The first of September — Knowledge Day — is not included in the list of public holidays. However, parents of schoolchildren who wish to attend the ceremonial assembly may receive a legal day off on this day. This was reminded to the agency “Prime” Head of HR Service, Yakovlev & Partners Legal Group Svetlana Krasnyanskaya.
How to get a day off on September 1?
There are several ways to spend Knowledge Day with children and not go to work legally:
- take annual leave that falls on September 1st;
- agree with the manager one day of unpaid leave (at own expense);
- take one day as an additional paid vacation;
- ask for an additional paid day off if you donated blood as a donor and went to work that day (Article 186 of the Labor Code of the Russian Federation);
- take a day off for work on a weekend or non-working holiday (Article 153 of the Labor Code of the Russian Federation).
Can an employer refuse a vacation at his own expense?
According to Part 1 of Art. 128 of the Labor Code, an employee can ask for unpaid leave by submitting a written application to the employer. Such leave can be given for family reasons, as well as for other valid reasons, the list of which is not established. The duration of leave at one's own expense is determined by agreement between the employee and the employer. Thus, the employer can sign an application for unpaid leave, reduce the number of days requested, or refuse leave if it considers the reason insufficiently valid.
However, in Part 2 of Art. 128 lists the list of employees to whom the employer cannot refuse to provide leave at their own expense, and the limit of additional vacation days is indicated:
- participants of the Great Patriotic War — for up to 35 calendar days a year ;
- working old-age pensioners — up to 14 calendar days a year;
- parents and spouses of military personnel, employees of state institutions who died or died due to injury in the line of duty —  ;no more than 14 calendar days per year;
- working disabled people — up to 60 calendar days a year;
- employees who are married, have a child or a close relative dies — no more than five calendar days.
- with irregular working hours.
- employed in work with harmful or dangerous working conditions.
- workers in the Far North and equivalent territories.
- performing work of a special nature.
- other employees, if the condition for granting their annual additional paid leave is prescribed in one or another federal law.
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There are other categories of citizens who have the right to leave without pay. It is provided for by separate federal laws. Read more about this in the material aif.ru.
To whom and for how long are additional paid holidays provided?
According to Art. 116 of the Labor Code of the Russian Federation, annual additional paid holidays are provided to the following employees:
The duration of this is determined by the collective agreement or internal labor regulations. The minimum duration is — three calendar days (Article 119 of the Labor Code of the Russian Federation);
Leave is granted if, as a result of a special assessment of workplaces, working conditions are classified as harmful (2, 3 or 4 degrees) or dangerous. The minimum duration of the annual additional paid leave for such employees is seven calendar days (Article 117 of the Labor Code of the Russian Federation);
< p>The first is entitled to an additional paid vacation of 24 calendar days, and the second — 16 calendar days (Article 321 of the Labor Code of the Russian Federation);
The categories of employees who are entitled to such leave, its minimum duration and conditions for granting are established by separate decrees of the government of the Russian Federation (Article 118 of the Labor Code of the Russian Federation). For example, general practitioners who have continuously worked in a position for more than three years are entitled to three days of additional annual paid leave (Decree of the Government of the Russian Federation of December 30, 1998 N 1588).
Also, additional leave may be provided to employees at the discretion of the employer. Its procedure and conditions must be determined by collective agreements or local regulations.
Sources:
https://1prime.ru/
http://www.consultant.ru/document/cons_doc_LAW_34683/
https://base.garant.ru/12114018/
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