I of the nomenclature of positions for teachers participating in educational activities(Resolution of the Government of Russia No. 678 of 08.08.2013).

Obtaining a long leave requires the teacher to submit a written application addressed to the head of the institution. In this case, management is responsible for checking whether the specialist has the required 10 years of experience during which such leave was not used, as well as assessing the possibility of providing it at the time indicated by the employee. If there are no obstacles to granting long leave, then an order is issued to grant it. The required 10 years of experience can be obtained as part of teaching activities in any educational institutions with state accreditation.

To apply for a long leave, a teacher’s activities must meet a number of criteria, namely:

ensuring the planned teaching load (for example, for teachers — 36 hours/week, for speech therapists — 20 hours/week);
registration of a specialist as a main employee;
written warning to the supervisor about the planned leave in order to adjust the curriculum.

Russian legal norms the need to clarify in the collective agreement various issues regarding the organization of long-term vacations is regulated, including:

determining duration;
additional extension;
formation of schedules;
division into several parts;
joining other types of vacations;
registration opportunities for part-time workers;
payment.

If an educational institution approves schedules for such vacations, their transfer requires agreement with both the employer and the teacher.

During long-term vacations, teaching staff must retain:

training loads;
positions (dismissals and transfers of specialists to other jobs are not allowed).

It must be taken into account that the fact that an employee is granted such leave does not affect the duration of the main leave. Educational organizations do not have an obligation to pay for time spent on long-term vacations, however, collective agreements may provide for such a possibility (exclusively from funds independently earned by the institution).

Due to special circumstances arising within the framework of educational process, the teacher may be recalled from vacation. By virtue of Article 125 of the Labor Code of the Russian Federation, recall is possible with the consent of the recalled employee. Unused vacation time, by agreement of the parties, can be provided to the teacher later.

Additional

Teachers who have an irregular day have the right to additional leaves. The list of such specialists is established in collective agreements or local regulations, taking into account the teaching load, complexity of the activity, etc. Payment for additional vacation in this case carried out from the payroll of the organization. In addition, teachers from the Far North zone have the right to additional leaves due to carrying out activities in unfavorable conditions. Their duration, by virtue of Article 321 of the Labor Code of the Russian Federation, reaches the following number of calendar days:

24 - for the Far North;
16 - for zones equated to the Far North.

The legislation also provides for the right to additional, paid leave for employees of educational organizations with departments that have an unfavorable impact on health.

Taking into account existing economic and legal opportunities, organizations can send teachers on additional vacations at the expense of own funds. In this case, the specifics of their provision are regulated by collective agreements.

Types of teachers and differences in vacations

The minimum duration of annual main vacations established for teachers is determined by Decree of the Russian Government of May 14, 2015 No. 466. This document regulates the duration of vacations and their dependence on the type of educational institution, namely:

for teaching staff of preschool educational organizations (including managers) - 42 days;
for teachers of preschool institutions (including directors) working with children who have disabilities or require long-term treatment - 56 days;
for teachers and heads of additional education organizations - 42 days;
for teachers and heads of additional education institutions with a specialization in the field of arts - 56 days;
for additional education teachers working with people with disabilities - 56 days;
for teachers of a number of institutions (general education, vocational education, higher education, as well as additional vocational education) - 56 days;
for teachers and music directors working in groups for preschoolers with disabilities - 56 days;
for music directors and teachers - 42 days;
for teachers working in organizations providing treatment, providing psychological, social and medical assistance, as well as for orphans and children without parental care - 56 days;
for teachers of institutions that have the right to implement projects to identify individuals with outstanding abilities - 42 days.

Calculation and payment of vacation days

To calculate vacation amounts intended for payment to teachers, the average daily earnings for the previous 12 months must be determined, which is multiplied by the number of vacation days. The following accruals should be taken into account in average earnings:

on salaries;
for hours of teaching activity (in addition to the established teaching load);
for great leadership;
as a regional coefficient;
as established bonuses (for professionalism, academic title, length of service, combination, knowledge foreign languages etc.);
as a bonus;
for checking written work;
for managing the classroom.

Additional payments

As a rule, remuneration for success in teaching activities is considered as additional incentive payments intended for teachers. The list of such achievements is stipulated by law, labor contracts and collective agreements.

In accordance with the order of the Ministry of Health and Social Development of Russia No. 818 dated December 29, 2007, a list of incentive bonuses is established that are used in budgetary institutions. It includes payments:

for the quality of work;
for intensity;
for length of service;
for high results;
for the results of the work.

In accordance with the requirements of the Ministry of Health and Social Development of the Russian Federation, the volume of financial resources allocated for material incentives for teachers must be at least 30% of the organization’s payroll.

Payments of an incentive nature are established for teachers on the basis of criteria that allow assessing quality, intensity, indicators of service, effectiveness and overall results. labor activity. These criteria are developed in collective agreements and local acts based on the recommendations of federal authorities.

Certain aspects of the incentive system should be specified in the labor contracts of teaching staff. In the event of the introduction of remuneration systems or bonus provisions for employees of educational institutions, information on the amount and criteria for applying incentive payments should be updated in individual employment contracts teachers.