The employee goes on vacation with subsequent dismissal. Is it possible to hire a person in his place on the first day of the previous employee’s vacation or do you need to wait until the end of the vacation?

Duration of teacher maternity leave

A teacher's maternity leave is calculated as follows: 70 days before birth + 70 days after birth.
If two or more babies were born - 94 days. If the birth was complex and occurred prematurely, then the mother has the right to take 156 days of rest. Before childbirth, vacation is 84 days, 110 days in the postpartum period. The law allows for days off to care for a child; financial support will depend on the age of the child (one and a half or three years).

Only the mother of the child has the right to take a vacation of 140 (194) days. At the end of the vacation, the teacher can begin working. Subsequent leave to care for a child is allowed to be taken by either parent or other relatives who will care for the child.

Compensation for unused vacation

If by the day the employment relationship is terminated the employee has not had time to use the rest days allotted to him, then the employer is obliged to compensate them in cash. Let's look at a specific case:

Example.

We calculate the number of days of rest that are due per month of work. To do this, you need to divide the number of vacation days by 12 (the number of months in a year). An employee has the right to 36 days of vacation, which means he is entitled to (36/12) 3 days of rest per month.
Read also: Rest time between shifts: for 8, 12, 24 hour working days
We calculate the total number of months worked. The employee worked for 7 months and 18 days. Since 18 days are more than half a month, the number of months worked here should be rounded to 8.
We get the number of vacation days subject to compensation: 3 x 8 = 24 days.
We calculate compensation in monetary form: we multiply the number of paid days of unused vacation by the employee’s average daily earnings. With an average daily earnings of 1,600 rubles, the amount of vacation pay will be 38,400 rubles.

Watch a video about the procedure for calculating compensation for unused vacation upon dismissal:

Are you obligated to notify the director of the educational institution in advance about your upcoming departure?

If you are concerned about the ethical side of the issue of ensuring that the administration of the educational institution has time to find a replacement for you during your absence, then, if you wish, you can inform the management of the news in advance. It is recommended to notify your superiors that you are expecting a baby after 12 weeks of pregnancy. The risk of miscarriage at this stage is reduced.

If you do not want to inform in advance about your “interesting” position, this does not threaten you with any punishment.

Until this moment, the teacher must register for pregnancy at a antenatal clinic or other medical institution, and also undergo a full examination. Timely registration is paid for: an expectant mother who visited the clinic before the 12th week of pregnancy is entitled to an allowance. In 2020 it is 628.47 rubles.

You must apply for money within six months after the end of maternity leave (Article 17.2 No. 81-FZ). However, according to established practice, it is usually accrued and paid simultaneously with payment of sick leave. To receive money, you need a corresponding certificate from a medical institution and a free-form application addressed to the head of the organization with a request to pay the benefit.

Vacation at your own expense according to the norms of the Labor Code of the Russian Federation

The rules for registering unpaid leave are contained in Art. 128 Labor Code of the Russian Federation.

To receive leave at your own expense with subsequent dismissal, the interested employee must meet the following conditions:

write a written statement;
indicate a valid reason for which he requires leave;
obtain the consent of the organization's administration.

In this case, the reason for leave can be any circumstance, the degree of respect of which is determined by the administration of the organization. As for the duration of the vacation and the specific time period during which it should fall, these issues are agreed upon with the administration.

It must be remembered that the administration of the organization has the right to refuse unpaid leave, citing the need for the employee to be present at work, even if he wants to quit after rest.

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

However, there are categories of employees to whom the employer does not have the right to refuse to provide unpaid leave, even if such leave ends in voluntary dismissal. We will list them below.

Set of documents for teacher's maternity leave

The expectant mother should worry in advance about completing the package of documents that will be required for maternity leave. Maternity leave for the teacher will be provided by the educational institution in which the teacher works, but you should worry about accruing money on time yourself.

The set of documents according to which maternity payments are made includes:

application from a teacher claiming appropriate payments;
sick leave from the clinic where the teacher is registered for pregnancy;
salary certificate for the previous two-year period (provided if the woman was working in other organizations at that time).

Documents must be submitted to the HR department.

The legislation determines the period of maternity payments - 10 calendar days. The period begins on the date of submission of the relevant application. The educational institution where the teacher works has the right to make payments on the next salary day. The start of maternity leave occurs at the 30th week for a singleton pregnancy, and the 28th week for a multiple pregnancy.

How to leave an organization without work

When submitting a letter of resignation after returning from vacation, you can resign without working for several reasons:

By agreement with management. If the company does not need the services of a citizen, then the work may not be assigned.
If the employer violates labor laws.
If there are compelling reasons. Deteriorating health, a spouse's long business trip associated with a family move, and other reasons can lead to a quick dismissal. The employer may require supporting documents.
Certain benefits are provided for pregnant women and parents of large families.

The legislative basis for interaction when setting a working period is primarily Art. 80 Labor Code of the Russian Federation.

Combining annual and maternity leave

According to current labor legislation, an employee is prohibited from using different types of leave at the same time. Based on the norms of Art. 122 of the Labor Code of the Russian Federation, a teacher can take out annual leave no earlier than six months after initial employment. After this period - at any time according to the vacation schedule.

If a woman plans to go on maternity leave, there are two options:

All non-vacation leave is granted before the start of maternity leave.
The due days of rest will be available after the end of the maternity leave.

Important! If an employee is pregnant, she can take leave at any convenient time: the duration of service with the current employer is not taken into account (Article 260 of the Labor Code of the Russian Federation).

The first option is the most popular, because in this case you can stop working a little earlier, which is very important for expectant mothers whose pregnancy is difficult. And this is beneficial for personnel officers, since there are no difficulties with calculating and paying annual leave.

In the second case, the imposition of leaves occurs, because after the end of sick leave, a woman has the right to take leave to care for a child up to 1.5 or 3 years (as it is convenient for her). If it is necessary to take another vacation after the end of the sick leave, then the mother will be able to go on maternity leave only after it ends.

Most often, this option is chosen by teachers who plan to return to work without waiting until the child is one and a half years old. In this case, parental leave is taken out by another family member (for example, husband, grandmother, sister, etc.).

Contract termination procedure

The algorithm for terminating a contract will differ depending on when the application for leave is submitted: while already on it, or in advance with subsequent dismissal.

In addition, there are nuances if the vacation is provided in advance. The main difference lies in the procedure for final payment to the employee.

Example document

If leave is granted, for example, from August 1 to August 29, then the official day of dismissal will be the 29th, and the issuance of compensation and documents to the subordinate must be made on the final day when the person is present at the workplace.

Algorithm for terminating a contract:

Providing subordinates with a statement of desire to terminate the agreement with the boss.
Agreeing with the manager on the nuances of termination of work (if there are disagreements).
Receipt of documents and all payments before the 1st day of vacation.

Even when the last working day is a day off, the manager is still obliged to terminate the employment contract with the employee on this date.

You cannot take 2 vacations at once before leaving. Additional days will be compensated when calculating dismissal payments.

A person who is already on vacation can also leave on the final day of vacation. In this case, the procedure for dismissal and calculation is as follows:

Submitting an application in person to your boss or by mail.
After receiving the dismissal order, the boss signs it.
An order is issued to terminate the contract with the employee.
A person receives the final payment.

If a subordinate submits a request for dismissal during the rest period, then the calculation will be made after 14 days of notice. That is, if a person submitted a document for leaving on March 1, then the countdown of 2 weeks will begin on the 2nd, and he will receive work papers and monetary compensation on March 15. In this case, it is important that at least 14 days of the required days off remain, otherwise after that the employee may be asked to stay at the workplace until the warning period expires.

It happens that a person takes a vacation in advance, that is, according to the schedule, it is too early to give days off, but the boss provides them. If during this period the employee decides to resign of his own free will, then up to 20% of the amount for days not worked can be deducted from each compensation due to him. In this case, personal income tax must be deducted from each payment.

If the payment due to dismissal is less than the employee’s debt for vacation taken in advance, then the director may demand the required amount through the court or refuse to collect it.

Every person who works under an employment contract has the right to leave (Part 5 of Article 37 of the Constitution of the Russian Federation, Article 21 of the Labor Code of the Russian Federation).

At the same time, during the period of the next vacation, the employee, in accordance with labor legislation, retains his place of work (position), as well as his average earnings (Article 114 of the Labor Code of the Russian Federation).

At the same time, leave is not granted to persons with whom civil law contracts have been concluded (Article 11 of the Labor Code of the Russian Federation).

The working year for which the employee is granted annual paid leave is counted from the date the employee starts work, and not from January 1 (Article 123 of the Labor Code of the Russian Federation).

As for the first year of work with a new employer, the employee has the right to use vacation after 6 months. But by agreement with management, a newly hired employee can go on vacation earlier (Article 122 of the Labor Code of the Russian Federation).

The next paid vacation can be granted to an employee at any time during the calendar year in accordance with the vacation schedule (Article 122 of the Labor Code of the Russian Federation). Each employer approves such a schedule no later than 2 weeks before the start of the calendar year. This means that no later than December 17 of the current year, a vacation schedule for the next year must be drawn up and approved (Article 123 of the Labor Code of the Russian Federation).

If an employee is going on vacation as scheduled, then there is no need to take an application from him for another vacation. In this case, it is necessary to send him a notice of vacation 2 weeks before the start of the employee’s vacation or earlier against signature (Article 123 of the Labor Code of the Russian Federation). There is no approved form for such notification, so the employer has the right to decide for himself how to notify the employee (Rostrud Letter No. 1693-6-1 dated July 30, 2014).

In addition to the notification, it will be necessary to issue an order to grant leave to the employee or employees in form No. T-6 or No. T-6a, respectively (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1).

Vacation must be paid no later than 3 calendar days before the start date of the vacation (Article 136 of the Labor Code of the Russian Federation).

If an employee, while on vacation, immediately notifies his employer of illness or the performance of government duties, then his vacation can be automatically extended by the appropriate number of days (clause 18 of the Rules on regular and additional vacations, approved by the People's Commissariat of Labor of the USSR on April 30, 1930 No. 169) . In this case, there is no need to issue a separate order for extension. As a result, the employee will return to work later than the originally established end date of the vacation.

If the employee goes to work in accordance with the vacation schedule and only then informs the employer, for example, that he was sick, then he will need to agree on the issue of transferring part of the vacation to another date. The employee will have to write an application to postpone the vacation.

By the way, if sick leave was issued due to the need to care for a sick family member, then leave for the period of incapacity is not extended or transferred (clauses 40, 41 of the Procedure to the Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 No. 624n, Letter of Rostrud dated June 1, 2012 No. PG/4629-6-1).

As mentioned above, if you want to stop working at the enterprise, the employee is required to write a letter of resignation and submit it to the personnel service or manager. The working time begins from the moment the application is registered. Thus, if there is a possibility of losing the application, the document can be sent by registered mail with a list of attachments and delivery notification. In this case, the counting day will be the date following the date of delivery of the letter.

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If the organization keeps records of incoming documents, then it is recommended to write the application in two copies: the first copy is given to the secretary for further processing, and the second copy, which remains with the employee, is marked with the date and number of the incoming document.

When writing, you must indicate:

In whose name it is written (the head of the company or structural unit in which the citizen works);
From whom (name of the applicant and his position);
Subject of appeal (please exclude at your own discretion);
Preferential grounds that exempt or reduce the time of service (entry to a university, retirement for a well-deserved retirement in old age, etc.), if available.
End date of interaction;
Date of application, signature of the worker.

For your information

When dismissing at the will of a citizen, he has the right not to give reasons for leaving.

A citizen must remember that providing leave before leaving the company is not the duty of the enterprise. The organization may refuse leave by paying compensation for unused time off during care. At the same time, the person must continue to perform labor duties under the contract.

For an employee who wants to leave the employer after the next vacation, it is not of fundamental importance whether the application was written before the vacation or the decision was made and stated during the next vacation, but not later than the time established by law for working out. From the point of view of personnel records management and accounting, there is a difference. The differences relate to the moment of financial calculations and the issuance of a work book, as well as the drawing up of a dismissal order.

The organization is obliged to make payments on the last day of cooperation. Then the work book is handed over. This is directly stated in Government Decree No. 225, as amended on March 25, 2013 and Art. 140 Labor Code of the Russian Federation. If an employee has expressed his desire to resign before the vacation, the organization pays vacation pay 3 days before the vacation, and an order is issued to send him on vacation with subsequent dismissal. The final payment and transfer of the completed work book occurs on the last working day before the vacation.

If a citizen expresses his will to resign, expressed on vacation, a dismissal order is issued within the period established by law. If the employee does not appear in person for labor and financial payments (if any) on the day of exclusion from the company’s lists, then the organization sends a registered letter informing of the need to obtain a work book or allow it to be sent by mail.

The dismissal order is drawn up on the basis of the standard T-8 form. It reflects who is being dismissed and from what position, the reason, the date of termination of the employment relationship, and other necessary data (for example, the availability of preferential grounds). The expelled citizen must be familiarized with the issued order in writing.

For your information

Upon dismissal, in addition to the work record book, the employee is issued a certificate in Form 2 of personal income tax, a document on income for the last 2 years, subject to work in this organization, certificates containing information about transfers to the pension fund. At the request of a citizen, he may be provided with other documents relating to his work activity.

What documents will need to be completed?

To go on annual paid leave, you must write an application addressed to the director of the organization. A sample of such a document will be provided to you by the HR department.

You will also have to write an application to apply for parental leave, but you will need to attach a number of supporting documents to it. The fact is that such leave is accompanied by the payment of benefits in the amount of 40% of earnings for the previous 2 years. To receive it until the child is one and a half years old, you will need:

child's birth certificate;
a certificate from his father’s place of work stating that he does not take appropriate leave and did not write an application for benefits.

Monthly payments will be made until the child reaches the age of one and a half years.

If the teacher plans to be on vacation until the child reaches the age of three, you must come to the personnel department of the educational institution and write a corresponding application. It should be borne in mind that you will no longer have to count on government support. There is a benefit from the employer for a child under 3 years old, but its size is depressingly small - only 50 rubles. (Decree of the President of the Russian Federation dated May 30, 1994 No. 1110).

Payments

Since the termination of labor interactions at the will of the employee is a positive reason, he is entitled to all payments:

Salary calculated per day of care;
Reimbursement for unused vacation time (if any);
Bonuses and incentive payments provided for in the employment contract.

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https://www.youtube.com/watch?v=ytdevru

If a citizen has used vacation without working the required period, deductions will be made to him upon final payment. The procedure and terms of calculation are regulated by Art. 140 Labor Code of the Russian Federation.

Payments can be made in cash through the company's cash desk or by transfer to a citizen's salary card. It is not allowed to transfer wages to a card registered to a third party, even with a written application from the dismissed employee.

Teacher's maternity leave and teaching experience

According to Art. 256 of the Labor Code of the Russian Federation provides leave to care for a child until he reaches the age of three years in a declarative nature. The corresponding period is included in the total and continuous work experience, as well as in the work experience in the specialty. When teachers retire early, as required by law, the period of parental leave is not included in the length of service for a preferential pension (Federal Law of 2002). It is possible to protect this period of service on a preferential pension in court.

Thus, parental leave is included in the calculation of the total length of work and teaching experience, but is not included in the preferential length of service for retirement based on the length of service of a teacher. However, the first leave received by a teacher in connection with pregnancy and after the birth of a child in the amount of 140 calendar days is included in the preferential length of service.

Compensation for unused vacation to an employee without salary (Yamanova N

Employee of Viking PJSC K.N. Vityazev was hired by the company on September 8, 2014 with a salary of 23,700 rubles. On the same day, he was sent on a business trip until October 31, 2014 with an average salary of 43,090.91 rubles. [RUB 23,700 : 22 working hours days x (17 working days + 23 working days)].

The length of service giving the right to annual basic paid leave is counted from the first day of employment of the employee with the company. For each working year, he is entitled to annual basic paid leave of 28 calendar days (Part 1 of Article 115 of the Labor Code of the Russian Federation).