Vacation for working pensioners - benefits, additional days of rest and registration of vacation

Additional paid leave for working pensioners

Despite the fact that reaching retirement age presupposes the assignment of a pension, people often continue to work. Many of them are wondering whether working pensioners are entitled to additional leave, because with age, health deteriorates and productivity decreases. The answer is contained in labor laws.

In accordance with Part 2 of Art. 115 of the Labor Code of the Russian Federation, annual leave (the duration of which is 28 days) can be increased for certain categories of citizens, the list of which is determined by law. There are no pensioners as such on this list. Additional leave for working pensioners may be provided on a general basis, which includes:

• work in harmful or dangerous conditions (Article 117 of the Labor Code of the Russian Federation);
• performance of work under special conditions (Article 118 of the Labor Code of the Russian Federation);
• carrying out labor activities during irregular working hours (Article 119 of the Labor Code of the Russian Federation);
• work in the Far North (Article 116 of the Labor Code of the Russian Federation), etc.

See also “Rules for granting additional leave for hazardous working conditions.”

During the period of self-isolation, working pensioners 65 years of age and older were sent to quarantine. Such employees are issued sick leave, which is paid for from the Social Insurance Fund.

ConsultantPlus experts answered the most frequently asked questions related to payment and receipt of such sick leave:

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Types of vacations and duration in 2020

Chapter 19 of the Labor Code of the Russian Federation stipulates all possible options for the vacation period. In our country, working pensioners are provided with the following types of leave:

• Annual paid - is due to all working citizens in the amount of 28 calendar days annually if the person has worked for more than 6 months at the enterprise.
• Additional paid – the duration depends on the nature of the work activity.
• Without pay (unpaid) - for a good reason and in agreement with the manager. Based on a written application, the employer is obliged to provide the pensioner with such vacation days. Depending on the type of pension received, the period of rest varies from 14 to 60 days.

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Additional paid

According to the law, the work activities of pensioners can be classified as special types of labor, since these people decided to continue working even though they had the right to legal rest. For this reason, additional vacation time is provided for this category of persons. Such a period can be fully or partially added to the main days of rest.

Articles 116–119 of the Labor Code of the Russian Federation regulate issues related to additional paid time. At the request of the employee, this period can be replaced with monetary compensation. The limitation on such payment applies only to those working in harmful and dangerous industries. The number of additional days depends on the category to which the pensioner belongs:

The Labor Code of the Russian Federation provides for the ability of employers to independently set additional vacation time, if this does not contradict the law. At the same time, the company must have the financial and production capabilities to provide such days. The procedure and conditions in this situation are regulated by local regulations or collective agreements drawn up taking into account the opinion of the trade union.

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Leave without pay for working pensioners

Unpaid additional leave for working pensioners is provided under the conditions specified in Article 128 of the Labor Code of the Russian Federation. Such rest is due to citizens receiving a pension not listed in Articles 116–119 of the Labor Code. The number of additional days provided for different categories of persons is presented in the following table:

Article 128 of the Labor Code of the Russian Federation explains that rest without pay for a period of 2 weeks is entitled to all age pensioners, former military personnel and other persons, except for disabled people, veterans and equivalent categories of citizens. An employer does not have the right to recall an employee from unpaid leave. This is only possible in case of force majeure. Only 14 days of this vacation period are counted towards the insurance period.

Additional leave for pensioners at the initiative of the employer

The possibility of providing additional paid leave to working pensioners in 2020 is established by the provisions of a collective agreement or local act in force at the enterprise, or an employment contract concluded with a specific employee. In this case, the duration of the rest period and the conditions under which it is provided are determined by the employer.

Employees have the right to propose changes to the collective agreement that will allow pensioners to receive additional days of paid leave. However, the employer may consider such a proposal irrational and refuse to include the proposed changes in the collective agreement.

What types of vacations are pensioners entitled to?

While working in a company, a pensioner has the right to take various types of vacations. These include:

Another paid one

This leave is granted to citizens at the rate of 2.33 days for each month worked. It is provided to company employees according to a schedule approved by the enterprise (for example, in summer and winter).

For the first time, you can count on it if the employee works at the enterprise for at least 6 months. The total duration of this period according to general rules is 28 days. The worker can break it into parts, or use it all at once.

Additional leave at your own expense

Legislation establishes the right of a retired employee to submit an application to his employer for leave at his own expense.

In this case, this document will be of a notification nature only; management consent is not required. The total duration of additional leave at their own expense for working pensioners is 14 days. Vacation pay for such vacations is not paid.

The employee can take this period immediately, add it to the main vacation, or split it into parts.

The employee may subsequently reapply for leave without pay. However, a period beyond 14 days will be provided at the request of management. It is also necessary to remember that rest days without pay beyond 14 days will not be included in the length of service.

How to exercise the right to receive additional days of rest

The personnel department of the enterprise keeps records of employees entitled to receive additional days of rest (regardless of whether they are pensioners or not). If a pensioner is, for example, disabled, a personnel employee will remind him that he is entitled to increased leave. To exercise the right, you must:

1. Write an application for leave. As a rule, additional leave is provided to the employee along with the main one, so it is not necessary to separately declare the desire to use it.
2. Submit the application to the employer or the human resources department (if available).
3. Read the leave order.

Find out how to go on vacation without pay here.

Leave for pensioners without payment of benefits

According to Article 128 of the Labor Code of the Russian Federation, in addition to the main annual leave, an employee of retirement age is entitled to rest days without payment of benefits for a period of two weeks (14 days). An employee, if he is a pensioner, can take unpaid vacation days at his own discretion at any time by submitting an application to the management of the enterprise. In comparison with the main leave, which is subject to mandatory approval by the employer and provided in accordance with the drawn up schedule, unpaid leave must be provided during the year at the first request of the oldest employee; it does not need to be agreed upon with management.

Important! It is illegal to recall a pensioner from vacation ahead of schedule, except in cases of force majeure.

All pensioners have the right to leave without pay, regardless of the conditions and nature of work, as well as its schedule. The duration of free rest depends on the status of a working pensioner. For example, if he is disabled, then in addition to the main vacation, he is entitled to 60 additional days of vacation every year without payment of benefits. WWII veterans are given 35 days of rest.

Additional leave for pensioners to undergo medical examination

On January 1, 2020, a new article appeared in the Labor Code - 185.1, the provisions of which provide working pensioners with another privilege - the right to receive additional non-working days to undergo a medical examination. Formally, this type of rest is not a vacation - the employee can only use it to undergo examination at the clinic. It will not be possible to take time off and use it for personal purposes.

Exemption from work can be obtained once a year for two days. To do this you will need:

• decide on the time of medical examination (to do this, you should contact the reception of your clinic in advance);
• notify the employer of the need to provide additional days of rest in writing by writing an application.

Based on the application, the employer draws up an order - this document is the official basis for the pensioner’s absence from the workplace and the calculation of his average earnings.

Days for medical examination of working pensioners must be taken into account in the vacation schedule. Find out what nuances to consider when drawing up a document in the review from ConsultantPlus. If you don't already have access to the system, get a free trial online.

Benefits and medical examination

Since the beginning of 2020, retired employees of organizations have been provided with an additional benefit, which allows them to receive two additional days to undergo mandatory medical examination once a year. The format is as follows:

• the employee coordinates the days with the medical institution;
• writes a statement addressed to the manager;
• agrees on dates convenient for medical examination;
• receives an order.

These days are not deducted from the main vacation. It is worth considering that the manager has the right to check extracts from medical institutions in order to make sure that the additional days off were spent as intended.

A working pensioner, like all other citizens, has the right to rest during the year, and also, if necessary, take vacation at his own expense.

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Results

So, pensioners are entitled to additional leave only on a general basis. For example, if a worker of retirement age works in the Far North, in hazardous production, or in other conditions that differ from normal ones. It is possible to take a vacation whose duration exceeds the limit established by the legislator, but the employer will not pay wages for it. The maximum duration of rest “without pay” that the employer is obliged to provide to the employee is two weeks. In addition, the employee has the right to paid time off to undergo a medical examination - such a reason for not attending work is not a vacation in the usual sense of the word, but it will allow him to receive an average salary during his absence from the workplace. Thus, the pensioner will not be able to rest more than he should - the legislator does not provide additional paid leave for persons who have reached retirement age and do not have benefits.

Sources: Labor Code of the Russian Federation

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Rights of working pensioners under labor law

A retired person has the same rights as regular employees.
Such an employee has the right to receive remuneration for his work, if there is a period worked, to receive paid leave, etc. If a pensioner decides to get a job after retirement, his candidacy will be considered on a general basis. In accordance with the law in our country, discrimination is prohibited.

If a pensioner decides to terminate the employment contract, he can exercise the right to dismissal at a time convenient for him, without working due to reaching retirement age.

However, such a right exists only once. If you use it, such a person will be able to resign in the future only on a general basis.

In addition, working pensioners can count on receiving additional leave at their own expense.

Registration procedure

To provide additional days of rest at the place of work, the pensioner must write an application in any form. At the same time, the law requires a compelling reason confirming the need for temporary release from work.

As practice shows, employers have a positive attitude towards additional rest periods only if previously agreed upon. If urgent, unforeseen work occurs, the vacation may be postponed by the manager to another time.

All types of payments and additional payments to pensions for working pensioners in 2019