Kindergarten teacher leave: types, how many days it lasts, calculation rules

Basic Concepts

Like other citizens of the Russian Federation, kindergarten teachers are granted the right to leave by the Labor Code. But the procedure for its provision in this case is regulated by three different articles of the Labor Code - Art. 333, 334 and 335. After all, in Russia a teacher belongs to the preferential category of employees. Therefore, they are entitled to an extended period with additional compensation. Also, the Labor Code of the Russian Federation conditionally divides the leave of educators into separate types:

• Annual paid (at least 6 weeks per year);
• Additional at the expense of the enterprise;
• Elongated.

How they differ from each other will be discussed in the article below.

https://youtu.be/arL3yzUaiBM

How to exempt a student from classes?

The director of school No. 143, Svetlana Savenko, answers:
“First of all, you need to notify the class teacher about this.” Then write an application addressed to the school director with a request for exemption from classes due to... (parental leave, sanatorium treatment, etc.). It must indicate that the parents take responsibility for the life and health of the child during this period. Based on this statement, we write an order. In it, we prescribe the task for the class teacher to monitor the child’s implementation of the curriculum in those subjects that he will miss. Parents must make sure that the student does not have any gaps: study with him on vacation or master the program upon his return. But if there were any tests at that time, then the child is not required to write them separately.

I will add that in the last two years, such cases when families go on vacation outside of the holidays have become more frequent. We try not to assign tests immediately before the end of academic quarters. Because it happens that parents and children go on vacation on the eve of the holidays.

Features of granting leave to kindergarten teachers

Depending on what category the kindergarten teacher belongs to, the duration of his leave can range from 42 to 56 days. The longest rest is given to teachers working with very young children. The shortest is usually intended for methodologists, senior group leaders, and the director of the institution. At the same time, educators cannot independently choose the months in which it will be convenient for them to rest. When drawing up the schedule, the authorities take into account periods when the influx of children in the kindergarten increases several times, or, conversely, decreases.

It is important to know! Based on this data, free days for vacation are selected for teachers (the only exception is the manager, since he can go on leave at any time convenient for him).

Kinds

The number of vacation days for kindergarten teachers depends not only on their category, but also on the type of dismissal. There are three in total:

• The next annual one is provided to all personnel according to a pre-planned schedule. Such vacations last the longest and are paid for by the state, at the average daily rate of a teacher;
• Extended leave - provided for educators working with “special” groups (disabled children undergoing psychological correction, etc.). It can also be provided to an employee who has undergone advanced training the day before;
• Additional rest - at your own expense, at your personal request. During its duration, the state does not pay any benefits to the teacher, but guarantees that he will retain his job. The reason for refusing an employee extraordinary time off may even be the possibility of a deterioration in the educational process.

Also, the duration of dismissal for employees of preschool educational institutions is regulated by the general articles of the Labor Code of the Russian Federation. Therefore, if sick leave is issued, the kindergarten teacher’s vacation will last for as many days as indicated on his certificate of incapacity for work. The extension of days off in this situation occurs automatically, without the consent of management (Part 1 of Article 124 of the Labor Code).

Time relax

As in other educational institutions, the presence of the smallest number of children in kindergarten occurs in the summer. Therefore, most teachers go on vacation from June to August. However, even during this season there will be children within the preschool educational institution. Therefore, a minimum part of the staff, including at least one teacher, must go to work.

Slightly different rules govern the procedure for granting regular leave to the head of an enterprise. The Labor Code allows him to go on vacation at any convenient time. But in the period from August to October, the number of new children in kindergartens increases sharply, so it is advisable for the authorities to be at work during this period, not at home, receiving parents and registering children in preschool educational institutions.

Duration

The minimum duration of leave for kindergarten teachers of the smallest category reaches 42 days. For teachers involved in caring for special groups of children with mental disorders or disabled children, this period increases to 56 days. Having worked in a preschool educational institution for more than 10 years, each employee also receives the right to a long leave of absence for a period of 12 months, while maintaining his salary and position.

If we are talking about extraordinary leave, which is provided at a personal request, then its duration cannot exceed 10 days. The only exception in this case is the issuance of a sick leave certificate, since this document automatically extends any employee’s vacation for the period established by the doctor.

Vacation calculation rules

All officially employed citizens of the Russian Federation are entitled to leave, regardless of their position and work experience. A guarantee for a long vacation is provided not only by the Labor Code of the Russian Federation, but also by Art. 37 of the Constitution. At the same time, the manager can only establish a certain sequence of dismissals for staff, but not cancel them or postpone them to the next year.

The boss himself must draw up the vacation schedule in tandem with the trade union committee, which, in turn, takes into account the wishes of individual teachers regarding their rest periods. If an employee of an educational institution has part-time status, and the position of a teacher is secondary for him, then his right to time off will be subject to some priority in relation to other employees.

Attention! In this case, the duration of rest consists not only of the teacher’s work shifts, but also of his days off, although the amount of vacation pay in this case is calculated based on the daily rate of the subordinate, for all calendar days (from 42 to 56 days).

Types of leaves provided to teachers

Teaching staff must also take an annual break from their work activities. The only exceptional feature of the vacation period for teachers is that they often cannot choose the time of rest, but are forced to adapt to the educational processes. Teachers most often go on vacation during the holidays.

Vacations for teaching staff are divided into two subgroups:

1. Annual main holiday.
2. Leave without pay.

Please note that teaching staff do not have the extra time off that some other professions may be entitled to.

Every year, any teacher or equivalent employee can take paid days off. During the period of absence of the employee, he retains his workplace, as well as other rights enshrined in his employment contract. Payment for days of annual rest is made based on the calculation of the individual average daily earnings. Its size is affected by the level of income over the last 12 months. The resulting daily average is multiplied by the number of vacation days.

Often, the annual vacation occurs precisely during the holidays, and when they end, the teacher goes back to work. This procedure dictates the need to agree on all the details of the upcoming working year in advance. The terms of his working hours in the coming year and the level of workload he will undertake are discussed with the employee.

Vacations at their own expense can also be arranged by teachers to solve their own problems. According to general rules, such rest should be limited to 14 calendar days, unless there are other reasons to increase its duration. Although such days are not subject to payment, they can still be taken only with the agreement of management. Moreover, such a statement may not be signed by management if they consider that the absence of a teacher will negatively affect the learning process.

Annual paid extended leave

Pedagogical activity is not just giving lectures on established topics; it contains many components. Teachers have irregular working hours, because their work day does not end when working hours end. The difficulty of the profession also lies in the fact that the teacher must have high communication skills, be able to resolve conflict situations, and find an approach to different types of personalities.

The combination of all the difficulties of the profession led to the fact that teachers were given a special duration of annual paid leave. Teaching staff are divided into several different categories, which have individual vacation periods.

56 calendar days of vacation time are issued to the following categories:

1. Teachers who work in educational institutions at primary, secondary and higher levels.
2. Teachers at advanced training courses.
3. Employees conducting training at factories and workshops.
4. Educators who teach people of different age categories who need long-term treatment or have disabilities.
5. Psychologists working in educational institutions.

Some professions, although classified as pedagogical fields, can only count on 42 calendar days:

1. Workers of preschool educational institutions.
2. Methodologists involved in educational work.
3. Other additional educational structures.

Leave of absence for a kindergarten teacher is included in the second category of teaching staff.

The rest period for kindergarten teachers lasts 42 calendar days. Most often it is taken in the summer, although this educational institution does not have holidays, and therefore you can relax at any time.

Leave without pay

Once every ten years, educators can take a long vacation, the maximum duration of which can be 12 months. This time is also unpaid, but the positive point is that the vacationer retains his job and position.

Every year, in addition to the next extended vacation period, educators can also take unpaid days. This right is granted to all workers to solve personal problems that arise during the year. According to legislative norms, workers not included in special categories are entitled to up to two weeks a year, which can be taken without pay. Anything taken from above will lead to a recalculation of the total length of service and a change in the start of the new vacation period.

Leave without pay is taken only with prior agreement with management. At the same time, the employer has the right to both approve it and refuse to exercise this right if the vacation disrupts the learning process and negatively affects the overall work of the educational organization.

Annual unpaid leave is not subject to refusal only for the following categories:

1. Participants of the Second World War, who can take up to 35 days once a year once a year or in parts.
2. Teachers who have reached retirement age can freely take two weeks a year.
3. The spouse or parents of military personnel are also entitled to 14 days of additional rest.
4. Employees with a disability certificate – up to two months per year.

This rule is specified in Article 128 of the Labor Code of the Russian Federation.

There are a number of cases when days without pay are provided to employees without fail. Such rules relate to special life moments that are prescribed by law:

1. Birth of a child.
2. Death of a loved one.
3. Wedding.

If any of these cases occurs, 3 to 5 days are allocated at your own expense.

The procedure for providing and calculating vacation pay

When going on another vacation, a kindergarten teacher can count on payment of benefits accrued to him according to the following formula: SZ = (ZP\12\29.3) * 42, where:

• Salary – the total salary of a subordinate for the year, taking into account bonuses, allowances and overtime;
• 12 – number of months in a year;
• 29.3 – coefficient showing the average number of days in a month;
• 42 – duration of leave for the teacher.

Simply put, to calculate vacation pay, a manager just needs to calculate the average daily income of his subordinate and multiply it by the number of days of legal rest.
The boss must hand over the resulting amount to the employee no later than 2-3 days before his departure. We found out how many days leave lasts for kindergarten teachers, and under what circumstances this period may increase. In conclusion, it remains to add that preschool educational institutions employees are a preferential category of employees, to whom the Labor Code of the Russian Federation treats with special reverence. Therefore, violation of their rights can result in a serious fine or even removal from their position for the manager.

Formula for calculating vacation pay

Vacation pay is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation, Government Decree No. 922 of December 24, 2007, as amended. The calculation is based on the average salary of the employee and the period of time worked.

When calculating the amount of average earnings (AE), the following is taken into account:

1. The amount of total earnings (EP) for the billing period (taking into account remunerations, allowances, bonuses, payments for length of service).
2. Billing period (calendar year 12 months).
3. Average number of calendar days (29.3).

Writing an application

An application to a kindergarten for a child’s summer leave is drawn up in free form.
True, there are several rules for writing it: - it is written in the name of the head of the preschool institution;

— in the upper right corner his full name and kindergarten number are indicated;

- in the same column, below, the applicant leaves his contact information;

- then the word “Statement” is written in the center;

— the text of the statement itself begins with a red line;

— the following information is placed at the bottom of the sheet: date, signature of the parent/legal representative, transcript of the signature.

The application form itself for leaving a child in kindergarten is arbitrary. But its text must reflect information about the child’s first and last name, date of birth, group number, and length of absence from kindergarten.

If the kindergarten administration has provided the opportunity to fill out a ready-made application form for a child’s leave in kindergarten, this makes the task easier for parents and saves them from unnecessary worries.

Who to submit to

An application for leave to kindergarten is written by one of the parents or a legal representative. The application is submitted to the group teacher, and then goes to the head of the kindergarten. If for some reason the teacher does not accept the certificate, you should contact the head of the preschool educational institution directly. If the head is absent, you can contact the preschool medical center.

A parent has the right to request the manager’s phone number if she is absent from the workplace for more than 2 days in a row.

The application is written in one copy, but to be on the safe side, the application can be written in 2 copies, one of which you can take for yourself after the teacher or the head of the institution signs it.

General rules

Municipal preschool educational institutions, or more simply put, kindergartens, are enterprises in which the rights and obligations of each party are reflected in the contract.
This is what the parents or legal representatives of the child sign when they register him or her in a child care institution. “Does everyone read this document” is a rhetorical question and completely irrelevant to the topic. Nevertheless, it is precisely in it that the information is written that adults representing the interests of the child have the right to take him out of the kindergarten for a period of up to 75 days while maintaining his place. This time period can be divided into parts, rather than being selected entirely in one period. Filling out an application to a kindergarten for a child’s leave is already the responsibility of the parents. Even if you have an excellent relationship with the teachers and writing such a piece of paper seems like an ordinary bureaucratic delay, a verbal warning is not enough. Based on the application received, the administration issues an order to remove the child from meals and retain his place not only in the kindergarten, but also in his family group for the entire vacation period. By the way, the legislation of the Russian Federation provides for a period for granting the child a vacation period even in cases where there is no such clause in the contract. In this case, the child’s vacation can last no more than 70 days.