Leave Payment in Depend on His Kind: Some Aspects

Everyone has a legal right to rest.

Under Article 114 of the Labor Code, the employee has a guaranteed right to an annual paid vacation. Legislation guarantees him the preservation of the workplace and the payment of rest in the amount of average earnings.

Main annual leave

The main paid vacation, provided to all employees, is 28 days. In this case, certain categories of workers are entitled to additional leave. These include employees employed in harmful or dangerous jobs, as well as in some other cases provided for in articles 115 and 116 of the LC RF.

Payment of leave is calculated in accordance with its duration in calendar days. The maximum limit for payment is not established by law. Holiday non-working days that fall for this period are not included in it and are not paid additionally.

Calculation and subsequent payment of leave (under Article 136 of the LC RF) must be made no later than 3 days before it starts.

For the first year, which the employee has worked at the enterprise, rest can be provided after a lapse of six months from the moment of his constant work. There are also cases of granting an early rest when an agreement is reached between the employee and the employer. In any case, the payment of leave is made in accordance with the experience.

Calculation of the average earnings for the calculation of vacation pay and unused leave is made in accordance with the Decree of the Government of the Russian Federation No. 922 of December 24, 2007 and Article 139 of the LC RF. In this case, all types of payments should be taken into account, regardless of their source. Payments of a social nature and other payments that do not apply to pay are not taken into account.

The average earnings is calculated by dividing the wage amount for the billing period by 12 months, then by the average number of calendar days in the month (29.4).

Calculation of vacation is made by multiplying the average salary by the number of days on vacation.

Study leave

In accordance with Art. 173-179 of the Labor Code of the Russian Federation it is granted to employees who, in parallel with the basic work, are trained on day or evening forms in higher education institutions, CAPs and those employees who study in the formations of primary vocational education (school, training plant, etc.) or evening schools.

At the same time, educational leave can be paid only in relation to those employees who receive the first education, study successfully and leave them for the duration of sessions and diploma protection, or when the educational institution has state accreditation. In addition, leave is granted in cases of admission to an educational institution.

Employees who work at the enterprise concurrently do not receive study leave. According to the legislation, only the main employees have the right to a paid educational separation from production (Article 287 of the Labor Code of the Russian Federation).

Payment for separation from work for the implementation of educational and scientific activities should also be done by graduate students and doctoral students. This is not defined by the LC RF, but by the Law of 28.08.1996 No. 125-FZ (Article 19).

Maternity leave (maternity leave)

All women working under an employment contract who are going to become mothers (according to Article 255 of the Labor Code of the Russian Federation) have the right to this type of leave .

But not only pregnant employees have the right to such a temporary cessation of work activities while maintaining their salary and position. Employees who adopted children under the age of 3 months receive the same right as women giving birth (Article 257 of the Labor Code of the Russian Federation).

Payment of maternity leave is made after calculating the length of time for rest from work to a woman before and after childbirth (or adoption of children). This type of recreation consists of two parts, which represent the prenatal and postpartum periods. The average vacation period is 140 calendar days.

The allowance paid during pregnancy and childbirth is given to all working women, as well as registered in employment centers and dismissed due to liquidation of the organization. Its value depends on the average annual earnings, taking into account additional income (premiums, incentives, etc.). Since January 2010, the lower limit of the allowance is 2061.41 rubles (at the birth of the first child).

Mandatory annual leave to mothers is provided additionally.