When does teachers' vacation begin? Vacation of additional education teacher

Question:

The private kindergarten operates under OKVED “childcare”, without an educational license for now. There are educators on staff.
What is the period of paid leave for a teacher: 28 days or 56 days?
Answer:

Activities related to child care, education, and training actually indicate the creation of a preschool institution, which means that the entrepreneur is obliged to comply with the relevant requirements.

The duration of the annual basic extended paid leave is 56 calendar days for the following teaching staff:
educators, music directors, physical education instructors, speech therapists, and speech pathologists working full time in preschool educational institutions. Confirmation: Decree of the Government of the Russian Federation of the Government of the Russian Federation dated May 14, 2015 No. 466.

Thus, if you have educators on your staff, they are entitled to receive annual paid leave of 56 working days.

Unfortunately, the service does not yet provide automatic accounting for additional or extended vacations. Development is in the plans, but I can’t give an exact time frame for implementation. In this regard, I can offer the following option for reflecting extended leave for educators in the service.

Indicate 28 days of vacation for such an employee in the service in the Salary-Vacation-Annual Paid Leave section. Write down separately the amount of vacation pay for 28 days of vacation.

Then reflect Other accruals - add, specify an employee, create new type accruals - extended leave for the teacher. Indicate the amount of vacation pay that was obtained during the calculation. Indicate that the payment is subject to personal income tax of 13% and insurance contributions in general procedure. When creating an accrual, you do not need to check the boxes: “take into account when calculating average earnings”, “apply northern bonus” and “regional coefficient”.
Make both payments through the Calendar-Payments to individuals (one payment will be for 28 days of regular vacation as Vacation Pay, the second payment will be for additional days, also for 28 days of vacation as Other accruals).

While the employee is on extended vacation (the second 28 days of vacation), mark this period as absenteeism. This will not negatively affect the employee in any way, but no salary will be accrued to the service for such a period. And the employee will eventually receive both vacation pay for the time he was on vacation for 56 days and a salary in proportion to the days worked in the month when additional vacation days were issued.

If you provide only childcare services, then you actually provide nanny services. It turns out that your employees are not private teachers kindergarten, as you indicated in your first question, but only by nannies. Such employees are entitled to 28 days of annual paid leave as employees of a regular occupation.

If your employees are registered as teachers in a private kindergarten, then such employees are entitled to leave of 56 days. Since the form of ownership of the organization (IP) as employers does not differ. When working in a private kindergarten, teachers should not be infringed on their rights, including the right to extended leave, as if they worked as teachers in a municipal kindergarten.
Unless otherwise provided by law, when determining the duration of extended paid leave, the employees specified in the question should currently be guided by the Government Resolution Russian Federation Government of the Russian Federation dated May 14, 2015 No. 466.

I draw your attention to the fact that since educational activities and the activities of kindergartens are specific, and according to the regulations of accounting consultations, questions on the specifics of activities are not discussed in detail in our section. And the point of view we expressed is an expert opinion. For official clarification specifically on your situation, I recommend that you submit a request to the Ministry of Education and Science of Russia by mail (125993, Moscow, Tverskaya St., 11, GSP-3) or by sending an electronic appeal (http://minobrednauki.rf/return -communication/rules).

Leave for teaching staff

Due to the nature of their work, teachers go on vacation during summer holidays. However, schools continue to operate in the summer. They organize school health camps with daytime stay and teachers also work in them.

Calculating teacher leave often causes problems. In accordance with Article 334 of the Labor Code of the Russian Federation, teaching staff have the right to an annual basic extended paid leave of 42 or 56 calendar days. The duration of leave depends on the position held and place of work.

Exceptbasic extended leaveteacherscanto have a rightfor additional leave for irregular days or work in special climatic conditions.For example, vacation24 calendar days are due to teachers who work in the Far North, andworkingin areas equated to the regions of the Far North, 16 calendar days.
For every10 years of teaching experiencelaidadditional unpaid leave for up to a year.This right is provided for in Article 335 of the Labor Code of the Russian Federation and clause 1 of the Procedure, approved. By Order of the Ministry of Education of the Russian Federation dated May 31, 2016 No. 644.
ForgetleniyaextendedWowvacationAfully,teachermustwork through teacherin an educational institutionno lesspoleAndmonths continuously. If the directorschoolsI agree, then leaveMay beprovidedenand before.

As in any institution, a vacation schedule must be drawn up. It is a mandatory document for any organization (Article 123 of the Labor Code of the Russian Federation). The schedule must be approved no later than two weeks before the start of the new calendar year. If there is a trade union, its opinion is taken into account. All teachers must be familiar with this schedule upon signature. Leave can be granted in parts if the teacher so desires. However, one part of the vacation must be at least 14 calendar days.
The most difficult thing is to determine how many days of rest are due to an employee who was not previously a teaching staff, but then was transferred to the position of a teacher.
In cases where a citizen did not work as a teacher, and then was transferred to the position of a teacher, the duration of leave is calculated in proportion to the time during which the employee held a particular position in the working year.

Registration of leave for a teacher

The teacher must be given written notice of the upcoming vacation at least two weeks before the start of the vacation. Or a draft order must be drawn up and the teacher must be familiarized with it in advance for signature.
If for some reason an employee goes on vacation unscheduled, you need to take an application from him.
To create an order instatesand municipalseducationalsinstitutionsI, usetsI unified forms No. T-6 or T-6 a In the column “for the period of work” of the documentcalledindividual working year of an employee for which he is granted leave.As stated above, employees familiarize themselves with the orderunder signature.
Vacation pay for teachers must be paidno later than three calendar days before the start of the vacation. Otherwise, you may be subject to administrative liabilityaccording to Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Review ыв teacher on vacation

Due to labor needsReader canButrecall from vacation.However, such feedback is allowedonly with consentteacher (Article 125 of the Labor Code of the Russian Federation).Ifteacherdoesn't mindneed toask him to writeappropriatestatement.
The unused portion of the vacation does not expire upon recall. The teacher has the right to postpone it to another time or add it to the vacation for the next working year. The employer must agree with the teacher when he or she will take the rest of the leave. This should be reflected in the revocation order. The teacher must be familiarized with this order against signature.
In case of recall from leave must be donerecalculationvacation pay. Cash behind unused vacation count it towards the employee's salary when they return to work. And recalculate vacation pay for the rest of your vacation when necessary.
Not to be confusedholidays and free days with vacation. Autumn, winter, spring and summer holidays are a time of rest only for students and pupils of educational institutions. If the vacation periods do not coincide with the teacher's vacation, then they are working time for him.
During the holidays, teachers do methodological, organizational and other work within the scope of the teaching load. Concerning free days, the administration of an educational institution can include them in plans and work schedules. Teachers can use such days for advanced training, self-education, and preparation for classes as so-called methodological days.
PLet's summarize. Teachers have the right to extended paid leave - 42 or 56 calendar days. To receive it in full, the teacher must work for at least six months continuously in an educational institution.
2. A vacation schedule should always be drawn up, as it is a mandatory document
for any organization.
3. A teacher can be recalled from vacation with his written consent. In this case, it is necessary to recalculate the salary.

Teachers have very good advantage before other professions. Long vacation. Almost everyone rests 28 calendar days a year (Article 115 of the Labor Code of the Russian Federation), and teachers can afford to rest longer. And since the summer holidays at school last three months, teachers do not miss a wonderful opportunity to relax during the hot summer months.

Of course, teachers can take part of their vacation in other months, but mainly in order to educational process did not suffer usually rest is necessary. School work during the summer holidays is not as stressful as during school year. Teachers tidy up their classrooms and work in summer camps, which of course is also a kind of vacation, but with certain responsibilities - to lead educational work among vacationers. But you don’t need to check your notebooks and you don’t need to prepare for lessons either.

How many days does a teacher's vacation last?

According to Article 334 of the Labor Code of the Russian Federation, teachers in Russia have extended paid leave; it can range from 42 to 56 calendar days. This depends on the place of work of the teacher or educator. For example, school teachers rest for 56 calendar days, and kindergarten teachers - 42 calendar days.

Right to long leave for teachers

Teachers have the right to go on long leave for a period of one year once every ten years. The condition for receiving sabbatical leave is continuous experience teaching activity – 10 years or more. Based on Article 335 of the Labor Code of the Russian Federation, such leave is provided in accordance with the rules established by the founders or the charter of the educational institution.

The Ministry of Education of the Russian Federation approved the Regulations, which approve the procedure and conditions for providing teachers with educational organizations long leave (by order No. 3570 of December 7, 2000) This procedure is followed only by those schools or preschool institutions in which the founder is the Ministry of Education of Russia or exercises the powers of the founder. The Regulations state that teachers on long-term leave retain their place of work and position.

How are vacation pay calculated for teachers?

Vacation pay, based on accrued salary for the 3 months preceding the vacation. During vacation, the employee retains his average earnings; it is calculated based on the rules specified in Art. 139 of the Labor Code of the Russian Federation and Regulation No. 213 of April 11, 2003 “On the peculiarities of the procedure for calculating the average wages.

To pay for annual basic and annual additional vacations, average earnings are calculated based on the actual accrued wages for the last 3 months (from the 1st to the 1st). The average monthly salary of a teacher is calculated taking into account all additional payments, such as inspection written works students or managing workshops and laboratories.

Due to the complexity and intensity of the profession, the vacation of teaching staff varies in duration. According to labor legislation, citizens working with children cannot rest for less than the established 28 days, but have the right to count on additional rest beyond the standard duration. The Labor Code of the Russian Federation provides teaching staff with the following extended leaves:

• 42 calendar days;
• 56 calendar days;
• once a decade - a vacation lasting up to a year.

All persons whose professional activity connected in one way or another with the educational process. These are employees of preschool, general education and specialized institutions, universities and technical schools. In addition, teacher leave additional education, for example, teachers in music or art school, also increased.

Important! In order to determine the number of vacation days for a particular teacher, a nomenclature of positions was introduced in 2013, establishing the duration of vacation for teaching staff.

Who is entitled to receive 42 days of leave?

You should immediately make a reservation that the calculation of rest time depends on the time worked. Leave for teaching staff is provided on the same basis as for other employed citizens. A teacher must work continuously in one institution for at least six months in order to exercise the right to receive rest.

The main requirement for employees of the above institutions is participation in the educational process and methodological activities. Extended leave for teaching staff of 42 days is provided for:

• most employees preschool institutions(this duration of rest is established for educators, speech therapists, methodologists, music directors, managers, with the exception of those who work with children with disabilities);
• teaching staff and management team organizations of additional education (the only exception is the vacation of a teacher of additional education working in a certain field of art or with sick children).

The rest may be longer, the established forty-two days. Guarantees for providing exemption from work to residents, for example, of the Far North, remain. In this case, additional rest time is added to the required 42 days, the duration of which is determined by law. Let’s say that an additional 24 days will be included in the vacation calculation for a teacher working in the Far North. That is, the total duration of release from labor will be 66 days. The leave of absence for kindergarten teachers may be reduced, but not less than to the minimum - 28 days, with compensation for the period not taken off.

Read also The employer has the right to refuse leave at his own expense

Release from work for a period of 56 days

Teachers at schools, universities and other educational institutions can count on long-term release from work duties. The nomenclature of positions, developed in 2013 in Russia, determines the duration of vacation not only depending on the type of position, but also depending on the educational institution. This means that the vacation of a teacher teaching in a kindergarten and the vacation of a school teacher do not coincide in duration, although the position is essentially the same. This difference is provided due to the specifics of the work process of these institutions (schools have long vacations and an increased workload on teachers).

Holidays lasting 56 days are provided:

• pedagogical workers of preschool institutions teaching disabled people or children requiring long-term treatment;
• teachers in schools;
• teachers and directors of art schools;
• employees of organizations working in the field of additional education for disabled citizens;
• teachers of universities, academies, technical schools;
• teachers of orphanages, medical and social assistance centers and other specialized organizations.

According to the Labor Code, exemption from work of 56 days must be fully paid. If a teacher wishes to take a vacation of shorter duration, he is provided with compensation. Failure to provide leave for more than two years is unacceptable. Employees of educational organizations have the same right to rest as other employed citizens.

The procedure for exemption from labor duties for up to a year

Except annual leave, teachers have the right to count on a long rest once a decade. This opportunity is provided only if the employee has carried out his activities continuously and has supporting records in work book, and long-term absence cannot significantly affect educational process and a teaching career. How many days or months the teacher takes, he decides on his own.

When arranging leave, the employee’s previous educational activities are taken into account. Continuous experience includes:

• actual time spent working as a teacher, including when replacing other teachers;
• the time when the person did not work, but the person retained the position (for example, due to illegal dismissal, during a period of incapacity or maternity leave);
• Internship;
• if the employee changed his place of employment, but the period between dismissal and joining new position, took less than three months, the experience is also not interrupted;
• The collective agreement may establish additional grounds for accruing continuous service.

Read also List of documents for registration of maternity leave

Long-term release from work duties is granted to an employee upon his or her application. During the vacation period, the teacher retains his place and workload. The only exceptions are changes in educational schedules, plans of the institution, and a decrease in the number of students. Dismissal or transfer at the initiative of the manager in the absence of the employee is also not allowed.

Submission procedure

Leave for an educator or teacher is granted on the same basis as for other categories of employed citizens. It is a mistake to believe that teachers rest only in the summer. The law provides for the possibility of going on vacation at other times of the year, usually during the holidays of pupils or students. As in many other enterprises, educational institutions draw up schedules on the basis of which teachers have the right to be released from the duties assigned to them by the employment agreement. Employees have the right to divide the required 42 or 56 days into parts, the main thing is that one of them is at least two weeks.

The right to annual paid rest arises after the first six months worked for the employer. This provision does not apply to citizens caring for a child, women who need to go on maternity leave, or adoptive parents of small children. In the above cases, the manager is obliged to release the employee within the period specified by the employee in the application.

The number of rest days may be increased due to public holidays. Let’s say a teacher who goes on vacation for a month at the beginning of June will have a Russian holiday added to 2019. The rest will be not 30, but 31 days. The period during which a teacher is relieved of duties is included in his total continuous experience. At the same time, the workplace is preserved.

The procedure for applying for vacation is standard: the teacher must draw up an application based on the vacation schedule, and the personnel service employee must prepare the corresponding order.

An employee's annual leave is paid. It is calculated as for other categories of employed persons, that is, the average daily salary of a teacher is taken as a basis and multiplied by the number of days when the teacher is released from his main activity. State Decree No. 922 defines the calculation procedure based on the citizen’s salary for Last year. However, internal local acts of the organization may deviate from this requirement and establish a different period that does not worsen the employee’s situation (for example, the last six months can be taken as a basis).

All teaching staff, due to the complexity of their profession, are entitled to an extended vacation period every year. Kindergarten teachers are considered a separate species teaching staff, because they do not have a generally accepted “school” year, and work time is subject to a more stable routine than, for example, teachers. How many days of vacation does a kindergarten teacher have, and are there any additional privileges in terms of vacation for such employees?

Calculation rules

The duration of leave for a kindergarten teacher does not change depending on length of service, and most often such leave is provided in the summer months, since most children go on vacation with their parents for the summer.

However, teachers do not have summer “vacations” as such, and they can take vacation days Anytime.

Before receiving days of rest, educators are assigned a special payment in the accounting department of their institution - “vacation pay”, the amount of which is equal to the employee’s average earnings for one day of work and multiplied by the number of days constituting vacation time.

In the Labor Code, there is one nuance regarding the correct calculation of “vacation pay”: given that the size of the working day changes every month, it was established average value days in a month – 29.3.

This coefficient is needed in order to make a simple calculation:

1. The average daily earnings are the total earnings and bonuses for the year, multiplied by 29.3.
2. Vacation payments are the average daily earnings, which are multiplied by 42 days.

A kindergarten teacher is classified as a second category of teaching staff and receives the right to paid leave of 42 calendar days annually.

The right to rest annually arises for any employee of a preschool pedagogical institution automatically upon admission to any position. However, an employee will be able to take advantage of his legal days “without work” only under the following condition: he must have worked for at least 6 months at the time of receiving leave.

After six months of work, the employee can either immediately go on legal rest, or demand from the employer a portion of the rest days, no more than 14 days. Later, the teacher can take legal vacation days at any time during the working year.

The working year is a special indicator that begins from the day the teacher is hired at the place of work. Working years are counted only in one organization, and when moving to another, the countdown date changes and working years begin to be calculated anew.

The main teaching staff of the kindergarten consists of three categories of educators:

• junior teachers;
• senior educators or methodologists;
• head of the kindergarten.

Naturally, all educators cannot take days off whenever they want, since this will negatively affect the learning process, so educators take turns leaving in predetermined months, which can be chosen.

The head can go on vacation solely for his own reasons and desires, however, in order to carefully monitor the process of children's education, the heads do not rest in September - October, when the influx of parents enrolling their children in kindergarten is especially huge.

Rest time is divided into several types:

1. Technical day breaks and days off. 24 or 48 hours, if it is two days, is needed for a person to rest from his main work activity. At this time, he is completely free from work and can devote these hours to his personal needs and affairs.
2. Annual paid vacation. The longest vacation in duration, which must be paid by the employer. For a kindergarten teacher, its duration, as already mentioned, is 42 days. For example, a teacher’s annual vacation high school, equals 56 days.
3. At your own expense. This type is needed to solve your life problems. It is required from management in any month of the working year. Such rest is limited to two weeks, unless there are other reasons for its duration to be increased. This vacation time is not paid by management and is always agreed upon separately with management. The boss has the right not to agree to this request.
4. Maternity leave and parental leave. Specialized days of “rest” from main work. An employee planning to become a mother goes on maternity leave at 7 months of pregnancy.

After the birth of the child, she is also entitled to a month of maternity leave. And after that, you can already take out parental leave until the child reaches one and a half years or three years old. Both the new mother herself and the father of the child can go on this type of vacation. However, only one of the parents has the right to be on such a long “time off”.

Teaching staff are entitled to extended leave depending on their teaching classification each year. For example, teachers teaching advanced training courses, educators teaching disabled people of the first, second and third groups or children undergoing correction, as well as psychologists, teachers of primary, secondary and top level receive extended leave of 56 calendar days each year.

Preschool educational institutions workers receive 42 days, which is also considered an extended rest period, since according to the Labor Code of the Russian Federation standard size The vacation period for an employee is 28 calendar days.

There is also a special type of vacation period without pay. All teaching staff can take such a vacation once every 10 years. Its duration is determined based on the wishes of the employee and can be no more than twelve months in duration.

The hours allocated for such leave are naturally not paid, but the employee is fully retained workplace and position, as in the case of maternity leave or child care leave.

In addition to the special vacation period, teaching staff can also take vacation days that will not be paid - time off. These days will be provided to the employee by the employer to resolve personal problems. In total, “time off” can be up to two weeks per working year according to the law for one employee. He can take them any day.

This, of course, does not include sick leave and travel leaves, which officially record the number of days on which the employee was absent from work due to illness or was on a business trip.

Days added in addition to annual reserves will create a situation of recalculation of seniority and the accounting department, together with management, will postpone the employee’s vacation time to more late period, since they took time off in excess of the norm.

Vacations without pay are also always agreed upon with management. Moreover, as in the case of leave at his own expense, the employer can simply refuse such a request to the employee.

Such a leave was requested by the head teacher of a secondary school engaged in pedagogical activity more than 15 years. The reason is quite valid - there is no one to look after the newborn granddaughter, since the parents (the children of this head teacher) have urgent work abroad. In such a situation, the director refuses such a long vacation time, since the head teacher occupies a very responsible position and is responsible, for example, for the entire methodological part of the institution’s work.

There will be ministerial checks soon, but it is not possible to find and train a new person. In this case, the employee will be refused. However, if the situation at home is truly hopeless, then the head teacher will have to make a responsible decision and resign from a good position due to at will, or parents will look for a temporary nanny for their baby. But for some reason this may be unacceptable to them.

Decisions in favor of such long-term leave without pay depend on the management of the educational institution or institution preschool education.

1. Participants of the Second World War, prisoners of concentration camps or repressed people. These employees can take, in addition to the prescribed annual rest and compensatory days, a long vacation period equal to 35 days at a time or in parts.
2. Employees who have reached retirement age. These employees can take two weeks in addition to the main vacation days at any time during the working year.
3. Wives/husbands of military personnel. This category of educators can also count on an additional two weeks of rest annually.
4. Teaching staff in difficult working conditions, for example, kindergarten teachers working in the North, in conditions of long winter weather and short daylight hours. They are also entitled to 24 additional calendar days, or in equivalent northern areas - 16 calendar days with a percentage increase in wages.
5. Employees with disabilities, usually third working group or the second with a restriction labor activity, for example, for disabled children. For such a galaxy of employees, additional vacation days are provided - up to 2 months a year.

Finally, unpaid days can be granted to employees due to unforeseen life situations, for example in case of an accident or death loved one, emergency domestic incident or when moving to a new place of residence. For such cases, the employer allocates from 3 to 5 days for any teaching employee.

Registration of vacation days begins primarily after agreeing on the terms of rest between the employer and employee. Usually, the employee chooses the desired days, and management agrees, or adjusts and offers the employee another suitable time to choose from.

A special leave procedure has been established for teachers, which does not harm the general educational process, but is subordinate to it. This is precisely why this order is unshakable, since it is very difficult to imagine teachers going on long vacations one by one. This will not only disrupt the entire learning process, but also jeopardize completion educational program, so for them vacation time is the summer months.

Kindergarten teachers can choose vacation according to their personal preferences and the priority established by the employer, without being tied to a specific time of year.

When issuing leaves for teachers, the head of a preschool educational institution can issue the following types of orders:

1. Order on granting leave in form N T-6 and N T-6a. This order is compiled in the case of a normal annual vacation period. This paper reflects the employee’s length of service and the number of vacation days granted to him under the Labor Code of the Russian Federation. Such a vacation period can be compensated financially at the request of the employee, then an order is issued to pay the employee compensation for part of the vacation, the days of which will be paid by the employer.
2. Order to recall an employee from vacation. Recall of an employee is also carried out only if the employee does not mind satisfying the request of his superiors to leave the vacation period early, and this consent is recorded in writing. If a subordinate refuses to leave at the request of the manager, this will not be considered a violation employment contract.
3. Order to postpone vacation. Such a document can be drawn up only when the absence of an employee may adversely affect the entire work process, for example, when state inspection. Only then can vacation days be transferred to the next year with the employee’s consent. According to the Labor Code of the Russian Federation, it is prohibited to deny an employee leave for two years, or to transfer leave to those employees who are employed in hazardous work.
4. Order for extension. Vacation days can be extended due to the employee’s temporary incapacity for work, or if he performed government duties during his vacation.

An application for leave, written in the employee’s handwriting, is attached to the vacation order.

The boss must notify the employee of the decision made regarding his annual vacation no later than 14 days before the expected date of the vacation period.

Thus, preschool teachers, as employees of the second category of teaching staff, are granted 42 days of extended leave every year. This time is paid in full by the employer, as a result of which “vacation pay” is issued - cash payments equal to the employee’s average daily earnings multiplied by the number of rest days.

In addition, preschool employees educational institutions may go on an unpaid vacation period, or after ten years of service, request long-term leave without pay for up to twelve months.