How is additional leave for medical workers calculated?

Amount of additional leave for health workers

Amount of additional leave for medical workers
So, according to Resolution No. 482, additional leave is granted to:

1. For healthcare workers providing mental health care to patients:

• executives, doctors with irregular working hours, medical psychologists, housewives and medical staff whose work is related to the direct provision of care to patients - for 35 calendar days;
• for laboratory personnel - for 21 days;
• for dieticians, nurses and receptionists - for 14 days.
• chief nurse - 28 days;

• To specialists providing anti-tuberculosis care:
• all medical personnel without exception, including medical psychologists - for 14 calendar days;
• TB doctors performing x-ray diagnostic studies - for 21 days.
• For specialists who work directly with HIV-infected people and come into contact with materials containing the virus - for 14 calendar days.

If an employee is provided with additional leave for several reasons, it will be granted for one of them.

It is important to say that even if the organization has not carried out a special assessment of working conditions (which, of course, is a violation on the part of the employer), the provision of these leaves is mandatory. If such leaves are not provided, sanctions provided for by the Code of Administrative Offenses may be applied to the employer and its officials responsible for these violations.

Other regulations establishing the duration of additional vacations

In addition to the above-mentioned List, several regulations have been adopted establishing the duration of additional leave for certain categories of medical workers.

For example, by Decree of the Government of the Russian Federation of December 30, 1998 No. 1588, general practitioners (family doctors) and nurses of general practitioners (family doctors) established an additional annual paid 3-day leave for continuous work in these positions for more than 3 years.

The duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions for medical workers involved in the provision of mental health care, directly involved in the provision of anti-tuberculosis care, diagnosing and treating HIV-infected people, as well as persons whose work is related to materials, containing the human immunodeficiency virus is established by Decree of the Government of the Russian Federation of June 6, 2013 No. 482.

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Table of the duration of additional leave for medical workers in accordance with Decree of the Government of the Russian Federation dated 06.06.2013 No. 482

Medical positions

Number of vacation days

Health professionals involved in mental health care

Doctor (including a doctor holding the position of manager, deputy manager, whose labor (official) responsibilities include providing psychiatric care and who has an irregular working day, the head of a structural unit is a medical specialist), nursing and junior medical personnel (except for medical statistics ), medical psychologist

Chief nurse

Clinical laboratory diagnostics doctor, laboratory doctor (including laboratory director), laboratory assistant, medical laboratory technician (paramedic laboratory assistant), laboratory orderly

Dietitian, dietary nurse, medical registrar, hostess sister

Medical workers directly involved in the provision of anti-tuberculosis care

Doctor (including a doctor holding the position of a manager, whose labor (job responsibilities) include direct participation in the provision of anti-tuberculosis care, the head of a structural unit - a medical specialist), nursing and junior medical personnel, a medical psychologist

A phthisiatrician who systematically performs X-ray diagnostic studies

Medical workers diagnosing and treating HIV-infected people, as well as persons whose work involves materials containing the human immunodeficiency virus

Doctor (including a doctor holding the position of a manager, whose labor (official) responsibilities include diagnosis and treatment of HIV-infected people, the head of a structural unit - a specialist doctor), nursing staff performing diagnosis and treatment of HIV-infected people, medical psychologist

Clinical laboratory diagnostics doctor, laboratory doctor (including laboratory director), laboratory assistant, medical laboratory technician (paramedic laboratory assistant), laboratory orderly

Junior medical staff caring for HIV-infected people

Persons whose work involves materials containing the human immunodeficiency virus

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Calculation features

Before turning to accounting calculations, you need to take into account several personnel features of calculating the number of calendar days of allotted leave, both basic and medical.

Firstly, you need to pay attention to the norms of Article 121 of the Labor Code of the Russian Federation. She found that not all periods are included in the length of service giving the right to annual leave.

Such periods may be:

Secondly, when calculating additional leave on the basis of Article 117 of the Labor Code of the Russian Federation, only those periods of work during which the employee was actually at the workplace should be taken into account.

That is, periods related to temporary disability, parts of annual leave for the previous year or other periods during which the employee retains his job are not included in the calculation of additional leave.

In order to calculate the vacation of medical workers in 2019, we use the norms of Article 139 of the Labor Code of the Russian Federation. It was amended in 2020 in terms of changing the calculation coefficient, which was previously 29.4, and now stands at 29.3.

First, you need to calculate the average daily earnings based on the wages received by a health worker over the last year. This is done by adding all the charges, which are divided by 12, and then divided by 29.3.

The amount received is multiplied by the number of calendar days of vacation provided, and this is how vacation pay is calculated.

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Are pensioners entitled to additional leave? Read here.

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.

Next, the resulting figure is multiplied by the total number of days of the upcoming vacation, resulting in the amount of vacation payments to the employee.

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.

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.

Features of providing additional leave

Features of granting additional leave
The duration of additional leave is calculated in calendar days, not in working days. The exception is holidays. Payment of compensationCompensation for unused vacation days upon dismissal is calculated in the same way as vacation pay for annual leave. Examples of calculations can be found in this article

A health worker has the right to receive monetary compensation for additional paid leave, in addition to the mandatory seven days.

When a health worker is dismissed, the medical institution is obliged to pay him compensation for unused additional leave.

Additional leaves for medical workers in 2018 - 2020. How much vacation do doctors have?

The duration of the main vacation for doctors is 28 days. When it comes to additional leaves for medical workers in 2020 - 2020, it is worth noting several differences from the legislation of previous years, which was in force before the enactment of the Russian Government Decree “On the duration of the annual additional paid leave for work with harmful and (or) dangerous working conditions provided for certain categories of workers" from No. 482.

Based on current legislation, additional paid leave is provided in accordance with the above-mentioned List after a special assessment of existing working conditions in agreement with the trade union body (if there is one at the enterprise).

If the profession of an individual health worker is not on the List, that is, the minimum duration of his additional paid leave has not been officially established, leave will be granted according to the general rule.

Speaking about the minimum additional paid leave for workers who are engaged in harmful and dangerous work, it should be noted that it is 7 days. This period may be extended on the basis of a collective agreement or other local acts of the organization.

Therefore, it turns out that all health workers whose work involves harmful and dangerous working conditions, but for whom a special duration of additional paid leave is not established, have the right to count on another 7 days of rest.

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If the profession of a health worker is one of those listed in Resolution No. 482, the duration of his rest should not be less than that established by this legislative act.

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 length 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.

In what cases is a medical worker entitled to additional leave?

Article No. 350 of the Labor Code of the Russian Federation indicates that the employer is obliged, by joint agreement, to provide additional days of vacation to certain categories of doctors and their personnel, while the number of days and its duration are regulated by the Government of Russia, which is reflected in regulations and orders. The professions and positions that qualify for it are described in more detail in the Labor Code of the Russian Federation, Article 116:

• doctors and employees who, due to their duties, are engaged in work with conditions that are life-threatening and/or harmful to their health;
• doctors and staff with specific conditions;
• with irregular schedules and working hours;
• doctors and employees who perform their duties in special conditions, for example, in the Far North, or in conditions that may be equivalent to it;
• other personnel.

Additional leave for medical workers for harmful working conditions

Since any honey referral is somehow equated to harmful conditions, the Labor Code of the Russian Federation in its Article No. 117 gives separate instructions on the minimum duration of additional leave for doctors - 7 days, which, in addition, the employer must pay for. At the same time, the government bodies of the Russian Federation have established a list of doctors and their professions who have the right to a limited excess of additional duration. recreation. The list includes not only doctors, but also personnel involved in certain areas of work:

• psychiatrists and their staff, as well as the hostess sister who is directly involved in caring for patients - 35 days;
• The head nurse is entitled to 28 extra. days;
• TB doctors, as well as laboratory assistants of all levels – 21 days;
• other doctors - dentists, local doctors, as well as employees receive 14 days.

Download the Labor Code of the Russian Federation

Procedure for granting leave

Labor legislation has developed certain rules that employers and employees must adhere to when taking vacations:

1. To obtain the right to use holidays, you must work for 6 months. But if a pregnant woman was employed, she can exercise her right on the first day.
2. Any type of vacation pay is provided only upon receipt of a corresponding application from the employee. Also, the employee must adhere to the established schedule, according to which all employees of the medical institution go on vacation.
3. An employee has the right to combine all the days of his allotted vacation or split them at his own discretion. But it is important to adhere to the rule that the first period must be 14 days or more.
4. The employee is required to accrue vacation pay no later than 3 days before he goes on vacation.

In case of violation of this legislation, employees have the right to protect their rights in court.

1. whose work involves hazardous conditions;
2. employees whose schedule is not standardized in time;
3. workers living in cold and not very favorable regions of the Far North.

Note! The duration of additional rest for doctors is determined according to the same scheme as for workers with an irregular (more than hourly) work schedule, or those workers who perform professional duties in conditions that can harm their health.

Regarding the next vacation, that is, the right to receive it, we can conclude the following: medical employees who have worked in a particular institution for six months or more can count on legal vacation. For pregnant women, length of service is calculated from the very first day of their working activity. All healthcare workers go on vacation according to a schedule developed by the organization’s management.

At the employer's discretion, both leaves are sometimes given to the employee at the same time, but due to operational needs they can be provided in stages. The only requirement that must be met by the employer is that the minimum vacation period should not be less than two weeks.

As a rule, health workers, like other workers, must receive funds for the upcoming vacation before the start of the rest period, but no later than three days before the date approved by the order.

Knowing the basic provisions of the Labor Code, any medical specialist will be able to find out how much time he will be able to devote to rest each year, and how many additional days will be allocated to him in the light of new changes.

Additional leave for medical workers is calculated as follows. When calculating the total duration of annual paid leave, additional paid days off are summed up with the annual main paid period. Annual additional paid leave is provided in calendar days and is not limited to a maximum limit. Non-working holidays are not included in the calculation period.

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Vacation is provided according to a schedule approved by the employer, which includes information about both the main and additional paid periods. The schedule is mandatory for both the employer and the employee (Part 2 of Article 123 of the Labor Code of the Russian Federation).

If a medical worker goes on vacation in accordance with the schedule, he does not need to write an application for leave. In other cases, filing such an application is necessary.

Additional days can be taken either together with the main paid leave or separately from it. By agreement between the medical professional and the employer, the vacation can be divided into parts. In this case, at least one of the parts must be at least 14 calendar days

For this category of health workers, this period ranges from 6 to 12 days (working days).

On October 3, 2020, the State Duma adopted Law No. 353 Federal Law, which was subsequently signed by the President of the country.

This document states that absolutely all citizens with official employment have the right to count on receiving additional, as well as annual/main leave. This legislative act supplemented the previously existing Article 185.1.

However, some categories do not have the privilege of additional leave, especially if their work schedule in a medical institution is drawn up taking into account the correct length of daily work time.

The professions and positions that qualify for it are described in more detail in the Labor Code of the Russian Federation, Article 116: doctors and employees who, due to their duties, are employed in work with conditions that are life-threatening and/or harmful to their health;

For example, nurses caring for children under 3 years of age are required to work a 6-hour working day. ——————————— Resolution of the Council of Ministers of the USSR of April 12, 1984 N 317

Leave for “harmfulness” The legislator took care not only of reduced working hours, but also of providing certain categories of medical staff with additional leave (Article 350 of the Labor Code of the Russian Federation). Such leaves are provided to healthcare workers employed in jobs with harmful or dangerous working conditions.

Lists of industries, jobs, professions and positions in which work gives the right to additional leave for work under harmful or dangerous working conditions, as well as the minimum duration of these leaves and the conditions for their provision must be approved by the Government of the Russian Federation, taking into account

Medical workers are singled out there separately. But provided that the working conditions of such a specialist, based on the results of the inspection, are higher than the first degree.

Then the duration of additional leave will be at least a week. These conditions are specified in an individual contract with the employee.

And then, once every 5 years, the compliance of the employee’s working conditions with one of the complexity categories is checked. If the employee wishes, additional days can be replaced with monetary compensation. Features Minimum additional period. vacation for all health workers is 3 days.

But for this you need to have at least 3 years of experience. This category of employees includes:

1. general practitioners and their nurses;
2. visiting staff in the form of family doctors, nurses;
3. therapists and their nurses.

Employees working in infectious disease treatment departments can earn an additional 6-12 days.

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Categories of healthcare workers who are entitled to medical leave

Despite the specifics of the medical industry, not all categories of medical workers have the right to leave on the basis of federal legislation.

However, taking into account the peculiarities of the work of doctors - irregular work, the presence of harmful factors in the workplace, as well as the special type of work - the employer has the right to establish additional leave in the local regulations of the medical institution.

Based on Decree of the Government of the Russian Federation No. 1588, the following have the right to additional medical leave of 3 calendar days if they have at least three years of work experience in this industry:

• general practitioners;
• family doctors;
• nurses of general practitioners or family doctors.

Based on Decree of the Government of the Russian Federation No. 482, the following categories of medical workers have the right to medical leave of varying durations:

Based on the certification of workplaces, which is carried out once every five years, leave in the presence of harmful factors can be established for medical staff in the presence of working conditions classified as hazardous category No. 3 from 2nd degree, as stated in Article 117 of the Labor Code of the Russian Federation.

With a hazard code of 3.2, a healthcare worker has the right to additional leave of a minimum duration of 7 days, and on the basis of industry agreements or other regulations, the amount of medical leave may be greater.

Let’s say, how to calculate the number of days of medical leave for a nurse in a kindergarten, because the educational institution has completely different regulations?

In accordance with paragraph 174 of section 40 of the Resolution of the USSR State Committee for Labor No. 298/P-22, which approves the list of hazardous industries, nursing staff of educational institutions have the right to medical leave of 12 days.

The norms of this Resolution are applicable on the basis of Article 423 of the Labor Code of the Russian Federation. It established that legislative acts issued during the USSR period are subject to application if similar norms have not yet been issued in the Russian Federation.

Resolution of the USSR State Committee for Labor No. 298P-22

In this situation, given that the List of positions of medical personnel eligible for medical leave has already been published (Government Decree No. 482), it is possible to apply clause 174. However, this is allowed on the condition that, in accordance with Article 117 of the Labor Code of the Russian Federation, the nurse’s workplace in a kindergarten has a hazard code of at least 3.2.

This is precisely the decision that the Supreme Court came to in its Resolution No. AKPI12-1570 of the city. Based on judicial practice, employers of many institutions can adopt a similar principle for calculating the number of days of medical leave for their own staff.

Decision of the Supreme Court of the Russian Federation No. AKPI12-1570

By analogy with the situation described above, it is possible to establish leave for physicians employed in other industries, which, in accordance with Government Decree of the Russian Federation No. 877, are classified as employees with a special nature of work, as stated in Article 118 of the Labor Code of the Russian Federation.

How many days is vacation after 6 months of work? Read our article.

Are minors entitled to leave at their own expense? See here.

Is it possible to take a vacation and then be laid off? The answer is here.

Vacation pay

The work of a doctor has one very important feature - it can be irregular. It is also possible that there are harmful factors that arise in the process of activity, a special type of work. In these cases, the employer has the right to set the terms of additional vacations. This information must be additionally recorded by creating a local act.

Government Decree No. 1588 contains information that certain categories of workers can count on 3 days of vacation.

It is important that the experience in the field of medicine must be 3 years or more.

This group of workers includes:

• nurses;
• general practitioners;
• family doctors.

Other categories of employees may qualify for more vacation days.

Several categories of employees can apply for additional leave for medical workers. In this case, the period of such rest may be:

1. 35 days for a doctor - psychiatrist, medical personnel, psychologist.
2. 28 days for the head nurse working in a psychiatric clinic. All specialists should work in a field such as psychiatry.
3. 21 days for clinical laboratory staff in psychiatry and x-ray room staff involved in anti-tuberculosis care.
4. 14 days for a dietitian, as well as a medical registrar in a psychiatric hospital. Doctors and nurses at tuberculosis dispensaries also have the right to additional leave for doctors of the same duration; organizations specializing in helping people with HIV and diagnosing the disorder; personnel of clinical laboratories of institutions of this type, this applies to psychologists and persons who work with materials containing HIV.

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Based on data obtained during the workplace certification process (must be carried out once every five years).

Additional leave for medical workers is provided if the commission has confirmed the harmfulness of the conditions of their work, classifying them as categories 2 and 3.

This is important, since categories 2 and 3 guarantee that the employee will receive vacation, the minimum duration of which is 7 days.

If regulations are drawn up and additional labor agreements are concluded, then the number of additional vacation days provided may be increased.

Providing leave of any category (both main and additional) is possible only after agreeing on the time. Each institution has a vacation schedule, which is drawn up in advance, most often in December of the previous year.

The document must be completed by the middle of the month, but the deadlines can be flexible: the specifics of the medical institution play a big role in this.

We should not forget that when drawing up a schedule for providing annual paid leave, management must take into account the wishes of each employee and implement them fully (as far as possible). If necessary, the vacation of medical workers can be divided into two or three parts, but there are cases when an employee was on vacation 4-5 times within one year.

Each of the periods was short, but the minimum duration could not be less than 14 days. As an illustration, consider this example. A certain nurse working in a psychiatric clinic is entitled to 56 days of leave.

She expressed her wish to management that her vacation be divided into four parts, each lasting 14 days.

To do this, the employee notified management through a statement during the scheduling process.

Interestingly, the nurse asked to transfer the unused part of the vacation to other periods.

Two weeks before the due date, the organization’s personnel specialist notifies the employee about the impending onset of vacation, prepares an order for review, and 3 working days before the start of the period (and no later) undertakes to make vacation pay payments.

You can do a preliminary calculation of vacation pay yourself, without the help of an accountant working in the institution. To do this, you should take into account some features of calculating days worked for which an employee is entitled to leave.

It is important that not every working period can be taken to calculate the amount of vacation pay (and, accordingly, the amount of average earnings).

Exceptions will be:

• the employee has had administrative leave in the past year that lasted more than two weeks;
• confirmed fact of absence from work (absenteeism);
• the fact of removal from activity for reasons provoked by the employee himself.

Thus, for the actual calculation of the amount of vacation benefits, only periods during which the employee did not leave the workplace can be used.

If during the year the employee provided a certificate of temporary disability, then this period will also be deducted from the total number of days worked.

The following periods are also not included in the calculation of vacation pay:

• the used part of the vacation for the previous calendar year;
• days of absence with job retention.

Vacation pay should be calculated based on Article 139 of the Labor Code of the Russian Federation. In it you can find formulas according to which benefits must be paid.

In 2014, the calculation coefficients were slightly changed: the calculation coefficient changed from 29.4 to 29.3. The coefficient should be applied to average daily earnings.

It is calculated based on the sum of all money received for work, divided first by 12 and then by the above number.

The result will represent the benefit amount for one day of vacation. To get the final result of the calculations, you should multiply the number by the number of vacation days.

For medical workers, a reduced working time of no more than 39 hours per week is established. Depending on the position and or specialty, the working hours of medical workers are determined by the Government of the Russian Federation. For medical workers of healthcare organizations living and working in rural areas and urban settlements, the duration of part-time work may be increased by decision of the Government of the Russian Federation, adopted taking into account the opinion of the relevant all-Russian trade union and all-Russian association of employers.

Thus, the time when the employee was absent from work for valid reasons, for example during maternity leave, or the time women performed light work in connection with pregnancy, is not included in the specified length of service. Moreover, only those days are counted on which the employee was actually employed in these conditions for at least half of the working day established for employees of a given profession or position.

However, this is allowed with the condition that, in accordance with Art. Based on judicial practice, employers of many institutions can adopt a similar principle for calculating the number of days of medical leave for their own staff. How many days is it? Read our article.

According to Russian labor legislation, employees whose work activity involves working in harmful or dangerous conditions are entitled to various social guarantees. These include additional leave for medical workers per year, since activities in the field of healthcare can be considered dangerous or harmful.

The right to medical leave for some categories of healthcare workers may arise for several reasons, namely:. Categories of healthcare workers who have the right to medical leave Despite the specifics of the medical industry, not all categories of healthcare workers have the right to leave on the basis of federal legislation.

Attention Duration of additional leave for dentists The specific duration of the working day and additional leave of these employees depends on the type of your medical institution: polyclinic, infectious diseases hospital, psychiatric treatment and preventive organization, etc.

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Every working person in our country deserves the right to rest. This aspect is usually regulated by both labor legislation and internal regulations of the organization. In this article we will consider the main aspects of vacation of medical workers in educational institutions. To whom and when is it due?

Doctors are given 28 days of leave plus 14 additional days. Additional leave may be greater for those doctors whose work is associated with occupational hazards, or whose professional activity is in some way dangerous. The list of such positions is approved by the Government of the Russian Federation.

For example, the vacation was extended for doctors in anti-tuberculosis departments and those who work with people suffering from alcoholism and drug addiction for 30 days. An even longer vacation for doctors whose activities involve contact with definitely infectious material and the production of bacterial preparations is 36 days.

Medicine, like all other sectors of the national economy, in the field of work and leisure is guided by the Labor Code. Therefore, it is the basic document for searching for certain types of guarantees and compensation for workers who are in harmful and partly dangerous working conditions in medical institutions, as well as government regulations adopted on its basis.

When considering what the law should be for the duration of leave for medical workers, it is worth considering the following. Unlike teachers, the amount of full period of basic leave for doctors was not increased at the legislative level - it remained at around 28 calendar days. Everything else here is regulated by additional rest, which directly depends on the conditions of the working environment and the presence of harmful factors in them.

Additional leave – annual paid days of rest provided to medical workers for harmful working conditions of 2, 3 or 4 degrees or dangerous working conditions identified as a result of a special assessment of working conditions.

1. family doctors;
2. nurses, general practitioners and family doctors.
3. general practitioners, therapists;

Main holiday

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 have an impact, 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:

• Level 1 – work activity leads to minor changes in the human body, health is restored in the absence of connection with the production cycle;
• Level 2 – there are factors in production that cause changes of a regular nature, which causes chronic illnesses with a working process duration of 15 years or more;
• 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:

1. Physical. Dust, radiation (thermal, solar), air humidity, wind, vibration, impulses, lighting (excessive, insufficient).
2. Chemical. Biological, chemical substances.
3. Biological. Bacteria, microorganisms, spores.
4. 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.

Duration of leave for medical workers in 2019

Basic provisions of the legislation on the provision of leave, incl. doctors and medical workers in the Labor Code of the Russian Federation remained unchanged: duration 28 days with the possibility of additional. days, the right to the latter is granted only under special working conditions, for example, harmful and/or life-threatening. However, some categories do not have the privilege of additional leave, especially if their work schedule in a medical institution is drawn up taking into account the correct length of daily work time. These are, for example, employees who dispense prescription and over-the-counter medications.

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.

Additional days

Resolution 482 establishes the categories of medical workers who have the right to claim an additional period of rest. Employees whose work is related to general practice, as well as family doctors, should be given a three-day increase in vacation if they have been working for at least three years.

Article 117 of the Labor Code establishes the duration of additional rest for employees working in hazardous conditions. They must be granted leave of a minimum duration of seven days.

The list of employees whose activities relate to hazardous working conditions includes:

• workers of psychiatric medical institutions (managers are given an additional thirty-five days, doctors - two weeks, and laboratory assistants can count on three);
• employees of tuberculosis dispensaries, sanatoriums and hospitals - they are provided with fourteen days in addition to the annual compulsory vacation period;
• X-ray room workers: both doctors and nurses can count on an additional three weeks;
• employees of medical institutions who come into contact with people with AIDS have the right to receive additional rest for two weeks;
• veterinarians whose activities are related to representatives of the animal world suffering from tuberculosis or contaminated biomaterials.

The basis for providing additional rest will also be an irregular work schedule. In this situation, the employee can count on three days of vacation.

Working in the Far North also provides a medical worker with the right to increase annual rest for a period of sixteen to twenty-four days.

Important! You should know that the number of days is not summed up; the increase is made only on one of the bases.

In addition to federal regulations, institutions adopt their own local regulations. An agreement between the employer and the team of employees can establish a mechanism for providing additional rest, a list of positions, as well as the duration of the vacation period and payment.

How is vacation pay calculated and paid for doctors?

If working conditions give you the right to receive additional paid leave, then it is important to understand how they will be paid. Exact numbers will help you decide whether to go to work earlier than expected and receive appropriate compensation for the extra days, or whether you should take a good rest before the end of the vacation period.

It is possible to make an accurate calculation with the help of an accounting employee. For the calculation, the average monthly income is determined, from which the employee’s daily earnings are calculated. This indicator is multiplied by the number of days of rest, resulting in the total amount of final payments for the vacation period.

The number of days of additional paid leave is also affected by the length of service of the health worker, labor and collective agreements, as well as the decision of the administration of the healthcare institution.

To qualify for an additional vacation period, you must work for at least 1 year. This privilege is not provided as an advance.

Types of vacations

The annual leave of medical workers is conventionally divided into two periods: main and additional.

The right to basic full-length leave for a medical worker, as well as for categories of workers in other industries, arises after six months of continuous work, as stated in Article 122 of the Labor Code of the Russian Federation.

But when granting this type of leave, not only the rights of the employee himself are taken into account, but also the vacation schedule. It is compiled taking into account the specifics of the institution, which is actually the main factor.

Article 123 of the Labor Code of the Russian Federation states that each employee is entitled to regular annual paid leave based on the schedule. Both parties are required to comply.

Consequently, even if the doctor has worked in an institution for at least six months, the main leave will be granted only within the period of 28 days established in the schedule. At the same time, an agreement should not be concluded between the health worker and management on dividing the leave into several parts.

The right to medical leave for certain categories of healthcare workers may arise for several reasons, namely:

• due to the presence of harmful factors in the medical workplace (Article 117 of the Labor Code of the Russian Federation);
• if there is a special nature of the work (Article 118 of the Labor Code of the Russian Federation);
• in the case of irregular work hours (Article 119 of the Labor Code of the Russian Federation);
• if this type of leave is established in accordance with federal legislation or on the basis of local acts of a medical institution (Article 350 of the Labor Code of the Russian Federation).

On our website you can learn in detail about the annual basic extended paid leave.
How to correctly calculate the duration of vacation? Read here.

Main holiday

The annual leave granted may fall into one of two categories and be either basic or additional.

An employee has the right to go on basic paid leave if he has been working at a new place of work for more than 6 months.

To determine the order in which doctors go on vacation, a schedule is drawn up that takes into account the order of rest of employees. The schedule may reflect the specifics of the institution’s work, so at different times of the year different numbers of people can receive vacation. The employee is obliged to adhere to order, however, when drawing up the document, the wishes of each employee can be taken into account, if possible.

If a health worker has continuously performed his duties for six months, he can count on being granted leave in full (28 days). Management does not have the right to demand that vacation be divided into two or more parts.

Normative base

In accordance with the norms of Article 115 of the Labor Code of the Russian Federation, every worker has the right to a basic leave of 28 days.

This rule applies to all workers without exception, including doctors. But given the specific nature of the work of medical personnel, the federal level provides for the provision of additional medical leave on the basis of Article 350 of the Labor Code of the Russian Federation.

But again, taking into account the specifics of the work of each medical worker, the duration of leave varies depending on the type of position, the presence of harmful factors in the workplace, or the characteristics of employment that may accompany work activity.

This is reflected:

• in Decree of the Government of the Russian Federation No. 482;
• in Decree of the Government of the Russian Federation No. 1588;
• and in a number of other legislative acts, the norms of which the employer relies on when calculating the number of required days of medical leave.

You can download all the necessary regulatory documents on our website:

Labor Code of the Russian Federation

Decree of the Government of the Russian Federation No. 482

Decree of the Government of the Russian Federation No. 1588

How many days of vacation do healthcare workers have?

How many days of vacation do health workers have
? In addition to the main leave, health workers have the right to additional paid rest. The following categories of workers have the right to rest for more than 28 days while maintaining the average salary:

• working in unhealthy or dangerous conditions;
• having irregular work shifts;
• workers in the Far North.

Additional leave for doctors is provided for employees with irregular working hours and conditions harmful to health.

The minimum duration of additional leave for medical workers is three days . All doctors have the right to this, including:

• general practitioners, therapists;
• family doctors;
• nurses, general practitioners and family doctors.

The main condition for granting additional vacation days is that the specialist has at least three years of experience.
Medical workers of infectious and antifungal treatment institutions, personnel caring for patients, etc. have the right to additional rest for a period of 6 to 12 working days. To determine the specific duration of such leave, use the list given in Decree of the USSR State Labor Committee of October 25, 1994 No. 298.

Resolution No. 482 of June 6, 2013 a separate list of medical workers who have the right to leave over 28 days as workers in hazardous conditions has been approved.

The table shows the number of days of additional leave for health workers (certain categories of specialists).

Registration of such leave is possible after certification of working conditions. It has the right to be carried out by the Federal Medical and Sanitary Agency, which makes a conclusion about the presence of harmful or dangerous conditions in the workplace. The certification procedure is carried out once every five years. Failure to carry out certification in a timely manner may result in the employer being fined.

Additional leaves for doctors and other medical specialists may be provided for by the collective agreement of a particular medical institution. They can be both paid and without pay (read more about granting leave without pay under the Labor Code of the Russian Federation here)

Note! If a physician has the right to additional rest for several reasons, for example, as a worker in the Far North, as a psychiatrist, and for irregular working hours, then the additional days of rest are not cumulative. The length of leave is determined based on the reason for maximum rest.

An employer’s refusal to provide (additional) leave is subject to a fine in accordance with the article of the Code of Administrative Offenses of the Russian Federation.

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.

1. All regular employees receive one additional day of vacation once every 3 years.
2. Employees who have 5 years left before retirement can count on an increase in vacation time by 2 days every year if they regularly undergo a full medical examination. This rule also applies to working pensioners.

As for payment for additional days, in this case it is made according to the average earnings of the worker. Moreover, during the entire time the employee is absent from his workplace, his position is retained.

Minimum leave (additional): conditions for receiving

1. all practicing “family doctors”;
2. therapy room nurses;
3. general practitioners;
4. doctors who lead general practice to the clinic.

But this right applies to those medical specialists who have worked for more than three years in their field. When applying for additional leave, a health worker must first write a statement by hand and then coordinate his intention with the management of the institution.

Are healthcare workers entitled to it in 2020?

In accordance with current legal regulations, namely Decree No. 482 of 2020, additional leave should be provided only to certain healthcare employees.

Doctors have the right to additional days of vacation after a special assessment of their activities, the result of which must be agreed upon with the institution’s trade union.

According to the decree of the Government of the Russian Federation, the following have the right to additional leave:

• healthcare workers working in conditions hazardous to health - at least 7 calendar days;
• medical employees who hold leadership positions - 35 days;
• mental health workers caring for and treating patients, including psychiatrists - 35 days;
• chief psychiatric nurse - 28;
• medical workers in psychiatric care laboratories - 21;
• psychiatric care specialists - 14;
• doctors - nutritionists, nurses and mental health registry staff - 14;
• all personnel of tuberculosis dispensaries, except for the phthisiatrician working with the X-ray unit - 14;
• X-ray machine operators - 21;
• employees of HIV centers whose activities involve constant contact with drugs containing viral DNA, as well as nurses, doctors, laboratory assistants and other medical personnel of HIV hospitals - 14;
• doctors, nurses and other personnel of infectious diseases institutions - 12;
• orderlies and other junior personnel, depending on the place of work - from 7 to 14;
• local pediatricians and therapists - 3;
• general practitioners and nurses - from 3;
• ambulance personnel - 12.

Also, the list of doctors and health workers is presented in Appendix No. 1 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 N 298/P-22.

We recommend reading: Read about the duration of leave for health workers and doctors of various specialties here.

For harmful working conditions

In addition, additional leave, in accordance with Article 116 of the Labor Code of the Russian Federation, can be granted to health workers for special working conditions (harmful, hazardous to health) and irregular working hours.

As part of the current bill for 2020, the minimum period of additional leave for hazardous working conditions under Art. 117 of the Labor Code of the Russian Federation cannot be less than 7 calendar days.

It can be increased by decision of the administration of the medical institution, but it cannot be reduced.

It is customary to distinguish 4 categories of harmful conditions for medical workers, according to which the period of additional leave for doctors is determined:

1. Optimal (absence of factors provoking danger to the life and health of the employee);
2. Acceptable (there are factors hazardous to health at the workplace, but the level of threat does not exceed acceptable values);
3. Harmful (work activity is associated with a significant risk to health);
4. Dangerous (there are factors that provoke the development of life-threatening occupational diseases).

If the work activity of a medical worker is associated with risks ranging from acceptable to dangerous values, then he must be provided with additional leave in accordance with current legislation. For each calendar year, an employee must receive at least 7 days of additional paid leave.

Important! The employer does not have the right to compensate for this period with material payments.

When calculating the worked period, the following are not taken into account:

• sick leave;
• maternity period for women;
• transferring an employee to a more flexible work schedule due to pregnancy;
• fulfillment of social obligations by the employee.

For irregular working hours in healthcare

In accordance with Article 119 of the Labor Code of the Russian Federation, every medical specialist working on an irregular schedule has the right to receive additional paid leave annually, the period of which must be at least 3 calendar days.

If an employee chooses to go to work on these days, then financial compensation is possible based on his written application. This is indicated in Article 126 of the Labor Code of the Russian Federation.

How is vacation compensation calculated?

How are paid days processed for doctors?

The procedure for providing additional vacation days to healthcare workers is not regulated by legislative documents.

Official registration is practically no different from the provision of the main vacation period.

In the first year of work, additional paid rest is not provided, regardless of working conditions and other characteristics of work activity.

From the second year of work experience, the total vacation period must be recorded in the appropriate schedule.

The number of additional days of rest must be calculated in strict accordance with Article 121 of the Labor Code of the Russian Federation. The number of days should not be less than the norm established by legislative acts.

Financial compensation for a health worker’s attendance at the workplace on days of additional leave is possible only on the basis of a written application from the employee and solely on his initiative. This is indicated in Article 126 of the Labor Code of the Russian Federation.

Information about additional leave must be displayed in the medical worker’s personal card. Days of rest can be provided only after the employee submits a corresponding application and subsequent execution of the order.

For health workers

Article 350 of the Labor Code provides for the possibility of obtaining additional leave for health workers. But this norm does not apply to every physician, but only to those who work in certain conditions.

Additional leave is due:

• physicians involved in the examination and treatment of HIV-infected patients (they are entitled to 14 days of leave);
• doctors treating mentally ill people (granted leave of 14, 21, 28 and 35 days);
• workers providing anti-tuberculosis care (14 and 21 days);
• medical personnel whose work is related to the study of materials containing the human immunodeficiency virus.

Medical workers are also subject to the rule of providing additional leave of at least 7 days.

The employer may provide for longer rest periods. The exact number of days is specified in the collective agreement.

Let's look at an example of a calculation. The doctor works in a psychiatric department of a hospital and has the right to receive additional leave of 28 days.

She worked 151 days. To find out how many months of vacation she is entitled to, divide 151 by the average number of days per year, 29.3. It turns out 5.15. We throw away the fractions, it turns out 5 months.

Now let's calculate the number of days. To do this, we divide the required 28 days of additional vacation by the number of months in the year (12) and get 2.33.

Then we multiply the resulting value by the first indicator: 2.33*5=11.65. We round up to 1 and it turns out that the doctor can get a vacation of 15 days.

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.

Additional leaves for medical workers 2018 - changes

The Labor Code of the Russian Federation in Article No. 115 establishes that the average rest standard for all categories of workers is 28 days. The same standards apply to medical workers. However, taking into account the specifics of the work of a certain category of health workers, namely the working conditions of certain professions, its duration can be increased, which is confirmed by the Government of the Russian Federation through resolutions No. 482 and 1588, which the employer must rely on when calculating the time and duration of leave. Most of these laws are reflected in the Labor Code of the Russian Federation itself:

• Labor Code of the Russian Federation Art. 122 – describes the right to basic annual rest after six months of continuous work, but Art. 123 of the same bill corrects this provision; it states that leave should be granted on the basis of the working holiday schedule.
• All medical personnel have the right to additional rest: how many days, for what profession and under what conditions is also established by the Labor Code of the Russian Federation in its articles No. 117, 118, 119 and 350.

Download the Labor Code of the Russian Federation