Additional leave for a medical psychologist. Does a medical psychologist have the right to shortened working hours? Reinstatement of additional leave in psychiatry by court

12.12.202327.05.2017

And in jobs hazardous to health, periods of additional leave were retained. The amounts of such paid vacation periods are established by government decree number 482, issued in July 2013.

These changes are relevant for all organizations in the healthcare sector without exception., and they concern those included in a special list of professions characterized by special working conditions for workers.

According to Article 116 of the Labor Code, additional vacation periods are provided only to some specialists and their total list is quite small. So, :

workers forced by the nature of their service to be in harmful conditions;
people employed in special, specific jobs;
persons forced to engage in irregular work activities;
workers of regions characterized by harsh local climate conditions;
employees who are granted such leaves by decision of the management of a particular enterprise.

As can be seen from the list, some preferential categories are established according to territorial characteristics or work regime.

In the case of medical workers, the preferential accrual of additional vacation days is caused by the nature of the work or the content of the work directly related to professional activities.

For such employees, the amount of well-deserved annual leave is regulated on the basis of Article 118 of the Labor Code. However, this law does not provide an exact list of specialists. But at the same time, he indicates the minimum values for the additional vacation period. They last three days and are relevant for nurses and family doctors (therapists) with at least three years of experience.

As for persons involved in specific jobs characterized by harmfulness of the second, third and fourth categories (according to Article 117 of the Labor Code), they are awarded at least seven days of additional leave.

And for some employees, additional leave is established in accordance with regulations in force in a particular industry. For example, this applies to the field of psychiatry and the provision of medical care in this area (according to the Federal Law under number 3185-1). Moreover, according to government decree number 482, the length of the vacation period is directly related to the position held. For example, for doctors the additional period is thirty-five days, and for nurses twenty-eight.

It is characteristic that employees of the veterinary industry engaged in the fight against tuberculosis infection also have a special status (according to Federal Law No. 77).

Also, similar benefits apply to employees of enterprises who, due to their work activities, are related to the processing or storage of livestock products, including those infected with tuberculosis bacillus. For them, the vacation period is increased by two to three weeks (14-21 days).

Federal Law No. 38, adopted in March 1995, includes specialists involved in handling HIV virus samples (diagnosticians, attending physicians and laboratory staff) in a separate category. They are additionally given two weeks of vacation.

It should be noted that if a special trade union inspection has not been carried out at a particular medical enterprise to assess the working conditions of the working staff, the provision of increased leave is still one of the main responsibilities of management.

As you know, additional vacation days are established according to the list specified in government decree number 482, and in agreement with the trade union organization, if there is one at the enterprise. And if an assessment of working conditions was not carried out, the management faces administrative penalties in accordance with the current articles of the Code of Administrative Offenses.

Who can't count on extra vacation days?

Employees who do not have a minimum length of service of three years cannot count on additional vacation days.

However, this rule does not apply to workers who are forced to put their lives in danger every day:

related to the HIV virus;
working with people who have been diagnosed with tuberculosis;
working with animals and animal products contaminated with tuberculosis bacillus;
employees of psychiatric institutions related to direct care for patients (managers, doctors, nurses, orderlies).

The duration of the additional vacation period is directly related to the position held. The minimum values are established for general practitioners or so-called family doctors - this is an additional 3 days of vacation. The maximum number of days is provided to psychiatrists and psychologists - for them 35 days are added to the vacation period.

How is it processed?

At each enterprise, the manager approves a specific one for all working personnel. Such a document is drawn up taking into account the interests of the enterprise and all the features of work activity. The document is prepared by the personnel department, after which it is presented to the manager for signing.

All employees must familiarize themselves with the signed and approved schedule, since vacation periods are established by agreement and agreement between the employee and the employer. If an employee is not satisfied with the schedule established for him, he can draw up a separate application with a request to postpone the planned vacation, for example, to another time of the year.

Vacations are provided according to the established schedule from the second year of an employee’s employment at a particular enterprise.

Registration of additional vacation days is not much different from registration of the main vacation period. To receive additional rest, you must submit a corresponding application to the employer, which will be the basis for issuing an order. In practice, medical workers taking annual leave tend to combine their main rest time with additional time. In this case, the application contains a request to provide additional days in addition to the main leave.

If an employee wishes to arrange a vacation period according to the schedule, the algorithm of actions for him is as follows:

Before the schedule is formed at the beginning of the current year, it is necessary to draw up an application and submit it to management so that the employer can correctly plan vacation periods for all personnel, taking into account the personal wishes of the employees.
The personnel department draws up a vacation schedule using form T-7, which, after its approval by management, is introduced to all employees.
The employee is notified in writing by the manager two weeks in advance of the approaching annual leave.
Within two weeks after sending the notification, a corresponding order is issued, drawn up in form T-6. Column A of this document indicates the name of the vacation period and its duration in digital values. If the employee asked in the application to provide additional days at the same time, they are indicated in column B.
After which, based on the order, it is drawn up in a special form and accrued. At the same time, the mark “OD” is placed next to the employee’s last name on the timesheet.
Information about the additional days provided is entered into the employee’s personal card (section 8) and his personal account (T-54), if any.

1. I am a psychiatrist, but I am sent to the military registration and enlistment office, am I entitled to additional leave?

1.1. Good day! Is additional leave determined by your employment contract or do you think that your working conditions have become harmful and dangerous? If not, then it's not allowed. Good luck to you!

2. Tell me how many days of primary and additional leave do psychiatrists have?

2.1. Hello! Regular paid leave is 28 calendar days, additional paid leave is 35 calendar days. The number of vacation days must be specified in your employment contract.

3. Do psychiatrists have the right to additional leave?

3.1. Psychiatrists, according to Art. 22 of the Law of the Russian Federation No. 3185 of 07/02/1992, have the right to reduced working hours, additional leave for work in especially hazardous and difficult working conditions in accordance with the legislation of the Russian Federation.

4. How many days of additional leave for harmful working conditions are entitled to a psychiatrist-narcologist and a paramedic-narcologist?

4.1. Article 22. Guarantees and benefits for psychiatrists, other specialists, medical and other personnel involved in the provision of mental health care. Psychiatrists, other specialists, medical and other personnel involved in the provision of psychiatric care have the right to benefits established by the legislation of the Russian Federation for persons engaged in activities in special working conditions, and are also subject to compulsory state insurance in case of harm to their health or death in the line of duty. In the event of injury to health resulting in temporary loss of ability to work of a person involved in the provision of psychiatric care, he is paid an insurance amount within the limits of his annual salary, depending on the severity of the damage caused. Upon the occurrence of disability, the insurance amount is paid in the amount of an annual to five-year salary, depending on the degree of disability of the person, and in the event of his death, the insurance amount is paid to his heirs in the amount of ten times the annual salary.
Commentary on Article 22
1. The list of guarantees and benefits for employees of psychiatric services has been significantly changed since the end of 2001 in connection with the release of two important legislative documents: the Labor Code of the Russian Federation of December 30, 2001, which was approved on December 30, 2001 under N 197 -FZ and came into force on February 1, 2002, as well as the Federal Law “On Labor Pensions in the Russian Federation” dated November 30, 2001 (December 17, 2001) N 173-FZ, which came into force on January 1, 2002 (SZ RF. 2001. N 52. Part 1. Art. 4920).
2. New labor legislation, the main goals of which are the establishment of state guarantees of labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights of workers and employers, in the context of the commented article of this Law regulates the working hours of employees of psychiatric services and its regime, the conditions for granting them vacations , remuneration and labor standards, issues of professional training, retraining and advanced training, labor protection, labor regulation of persons working part-time, etc.
3. For workers involved in providing mental health care, in accordance with Art. 92 of the Labor Code of the Russian Federation, as for other medical workers, provides for reduced working hours.
In accordance with the Resolution of the State Committee of the Council of Ministers of the USSR on labor and wages and the Presidium of the All-Union Central Council of Trade Unions of October 25, 1974 N 298/P-22 as amended. dated November 1, 1977 N 369/P-16, which approved the “List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day”, the working day was reduced to six hours the following categories of workers directly serving mentally ill patients in psychiatric (psychoneurological), neurosurgical, drug treatment and prevention institutions, departments, wards and offices (including in medical workshops and subsidiary rural farms), as well as in psychoneurological boarding schools or departments of boarding schools for mentally ill:
- doctors, including office managers;
- nutritionist, dietary nurse;
- labor instructor;
- industrial training instructor;
- instructor in cultural work, cultural organizer, accordion player;
- laboratory assistant (including laboratory doctor and laboratory manager);
- master of medical-industrial (labor) workshops and subsidiary farms for mentally ill people;
- junior medical and service personnel (junior nursing nurse, nurse, bartender, waiter, bathhouse attendant), as well as nannies and cleaners of industrial premises in institutions for children;
- researcher working directly and full-time with patients;
- hairdresser;
- sister-hostess, wardrobemaid;
- psychologist and physiologist who work directly and full-time with patients;
- nursing staff;
- cloakroom attendant working in the dressing room for the mentally ill.
In addition, a 6-hour working day is established:
- middle and junior staff of VTEK for mentally ill people;
- doctors, paramedics and junior medical personnel involved in providing emergency medical care and evacuating the mentally ill, as well as car drivers while simultaneously performing the duties of a nurse during the evacuation of the mentally ill.
4. In accordance with Art. 115 of the Labor Code of the Russian Federation, the main annual paid leave is granted for a duration of 28 calendar days, and on the basis of Art. 120 of the Labor Code, the duration of annual basic and additional paid leave is calculated in calendar days and is not limited to a maximum limit; At the same time, it is emphasized that non-working holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid. In accordance with Art. 126 of this Code, part of the vacation exceeding 28 calendar days, upon the written application of the employee, may be replaced by monetary compensation.
The duration of additional leave for other categories of employees of psychiatric institutions is determined by the documents given in the previous and in the following paragraphs of the commentary. In particular, the duration of additional leave (in working days) for these employees is:
- doctors, including office managers - 30;
- dietician, dietary nurse - 12;
- head of production practice - 12;
- labor instructor - 30;
- instructor in cultural work, cultural organizer, accordion player - 30;
- laboratory assistant (including laboratory doctor and laboratory manager) - 18;
- master of therapeutic labor workshops and subsidiary farms for mentally ill people - 30;
- archive nurse - 6;
- medical statistician - 6;
- junior medical and service personnel (junior nursing nurse, nurse, bartender, waiter, bathhouse attendant), as well as nannies and cleaners of industrial premises in institutions for children - 30;
- researcher working directly and full-time with patients - 30;
- musical director - 30;
- hairdresser - 18;
- sister-housewife, housekeeper - 12;
- nursing staff (except laboratory assistants) - 30;
- cloakroom attendant working in the dressing room for the mentally ill - 12.
In accordance with the Decree of the State Committee for Labor of the USSR of October 25, 1974 N 298/P-22 (Section XL of Appendix No. 1 given in paragraph 2 of the Resolution) it is indicated that employees of psychiatric institutions who received additional leave of 36 days until September 10 1971, this leave continues for the duration of their service in their position in this institution.
Based on the List of educational and other institutions, enterprises and organizations and positions, work in which gives the right to annual extended paid leave, approved by Decree of the Government of the Russian Federation of September 13, 1994 N 1052, as amended. (SZ RF. 1994. N 21. Art. 2327; 2001. N 13. Art. 1251), managers, teachers, speech therapists, defectologists, psychologists of educational institutions in which children with mental retardation, adolescents with deviant (socially dangerous) ) behavior, have a vacation of 56 calendar days.
Additional leave for work with harmful working conditions of 30 working days is established for psychologists, medical managers, their deputies who work directly with mentally ill people full time, psychiatric (psychoneurological), neurosurgical, drug treatment institutions, wards, departments and offices, homes for the disabled for mentally ill people on the basis of Resolution of the Ministry of Labor of Russia of July 8, 1993 N 133 “On additional leave for work with harmful working conditions for medical and other personnel involved in the provision of psychiatric care” (Bulletin of the Ministry of Labor of the Russian Federation. 1993. N 6). The same list includes the chief psychiatrists of health authorities directly involved in the provision of mental health care.
Research workers at psychiatric research institutions financed from the federal budget are subject to Decree of the Government of the Russian Federation of August 12, 1994 N 949 “On annual leave of research workers with an academic degree,” according to which doctors of medical sciences have an annual paid leave of 48 working days, and candidates of medical sciences - 36 working days.
For working old-age pensioners (by age), the employer is obliged, on the basis of a written application from the employee, to provide leave without pay for up to 14 calendar days a year (Article 128 of the Code).
5. Remuneration for workers engaged in work with harmful and (or) hazardous species and other special working conditions, in accordance with Art. 147 of the Code is established at an increased rate compared to the tariff rates (salaries) established for various types of work with normal types of labor, but not lower than the amounts established by laws and other regulations. The salaries (rates) of employees of psychiatric institutions working in hazardous and especially difficult working conditions are increased in accordance with Order of the Ministry of Health of the Russian Federation of October 15, 1999 N 377 “On approval of the Regulations on remuneration of workers”, Appendix 2, agreed with the chairman of the trade union of healthcare workers of the Russian Federation on May 11, 1999 and approved by the Ministry of Health of Russia on May 11, 1999:
1. Institutions, divisions and positions with health-hazardous and difficult working conditions, work in which gives the right to an increase in salaries (rates) by 15 percent:
1.5. Sanatoriums, departments (wards) of other institutions for children with damage to the central nervous system and dysfunction of the musculoskeletal system.
1.11. Departments (groups, wards) for patients with psychoneurological diseases.
1.18. Psychotherapy rooms of outpatient clinics (units).
1.22. Psychiatrist at a multidisciplinary hospital with 1000 or more beds.
2. Institutions and departments with especially hazardous and difficult working conditions, work in which entitles you to a salary increase of 25 percent:
2.1. Psychiatric (psychoneurological) and drug treatment institutions; employees (except medical personnel) of specialized psychiatric hospitals (hospitals) with intensive supervision.
2.2. Departments, wards, rooms for the treatment of mentally ill people and people suffering from chronic alcoholism and drug addiction; drug treatment departments, wards, offices; specialized emergency departments of medical institutions designed to provide medical care to those injured as a result of acute alcohol poisoning or acute alcoholic psychosis.
2.3. Specialized teams of emergency medical care stations (departments) designed to provide medical care and transport the mentally ill.
2.4. Medical and industrial (labor) workshops at psychiatric (psychoneurological) healthcare institutions listed in clause 2.1 of the Appendix.
2.8. Medical and preventive institutions, including sanatoriums, and their structural units, intended for children with damage to the central nervous system (with organic damage to the central nervous system) and mental disorders.
2.14. Laboratories of hypnology and psychoprophylaxis, clinics, research institutes, centers.
3. Institutions, divisions and positions with especially difficult working conditions, work in which gives the right to increase salaries (rates) by 30 percent:
3.2. Medical staff of specialized psychiatric hospitals (hospitals) with intensive supervision.
3.3. Forensic psychiatric expert departments (commissions).
3.4. Doctors, nursing staff of service areas of psychoneurological (narcological) institutions and units.
4. Institutions, divisions and positions with particularly dangerous working conditions, work in which entitles the right to an increase in salaries (rates) by 40 percent:
Outpatient forensic psychiatric expert commissions; forensic psychiatric expert departments for persons not in custody; departments for compulsory treatment of mentally ill patients in psychiatric hospitals.
In addition, list II (Institutions of education and social protection), paragraphs 1 and 2, provides a detailed list of institutions, structural divisions and the names of positions with hazardous to health and difficult working conditions, work in which gives the right to an increase in salaries ( rates) by 15 and 25 percent.
In accordance with the letter of the Ministry of Labor of Russia dated April 4, 1995 N 2510/880-95-19, it is established that remuneration for the work of psychologists employed in healthcare institutions should be made in the manner and amount established for medical specialists in the relevant healthcare institutions (Instruction of the Ministry Healthcare and Medical Industry of the Russian Federation dated June 28, 1995 N 2516/1652-95-20).
In accordance with the Regulations on the procedure for establishing additional payments for unfavorable working conditions for specialists and employees of educational institutions, enterprises and organizations of the Committee system, approved by the Committee on Higher School of the Ministry of Science of Russia on October 7, 1992 N 611, for work in hospitals, dispensaries, departments for mental treatment patients, including patients with chronic alcoholism, are provided with an additional payment of up to 24%.
Work in psychiatric (psychoneurological), drug treatment institutions, departments, wards, offices that are part of the structure of research institutions and intended for the treatment of mentally ill people and people suffering from chronic alcoholism, provides for an increase in official salaries by 25%. This provision is provided for in the List of research institutions and departments, direct work in which entitles workers to increased salaries (rates) due to hazardous and especially difficult working conditions, which was approved by Order of the Ministry of Health and Medical Industry of Russia dated June 6, 1994 N 113 ( Library RG. 1995. N 12, 19).
6. regulates the specifics of part-time work for medical workers, including mental health workers, which are determined by the relevant documents of the Government of the Russian Federation; At the same time, it is emphasized that the duration of working hours established by the employer for persons working part-time cannot exceed 4 hours per day and 16 working hours per week (Article 284).
7. When the number or staff of an organization is reduced, the priority right to remain at work is given to employees with higher labor productivity and qualifications (Article 179 of the Code).
8. Much attention in the Code (section X) is paid to the issues of labor protection, elimination of harmful and dangerous production factors, safety, organization of workplaces, which is extremely important for psychiatric and psychoneurological institutions.
9. Significant changes have also occurred in connection with the release of the Federal Law “On Labor Pensions in the Russian Federation,” which was discussed in paragraph 1 of this commentary. In accordance with Art. 5 of this Law establishes the following types of pensions: 1) old-age labor pension; 2) labor disability pension; 3) labor pension in case of loss of a breadwinner. An old-age labor pension and a labor disability pension may consist of the following parts: a basic part; insurance part; storage part.
In accordance with Art. 7 of the Law on Labor Pensions, men who have reached the age of 60 years and women who have reached the age of 55 have the right to a labor pension. An old-age labor pension is assigned if you have at least 5 years of insurance experience.
The insurance period is regulated by Ch. III of the Law on Labor Pensions. In accordance with Art. 10, the insurance period includes periods of work and (or) other activities that were performed on the territory of the Russian Federation by persons, provided that during these periods insurance contributions were paid to the Pension Fund of the Russian Federation. Based on Art. 11 of this Law, along with these periods of work, the following are counted in the insurance period:
1) the period of military service, as well as other service equivalent to it, provided for by the Law of the Russian Federation “On pension provision for persons undergoing military service, service in internal affairs bodies, institutions and bodies of the criminal correctional system, and their families”;
2) the period of receiving state social insurance benefits during the period of temporary disability;
3) the period of care of one of the parents for each child until he reaches the age of one and a half years, but not more than three years in total;
4) the period of receiving unemployment benefits, the period of participation in paid public works and the period of moving in the direction of the state employment service to another area for employment;
5) the period of detention of persons who were unjustifiably prosecuted, unjustifiably repressed and subsequently rehabilitated, and the period of serving their sentences in places of imprisonment and exile;
6) the period of care provided by an able-bodied person for a group I disabled person, a disabled child or a person who has reached 80 years of age.
The calculation of the insurance period required to acquire the right to a labor pension is carried out on a calendar basis.
In accordance with Art. 14 of the Law, the amounts of labor pensions are:
1) the amount of the basic part of the old-age labor pension is set at 450 rubles per month;
2) for persons who have reached the age of 80 or are disabled people with a third degree limitation in their ability to work, the amount of the basic part of the old-age labor pension is set at 900 rubles per month;
3) persons who are dependent on disabled family members specified in subparagraph. 1, 3 and 4 clauses 2 and clause 3 art. 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
- if there is one such family member - 600 rubles per month;
- if there are two such family members - 750 rubles per month;
- if there are three or more such family members - 900 rubles per month;
4) persons who have reached the age of 80 years or are disabled, have limited ability to work at the third degree, and are dependent on disabled family members specified in subparagraph. 1, 3 and 4 clauses 2 and clause 3 art. 9 of this Federal Law, the amount of the basic part of the old-age labor pension is established in the following amounts:
- if there is one such family member - 1050 rubles per month;
- if there are two such family members - 1200 rubles per month;
- if there are three or more such family members - 1350 rubles per month.
The size of the basic part of the insurance part of the old-age labor pension cannot be less than 660 rubles per month.
The amounts of the insurance part of the old-age labor pension and the old-age labor pension itself are determined using special formulas.
In accordance with Art. 27 of this Federal Law, the right to early assignment of a labor pension is available to men upon reaching the age of 55 years and women upon reaching the age of 50 years, if they have worked in jobs with difficult working conditions for at least 12 years, 6 months and 10 years, respectively, and have an insurance period of not less than less than 25 and 20 years. If these persons have worked in the listed jobs for at least half of the established period and have the required length of insurance service, they are assigned a labor pension with a decrease in age provided for in Art. 7 of this Federal Law, for one year for every 2 years and 6 months of such work for men and for every 2 years of such work for women (List No. 2 of industries, professions, positions and indicators with harmful and difficult working conditions, employment in which gives the right to old-age pension (old age) on preferential terms, approved by Resolution of the USSR Cabinet of Ministers of January 26, 1991 No. 10).
Since psychiatrists involved in the provision of psychiatric care work in difficult and dangerous working conditions that can lead to significant harm to their health, such persons should also be subject to the provisions of Cabinet of Ministers Resolution No. 10 o of January 26, 1991 the right to early assignment of a labor pension.
10. In cases where long-term direct care of mentally ill people causes the development of neuroses among medical staff of psychiatric institutions, including teachers and staff of special schools for mentally handicapped children, there are grounds for recognizing the disease as an occupational one, since it is included in the List of Occupational Diseases (Appendix 5, clause 4.8), approved by Order of the Ministry of Health and Medical Industry of March 14, 1996 N 90 “On the procedure for conducting preliminary and periodic medical examinations of workers and medical regulations for admission to the profession”, as well as by the Order of the Ministry of Health and Medical Industry and the State Committee for Sanitary and Epidemiological Surveillance of the Russian Federation dated October 5, 1995 N 280/88 “On approval of temporary lists of harmful, dangerous substances and production factors, as well as work during which preliminary and periodic medical examinations of workers are carried out.”
For staff of psychiatric hospitals, allergic diseases can also be recognized as occupational diseases (clause 6 of the List of Occupational Diseases): conjunctivitis, rhinitis, nasopharyngitis, rhinopharynolaryngitis, rhinosinusitis, bronchial asthma, asthmatic bronchitis, exogenous alveolitis, dermatitis, eczema, toxicoderma, Quincke's edema, urticaria, anaphylactic shock, toxic-allergic hepatitis, damage to the central and peripheral nervous system, etc., since the following medications used in psychiatric practice can lead to the occurrence of these diseases: antipsychotics, vitamins, bromine preparations, antibiotics, sulfa drugs, novocaine, hormonal drugs, etc.
In accordance with the Instructions for using the List of Occupational Diseases, these diseases should also include their immediate and long-term consequences. Occupational diseases can also include diseases that develop against the background of an occupational disease.
If an occupational disease specified in the List causes a worsening of the course of a non-occupational disease that led to loss of ability to work, then the cause of loss of ability to work should be considered professional.
The diagnosis of an acute occupational disease can be established by a doctor at any medical institution after mandatory consultation with an occupational pathology specialist and an occupational health doctor at the SES. Only specialized treatment and preventive institutions - occupational pathology centers - have the right to establish the diagnosis of a chronic occupational disease for the first time. Recognition of an occupational disease does not always mean a violation of actual ability to work. In the initial forms of occupational diseases, a conclusion on incapacity for work can be reduced only to a recommendation to stop working in certain production conditions and rational employment without reducing qualifications and earnings.
In cases where employment in new, safe production conditions for an employee is not possible without reducing his qualifications and earnings, he must be sent to the MSEC (VTEK) to recognize him as having limited ability to work and assign him III disability group for this occupational disease.
11. In the event of harm to health resulting in temporary loss of ability to work of a person involved in the provision of psychiatric care, the decision on the payment of insurance amounts specified in this article, before the release of a special legislative act on state personal insurance, is carried out in accordance with the Resolution of the Supreme Council of the RSFSR dated December 24, 1992 N 4214-1 “On approval of the Rules for compensation by employers of harm caused to employees by injury, occupational diseases or other damage to health associated with the performance of their work duties” (Medicine for You: Bulletin. 1996. N 16 (23) ).
12. Harmful and life-threatening working conditions for employees of psychiatric institutions, who are engaged full-time in serving mentally ill patients, are a source of significant and constant stress and can lead to stress-related diseases. A prerequisite for relieving such stress is the possibility of proper rest at home. Therefore, in order to secure qualified personnel in their jobs, provide them with optimal working, living and recreational conditions, regional and local self-government bodies can provide additional benefits to psychiatrists, other specialists, and medical personnel directly involved in the provision of psychiatric care to patients during the entire working period. days, for improving living conditions, for free sanatorium treatment or stay in boarding houses, rest homes, etc.

5. How many days of additional paid leave does a psychiatrist-narcologist and paramedic-narcologist have?

5.1. ☼ Hello, How many vacation days do you have, you will find out if you read your employment contract, it’s all written there

I wish you good luck and all the best!

6. A psychiatrist at a mental hospital was sent to the military registration and enlistment office, does he have the right to additional leave of 35 days in accordance with the law of the Government of the Russian Federation of June 6, 2013 N 482 “On the duration of annual additional paid leave for work with harmful and (or) dangerous conditions labor provided to certain categories of workers" (with amendments and additions.

6.1. I believe that during the period of work in the Military Military Commissariat at the military registration and enlistment office, the right to additional leave is not retained, because during this period, the responsibilities of a psychiatrist do not include providing psychiatric care (in fact, this is expert work outside a health care institution). However, the right to additional You have the right to defend your vacation in court.

7. In our medical institution, psychiatrists received a reduction in additional payments for harm to 4% and a reduction in additional days of vacation to 14 days. Is this legal?

7.1. Contact the labor inspectorate and they will conduct an inspection.
Yaroslavl, Svoboda street, 62 B
Phone+7 4852 48‑66-96, 8 800 707‑88-41
Website git76.rostrud.ru
Open Mon-Thu 8:00–17:00; Fri 8:00–16:00

7.2. If an agreement cannot be reached, the Employee can submit Applications (2 copies each) to the State Labor Inspectorate of the city, the Prosecutor's Office, but it is better to go directly to the District Court (not subject to state duty) with a Statement of Claim (3 copies), from the Prosecutor's Office and the State Inspectorate labor is usually of little use. The employee may refer to documents, witness testimony and Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.”
For information:
Russian Federation. Financial liability of the employer for delay in payment of wages and other payments due to the employee If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation ) in an amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault. Russian Federation. Compensation for moral damage caused to an employee Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in amounts determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation. Russian Federation. Consideration of individual labor disputes in the courts The courts consider individual labor disputes at the request of the employee, employer or trade union defending the interests of the employee, when they do not agree with the decision of the labor dispute commission or when the employee goes to court without going through the labor dispute commission, as well as at the request of the prosecutor, if the decision of the labor dispute commission does not comply with labor legislation and other acts containing labor law norms. Individual labor disputes are considered directly in the courts on the basis of applications from: an employee - for reinstatement at work, regardless of the grounds for termination of the employment contract, for changing the date and wording of the reason for dismissal, for transfer to another job, for payment for the period of forced absence, or for payment of the difference in wages during the performance of lower-paid work, about unlawful actions (inaction) of the employer when processing and protecting the employee’s personal data; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided by federal laws. Individual labor disputes are also heard directly in the courts: refusal to hire; persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations; persons who believe that they have been discriminated against. Russian Federation. Time limits for applying to court for resolution of an individual labor dispute An employee has the right to apply to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the day of delivery of a copy of the dismissal order to him or the day of issue of the work book. The employer has the right to go to court in disputes regarding compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. If, for good reason, the deadlines established by parts one and two of this article are missed, they may be restored by the court. Russian Federation. Exemption of employees from legal costs When filing a claim in court on claims arising from labor relations, including regarding non-fulfillment or improper fulfillment of the terms of an employment contract of a civil nature, employees are exempt from paying fees and legal costs.

Article 145.1 of the Criminal Code of the Russian Federation. Non-payment of wages, pensions, stipends, benefits and other payments 1. Partial non-payment of wages, pensions, stipends, benefits and other payments established by law for more than three months, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch , representative office or other separate structural unit of an organization - is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a period of up to one year, or forced labor for a term of up to two years, or imprisonment for a term of up to one year. 2. Complete non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months, or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - by an individual, the head of a branch, representative office or other separate structural unit of an organization - is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it. 3. Acts provided for in parts one or two of this article, if they entailed grave consequences, are punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of one to three years, or by imprisonment. for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years. Note. In this article, partial non-payment of wages, pensions, scholarships, benefits and other payments established by law means payment in the amount of less than half of the amount payable.

Article 10 of the Federal Law "On the Prosecutor's Office of the Russian Federation". Consideration and resolution of applications, complaints and other appeals in the prosecutor's office 1. The prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor. 2. Applications, complaints and other appeals received by the prosecutor's office are considered in the manner and within the time limits established by federal legislation. 3. The response to an application, complaint or other appeal must be motivated. If the application or complaint is refused, the applicant must be explained the procedure for appealing the decision, as well as the right to go to court, if provided by law. 4. The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses. 5. It is prohibited to forward a complaint to the body or official whose decisions or actions are being appealed.

8. I work as a psychiatrist, psychotherapist in a multidisciplinary medical center. My vacation is 36 days. Am I entitled to additional leave? Thank you.

8.1. I work as a psychiatrist and psychotherapist in a multidisciplinary medical center. My vacation is 36 days. Am I entitled to additional leave?
Unfortunately, you cannot claim additional leave.

9. A psychiatrist has an additional leave of 35 calendar days; can an employer, based on a special assessment of working conditions, reduce the additional 6 leave to 7 calendar days?

9.1. I have the following opinion, which may be wrong.
The withdrawal of additional leave from all (or almost all) medical workers, apparently, has the approval of the highest bodies of our state, which is an excellent way to save budget funds.
Someone decided that additional vacation is not beneficial for the budget. In this connection, special assessments of working conditions were carried out, which came to the same conclusions.
Based on their conclusions, your vacation will be reduced.
You were left with 7 days, and, for example, local doctors (generalists, pediatricians) were generally deprived of additional leave.
It is better for you to forget about this and continue to work according to the new rules, or fight the entire medical system that purposefully makes such decisions.

If you find it difficult to formulate a question, call the toll-free multi-line phone 8 800 505-91-11 , a lawyer will help you

A doctor, like any representative of another field of activity, has the right to leave. According to Chapter 19 of the Labor Code, every person can apply for rest, which should include not only vacation time, but also established time limits for working hours, as well as a reduction in work time before holidays, and, of course, the presence of days off every week and non-working holidays days.

How many days can doctors' vacation last? In this article we will look into this issue.

Types of vacations

The annual leave granted to each employee is divided into two types:

Basic.
Additional.

Main holiday

Basic leave is granted annually and is paid by the enterprise of which the employee is an employee. Its duration is 28 working days. However, if there are certain peculiarities, this leave can be extended to 31 calendar days in accordance with Article 267 of the Labor Code of the Russian Federation. This category may include, for example, employees who were under 18 years of age or the age of majority at the time the leave was granted. Many people are interested in how many days a doctor’s vacation lasts.

Additional vacation. General provisions

According to Article 116 of the Labor Code of the Russian Federation, a category of people entitled to an additional paid vacation period is established. These are workers in the following fields of activity:

Work in enterprises and factories with hazardous chemical compounds that have a negative effect on the body.
Activities with irregular work schedules.
The special nature of work activity.
If the employee works in the Far North or an area equivalent to it.

Additional leave for medical workers

So, how many days does a doctor's vacation last?

Unfortunately, at the moment there is no legislative act yet, but at the same time, some categories of medical workers have the opportunity to take advantage of additional paid leave due to close contact with harmful and dangerous drugs.

However, according to Article 117 of the Labor Code of the Russian Federation, this leave can be granted to medical workers. The nuance is that the specialist’s working conditions, based on the results of the assessment, must be equal to the working conditions of the second, third or fourth degree. In this case, the duration of such annually paid additional vacation time must be at least a week (7 working days). How many days have doctors been on vacation since 2016? More on this later.

In addition, the duration of such leave is established when signing an employment contract for each individual medical worker. This should be based on an industry (inter-industry) agreement and a collective agreement, which indicates the results of a special assessment characterizing working conditions.

On the basis of the same agreement, this additional leave, granted annually, lasting more than 7 calendar days, can be replaced by monetary compensation, separately established in accordance with the procedure, amount and timing of payments set forth in this established industry (inter-industry) agreement or collective agreement. This is how many days doctors' vacation lasts.

What should the employer refer to?

To establish the duration of additionally granted leave, the employer can refer (according to the decision of the Supreme Court of the Russian Federation dated February 14, 2013, number AKPI12-1570):

List of positions and professions of workers, according to the resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974, number 298/P-22.
For instructions on how to use the above list.
For a standard provision on a special assessment of working conditions and work for which additional payments are possible.
And other regulatory legal acts that are in force at a given time, but do not contradict the Labor Code. The duration of a doctor's vacation may vary.

List of medical professionals

List of types of medical workers who work in hazardous working conditions or in close contact with hazardous substances:

Workers of infectious, fungal and anti-tuberculosis departments of treatment and prevention institutions (HCI).
Medical workers (doctor, nurses, orderlies) serving patients.
Cleaners of industrial premises of medical institutions.

According to this legislative act, the duration of (additional) leave in these cases is 6-12 days.

How many days of vacation do doctors have since 2016? This question interests many.

However, referring to these regulations enshrined by the state, one must remember that, in accordance with the resolution of the Determination of the Constitutional Court of the Russian Federation dated 02/07/2013 number 135-O, this leave of at least a week is granted to all employees, regardless of whether the position held or profession on this list or not.

Taking into account all of the above, we can conclude that paid leave for employees engaged in areas that are harmful and dangerous to the life and reproductive functions of the body is much higher, and the period of such additional leave in such cases should be at least 7 working days.

We figured out how long doctors' (additional) vacation lasts.

Right to extended leave

The duration of such leave is 56 or 42 calendar days, this is determined by the specifics of the institution and the position of the employee.

Thus, a candidate of sciences has the opportunity to take advantage of vacation for a period of 35 working days, and employees with an academic medical degree of Doctor of Science - 48 days (according to Decree of the Government of the Russian Federation of August 12, 1994, number 949).

As for employees of research departments, leave can be extended to 56 calendar days, in particular, this applies to workers who are in contact with toxic compounds that are classified as chemical weapons, or who perform destruction work at enterprises specializing in the production of chemical weapons.

Let's figure out how many days the neurologist's vacation lasts.

Additional leave

The following groups of medical workers are distinguished who have the right to leave of 3 calendar days, provided that the length of service of such workers is at least three years (Resolution of the Government of the Russian Federation No. 1588):

General doctor (practice).
Family doctor.
Nurses accompanying representatives from the above first or second group.

But taking into account the irregularity of the workload, the constant influence of a huge number of harmful conditions and the work pattern formed in a special way, the employer can establish additional leaves, reflecting them in the local documentary acts of a given medical institution (HCI). Some people are wondering how many days a school pediatrician’s vacation lasts. It is calculated using a general algorithm.

Duration of vacations for employees of psychiatric departments

Thus, persons working in a psychiatric department have the following duration of leave:

Psychiatrist, psychologist and medical staff - vacation period is 35 days.
Chief nurse - 28 working days.
Clinical laboratory staff - 21 days.
Dieticians and medical receptionists - 14 days.

Duration of vacations for employees of anti-tuberculosis institutions

Workers of anti-tuberculosis institutions:

TB doctor and middle and junior level nurses - 14 days.
Phthisiatrician working with X-ray preparations - 21 working days.

For doctors who come into contact with HIV-infected people

Doctor, psychologist and middle and junior level medical staff - 14 days.
Clinical laboratory assistants - 14 days.
Medical personnel in contact with and directly caring for infected patients - 14 days.
Personnel in contact with biologically active fluids and media of infected people (saliva, blood) - 14 working days.

This is how many vacation days doctors are entitled to.

Additional paid leave, just like the main one, is provided in accordance with the approved schedule (queue schedule). This document is formed before mid-December in accordance with the specifics of the medical institution and the interests of the employees.

Both vacations can be summed up, but at the same time it is possible to divide them into component parts, and one of these parts must be at least 14 days (2 weeks) in accordance with Article 125 of the Labor Code of the Russian Federation.

For example, if the total duration of vacation time for a nurse in a psychiatric department is 56 days, then, if she wishes, this vacation can be divided into several. But to do this, the employee must contact the HR department before signing the schedule, that is, before it is approved, or within a year and report his desire.

The HR department is obliged to warn this nurse two weeks (14 days) before the start of the vacation, to pay her vacation money 3 days before the first day of vacation, in accordance with Article 123 of the Labor Code of the Russian Federation. We looked at how many days a psychiatrist's vacation lasts.

Features of calculating vacation dates

You need to know that not all periods are included in the length of service. The following are excluded:

Missing work for an unexcused reason.
Removal from performance of duties (due to the fault of the employee himself).
Exceeding the period of administrative leave by more than 14 days.

This provision is considered in accordance with Article 121 of the Labor Code of the Russian Federation.

According to Article 117 of the Labor Code, only periods of working time when the employee was present at the workplace are taken into account. That is, it turns out that rest time, vacations, weekends and periods of temporary disability are not included in the calculation.

How are vacation pay calculated?

First of all, the level of average annual earnings for the last year is calculated. To do this, all wages are summed up, then this amount is divided by 12 (the number of months in a year), and then the resulting value is divided by 29.3. 29.3 - calculation coefficient changed on 04/02/2014; before that time it was 29.4.

What is the duration of a dentist's vacation? Let's look at it below.

Since doctors work in the field of medical services, here, as we have already found out, there are some nuances in granting leave. There are several reasons for which a medical worker should receive leave, so the question arises: how much leave can an employee of a medical institution receive? So, for example, a doctor in a specific field of medicine, due to contact with infected patients and a high risk to his life, has the right, as we have already found out, to be granted additional leave. But at the same time, this doctor has an irregular work schedule, which also serves as a reason for granting him medical leave. It turns out that this doctor must receive at least two legal holidays. But this cannot be done, but you should choose and take advantage of that vacation, the duration of which is longer.

How to calculate vacation funds for a nurse who has just returned from maternity leave? She wants to exercise her legal right to annual leave, in accordance with Article 260 of the Labor Code of the Russian Federation, but she has not received any wages for the last quarter of the year (three months)?

Referring to the Decree of the Government of the Russian Federation, namely point 6, the average wage level should be equal to the calculated one. However, it may be that this employee has not worked at all before. In this situation, the amount of funds should be calculated based on the currently approved salary.

Conclusion

Thus, we can definitely say that every individual employee, regardless of their status, has the opportunity to take advantage of vacation. And even more so if we are talking about medical workers, so they should be provided not only with annual medical leave, but also with additional leave, as a sign of gratitude for their role in the life of every patient who turns to them for help. Therefore, it is so important to know how many days of vacation a pediatrician, for example, or a medical worker of any other specialization has.

Moreover, if this is legally approved by Decree of the Government of the Russian Federation of December 24, 2007 number 922.

We looked at how many days doctors' vacation lasts.

The right to rest is enshrined in the Constitution of the Russian Federation. This process is discussed in Chapter. 19 Labor Code of the Russian Federation. The duration of vacation is 28 days, but there are categories of workers who are given the right by federal laws to rest longer than this period.

Legislation regulating leaves of health workers

The labor activity of medical workers is regulated by the Labor Code of the Russian Federation. Taking into account the peculiarities of the work activity of a particular medical worker, leave can be extended over time. This fact is reflected in Government resolutions No. 482, 1588.

Rest for medical workers is divided into two categories:

annual (paid);
additional.

All employees, without exception, can count on basic rest after 6 months of continuous service with a specific employer. By agreement between the parties, leave may be granted earlier. Such leave is mentioned in Article 122 of the Labor Code of the Russian Federation. When granting basic leave, not only the employee’s wishes are taken into account, but also the vacation schedule drawn up in advance and approved by the employer. The employee is provided with rest on the basis of this schedule, and the order of vacation for each of the medical workers must be observed by both parties: the employee and his management. As a general rule, the duration of the main vacation for a medical worker is 28 days.

Not all categories of medical workers have the right to medical leave. The employer has the right to establish additional leave for employees: this fact is recorded in the local regulations of the enterprise. For example, if a medical worker works under hazardous conditions.

In Resolution of the supreme executive body No. 1588, the following have the right to vacation (additional) lasting 3 days:

doctors belonging to general practice;
family doctors;
honey. staff (nurses).

In this case, one condition must be met: 3 years of continuous work experience with one employer.

The following categories of medical workers are entitled to take additional leave:

medical professionals working in the field of psychiatry;
psychiatrist;
medical personnel at the middle and junior level;
clinical psychologist;
head nurse;
clinical laboratory personnel;
specialists - nutritionists;
medical workers who work in the anti-tuberculosis dispensary;
phthisiatrician;
medical personnel who are involved in the treatment of HIV-infected people.

Article 117 of the Labor Code of the Russian Federation determines that, on the basis of ongoing certification activities (frequency once every five years), rest for a medical worker in the presence of harmful factors at work (harm category 2 degrees and beyond) can be established additionally. In particular, with a harmfulness level of 3.2 or more, a person has the right to additional rest of 7 days. Based on regulatory documents, its duration may be increased.

Categories of health workers with different lengths of leave

Article 117 of the Labor Code of the Russian Federation establishes (additional) leave for medical workers for 7 days. The employer must pay for the vacation. The government has identified categories of medical workers who have the right to receive excess leave. The list of persons includes not only doctors, but also nurses.

List of employees:

psychiatrists, sister caring for a person who has a mental illness - 35 days;
nurse (senior) - 28 days;
dentists - 2 weeks;
doctors (local) - 2 weeks.

Preferential provisions have been established for veterinarians, as well as for those workers who, as part of their work, are forced to treat patients with tuberculosis. This also includes laboratory assistants working with biological materials from tuberculosis patients. They are granted leave of 14 to 21 days.

Harmful working conditions

Working conditions are factors that affect a person as a whole and his health. Favorable working conditions are factors that do not affect the employee’s health or affect them, but to a minimal extent. Harmful conditions have an adverse effect on the human body, leading to a deterioration in the functioning of the body, as well as to an exacerbation of chronic diseases. Thus, these factors reduce human life expectancy.

Working conditions recognized as dangerous are divided into 4 types:

1st level - work activity leads to minor changes in the human body, health is restored in the absence of connection with the production cycle;
2nd level - in production there are factors that cause changes of a regular nature, which causes chronic illnesses with a working process duration of 15 years;
Level 3 - the employee experiences significant changes in the body, they lead to loss of performance, health, and exacerbation of illnesses during the performance of work duties;
Level 4 - the most dangerous working conditions leading to loss of performance.

Types of harmful factors:

Physical. Dust, radiation (thermal, solar), air humidity, wind, vibration, impulses, lighting (excessive, insufficient).
Chemical. Biological, chemical substances.
Biological. Bacteria, microorganisms, spores.
Labor. Long working hours, mental and physical stress.

Article 117 of the Labor Code of the Russian Federation allows additional leave for medical workers for 7 days. The employer must pay for these vacation days. The list for excess leave includes not only doctors, but also nurses.

List of employees:

doctors - psychiatrists, medical staff, nurses caring for a person who has a mental illness - 35 days;
nurse (senior) - additional 28 days;
TB specialists - 21 days;
laboratory assistants - 21 days;
dentists - 2 weeks;
local doctors - 2 weeks.

Calculation and payment of vacation pay

The length of service that gives the right to paid leave includes the time actually worked, as well as the time when the person did not work, but his job was retained in accordance with the provisions of the law. In addition, absenteeism is forced, in the event of wrongful dismissal, removal from a position and reinstatement of a person at work in the future through the court. Additionally - other cases specified in the collective, labor agreement, as well as in acts of the organization (enterprise) of a local nature.

The length of service required to receive leave does not include:

a temporary period of absence of an employee from work without good reason;
decree;
unpaid leave (no more than a week at the request of the employee).

By law, a medical worker can count on basic vacation (paid) every year. Some categories are entitled to additional leave:

31 calendar days - for workers under 18;
30 days - for employees who work in the healthcare sector and have a disability;
36 working days - to employees working in the healthcare sector who are involved in the diagnosis, treatment of HIV-infected people, as well as those who deal with biological material containing the human immunodeficiency virus.

Vacation pay is calculated on the basis of average earnings: wages are added up for all 12 months of the year. The resulting total is divided by 12 and then multiplied by 29.3. The resulting amount is multiplied by the number of calendar days - the duration of the vacation. Wages, in turn, include compensation payments established by the regulations on remuneration. The duration of vacations (main and additional) is calculated in calendar days.

The average earnings, provided that the employee works for less than a full month, is calculated by dividing the actual wages accrued to him by the amount of 29.3. This coefficient means the average monthly number of calendar days. This number is multiplied by the number of complete calendar months, the number of calendar days in incomplete months. The number of days in an incomplete month is calculated by dividing the average monthly number of calendar days 29.3 by the number of calendar days of the month and multiplying the actual working time in the month.

Amount of vacation pay = Amount of average daily earnings X Number of calendar days of vacation.

IMPORTANT: In all situations, the average monthly salary of an employee who worked the entire pay period and fulfilled the standard working hours cannot be less than the minimum wage in the Russian Federation.

The money that is accrued to medical workers for vacation is remuneration. This is explained by the fact that, according to Article 129 of the Labor Code of the Russian Federation, an employee’s remuneration is remuneration. It is paid to the employee. When making payments, the employer pays attention to the position, length of service, complexity of the work performed, as well as under what conditions the person works. In addition, wages include compensation payments, including bonuses for working in extreme conditions.

Vacation money under Article 136 of the Labor Code of the Russian Federation is paid to a medical worker no later than 3 days before the start of the vacation.

Application for leave for a working pensioner

Regular leave is also granted to such categories of citizens as pensioners. A vacation schedule is drawn up 14 days before the calendar year. It indicates a specific vacation date for each employee. A pensioner has the right to take vacation in parts. Each part is paid for. The pensioner has the right to spend the remaining parts as he pleases, but all actions must be agreed upon with the employer. According to the Labor Code of the Russian Federation, (additional) vacations can be replaced with money, but on the condition that such vacations are paid for by the employer. Exceptions to the rules include additional days for hazardous working conditions. They cannot be replaced with money.

IMPORTANT: If a person splits his vacation, one part of it must be at least 14 days in duration. The employee is notified 2 weeks in advance that he needs to go on vacation. An order is drawn up for each employee, and vacation pay is accrued three days before the start of the vacation.

If a pensioner goes on vacation, he needs to write a statement. It should be addressed to the head of the organization. The document states:

surname, name, patronymic of the director;
name of the institution;
employee position;
surname, initials of the employee.

In the text of the application you need to indicate the dates - from what date and until what date the person needs leave. The employee signs the application, sets the date of its preparation, and submits it to the director for approval. The HR department employee issues an order, which is signed by the employee. The employee is presented with the order against his signature.

In any area of work, including medicine, an employer has no right to discriminate against an employee because of age. In addition, a fixed-term employment contract is concluded with such an employee only with his consent. Pensioners have the right to additional leave without pay for up to 2 weeks during the year. In the event of a layoff, a pensioner has the right to retain his job if he is a highly qualified worker.

Medical workers go on vacation like most citizens, and also have the right to count on (additional) vacations depending on certain work factors. All of them are listed in laws and local regulations.

Question: According to a special assessment of working conditions by specialists: a psychiatrist-narcologist, a paramedic in the office of a psychiatrist-narcologist, a psychotherapist - class 2 (acceptable working conditions), i.e. them additional no vacation allowed. But they are special categories of workers, according to the Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22, they are entitled to additional leave. Will we do the right thing if we give them these additional holidays to the above-mentioned specialists and I would like to clarify how much it will be in calendar days, since everything in the Resolution is in working days? Or is there some other regulatory act according to which they are entitled to additional vacations? Thank you.

Answer

Answer to the question:

According to Article 117 of the Labor Code of the Russian Federation, annual additional leave is granted to employees engaged in work with harmful and (or) dangerous working conditions. Whether the working conditions at each specific workplace are harmful is determined by the results (certification) of a special assessment of working conditions.

The lists of industries and professions with hazardous working conditions were previously determined by the list of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day, approved by Resolution of the State Committee for Labor of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22. Currently, this document is applied only to the extent that does not contradict the Labor Code of the Russian Federation. Before the adoption of the relevant regulatory document, the employer is obliged to establish these compensations independently based on the results of certification of workplaces for working conditions (special assessment of working conditions).

Thus, before the adoption of Resolution No. 482 of 06/06/2013, the issue of providing leave for harmful working conditions to employees was decided at the discretion of the employer, taking into account the results of the certification and is recorded in the local act of the organization (for example, the Regulations on Leave). At the same time, when drawing up internal documents, the organization could be guided by the List of industries with hazardous working conditions, work in which gives the right to additional leave, approved by Resolution of the State Labor Committee of the USSR and the Presidium of the All-Union Central Council of Trade Unions dated October 25, 1974 No. 298/P-22. That is, despite the fact that this List was not applied as such, the organization had the right to use its provisions when drawing up internal documents.

For employees working in treatment and preventive medical organizations providing psychiatric (narcological) care to the population, additional leave is established in accordance with Decree of the Government of the Russian Federation dated 06.06.2013 N 482 “On the duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions provided to certain categories of workers" ( an extract from the resolution is given below). In this Resolution, the number of vacation days is given in calendar days.

If your organization does not provide psychiatric care to the population, and the specialists involved only provide consultations, then this resolution cannot be applied to them.

The duration of additional leave for medical workers involved in the provision of mental health care is established in accordance with this Resolution.

In accordance with Part 1 of Art. 22 of the Law of the Russian Federation of 07/02/1992 N 3185-1 “On psychiatric care and guarantees of the rights of citizens during its provision” (hereinafter referred to as Law N 3185-1), medical and other workers involved in the provision of psychiatric care have the right to reduced working hours , annual additional paid leave for work with harmful and (or) dangerous working conditions in accordance with the legislation of the Russian Federation.

Based on Part 1 of Art. 1 of Law N 3185-1, psychiatric care includes examination of the mental health of citizens on the grounds and in the manner established by Law N 3185-1 and other laws of the Russian Federation, diagnosis of mental disorders, treatment, care and medical and social rehabilitation of persons suffering from mental disorders.

Psychiatric care is provided on the grounds and in the manner established by the Law and other laws of the Russian Federation, and includes psychiatric examination and psychiatric examination, prevention and diagnosis of mental disorders, treatment and medical rehabilitation of persons suffering from mental disorders.

Those. for example, ambulance driver, nurse, receptionist, etc. does not participate in the provision of mental health care. Nurses depending on their job responsibilities.

Thus, if the job responsibilities of a doctor, paramedic, etc. does not include the provision of psychiatric care, then he is not entitled to additional annual paid leave for work with harmful and (or) dangerous working conditions, established by Decree of the Government of the Russian Federation of 06.06.2013 N 482.

If doctors carry out treatment and medical rehabilitation of persons ( namely treatment, not outpatient examination) suffering from mental disorders and this is stated in their job descriptions, then in this situation they are entitled to additional leave.

Details in the materials of the Personnel System:

1. Legal basis:

FEDERAL SERVICE FOR LABOR AND EMPLOYMENT

LETTER

About benefits in hazardous industries

The Legal Department of the Federal Service for Labor and Employment reviewed the appeal. We report the following.

The Supreme Court of the Russian Federation in (hereinafter referred to as the Definition) established that “On approval of the List of industries, workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day” (hereinafter referred to as the List) does not apply, because it contradicts and is ineffective.

Also, the Supreme Court of the Russian Federation indicated that, depending on the class of working conditions and taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations, the Ministry of Health and Social Development of the Russian Federation was instructed to establish workers engaged in heavy work, work with hazardous and (or ) hazardous and other special working conditions, reduced working hours, the minimum duration of annual additional paid leave, the minimum amount of increase in wages, as well as the conditions for the provision of these compensations.

The absence of the above-mentioned regulatory legal act of the federal executive body is not an obstacle to the establishment of annual additional paid leave, as well as reduced working hours for employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions in accordance with labor legislation Russian Federation.

Before the adoption of a new procedure for providing compensation, it may be applied if its provisions are included in a collective agreement or local regulations adopted by the employer on the basis of the Code.

Head of Legal Department
A.V. Anokhin

With respect and wishes for comfortable work, Ekaterina Zaitseva,

HR System expert

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