Who has priority rights to vacation during the summer?

Rights of parents of minor children to leave

Legal regulation of the provision of leave to employees who have dependent small children is carried out by the Labor Code of the Russian Federation. In particular, the following norms are relevant:

workers with small children are entitled to standard annual rest, which is twenty-eight days. There are no benefits or benefits due to the presence of children. The increase in the duration of annual rest depends on other factors: length of service, harmful conditions;
These categories of workers can count on receiving additional leave if they have a dependent child recognized as disabled. In accordance with Art. 262 of the Labor Code of the Russian Federation, the time for such rest is four additional days in each month. In addition, parents have the right to use their regular leave whenever they want;
additional leave for a number of categories of workers with children, but such rest time is not subject to payment by the employer.

For parents who have children, an essential guarantee is the right to go on maternity leave. This leave can be used by the father or mother of the child until the child turns three years old.

Regulations and principles

Vacation can be basic or additional.
The main one is due to every working citizen and is provided once a year, although sometimes it is divided into two parts and the citizen exercises his right to rest twice a year (14 days each). The main vacation unused in the current year is transferred to the next year. The enterprise draws up a vacation calendar in agreement with the trade union 2 weeks before the new calendar year. Workers go on vacation strictly according to schedule.

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But some of them have the right to choose the period of their vacation at their discretion:

women during pregnancy or while caring for children under 3 years of age (Article 122, Part 2);
men caring for a child under 3 years of age or having pregnant wives (Part 4 of Article 123 of the Labor Code of the Russian Federation);
parents of children under 7 years of age;
families with children from 7 to 10 years old in the summer.

When are parents of a minor child entitled to leave?

Parents, when choosing the time of annual leave to be paid, can proceed from various circumstances: the age of the child, the state of his health, the level of educational training. At the same time, parents, on the basis of labor legislation, have the following advantages when choosing the time of this type of vacation:

if the child is between seven and ten years old, then parents can take out regular paid holidays in the summer;
legislation guarantees the provision of additional leave of three days to prepare the child for school, but this type of leave for parents is not subject to payment;
Parents with many children have the right to additional leave for a period of fourteen calendar days whenever they want. Single mothers and single fathers have the same right, according to Art. 263 Labor Code of the Russian Federation. The disadvantage of this type of vacation is that it is not paid;
If there is a child in the family who has not reached the age of seven, one of the parents has the right to use the annual rest period at any time at their own discretion.

Note!
Additional leaves and benefits for parents with children are established in order to facilitate the upbringing of young children. For this reason, the legislation does not provide for parents of children to transfer the specified rest time to another year or for financial compensation, since it is important to ensure that the interests of the child are taken into account.

Summer vacation according to the law if you have a small child

The priority right to vacation during the summer period is granted to some employees of the Labor Code of the Russian Federation and other federal and regional regulations. From this material you will find out who can use it.

The right to rest time is one of the main guarantees for working persons. Every employer is required to provide such time to employees annually. The standard period established by law is 28 days.

At the same time, some categories of workers have benefits and the right to a longer period. These benefits depend on length of service and the characteristics of professional functions. The presence of dependent children is also essential.

It should be noted that the law provides for the fundamental rights of working persons. And in furtherance of the provisions of the law, by-laws have been developed, which are contained in government regulations and orders of the relevant ministries.

In a large work team, it is impossible for all employees to go on vacation at the same time during the summer.

For this reason, any employee has a reasonable question: who is entitled to vacation in the summer in the first place{q}

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

Basically, the provision of leave out of turn is regulated by the Labor Code of the Russian Federation, but below we will consider other federal and regional regulations that may affect the order in which summer leave is granted.

The summer months for vacations are usually June, July and August. Some companies also choose September for summer vacations, but this is not done everywhere. Thus, the definition of summer months is individual and may vary depending on the organization.

List of employees

Consider below the list of categories of citizens who have the right to vacation in the summer in the first place:

Those who have adopted one or more children not older than three months (Article 122 of the Labor Code);
Men if their spouses are on maternity leave (Article 123 of the Labor Code);
Women before or after maternity leave (Articles 122, 260 of the Labor Code of the Russian Federation);
Workers who have not reached the age of majority (Articles 122, 267 of the Labor Code);
Spouses of military personnel, if their vacation dates coincide with the vacation of military personnel (Article 11 of Law No. 76-FZ);
Citizens who became disabled during the war (Article 14 of Law No. 5-FZ);
Heroes of the USSR, Heroes of Russia (Article 8 of Law No. 4301-1);
Parents of three or more children (Presidential Decree No. 431 on benefits for large families);
Citizens working part-time. Usually they receive vacation at the same time as at their main job (Article 286 of the Labor Code);
Honorary donors of Russia (Article 11 of Law No. 5142-1);
Also, summer leave can be received out of turn by: WWII participants, persons who worked during the Great Patriotic War at various military facilities (Articles 16-19 of Law No. 5-FZ).

If a citizen has only been working in an organization for the first year, then he can go on vacation after six months from the date of employment or earlier, if the employer does not mind.

Types of persons who can go on vacation in the summer after the end of the specified period in the first year: pregnant women, minors, persons who have adopted 1-3 month old children.

The right to preferential leave is confirmed by various documents depending on the situation. For example, a disabled person will need to provide a certificate of disability, a parent with many children will need to provide copies of their children’s birth certificates, and a minor will only need to show a passport.

In some companies, the employer may ignore legislative acts and not provide vacation during the summer. Or offer a vacation in September, explaining that September can also be considered a summer month when it comes to vacations.

Each organization draws up a vacation schedule for employees. Employees must sign the schedule, agreeing with the vacation dates chosen by the employer. In this case, if the signature is affixed, it will be difficult to achieve a revision of the vacation dates, especially if there is no common understanding with the employer.

Here you can learn more about approving the vacation schedule.

The only thing that remains is to contact the labor inspectorate in this case, or threaten such an appeal so that the employer changes the dates (if the employee belongs to a preferential category). The threat of contacting the labor inspectorate will most likely ruin the relationship with the employer, so leave this as a last resort.

The best solution would be to find compromises and establish communication with the employer.

In addition to the main annual leave, some categories of employees are also entitled to additional leave in the summer.

Such leave can be of two types:

Regulated by the legislation of the Russian Federation;
Not regulated, but provided by the employer himself.

Since the second type is too individual and is not subject to any laws, let’s consider the categories of citizens who can receive leave regulated by law:

Employees whose work involves harmful or dangerous working conditions.
Workers with irregular schedules.
Employees with a specific nature of work.
Working in the Far North and similar areas.
All citizens who have the right to additional benefits in the workplace (for example, WWII veterans, disabled people, etc.).
Citizens working part-time.

We suggest you read: How to write a sliding schedule in an employment contract
Thus, only preferential categories of employees can get vacation in the summer. The rest can only hope for understanding from management.

Providing a period of rest to persons with a minor son or daughter is carried out on the basis of the norms of the Labor Code of the Russian Federation. The provisions that regulate this right and its features can be presented as follows:

The provision of this time to persons with children is carried out in accordance with the general procedure. That is, the usual basic duration each year is 28 days and can be increased depending on length of service, harmful working conditions and other factors;
rest also depends on their state of health. If a son or daughter is disabled, then the parents receive the opportunity for additional leave and priority in choosing the time for rest;
employees who have a son or daughter under the age of seven have the opportunity to go on vacation in the summer and take the time necessary to care for their children.

The law distinguishes several categories of parents with sons or daughters under twelve years of age. Depending on the category, there are specifics regarding vacations for these individuals. They should be specified in more detail:

Article 123 of the Labor Code establishes the right to receive a period of care for a minor son or daughter. This period covers the time after childbirth until the age of three;
employees who have minors under seven years of age;
workers raising children from seven to 10 years old.

These categories of workers have benefits for the provision of rest at a time convenient for them. And the employer has no right to refuse them this.

If we talk about the maternity period, then you can use this right at any time. This period covers the time until the minor reaches 3 years of age. Every parent has the right to take advantage of the opportunity to get leave. They can change and take the period they need.

Parents with minors under 7 years of age have the right to receive rest at any time. That is, they can contact the employer with an application to provide them with such time as they deem necessary. And the employer must satisfy such a request.

Another preferential category is parents with children from 7 to 10 years old. This category of workers has the right to rest during the summer holidays. This is a significant guarantee. It allows you to get time off with your son or daughter every year.

Employees raising disabled people are also provided with guarantees. They are entitled to enjoy the following benefits:

they have the opportunity to choose their own time. They have the right to apply to their employer to take a vacation at any month;
such employees may enjoy additional leave. It can be caused by a variety of reasons. The duration of this time is up to one month.

Thus, many guarantees and benefits have been established for this category of employees. In addition, they have other guarantees related to business trips and protection during staff reductions.

This group should be divided into two categories. If education is carried out in relation to a disabled person, then the additional period will be up to one month. And they can write a corresponding application for additional leave in any month at their discretion.

When parents are raising a son or daughter under 12 years of age, they can also take advantage of the extra time. But in this case, the duration will be two weeks.

If you have questions, consult a lawyer. You can ask your question in the form below, in the online consultant window at the bottom right of the screen, or call the numbers (24 hours a day, 7 days a week):

7 Moscow and region;
7 St. Petersburg and region;
7 all regions of the Russian Federation.

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List of employees

Most people prefer to relax in the summer. You can go to the sea, to the forest to pick mushrooms, work in the country, kayak down the river, go hiking, or spend more time with children who are also on vacation from school and kindergarten. But is summer vacation available to everyone? {q} First things first.

The right to rest is enshrined in the Constitution of the Russian Federation in Article 37.

Article 122 of the nineteenth chapter of the Labor Code of the Russian Federation describes the procedure by which annual leave is given, its duration and grounds.

Procedure for granting leave to a parent of a minor child

Providing paid annual leave to parents is carried out on a general basis. The employee must first notify the employer of his desire to use the legal right to rest by indicating its duration in the application. In this case, the order established at the enterprise for other employees to use their right to rest is taken into account. Notification is also necessary so that the employer has time to accrue and pay vacation pay, as well as to find a replacement for the employee who is going on vacation.

To provide additional unpaid time off, parents are required to notify their employer in advance. The employee must write a statement and send it to his superiors. At the request of the employee, which must be reflected in the application, this type of vacation will be added to the main annual leave. The employer has no right to refuse such a request.

Separately, it is worth mentioning the procedure for providing additional days off to parents raising disabled children. These days off are subject to payment. This issue is specifically regulated by Decree of the Government of the Russian Federation dated October 13, 2014 No. 1048.

An employee who is one of the parents of a child with disabled status must submit an application to the employer in the prescribed form to receive this benefit.

Note!
Such days off are provided every month. The employee must regularly submit such statements. The specific procedure and frequency of sending applications are determined by agreement with the employer.

A parent who has a child with disabled status must provide the following documents along with the application to receive additional paid days off:

a certificate confirming that the child has a disability;
documents indicating the child’s place of residence;
child's birth certificate;
a certificate stating that the second parent did not take advantage of additional days off from the second parent’s place of work.

Categories of workers

The law does not describe employee scheduling benefits. Although the following may take leave without pay at any time during the current year on the basis of a written application:

WWII participants - up to 35 days;
old age pensioners - up to 14 days;
wives, husbands, parents of military personnel who died from shell shock, mutilation and wounds - up to 14 days;
working disabled people - up to 60 days;
employees in case of birth of a child - up to 5 days;
disabled workers, regardless of disability group - up to 30 days;
teachers, taking into account the type of position held - 42, 56 calendar days;
employees under 18 years of age - 31 calendar days;
research assistants with an academic degree – 36-48 days;
workers of emergency rescue units and services - 35-40 days;
healthcare employees at risk of contracting the virus - 36 working days;
civil servants - 30 calendar days;
honorary donors - 35-38 days.

An employee has the right to use time off for the first time during employment after 6 months of continuous service and even earlier by agreement of the parties.

Regardless of the time of year, rest is due:

employees under 18 years of age;
women during pregnancy and childbirth;
for adoptive parents of children under 3 months.

In the second and subsequent years of cooperation, it is possible to provide days at any time of the working year at the request of the employer, taking into account the priority and provision schedule. The vacation can be extended or postponed to another date at the request of the employee, if this does not lead to a decrease in labor productivity.

Preferential categories of workers have the right to rest at any time. For the employer, it is the obligation to provide days at will. Main groups:

women during pregnancy and childbirth;
single men raising two or more children under 12 years of age;
minor employees under 18 years of age;
adoptive parents raising children under 3 months;
part-time workers;
children of 1-2 generations of citizens who died as a result of the Chernobyl disaster;
employees who were previously exposed to radiation during the Semipalatinsk chase;
Heroes of the Soviet Union, awarded orders of glory;
other categories of citizens.

In the event of certain family circumstances, adjustments will one way or another be made by the personnel service to the vacation schedule and this cannot be avoided.

Leave benefits for parents of minor children

Russian legislation provides the following leave benefits for employees who are parents:

additional unpaid rest time provided annually;
additional days off, which are paid and provided every month;
maternity leave;
the right to use annual paid leave at any time at the discretion of the parents;
the ability to use other types of rest time at any time.

The listed benefits are provided to certain categories of parents with dependent small children. Depending on the category of employee, the list of benefits due to him in connection with vacations will also change.