Additional leave for Chernobyl participants in 2020

Author of the article: Vladimir Danilevsky Last modified: January 2020 1310

At the end of April 1986, an explosion occurred at the Chernobyl power plant. The disaster affected many citizens who were participants in the events, residents of nearby cities and liquidators who performed a deadly duty. Many people died on the spot, some acquired radiation sickness and died later, and the survivors received many diseases that did not allow them to work fully. Taking into account the consequences, at the legislative level Chernobyl victims were identified as a separate category of those in need with the right to receive government preferences. These include benefits, benefits, compensation and vacation. The latter represents an additional paid period of rest. So, what do Chernobyl survivors need to get such leave, and who pays for it?

Legal basis

The consequences of the disaster affected the health of not only the liquidators of the accident, but also the local residents of the city and the surrounding area. Therefore, tens of thousands of people are included in the category of privileged persons who are entitled to compensation. The document regulating the procedure for obtaining benefits, compensation and leave is Law of the Russian Federation No. 1244-1 of May 15, 1991.

Law of the Russian Federation No. 1244-1 of May 15, 1991

According to the document, categories of people who were exposed to radiation during the accident or felt its consequences can count on compensation and additional benefits in the form of financial assistance and vacation. In addition to this document, there are a number of decrees that supplement the list of benefits and regulate certain issues. Benefits apply to persons who took part in rescue operations in Chernobyl, in work to eliminate the consequences, to residents who lived in the nearby territory.

Documents confirming the right to Chernobyl leave

Workers who received radiation sickness or became disabled as a result of the Chernobyl disaster, as well as workers who took part in the liquidation of the consequences of this disaster, confirm their right to receive vacation privileges with a special certificate for disabled people (Appendix No. 1 to the Procedure, approved by Order of the Ministry of Emergency Situations of Russia N 728, Ministry of Health and Social Development Russia N 832, Ministry of Finance of Russia N 166n dated 08.12.2006) or a certificate of a participant in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant (Appendix No. 1 to the Procedure, approved by Order of the Ministry of Emergency Situations of Russia N 727, Ministry of Health and Social Development of Russia N 831, Ministry of Finance of Russia N 165n dated 08.12. 2006) and a badge.

A passport can serve as a document confirming the right to Chernobyl leave granted in connection with residence in this zone.

Who is entitled to vacation?

The list of people affected by the disaster that occurred at the nuclear power plant in the late 80s includes:

• people who lived in the nearby area at the time of the explosion;
• rescuers eliminating the consequences of the explosion;
• military personnel who were called to the site to conduct evacuation and rescue operations;
• doctors called upon to take part in rescue operations;
• persons whose health was damaged due to the disaster;
• disabled people who received this status due to the development of radiation sickness;
• persons who have lived in a territory classified as an “exclusion zone” for more than three years.

There are four preferential categories of persons entitled to Chernobyl leave

Also included in the preferential category are citizens who, as part of their duties, must measure the radiation field. In this case, the total experience of such work must be at least 4 years.

The state provides material and social support to such people, providing additional compensation for vacation, financial assistance for health improvement, free trips to sanatoriums, etc. The extent of benefits and the amount of compensation largely depends on the damage caused by the disaster. In total, there are 4 categories of such persons.

Table 1. Classification of categories of benefit persons

According to Article 14 of Federal Law No. 1244-1, persons of categories 1-4 are entitled to additional paid calendar leave lasting from one week to two. The length of leave depends on the benefit category. In this case, the employee can take leave at any time convenient for himself, in a continuous period or in parts. Such leave is allocated for treatment and recovery.

In addition to additional leave, citizens affected by the accident at the Chernobyl nuclear power plant are entitled to other benefits, which can be read about below.

Benefits for Chernobyl victims in 2020

Maternity payments in the Chernobyl zone 2017

Maternity payments in the Chernobyl zone 2017

Download file - Maternity payments in the Chernobyl zone 2017

From July 1, maternity leave in the Chernobyl zone is issued according to new rules. They apply only to those citizens who went on maternity leave after June 30. The system by which maternity leave was calculated and paid to those living in the Chernobyl zone has not been adjusted for a quarter of a century. Since the signing of the Federal Law last year, the logic of payment of benefits for the care of a newborn has not changed, although the amount of payments and the procedure for assigning state assistance have been adjusted. Duma deputies were forced to reconsider the principles of providing benefits by numerous abuses that were discovered during inspections of the situation with maternity payments in the Chernobyl zone in the year. And the main violation is that benefits are given to those who do not actually live in the contaminated areas. For example, a person lives in Kostroma, but is registered in Plavsk, therefore, according to the previously valid law, he has the opportunity to receive preferential benefits. The innovations are designed to radically change existing approaches and reduce the number of those who register in areas exposed to radiation contamination shortly before the birth of a baby or immediately after birth in order to receive increased payments. Double maternity benefits in the Chernobyl zone in the form usual for Chernobyl beneficiaries have been abolished, and at the same time the principle of calculating benefits has been changed. For the first year and a half, the employer will provide support to the mother, father or immediate relatives who are actually caring for the baby. The second part of maternity benefits will be received until the child is one and a half years old, from local social protection authorities. The monthly amount of 3 thousand rubles is fixed and does not depend on earnings or the number of children. For child care from 3 to 6 years old, a fixed amount of 6 thousand rubles is also paid for each child; the employer is exempt from payments during this period. The rules in force from July 1 apply only to those who registered after the rest will receive benefits according to the old principle, and they will not be recalculated. The new law on maternity pay in the Chernobyl zone also changes the rules for receiving child care benefits. You can get it only in two cases:. Previously, there were no restrictions that maternity leave was issued only after four years of residence in a zone from which the Chernobyl status was removed. Locally, some explanations were given regarding the receipt of maternity benefits depending on the child’s place of birth and registration: If the baby was born in Kostroma and the parents are registered there, then benefits, naturally, are not provided, since Kostroma is not included in the zone of contaminated territories. If a newborn was born in Kostroma, and the parents are registered in one of the rural settlements of the infection zone, then the father and mother have the opportunity to choose which place of birth, actual or registered, to be entered into the certificate, and, accordingly, to become beneficiaries or not. Those who are registered in cities included in the infected areas are deprived of the opportunity to choose their place of birth. In the latter case, serious controversial issues arise, which can only be resolved in court. For example, women who actually live in populated areas of infected regions are forced, due to the lack of a maternity hospital, to give birth in cities that do not have preferential status. And in this case, the woman in labor will not be able to receive preferential maternity benefits. The opinions of the beneficiaries themselves are clear - the new law has significantly reduced the amount of benefits for those on maternity leave, while more stringent conditions have been created for receiving them. Home Housing subsidies Birth of a child Tax deductions Employment center Business Students Pensions Forum Veterans FSS benefits More payments Life without queues Disability Regional benefits Housing and communal services Debtors Medical benefits Documents Russian citizenship and migration Home Housing subsidies Birth of a child Tax deductions Employment center Business Students Pensions Forum Veterans FSS benefits More payments Life without queues Disability Regional benefits Housing and communal services Debtors Medical benefits Documents Russian citizenship and migration. For young families, the subprogram 'providing housing for young families' Programs for providing housing for public sector employees News Mortgages with state support.

This is important to know: Is it possible to pay vacation pay earlier than 3 days (in advance)

Duration of vacation

The duration of the vacation is regulated by Federal Law No. 1244-1 and is determined in accordance with the category assigned to the subject. Duration can range from 5-30 days. For persons belonging to groups 1 and 2, paid leave lasting 14 days is allocated. The duration of the vacation is included in the length of service.

The duration of the vacation depends on the category to which the beneficiary belongs

The duration of rest for categories 3 and 4 can also be 14 days, but wages are not accrued for these days. Thus, the employee can claim his right to additional leave, but at his own expense.

The employer does not have the right to interfere with this right, and is obliged to accept the application no later than three days before the actual start of the period. Vacation pay is transferred according to the standard scheme.

The right to a benefit can be claimed at any time convenient for you: separately from the main vacation or by including it as part of the preferential vacation. If citizens of the Russian Federation voluntarily moved to the exclusion zone after January 1, 1994. Additional leave is not allowed. This is regulated by Art. 22. Law of the Russian Federation No. 1244-1

Excerpt from RF Law No. 1244-1

The longest additional leave of 30 days is granted to military personnel who were called up to perform military service in the exclusion zone. In this case, the rank or branch of the military is not considered. This is regulated by Article 23 of Federal Law No. 1244-1.

Article 23 Federal Law No. 1244-1

Documents accompanying the procedure

There are a number of formal procedures that must be followed in order to receive the benefit due from the government.

Statement

Due to the fact that such preferential leave depends on the will of the person applying for it, the “launch” of the procedure for using additional days of rest begins from the moment the application is submitted to the employer.

The application must indicate the type of leave due to the applicant and the expected duration, and must also attach documents confirming the special status as the right to benefit.

Order

The appointment of leave is formalized by a special order of the employer. In the “header” it can be noted that it is published in order to implement the legislation of the Russian Federation in the field of social assistance to citizens.

The text of the order, among other mandatory details of this type of document, indicates:

• Full name, employee position;
• reference to the paragraph and article of the law regulating the procedure for granting leave of this type;
• type of vacation;
• appointment period and duration.

The employer must ensure that the employee to whom leave is assigned is familiarized with this order against signature.

Read more Refusal to fulfill obligations under the contract

Help-calculation

The certificate is issued at the place of work on an official form for subsequent presentation to the authorized body, indicating the usual details.

The certificate indicates the final (including tax deduction) amount of money due, which is calculated by accounting employees based on the provisions of Article 139 of the Labor Code of the Russian Federation. In addition, the certificate contains the period of time for granting leave.

The document is drawn up signed by the top officials of the enterprise - the director and chief accountant . The certificate must have their signatures deciphered and must contain an imprint of the company's seal (clause 2 of the Rules).

Additional leave for Chernobyl victims is the most important measure of social assistance provided by the state to this category of people. It is assigned and used in a manner obligatory for the employer and solely at the own request of the citizen entitled to it.

This privilege carries a special status - an employee who quits without taking the vacation in question, based on the provisions of social legislation, will have the right to use it at a new place of duty in the current calendar year at any time at will.

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Who is eligible for Chernobyl leave in 2020? To all those affected by the disaster. Providing rest is compensation from the state for the harm that was caused during the tragedy.

Features of providing leave

There are some nuances regarding the procedure for registering and granting such leave:

• the benefit is granted once a year;
• vacation cannot be transferred to the next year;
• if public holidays fall during this period, the total duration of leave does not change;
• the provision of preferential leave cannot be replaced with monetary compensation;
• can be divided into parts if combined;
• during a period of temporary incapacity for work, additional leave cannot be divided;
• when changing several jobs during a calendar year, the employee will not be able to receive the required number of vacation days at one enterprise.

The benefit in the form of Chernobyl leave can be used once a year

That is, the employee determines for himself the need to take additional leave. If he does not declare his right to a preferential holiday within a year, then this period will be cancelled. If the grace period falls on public holidays, the number of vacation days is not extended. Thus, there is a general record of the days on which the employee will be absent for this reason.

As for the calculation of compensation for this period, vacation pay is paid not from the main fund of the enterprise, but from the federal treasury, which specifically provides for such an expense item.

When?

Another important point: when can you take a Chernobyl vacation? They must allocate it upon request, and a positive decision should not be based on the employee’s length of service and other factors.

Besides:

• additional days can be added to the main leave or given separately;
• It is prohibited to replace vacation with monetary compensation;
• There is no provision for transferring additional leave to the next year.

A Chernobyl survivor has the right to take additional rest either separately at any convenient time or by adding social leave to the main rest.

Designation in the working time sheet

Vacation on the timesheet can be indicated both in letter and digital form. Management independently decides on the standard for maintaining timesheets. But both designations cannot be placed in one document. Each day category has its own code.

The rules for indicating Chernobyl leave on the worksheet are standard. Considering that payment is made not by the enterprise itself, but by social authorities, such a grace period can be designated in the document as “additional leave.” But the mark with or without saving payment must be placed depending on the category of benefit.

Designation in the report card

The person responsible for maintaining such reporting enters the corresponding code in the document:

• DB (code 18) unpaid;
• OD (code 10) paid.

Despite the fact that there are two approved forms of worksheet (F-12 and F-13), the organization has the right to use its own standard for recording and maintaining the document. Therefore, if the company does not use the approved form of the document, then the responsible person can designate the grace period for vacation in a different way.

How to arrange a well-deserved rest for the liquidators of the Chernobyl accident?

Although the payment for preferential leave itself is made from the state budget, the Chernobyl employee should begin the procedure for processing the required documents within its framework at his place of work.

First , you should draw up an application addressed to the head of the employing company . The application should state the request to receive additional annual leave, and attach copies of documents confirming the applicant’s right to the special benefit in question.

Taking into account the submitted application and copies of documents attached to it, an order is issued to appoint a “Chernobyl” leave. Employees of the HR and accounting departments are required to enter the necessary data into the accounting sheet, the applicant’s personal card, and also prepare a calculation certificate for subsequent submission to the authority authorized to resolve these issues in order to receive a monetary payment.

Directly for payment of preferential vacation pay, a Chernobyl survivor must contact the social security department at his place of residence. The applicant must have an identification document with him; to apply, he will also need a personal statement, a copy of the certificate confirming his special status, and a certificate of payment (clauses 2 and 3 of the Rules).

It is impossible to replace preferential leave, similar to ordinary leave, with compensation in cash. In 2014, the Ministry of Labor of the Russian Federation gave clarifications on this problem, in which it drew the attention of law enforcement officials to the fact that the law does not directly provide for the possibility of such compensation.

How to write an application for preferential leave?

You do not have to write an application if the start date of the vacation and its duration are approved at the beginning of the calendar vacation for the entire enterprise. The organization keeps records of all citizens who are entitled to such benefits and, depending on the category, the date and duration of the vacation are immediately indicated. The employee has the right to change the period of preferential leave. Such a desire is of a declarative nature and the employee is obliged to inform the management about his decision no later than three days before the start of the period.

Each organization keeps records of employees entitled to Chernobyl leave

To properly fill out the document and obtain permission from management to go on vacation, you must proceed as follows:

• to write an application;
• indicate the basis for granting additional leave;
• attach to the application a photocopy of your passport with a note about the Chernobyl status;
• copy of the certificate;
• If you have a disability status, attach a supporting document.

Certificate of the liquidator of the accident at the Chernobyl nuclear power plant

Management reviews these documents and, based on them, prepares an order in the T-6 form. The person responsible for maintaining the worksheet puts down the appropriate marks in the document. The code is set according to the Order.

Sample order for granting leave to an employee

If the vacation is paid, then the mark “OD” is indicated on the timesheet (code 10). If the order indicates the provision of leave without pay, but the report shows o (code 18). The application is written in free form.

Sample application for paid leave

The execution of such a document will protect the employer and employee. The order form and its completion are prepared by an authorized person. But an order is issued exclusively signed by the head or his deputy. In the latter case, there must be a basis according to which the deputy has the right to sign such a document.

How to get additional leave for Chernobyl victims in 2020

The algorithm for obtaining leave of this kind has a standard form. The list of actions includes the following steps:

An application for leave must be drawn up according to the sample, since it includes the following provisions:

• information about the employer and employee;
• on what grounds is vacation granted;
• how many days and for what periods the employee will be absent.

The employee also has the right to register part of his vacation as monetary compensation. Then the document indicates this moment and the number of days for replacement with payment. An application for additional leave is possible.

For what period is it provided?

The law provides for providing employees with 28 days of annual paid leave. 4

If a citizen has benefits and can receive additional days for rest, then this right is granted to him in the same manner - every year, taking into account the existence of grounds for registration.

In the case of Chernobyl victims, the reason for taking leave cannot disappear on its own. But if the procedure for providing labor benefits is revised at the legislative level, then most likely they will either cancel it or reduce the number of days per year. But in any case, the provision will be annual.

How many days can you take

To determine the number of days of additional leave, you need to rely on the distribution of all Chernobyl victims into several categories.

In accordance with this, there are several options for the duration of the vacation. They look like this:

Only Chernobyl victims from the first and second groups can take advantage of preferential additional leave.

Payment procedure (who pays)

The average earnings for additional leave for Chernobyl victims are not calculated. The payment is determined based on the following formula:

(Ok*Mr/Mr*29.4)*Co=Avg charge.

This formula uses the following indicators:

• Ok - the amount of remuneration of the employee;
• Мр - months worked for the current year;
• 29.4 - the number of days in a month, which is considered the average in a year;
• Ko - the number of vacation days of additional rest.

In accordance with such indicators, the amount of benefits during vacation is determined. The Social Fund will review the employee’s documents and transfer funds from the federal budget to the employer’s account, and after that to the employee himself.

Rules and payment procedure

Payment for this leave is made not from the main wage fund, but from the social fund, which receives funds from the federal budget. Therefore, hiring an employee who has been assigned a preferential Chernobyl category does not in any way affect the financial condition of the enterprise.

Payment of vacation pay related to Chernobyl vacation is carried out using federal budget funds

But there are some nuances to the payment procedure. Initially, the employee is accrued vacation pay from the organization’s funds. Then the accounting department submits a package of documents to the social authority, on the basis of which funds are transferred back to the enterprise.

The accounting department of the enterprise provides the following documents to the USZN:

• employee application, which must have a registration number;
• order in form T-6 signed by the head of the organization;
• income certificate.

Based on these documents, money is transferred from the social fund. The procedure for compensation for preferential categories of groups 1-2 is carried out according to the standard scheme for calculating vacation pay.

Example of vacation pay calculation

Vacation and sick leave

There are a number of features in the legislation that those people who have the right to receive additional leave also need to know. For example, if a sick leave was issued during a preferential leave, then the period of general rest is extended by the number of days of incapacity for work. In this case, it is necessary to submit a sick leave certificate to the enterprise, which will indicate the start and end date of the period of incapacity for work.

A medical institution with an appropriate license can issue such a medical document. Such a document has a unified form with a hologram on it. Also, the LN must contain the seal of the medical institution and the signature of the attending physician who issued the document. Other certificates confirming incapacity for work cannot be accepted by the employer and regarded as a basis for issuing sick leave.

Only an official sick leave certificate confirms the employee’s incapacity for work.

Persons assigned category 1 or 2 status can use all of their additional leave at once at the enterprise, even if their work experience in this organization does not exceed one calendar month. An exception will be the fact that such leave has already been used at another enterprise during the calendar year.

Important features of applying for additional leave

The list of features is compiled from the most frequently asked questions.

Parental leave and maternity leave

If a pregnant woman is registered in the Chernobyl exclusion zone, she has the right to state support:

• prenatal leave is 90 days;
• to improve her health, the woman must be relocated to a safe zone;
• if a woman registers early, she receives an additional financial payment;
• Child care allowance is paid in double amount.

Attention! The benefit is paid until the child is 3 years old. Important! If the benefit is paid for 2 children, it is summed up.

Is additional leave broken down into parts?

The main vacation of 28 days can be divided into parts (14 and 14 days). The additional one is not divided into parts.

Extension of leave during sick leave

If a citizen falls ill during vacation, he has the right to have it extended by providing sick leave.

Extension of vacation for holidays

Additional leave is not extended for holidays.

Compensation upon dismissal

Upon dismissal, unused rest days are not compensated by monetary payment.

Additional leave when working part-time

When working part-time, a citizen has the right to use his additional rest.

Refusal of registration

The management of any enterprise does not have the right to refuse to provide additional leave to a citizen who suffered in Chernobyl. Such a refusal is a gross violation of the law.

To resolve the issue, you should contact the labor inspectorate. If this does not help, the next authority is the court.

To fully resolve the issue, it is recommended to contact an experienced lawyer.

We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.

To quickly resolve your problem, we recommend contacting qualified lawyers on our website.