Vacation time in kindergarten. Extended parental leave. Grounds and rules for calculating leave of educators

Vacation is free time from work during the number of days established by law. Labor laws differ the following types: annual (basic and additional), preferential ( additional holidays women with children, participants in the Great Patriotic War), special (training, temporary disability, pregnancy and childbirth, family circumstances, etc.).

The type of rest time is annual paid holidays (basic and additional), which are provided for rest for work for a certain time while maintaining the place of work (position) and average earnings.

For recreation, some preferential holidays without saving are also provided. wages.

Question: How long is the labor leave granted to employees of preschool institutions? Is it necessary to carry out certification of workplaces for this purpose?

QUESTION: How long is the labor leave granted to employees of preschool institutions? Is it necessary to carry out certification of workplaces for this purpose?

ANSWER: The duration of labor workers of preschool institutions depends on the category of preschool institutions. To provide labor leave to teaching staff, incl. employees of preschool institutions, certification of workplaces for working conditions is not required.

What is the duration of holidays for teachers of combined, correctional and preschool education. compensatory institutions?

In our city there are gardens of combined, corrective and compensatory types. one). a kindergarten of a combined type (according to the charter) is attended by children with a diagnosis of cerebral palsy. since by the type of educational activity, this garden does not belong to correctional ones, the duration of the main one is 42 days. but the head of children. Sada says that there are teaching staff. including and educators working with children (with cerebral palsy) and their main.

Leave of preschool workers

The specific list of employees and the size of the increase in wage rates (official salaries) for work in these educational institutions in the range from 15 to 20% are determined, depending on the degree and duration of communication with students.

Leave granted to teaching staff

The duration of the extended leave depends on the type of educational organization and the position held by the teacher, and can range from 42 to 56 calendar days.

teacher additional education – internal part-time and the Deputy Director for Educational Affairs should be granted an extended paid leave of 42 calendar days if they work in an institution of additional

Pedagogical workers are entitled to an annual basic extended paid leave * (Art.

Wishes of employees when planning vacations

The schedule allows the employer to regulate the sequence of rest of employees. Naturally, many employees want to leave in the summer, and the employer is interested in his team resting evenly throughout the year without prejudice to production. And, of course, disagreements often arise on this basis. Should an employer take into account the opinion of employees when planning vacations?

Many employers, when drawing up a schedule, try to meet the needs of employees and take into account their wishes when choosing a date.

Regulations on the rules for granting annual additional paid leave to employees with irregular working hours in an institution - file

ON THE RULES FOR PROVIDING ANNUAL ADDITIONAL PAID VACATION OF THE MUNICIPAL PRESCHOOL EDUCATIONAL INSTITUTION OF KINDERGARTEN No. (MDOU No.)

This Regulation has been developed in accordance with Article 119 Labor Code Russian Federation, with the "Rules for granting annual additional paid leave to employees with irregular working hours in institutions financed from the regional budget", approved by Government Decree _______________ dated ________ No.

Why teachers have a vacation of 56 calendar days

In other words, teachers, managers, as well as educators working in the above positions, in preschool educational institutions and whose hours of work, without fail, correspond to the monthly salary rate, should have one.

AT primary school and kindergarten, as well as in specialized schools for children with any disabilities, the weekly duration of work should be 25 hours, that is, no more than 5 hours a day with a five-day work.

Pedagogical workers are a special category of personnel, rights and obligations, as well as the specifics of the organization labor relations with which it is prescribed in a separate section labor law.

Special conditions also apply to the regulation of holidays. In particular, it is generally known that persons working in the field of education are entitled to extended annual leave.

It is advisable to understand how much teacher leave is and on what grounds it is provided in more detail.

Normative base

The Labor Code of the Russian Federation is the basis for determining the duration of the leave of pedagogical workers, the procedure for organizing it and calculating payments.

These are his articles, such as:

• 333 - describes the organization and duration of working hours;
• 334 - reveals the main aspects of the annual extended paid leave;
• 335 - sets out in detail the specifics of a long vacation.

More detailed issues of organizing rest time for educators during the year are considered by such regulatory legal acts of the Russian Federation as:

• Federal Law "On Education" (Article 55);
• Order of the Ministry of Education and Science of Russia dated December 22, 2014 N 1601 (on the duration of the working hours of pedagogical workers);
• Decree of the Government of the Russian Federation No. 466 (on extended annual paid holidays).

These legislative acts detail the grounds for granting free time to employees, determine its duration, and also establish the process for calculating the necessary payments.

You can read the full text of the documents here:

Types of holidays provided to teachers

Pedagogical workers, just like other categories of personnel, are entitled to receive annual leave, for which they will receive payments in the amount of the average salary, as well as to a number of other additional holidays.

An important feature in this case is the fact that vacations occur mainly during the holidays of students.

Another paid

At the same time, there are several important rules that employees of the personnel services of educational organizations are required to comply with:

• employees are informed in advance about the timing of vacations;
• payments are made before the employee takes a well-deserved annual rest;
• leave must be granted to the employee annually: next - during the holidays, on demand - at any time of the year;
• for teaching staff, the time spent on vacation, in contrast to the usual categories of personnel, has been doubled (the standard duration of vacation is 28 days).

During the vacation, the position of the person, his salary remains unchanged: the management of the educational institution does not have the right to dismiss him or arrange his transfer to another position.

Before the employee goes on vacation, the workload for the next year is agreed with him.

This is because by the time of entering the workplace, the work schedule was formed and the payroll parameters were determined.

Without saving money

If necessary, and if there are good reasons, an employee of an educational institution may be granted leave without pay at any time of the year.

The specifics of this kind of release of an employee from execution official duties is:

• Leave may be granted to an employee if his absence does not negatively affect the educational process. In this light, the employee must notify management in advance so that a temporary replacement can be found.
• Although the institution will not make any payments to the employee, the workplace and earnings will be saved.
• The employee must provide management with a statement indicating the reasons for applying for an extraordinary leave without pay and its timing.
• If, while on vacation, the employee falls ill, about which he will provide the management with a sick leave, then he will be additionally exempted from performing job duties for the number of sick days.

It should be noted that the teacher also has the right to a long vacation of up to one year at least once every 10 years.

elongated

Vacations granted to employees in the field of education are considered extended, since they are doubled compared to vacations for personnel in other areas of activity.

The extended leave of teaching staff is due to the high mental and emotional stress experienced by this category of personnel during the year.

AT general view we can talk about the existence of two types of vacations for teachers: 56 and 42 days long.

Employees can count on a 56-day release from work duties annually:

• organizations of primary, secondary and higher education;
• factories and workshops organized on the basis of schools;
• refresher courses;
• psychological assistance services at educational institutions;
• medical institutions practicing pedagogical activity.

As for the vacation of 42 days, which is also provided once a year and paid, it is designed for employees:

• organizations of preschool and additional education;
• classrooms involved in educational and methodological work;
• other educational structures.

Is there a deduction for vacation during a reduction? The answer is here.

Who and on what grounds can receive them?

Teachers' leave granted to them every year - required condition activities of this category of workers.

However, to obtain it, certain important conditions must be met:

• full development of the teaching load established at the beginning of the year;
• registration in the state as the main employee, and not part-time;
• writing an application for the allocation of the next vacation addressed to the head of the institution.

Conditions for granting vacations to various categories of teaching staff

Kindergarten teachers and speech therapists

Educators and speech therapists operating within institutions preschool education, go on vacation lasting 42 days, usually in the summer.

To obtain it, you will need the following grounds:

• labor activity for 5-6 days a week;
• performance of duties during a full day (12 hours), an extended day (14), a shortened day (8).

Depending on the number of hours worked per year, vacation payments to employees of such institutions also vary.

On average, speech therapists and kindergarten teachers have to work 20 hours a week (1 rate).

teachers

Vacation for teachers in 2017 in Russia was determined at the same level - 56 days a year. At the same time, the vacation schedule falls on summer time, while school students are on vacation.

Teachers leave the walls of educational organizations far from the whole team: teachers of primary classes go on a well-deserved rest first, followed by subject teachers, and then heads of graduating classes.

Accordingly, those who were the first to go on vacation are the first to go to work. This happens a few weeks before the start of the school year.

The grounds for granting leave to teachers are:

• availability of the status of the main employee;
• implementation pedagogical work for 36 hours a week (1 bet).

Of course, teachers can work as the main employee and part-time, but in this case, their vacation pay will be much smaller.

Teachers of secondary specialized institutions and universities

Vacation of a teacher of a university or secondary special educational institution is 56 days.

This rule applies to:

• executives (rectors, vice-rectors, heads, directors);
• teaching staff.

In order to count on receiving such rest time once a year, the employee must:

• be on the staff of an educational institution;
• to carry out teaching work within a month for 150 hours.

It should be emphasized that teachers working in the regions of the Far North and equated to them are entitled to additional paid vacations of 24 and 16 days, respectively.

Design features

Despite the fact that employees of educational institutions know that their holidays will take place in the summer, the personnel department must take care of the following details:

• no later than two weeks before the start of the holidays, draw up a schedule and familiarize it with each employee's signature;
• if possible, adjust it in accordance with the wishes of individual employees;
• collect from all employees applications for granting them annual leave;
• form an order, certify it with the signature of the head of the institution, and also familiarize the staff with its content.

As mentioned earlier, the academic workload for the coming academic year is formed before employees go on vacation.

What does a vacation notice look like? You can find the document template here.

Subsection 1 section. II

Subsection 2 sect. II

4. Teaching staff referred to in paragraph 1, working with students with disabilities and (or) persons in need of long-term treatment

Subsection 2 sect. I

5. Leaders working with students with disabilities and (or) persons in need of long-term treatment specified in clause 2

Subsection 1 section. II

6. Managers working with students with disabilities and (or) persons in need of long-term treatment specified in clause 3<*>

Subsection 2 sect. II

Organizations of additional education. For pedagogical and executive employees of the preschool educational institution, the following duration of vacations is established.

1. Instructor-methodologist, accompanist, methodologist, teacher of additional education, counselor, educator, trainer-teacher, senior instructor-methodologist, senior methodologist, senior teacher of additional education, social pedagogue, teacher-psychologist

Subsection 2 sect. I

2. Director, manager

Subsection 1 section. II

3. Deputy head (director, manager, head); head (director, head, chief, manager) of a structural unit; deputy head (director, head, chief, manager) of a structural unit<*>

Subsection 2 sect. II

4. Teaching staff specified in paragraph 1, working in a preschool educational institution in the field of arts (children's art schools)

Subsection 2 sect. I

5. Leaders working in preschool educational institutions in the field of arts (children's art schools) specified in paragraph 2

Subsection 1 section. II

6. Leaders working in the preschool educational institution in the field of arts (children's art schools), specified in paragraph 3<*>

Subsection 2 sect. II

7. Teachers of additional education working with students with disabilities

<*>Their activities should be related to the management of educational, scientific and (or) creative, scientific, methodological, methodological activities.

General educational organizations, professional educational organizations, educational organizations of higher education, organizations of additional vocational education. The majority of teachers and heads of these educational institutions have the right to a vacation of 56 days, but there are some exceptions. We give a list in the table.

Job titles of employees

Subsection (section) of Resolution N 678

1.1. Teaching staff: assistant, dean of the faculty, head of the faculty, director of the institute, head of the institute, associate professor, head of the department, head of the department, deputy head of the department, professor, lecturer, senior lecturer.

1.2. Other teaching staff:

educator, instructor-methodologist, labor instructor, instructor in physical culture, concertmaster, speech therapist, master industrial training, methodologist, music director, teacher of additional education, teacher-librarian, teacher-organizer, teacher-psychologist, teacher, teacher-organizer of the basics of life safety, head of physical education, social teacher, senior counselor, senior educator, senior instructor-methodologist, senior methodologist, senior teacher of additional education, senior trainer-teacher, trainer-teacher, tutor, teacher, teacher-defectologist, teacher-speech therapist

2. Rector, director, head, chief, president

Subsection 1 section. II

3. Deputy head (director, head, head), head (director, head, head, manager) of a structural unit, deputy head (director, head, head, manager) of a structural unit, first vice-rector, vice-rector, assistant to the rector, assistant to the vice-rector, head (head) of educational (industrial) practice, adviser to the administration, senior master, scientific secretary of the council of an educational organization, scientific secretary of the faculty (institute) council<*>

Subsection 2 sect. II

4. Educators, music directors working in groups for students preschool age with disabilities and (or) in need of long-term treatment

5. Educators, music directors working in groups for students of preschool age, with the exception of those specified in paragraph 4

<*>Their activities should be related to the management of educational, scientific and (or) creative, scientific, methodological, methodological activities.

Other organizations providing training. Pedagogical workers of other educational organizations, whose positions are indicated in sec. I of Resolution N 678, the duration of annual leave is set equal to 42 days.

If such workers work in organizations for orphans and children left without parental care, organizations providing treatment, social service, as well as in the centers of psychological and pedagogical, medical and social assistance, created in accordance with Art. 42 of the Law on Education, then they establish a vacation of 56 calendar days.

Starting from 2015, when granting and calculating vacations, teaching and management employees of educational organizations should be guided by Decree N 466. The duration of vacations depends on the position held and the type of educational institution. In educational institutions of social and cultural orientation, it is higher for the same positions.

Decree of the Government of the Russian Federation of October 1, 2002 N 724 "On the duration of the annual main extended paid leave provided to teaching staff" (with amendments and additions) (lost force)

GUARANTEE:

rectors (directors); first vice-rectors; vice-rectors (deputy directors); directors (heads) of branches of educational institutions; teaching staff; educators; Methodists; concertmasters; educational psychologists; heads of doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts) and other educational departments; leaders (managers) field trip; academic secretaries; additional education teachers

Educational, educational-methodical, methodical rooms (centers)

directors (managers), their deputies; heads of departments and other structural divisions; Methodists; educational psychologists

Psychological services of the education system

directors (managers), their deputies; heads of departments (laboratories); educational psychologists; teachers-defectologists; speech therapists

Health care institutions; social service organizations

heads of the pedagogical department; teachers; teachers-defectologists; speech therapists; educators; music directors; additional education teachers; physical education instructors; masters of industrial training; senior counselors; social educators; teachers-organizers; educational psychologists; speech therapists; Methodists; instructors-methodologists; work instructors

Other organizations carrying out the educational process

teachers-organizers; social educators; educators; additional education teachers; Methodists; masters of industrial training

1. The annual main extended paid leave with the duration specified in paragraphs 1-5 is provided to the deputy heads of educational institutions and heads of structural divisions of educational institutions if their activities are related to the management of the educational (educational) process or methodical (scientific and methodological) work.

2. The duration of the annual main extended paid leave is 56 calendar days for the following teachers:

educators, music directors, physical education instructors, speech therapists, speech pathologists working full-time in preschool groups for pupils with disabilities or in preschool sanatorium groups for pupils in need of long-term treatment, which are part of educational institutions for children of preschool and primary school age, preschool educational institutions;

teaching staff referred to in paragraph 1 and working in music schools, art schools and other art schools;

teachers of additional education of educational institutions of additional education of children working with students with disabilities within the limits of at least the norm of hours of pedagogical work, for which the wage rate is paid.

3. The annual main extended paid leave of 42 calendar days is provided to educators and music directors working in preschool groups of educational institutions and educational institutions for children of preschool and primary school age.

4. Annual extended paid holidays of the duration established by this document are used by pedagogical workers in positions of the same name with the title "senior" or "chief".

5. The duration of the annual main extended paid leave for vice-rectors (deputy directors), except for the first vice-rector, vice-rector (deputy director) for academic, scientific work, evening and distance learning, distance learning and information technology, professional development; for deputy deans of faculties, directors (heads) of branches, heads of doctoral studies, postgraduate studies, research departments (sectors), educational departments (parts) and other educational structural divisions; for managers (heads) of industrial practice, scientific secretaries is 56 calendar days, subject to their conduct in academic year in the same educational institution of higher professional education or educational institution of additional professional education (advanced training) of specialists of teaching work in the amount of at least 150 hours.

Information about changes:

6. The annual main extended paid leave of 56 calendar days is provided to teachers of educational institutions of higher professional education working in structural divisions these institutions implementing general educational programs and educational programs of primary vocational and secondary vocational education, respectively, in the positions specified in paragraphs 1 and 5 of this Appendix.

A new duration of the annual basic extended paid leave provided to teachers of educational institutions has been established, depending on the type of educational institution and the position of the teacher.

Decree of the Government of the Russian Federation of October 1, 2002 N 724 "On the duration of the annual basic extended paid leave provided to teaching staff"

By Decree of the Government of the Russian Federation of May 14, 2015 N 466, this resolution was declared invalid

This document has been modified by the following documents:

The changes come into force 7 days after the day of official publication of the said resolution.

Labor leave is granted to employees of enterprises on the basis of an employment contract concluded between him and the employer in accordance with the provisions of legislative acts on labor.

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At the beginning of the year, the personnel department of each enterprise draws up a vacation schedule for employees, familiarization with which is carried out against signature. When compiling it, the opinions and wishes of the employee should be taken into account, so he has the right to choose the time of rest at his own discretion.

Legal basis

Regulates the provisions on granting labor leave of the Constitution, the Labor Code of the Russian Federation.

According to the provisions of the Labor Code, vacation is understood as a certain period of time during which the employee is vested with the right not to perform work duties.

The duration of the labor leave is set in accordance with the instructions of the Labor Code. It notes that 28 calendar days are allotted for labor leave.

During the vacation, the employee retains wages and a workplace. He has the right to take part of the vacation in accordance with the instructions of the labor code, for example, 14 calendar days, but no more.

The duration of the vacation is affected by the nature of the executed functional duties, age of the worker, duration of work at the given enterprise.

For example, employees under the age of 18 are entitled to 31 days of labor leave, employees of educational institutions 48 calendar days.

The first labor leave can be submitted after six months, as the employee got a job in accordance with the instructions.

For previous years, leave is provided in the form of a regular one, it can be transferred to subsequent years due to production responsibility by agreement of the parties.

In this case, the employee can take a vacation for 12 months. For many workers, the question is very relevant: how to calculate parental leave? In the calculation of the average monthly earnings for the accrual of vacation pay, all types of payments made, bonuses are taken into account.

Vacation pay formula

When calculating vacation pay, it is necessary to be guided by the requirements of the Labor Code of the Russian Federation, the Government Decree, issued on December 24, 2007 on. The last amendments were made in April last year.

Vacation pay is calculated based on the average earnings of the employee. The calculation is carried out on the form of form No. T-60 “Note-calculation on granting leave to an employee”, which was approved by a resolution of the State Statistics Committee of the Russian Federation on January 5, 2004.

At the same time, the calculation takes into account the period of working time for which they are accrued.

The average salary of an employee is calculated taking into account:

• size official salary or tariff scale;
• received royalties, royalties;
• all types of additional allowances, including those for merit;
• incentives and bonuses received during the year;
• seniority payments.

Moreover, the calculation does not include payments made in the form of material assistance, on sick leave as a result of temporary disability.

The average salary is calculated by the formula:Where:

At the same time, the days when the employee was on sick leave, took time off, holidays and weekends, and was on a business trip are deducted from the billing period.

If the employee is not a full billing period, that is, he has not been fully worked out, then the average earnings are calculated according to the formula: Where:

The number of days worked in a month is given by the formula:
If not a full month is worked out, then it is calculated as:The amount of vacation pay is calculated according to the formula:

Example

Initial data: in accordance with the vacation schedule, the employee is entitled to labor leave from May 22 of the current year. Vacation duration is 28 calendar days. His salary is 40 thousand rubles. He has been with the company for three years.

Calculation sequence:

• the salary of an employee for the month of May is calculated:

• the number of days worked in May is calculated:

• in September, the worker did not go to work because he was sick for three days. September salary was:

• is the number of days worked:

• The average wage is calculated

• the amount of vacation pay is:

• the amount of personal income tax is calculated in the amount of 13%:

• vacation pay due:

How to calculate the teacher

Vacation payments are calculated on the basis of the average monthly salary for the 12 calendar months that have passed since the previous vacation.

The salary of a kindergarten teacher consists of two parts:

• official salary;
• incentive bonus.

According to the instructions of the labor code, incentive bonuses are added to wages. Hence, in the calculation of the average monthly wage, in accordance with the instructions of Article 139, they should be taken into account.

This provision is also enshrined in the Decree of the Government of the Russian Federation, which notes the use of all wage systems provided by the employer, regardless of the source of payments, in the calculation of the average monthly wage.

If the employee was on sick leave

Sick leave is calculated according to general rules, that is, for days on a sick leave, the payment is calculated separately from vacation pay.

Calculation of payment for sick leave is carried out according to the instructions of the Federal Law, which was published under the number 255, which was adopted on December 29, 2006.

In accordance with legislative acts, leave is postponed to another time or extended in proportion to the days of illness.

With piecework pay

The system of piecework wages for an employee provides for making payments for the actual number of products released by him, the amount of work performed, services rendered.

It has several types of wages, such as:

• simple, payment is made for the quantity or volume of products manufactured, works or services performed on the basis of the rates adopted at the enterprise for the release of a unit of products, works or services;
• piece-bonus, remuneration is made with the accrual of bonuses, which are set in fixed amounts or as a percentage of the wage.

According to the instructions of legislative acts, when calculating the average monthly earnings, all accruals are taken into account, including bonuses, which are paid together with wages.

If there was a vacation without pay

There are cases when an employee takes leave without pay. Any employee upon application may be granted unpaid leave with a maximum period of 14 calendar days. In this case, the time of unpaid leave is not included in the calculation period of the labor leave.

According to the current labor legislation, if the employee was on leave without pay, then vacation pay is not accrued to him in accordance with the instructions of the current legislative acts, namely Federal Law No. 255.

Calculation to a civil servant

The rules for calculating vacation pay are approved by a decree of the government of the Russian Federation under, issued in September 2007.

In accordance with the above document, the accrual is made taking into account the official salary and additional payments that are paid as monthly allowances to the established salary, cash incentives, material assistance.

If a civil servant works in a regional body, then, depending on the region, vacation pay is accrued using the regional coefficient.

These include allowances for:

• length of service that was worked out in state bodies;
• special conditions under which functional duties are performed,
• for the performance of work related to state secrets;
• performance of tasks of special importance and complexity.

But it should be noted that when calculating vacation pay, payments made for the performance of work at odd hours, holidays and weekends, and the combination of work duties in different positions are not taken into account.

Accounting for premiums

The labor legislation does not give a clear wording of the bonus, although it is one of the types of employee incentives to perform their duties properly and is included in the salary.

The procedure for accounting for bonuses when calculating vacation pay is carried out in accordance with the instructions of labor legislation, which refers to accounting for the full amount of bonuses.

For example, the calculation of the average monthly salary is made taking into account bonuses for achieved production indicators and professional skills.

As for one-time bonuses, they can be taken into account in the calculations, provided that their employment contract, local acts are included as a regular paid part of the salary.

For example, some enterprises include it in the provisions on remuneration or bonuses for employees of the enterprise.

One-time bonuses issued to employees in connection with holidays, anniversaries, memorable dates are not subject to accounting in accordance with the provisions of the letter in the calculation of average monthly earnings.

This provision is enshrined in a letter from the Ministry of Health and Social Development of Russia, which was issued under the number 22-2 / 377012 in October 2011.

If a one-time bonus was issued to employees for the successful completion of a project, winning a competition or any other event, then it can be paid in the amount actually accrued in accordance with government decree number 922, published on December 24, 2007.

Billing period

The duration of the billing period taken when calculating vacation pay depends on the actual hours worked. But in any case, it should not exceed one calendar year. In this case, the period from the 1st to the last day is taken as a calendar month.

Civil servants, employees of the prosecutor's office are granted labor leave equal to 30 calendar days.

In addition to the main labor leave, legislative acts provide for the provision of additional paid leave for medical workers, so the question often arises: how to calculate vacation pay for a health worker?

A specialist who has started working as a teacher of a preschool institution, from the moment of registration receives legal right on the . Since pedagogical activity has specific features associated with increased responsibility and complexity, the legislators of the Russian Federation provide for opportunities to provide optimized conditions for recreation, to help preserve the physical and psychological health of teachers.

A vacation is the longest vacation. The article tells about what types of holidays kindergarten teachers can count on, how many days they last.

Kindergarten teacher leave: legal regulations

The teacher of a preschool educational institution (DOE) is a profession that requires undoubted creative abilities from a person. Crafts, drawings, on which children are interested, are the embodiment of the ideas, ideas of the educator in working with children.

Communication with babies requires more than just professional skills but also special spiritual qualities. In the children's groups with which the teacher works, there are about two dozen children who are completely different in character, temperament, preparedness for the collective life.

Thanks to the ability to find an individual approach to each of them, educational activities are built that are akin to art. At the same time, the profession is associated with a high responsibility for life, health and educational process. The state, in turn, takes care of the working conditions and rest of the employees of preschool educational institutions.

The legal basis regulating the duration, regime and holidays of a kindergarten teacher is the Labor Code of the Russian Federation, its separate articles. The organizational moments of the working time of teaching staff are regulated by Art. 333 of the Labor Code of the Russian Federation, the features of providing annual leave are reported in Art. 334 of the Labor Code of the Russian Federation, the duration of the rest of pedagogical workers is considered in article 335.

Details on the rest of teachers are given in the Law “On Education in the Russian Federation” No. 273-FZ, government decrees of 2013 and 2014, and the order of the Ministry of Education of 2014.

AT normative documents approved the duties of kindergarten teachers. Developed job descriptions, sanitary and epidemiological requirements (SanPiN 2.4.1.2660) and employment contracts that are concluded between the educator and the employer.

The duties of the preschool teacher include all the points specified in these legal acts:

• admission of children in the morning to the group;
• participation of the educator in the organization of meals for children;
• direct work in the children's team throughout the day;
• organizational moments of daytime sleep of children;
• organization of walks;
• etc.

In accordance with the law of the Russian Federation, the educator has the right to independently choose methodological forms of education and training of preschool children, create a system for evaluating the results of activities and achievements. Such a rule is indicated in article 128 of the Labor Code of the Russian Federation.

Vacation types

Types of vacations due to employees

People of any professions, positions have the right to rest, which is represented by several categories:

1. During the working day there are breaks for meals.
2. Exemption from work for a day or more per day.
3. The longest vacation is vacation.

There are conditions under which a person receives the right to take a vacation. Having gone to work in a preschool educational institution, the educator can apply for leave only after six months of work.

At the same time, it is possible to take a full or partial period of release from work. In further working years in the same institution, you can go on a long vacation at any time. Labor leave is granted exclusively for hours worked (not calendar).

The law establishes the number of paid days of rest for an employee of the pedagogical sphere, and also notes the difference in types of vacation:

• annual paid (basic, additional);
• preferential for women raising children, participants in the Second World War;
• special leave due to temporary disability, educational, special circumstances and others;
• days of rest without pay are provided.

Important! The vacation period of preschool teachers belongs to the second category of pedagogical specialists.

The management of the organization of the educational preschool cycle is obliged to take care of the working capacity and health of its employees. Vacation scheduling is an integral part of the administration's activities. Preliminary work on the preparation and approval of the schedule consists in interviews with employees in order to agree on the time of rest.

In a situation where an employee needs free time, he can apply to the employer with a statement indicating the reason and time for receiving leave without pay, at his own expense. Given the circumstances in this moment time, the manager may legally refuse, not give consent to rest.

Due to the exceptional circumstances that have arisen in a children's institution, the educator may be recalled to the workplace. This option is provided by law. Upon the return of the teacher to the workplace, it is necessary to issue in writing the consent of the employee to the recall.

Vacation duration

How long is a tutor's vacation?

An employee of the pedagogical sphere receives the legal right to leave automatically from the very beginning of work, from this time the individual working year of the employee begins. However, you can use the right to rest only after six months of work in this children's institution. The worker or length of service does not affect the duration of the vacation.

The rest of the educators of children's institutions is regulated taking into account the created working circumstances.

The duration of the rest is 42 calendar days. Teachers mostly take vacations during the summer.

Because preschool educational institutions not associated with vacation time, educators can rest at any time of the year. Pedagogical employees of kindergartens receive holidays according to the principle of the chosen order, without relativity to any particular time of the year.

Taking into account such circumstances, the employer and the employee must agree in detail the conditions of both working time and vacation. The teacher has the right to use days of rest without payment (without maintenance) for his own interests.

Regardless of the reasons, leave at one's own expense is limited to 14 calendar days. An application for such a vacation does not oblige the head to sign it if the absence of a specialist will negatively affect the educational process.

The amount of annual leave depends on the position. For educators, the specification of a children's institution matters.

The legislative documents of the Russian Federation provide for additional vacations (DO). The employer can independently resolve issues related to the additional rest of employees. This may take the form of compensation for non-standard working conditions.

And it happens that DO is used as a reward for conscientious long-term work.

Often, employees combine their main work with training. Under such circumstances, Art. 177 of the Labor Code of the Russian Federation provides guarantees and compensations, additional holidays. Educational extra days rest are provided at the main place of work.

Pedagogical specialists, depending on the place and working conditions, from the position, are allowed to extend the rest up to 56 days.

Grounds and rules for calculating leave of educators

Rules for calculating the leave of the educator

The right to leave is a constitutional right of citizens of the Russian Federation and is guaranteed to employees who work on the basis of an employment contract (Article 37 of the Constitution of the Russian Federation). An employer cannot refuse an employee to provide annual paid vacation days. Violation of legislative documents entails.

At the beginning of the calendar working year, the employer, jointly with the trade union body, approves a schedule in which the order of vacationers is established by personal agreement with each of them.

Important! If in an organization an employee is employed in two positions, then paid release from work for the period of rest is due from both positions.

Leave is also granted to employees registered for a part-time position. Workplace is retained by the employee during the vacation period.

Article 122 of the Labor Code of the Russian Federation guarantees annual paid leave for preschool teachers. The priority of the vacation period is established in accordance with the schedule approved in the preschool institution.

Part-time workers are granted annual leave at the same time at the main workplace and part-time.

Days off are taken into account when registering a vacation in calendar days. Vacation time holidays are not taken into account (Article 120 of the Labor Code of the Russian Federation).

Vacation pay formula

Vacation pay is calculated in accordance with Art. 139 of the Labor Code of the Russian Federation, Government Decree No. 922 of December 24, 2007, as amended. The calculation is based on the average employee and the period of hours worked.

When calculating the size of average earnings (SZ), the following is taken into account:

1. The amount of total earnings (SR) for the billing period (including remuneration, allowances, bonuses, payments for service).
2. Settlement period (calendar year 12 months).
3. Average number of calendar days (29.3).

The calculation data does not include payments made as material assistance, payment of sick leave for temporary disability. Holidays, weekends, days off, business trips are not taken into account.

Calculation formula: SZ \u003d ZP: 12: 29.3

In the case of an incomplete worked billing period, the average earnings (SW), monthly earnings (EZ), average number of calendar days (SCKD) and hours worked (M) will be taken as the basis.

Calculation formula: SZ \u003d EZ: SCCHD x M.

Vacation pay is calculated taking into account the official salary and allowances.

Also provided cash payment for unused vacation time. The number of days over 28 is taken into account. When a specialist is dismissed, it is allowed to replace the vacation with monetary compensation.

Features of providing different categories of educators

By order of the Ministry of Education and Science of the Russian Federation No. 1014 p. 13 of 08/30/2013, educational activities are organized according to educational programs. In the preschool educational institution, the educational program is carried out in groups that provide for a specific direction:

• general developmental character;
• simplified, replenishing;
• reproductive properties for children prone to frequent diseases;
• combined character.

For children of the main group, the work is aimed at a general developmental direction, an educational program is being implemented for preschool age.

With children who have certain deficiencies in physical or mental development, who have limited circumstances in achieving a certain level of improvement, simplified classes are conducted in groups of the so-called compensatory purpose, the purpose of which is to correct personal developmental deviations, social addiction.

Children with disabilities due to exposure to tubercle bacillus, as well as children susceptible to frequent illnesses, requiring long-term treatment and in need of providing the necessary medical and health-improving procedures, are kept in health groups. In such groups, sanitary-hygienic, medical, health-improving and preventive special procedures are skillfully combined with the implementation of an educational program.

Combined groups are designed for the joint education of children in good health and children with disabilities (HIA). Educational, educational activities are carried out in accordance with the training program of preschool education, adapted for children with disabilities, taking into account their individuality, originality of psychophysical development. Here developmental disorders are corrected, pupils with disabilities are adapted and socialized.

Federal Law on Education No. 273 provides for the availability of documents certified by the PMPK (Psychological-Medical-Pedagogical Commission). Based on the final data, commissions are created special conditions for the education of children with disabilities.

In connection with the educators of such specialized institutions, Government Decree No. 466 of 05/14/2015 is endowed with the opportunity to receive a long vacation of 56 days.

This means that the leadership of the preschool educational institution, in which groups of a specialized orientation function, are obliged to provide educators of such groups with an extended vacation of 56 days according to the calendar.

About the duration of the vacation of kindergarten teachers, see this story:

Question form, write your

Extended leave of a teacher of a preschool educational organization when working with children with disabilities.

I work as an educator in a preschool educational organization. My group is of a general developmental orientation, but since September 01 I was enrolled in it new baby. The child has vision problems and belongs to the category of children with disabilities.

Currently, I have 42 calendar days of annual paid leave. When I asked whether or not the vacation would be extended to 56 days, the administration replied that for this it was necessary to work in a group where all the children were with disabilities.

Please explain whether or not the extended leave of the educator (56 calendar days) depends on:

- work in a group where all children are with disabilities;

- the number of children with disabilities in the group.

Extended leave of the educator in terms of the regulatory framework

The duration of the annual main extended paid holidays, approved by the Decree of the Government of the Russian Federation of May 14, 2015 No. 466 (Resolution No. 466).

As a general rule, the duration of extended leave for teachers of preschool educational organizations is 42 calendar days (paragraph 1 of section I of the annex to resolution No. 466). An extended leave of 56 calendar days is established for teaching staff working with students with disabilities (paragraph 4 of section I of the annex to resolution No. 466).

The procedure for organizing and implementing educational activities for the main general educational programs - educational programs of preschool education was approved by order of the Ministry of Education and Science of Russia dated August 30, 2013 No. 1014 (hereinafter referred to as the procedure).

Clause 13 of the procedure establishes that educational activities in educational programs of preschool education in an educational organization are carried out in groups.

Groups can have a general developmental, compensatory, health-improving or combined orientation.

In groups of a general developmental orientation, the educational program of preschool education is being implemented.

Compensatory groups implement an adapted educational program of preschool education for children with disabilities.

In groups of combined orientation, joint education of healthy children and children with disabilities is carried out.

Thus, if the educational organization has groups of compensatory or combined orientation, then the extended leave of the educator should be 56 calendar days.

Extended leave of the educator depending on the number of children with disabilities

SanPiN 2.4.1.3049-13 "Sanitary and epidemiological requirements for the arrangement, content and organization of the working hours of preschool educational organizations" (hereinafter - SanPiN) determines the recommended number of pupils for compensatory or combined groups.

In particular, paragraph 1.12 of SanPiN establishes the maximum recommended number of children with disabilities when completing groups of a combined orientation. The minimum number of children with disabilities in the acquisition of combined groups has not been established.

Decree No. 466 does not establish the relationship between the duration of the teacher's leave and the number of children with disabilities in the combined group.

Thus, the presence in the group of at least one child with disabilities is the basis for creating a group of combined orientation. And, as a result, providing the teacher with an extended vacation of 56 calendar days.

Summarizing
The extended leave of an educator working with children with disabilities does not depend on the number of such children or work in a compensatory group.