Additional leave for disabled people of group 3 and conditions for receiving it

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Anastasia Klimenkova (Lawyer)

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Author: Anastasia Klimenkova (Lawyer) (All articles by the author)

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Annual paid leave is given to all employees of the enterprise, regardless of the nature of their employment (at their main job, part-time). This rule also applies to disabled employees, but they are considered more privileged employees due to their special needs. Let's consider how leave is provided and how long it lasts for disabled people of groups 1, 2, 3.

Features of employment of people with disabilities

Citizens with disabilities of groups 1, 3, 2 receive financial assistance from the state and have a number of social benefits. The amount of financial support is small, so disabled people try to work whenever possible.

Most organizations in Russia have quota places for such citizens. According to the first part of Article 22 of Federal Law No. 181, the employer must create special places of work and equip them with the necessary equipment for employees with disabilities.

The number of quota places is determined by the executive authorities in the constituent entities of the country. According to the provisions of Order No. 685n, issued by the Ministry of Labor on November 19, 2013, employers create comfortable working conditions for workers with special needs and equip them with the necessary adaptations, depending on the needs of the particular disabled person and the nature of the work.

In addition to creating special working conditions, the manager is obliged to provide such employees with additional vacation days.

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Responsibility for violation of Labor Code

If the rights of a disabled person are violated by an employer, he must report this to the labor inspectorate. Employees of this body will identify all facts of violations and bring the violator to justice:

• for entrepreneurs from 1 to 5 thousand rubles, for repeated violations from 10 to 20 thousand rubles;
• for organizations from 30 to 50 thousand rubles, for repeated violations from 50 to 70 thousand rubles.

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Thus, disabled workers have additional benefits over other employees, and their rights must be respected by management. Violations of labor laws must be stopped in a timely manner, and the violator must bear administrative, disciplinary or civil liability.

Classification of disability groups

According to the classification adopted at the legislative level, disabled people are citizens whose health condition does not allow them to fully support and provide for themselves.

Therefore, the state has developed a number of benefits for such people, which are financed from the municipal or state budget.

Disability groups are classified as follows:

• Group 1 - the presence of significant disorders of the functioning of the human body. It is often difficult for such citizens to move independently; they need constant care and supervision.
• Group 2 - the presence of serious health problems that negatively affect the citizen’s ability to work. These include hearing or vision problems, nervous system disorders and other pathologies;
• Group 3 - severe health problems (for example, arthritis, asthma). Such a group is assigned temporarily and is checked by commission after some time.

The second group is officially recognized as non-working; its presence does not prevent a citizen from finding a job. Such citizens can work in a more gentle way. The main thing is that employment does not have a negative impact on health.

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Providing basic and additional leave to disabled Chernobyl victims

People injured during the Chernobyl accident (the full list is listed in the relevant law) must receive additional leave every year, regardless of the employment agreement at a particular enterprise. The duration is regulated by law - from 7 to 30 days, all of them are paid. The specific time depends on the type of disease and is also established by law.

Duration and procedure for granting vacations according to labor legislation

Article 115 of the Labor Code of the Russian Federation establishes that the minimum duration of annual paid leave is 28 calendar days. The maximum period of rest is not established by law.

According to the provisions of Article 23 of Federal Law No. 181, issued on November 24, 1995, regulating the features of social protection of disabled citizens, the duration of additional leave for them is set at 30 days.

Additionally, citizens with disabilities can take vacations at their own expense for up to sixty days. This is enshrined in the fifth paragraph of the second part of Article 128 of the Labor Code, Letter No. PG/3387-6-1, issued by Rostrud on April 16, 2004.

Such guarantees are provided to all categories of disabled people, regardless of the assigned group. The duration of leave for all types of disabled people is the same. To receive legal rest days, an employee must write a corresponding application.

If the vacation follows a schedule approved before the end of the previous calendar year, the employer warns the employee two weeks in advance about the upcoming days of rest and issues an appropriate order.

Main aspects

Partially physically disabled citizens with group 3 disabilities can simultaneously receive government benefits and incentives, and in addition, be officially employed.

Due to the fact that the amount of financial assistance for them is not very large. However, there is a separate privilege for this category of the population, namely increased vacation.

Disabled people of the third group, as a rule, are employed in work positions where they can, despite health deviations, cope with the task assigned to them.

For employers who employ disabled people, certain preferential conditions are provided, which allows disabled people of group 3 to easily find a workplace for themselves.

Initial Concepts

To study in more detail the procedure for providing additional leave for disabled people of group 3, you should consider the basic concepts associated with this issue.

A citizen of the Russian Federation is a subject of the state who has the right to count on certain rights and protections provided at the legislative level.

A disabled person is a disabled citizen of the Russian Federation who, due to health reasons, cannot provide for himself independently, which is why he needs state support and constant care.

Benefits and privileges established by the state are incentives for a certain category of the population who are legally entitled to assistance from state municipal authorities.

Competent authorities are management apparatuses through which the interaction of governing authorities with the population occurs.

Vacation is the right granted annually to a citizen of the Russian Federation to take a break from work. As a rule, the employer provides up to 30 calendar days for rest for his subordinates

A disabled person of the third group is a partially physically disabled citizen of the Russian Federation who has the right to certain benefits and privileges from the state, and can also officially work.

Based on these concepts, it will be much easier to delve into the process of studying the issue of providing additional vacation days for disabled people of group 3.

How many days are required according to the Labor Code of the Russian Federation?

Currently, all citizens of the Russian Federation who carry out official labor activities on its territory do so in accordance with the Labor Code of the Russian Federation.

The text of this document strictly spells out all the basic provisions regarding the rights of citizens, as well as their responsibilities.

One of the rights that is granted to every citizen in Russia is vacation. Let's consider the main types of this incentive for officially employed citizens:

Regardless of which organization a group 3 disabled person works for, his minimum vacation is 30 calendar days, which is enshrined in current legislation.

Legal regulation of the issue

The settlement of the issue regarding the provision of leave for disabled people of the third group is based on the following legal acts:

• Federal Law No. 181 of November 24, 1995 “On the social protection of disabled people in the Russian Federation”;
• Federal Law No. 143 of November 15, 1997 “On acts of civil status of citizens of the Russian Federation”;
• Federal Law No. 195 of December 10, 1995 “On the fundamentals of social services for the population of the Russian Federation”;
• Federal Law No. 178 of July 17, 1999 “On State Social Assistance”;
• Federal Law No. 62 of May 31, 2002 “On Citizenship of the Russian Federation”;
• Labor Code of the Russian Federation, article No. 115, chapter 19.

The provision of annual paid leave for disabled people of group 3 who are officially employed is based on these documents.

Features of providing leave to people with group 3 disabilities

Since the third category of disability is assigned temporarily, the employee must confirm it annually. The employee must submit the following documents to the employer every year:

• a certificate issued based on the results of a medical and social examination. It confirms the disability group and records possible limitations in work;
• a personal rehabilitation program that establishes a set of various measures that are carried out to restore the patient’s health.

By providing this list of papers, the employee will be able to apply for thirty days of additional paid leave and sixty days of leave at his own expense.

The procedure for taking leave is similar to the procedure established for other categories of employees.

Leave for disabled people who have worked for less than a year

According to Article 122 of the Labor Code of the Russian Federation, leave is granted annually to all employees, including disabled people. The right to leave can be used after six months of working in a particular company. Meanwhile, there are categories of workers who can primarily take advantage of the right to early rest. These include: minor workers, when adopting a child under three months old, parents with many children, etc. This category of workers has the right to go on vacation before six months. At the same time, receive support from the company for the entire period. However, persons with disabilities are not included in this category of employees.

Thus, they cannot use the right to early leave. However, if the administration agrees to provide several days of rest, then the disabled person can take advantage of them.

Thus, the employee is recommended to immediately indicate the presence of a disability, which provides guarantees of receiving all benefits. An application is drawn up to receive leave. The transfer of funds for rest is carried out three days before departure.

If you need to receive unpaid leave, you must draw up a corresponding application indicating the basis for receiving the leave. The employer is obliged to consider the application and provide a conclusion. Every time a disabled person wants to go on vacation, he is required to provide a medical certificate for receipt. This is because disability must be regularly verified and health conditions may change. If the disability is overdue, then all preferential rights are canceled.

The employer has no right to refuse leave. This also applies to creating obstacles that prevent people with disabilities from receiving benefits and other guarantees from the state.

Features of providing rest days for disabled people

There are a number of features for disabled employees receiving additional paid and additional unpaid leave:

1. If an employee has not used all of his vacation, all unused days are retained and transferred to the next working year with a note in the appropriate schedule.
2. Disabled people have the right to replace part of their vacation with financial compensation.
3. Sixty additional days of vacation are provided for employed disabled pensioners. For ordinary pensioners, this period is two calendar weeks.
4. If an employee with a disability goes on sick leave during a vacation period, he can increase the current vacation by the number of days indicated on the certificate of incapacity, transfer these days to another period, or replace them with compensation.
5. Monetary compensation can be used to replace days of rest exceeding twenty-eight calendar days. The main thing to remember is that only additional paid leave can be replaced.

Disabled people are entitled to increased leave, the period of which is determined depending on the employee’s status (retired or not). Additional paid leave is provided for a period of thirty days. Pensioners are given another sixty unpaid days of rest.

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How leave is issued to disabled people of group 3 according to the Labor Code of the Russian Federation in 2020

The very procedure and procedure for applying for leave for persons with disabilities is practically no different from those cases when annual or additional leave is given to healthier citizens. The provision of leave should take place in the following stages:

1. The vacation schedule is drawn up in advance. As usual, this is always done at the beginning of the year.
2. If a certain date of calendar leave for 30 days is prescribed for a disabled person, then he does not need to write an application.
3. If an employee requires two paid vacations a year, then he writes an application for a second vacation at any time convenient for him.
4. When it comes to scheduled vacation, the employer is obliged to notify his subordinates about this event in advance.
5. An order is issued to use vacation in the unified form No. T-6 or No. T-6a if several people with physical disabilities go on vacation (the order form is approved by Resolution of the Russian State Statistics Committee No. 1 of 01/05/04).
6. The subordinate becomes familiar with the order and on the same day signs it at the very bottom next to the word “acquainted”.
7. The employer pays vacation pay until the person goes on vacation.
8. The personnel executive must reflect all vacation days on the employee’s time sheet.
9. The day of vacation is also noted in the personal card (form No. T-2). This is done in section numbered – VIII.

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Registration procedure

The procedure for obtaining annual rest for such employees is similar to the procedure for granting the right to rest for other categories of employees. The worker is not required to write an application if the schedule is approved, but no one deprives him of the right to draw up such an application. The responsibilities of the organization's administration include:

• notify the citizen about the upcoming vacation two weeks in advance (the notification form is developed independently, plus issuance of the corresponding order according to the approved form T-6 or T-6a);
• pay vacation pay.

If only a month is indicated in the schedule or a citizen, in agreement with the administration, uses the right to rest outside the schedule, the application must be written in advance. Leave for disabled people of group 3 in 2020 is provided according to the same rules as in the previous year; no changes to the law were made during this period.