Article 262 of the Labor Code of the Russian Federation with the latest amendments. The procedure for obtaining days off Article 262 of the Labor Code of the Russian Federation

One of the parents (guardian, trustee) to care for disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of specified persons or divided among themselves at their discretion. Payment for each additional day off is made in the amount of average earnings and in the manner established federal laws. The procedure for providing these additional paid days off is established by the Government Russian Federation.

Women working in rural areas, may be provided upon their written application one additional day off per month without saving wages.

Commentary to Article 262 of the Labor Code of the Russian Federation

1. The amount and procedure for paying additional days off to persons caring for disabled children must be established by federal law, which has not yet been adopted.

2. Now the explanation “On the procedure for providing and paying additional days off to one of the working parents (guardian, trustee) for caring for disabled children” is applied, approved by the Resolution of the Ministry of Labor of Russia and the Fund social insurance RF dated April 4, 2000 N 26/34 (BNA RF. 2000. N 23).

3. Women working in rural areas are given an additional day off per month, regardless of whether she has children.

Second commentary to Article 262 of the Labor Code

1. At the written request of one of the parents (guardian, trustee), four additional paid days off per month are provided for caring for disabled children and disabled people from childhood until they reach the age of 18 in the manner specified in the Explanation of the Ministry of Labor of Russia and the Social Insurance Fund RF dated April 4, 2000 N 3/02-18/05-2256 “On the procedure for providing and paying additional days off per month to one of the working parents (guardians, trustees) to care for disabled children”, approved by the Resolution of the Ministry of Labor of Russia and Social Insurance Fund of the Russian Federation dated April 4, 2000 N 26/34 (Bulletin of normative acts. 2000. N 23; 2002. N 19).

2. Medical indications, according to which a child under the age of 18 is recognized as disabled, have been in force on the territory of the Russian Federation since July 1, 1991. Currently, the list of diseases that make it possible to recognize a child as disabled has been brought into line with similar list for adults.

3. The right to an additional day off arises from one of the working parents; both parents can also use this right. For example, a woman asks to be given two additional days off per month, and for the next two days off paid for the family, a father at his job submits an application, presenting a certificate that his working wife does not use these days off.

4. For women working in rural areas, duration working week is set shorter - it is equal to 36 hours per week. Therefore, in those specified in Art. 262 of the Labor Code of the Russian Federation, in cases of women in rural areas caring for disabled children under 18 years of age, one additional day off per month without pay is provided upon her written application.

Vostrova Natalya Vladimirovna(06/08/2015 at 22:33:45)

Approved
Government resolution
Russian Federation
dated October 13, 2014 N 1048

RULES
PROVIDING ADDITIONAL PAID WEEKENDS
FOR CARE OF DISABLED CHILDREN

1. These Rules determine the procedure for providing, in accordance with Article 262 of the Russian Federation, additional paid days off to one of the parents (guardian, trustee) to care for disabled children (hereinafter referred to as additional paid days off).
2. At his request, one of the parents (guardian, trustee) is provided with 4 additional paid days off per calendar month, issued by order (instruction) of the employer. the provision of additional paid days off (hereinafter referred to as the application) is approved by the Ministry of Labor and social protection Russian Federation.
The frequency (monthly, once a quarter, once a year, upon request, etc.) is determined by the parent (guardian, trustee) in agreement with the employer, depending on the need to use additional paid days off.
3. To provide additional paid days off, the parent (guardian, trustee) submits the following documents or copies thereof (the certificate specified in subparagraph “d” of this paragraph is submitted in the original):
a) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) medical and social examination;
b) documents confirming the place of residence (stay or actual residence) of a disabled child;
c) (adoption) of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child;
d) a certificate from the place of work of the other parent (guardian, trustee) stating that at the time of application additional paid days off in the same calendar month were not used or partially used, or a certificate from the place of work of the other parent (guardian, trustee) stating that , that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month. Such a certificate is not required in the cases specified in paragraph 5 of these Rules.
4. Providing the employer with a certificate confirming the fact that the child is disabled is carried out in accordance with the deadlines for establishing disability (once, once a year, once every 2 years, once every 5 years).
The documents specified in subparagraphs “b” and “c” of paragraph 3 of these Rules are submitted once, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is submitted each time an application is submitted.
If one of the parents (guardians, trustees) is not a member or is individual entrepreneur, lawyer, notary dealing private practice, or other person engaged in established by law Russian Federation in the order of private practice, a member of duly registered family (clan) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, a parent (guardian, trustee) who is in an employment relationship submits to the employer documents (copies thereof) confirming the specified facts every time you make an application.
5. If there is documentary evidence of the death of the other parent (guardian, trustee), recognition of him as missing, deprivation (limitation) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that the other a parent (guardian, custodian) cannot care for a disabled child, and if one of the parents (guardians, custodians) evades raising a disabled child, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is not submitted.
6. If one of the parents (guardian, trustee) partially uses additional paid days off in a calendar month, the other parent (guardian, trustee) is provided with the remaining additional paid days off in the same calendar month.
7. Additional paid days off are not provided to the parent (guardian, trustee) during his next annual paid leave, leave without pay, until he reaches the age of 3 years. At the same time, the other parent (guardian, trustee) retains the right to 4 additional paid days off.
8. If there is more than one disabled child in a family, the number of additional paid days off provided in a calendar month does not increase.
9. Additional paid days off provided but not used in a calendar month by a parent (guardian, trustee) due to his temporary incapacity for work are provided to him in the same calendar month (subject to the end of temporary incapacity for work in the specified calendar month and presentation of a certificate of incapacity for work) .
10. Additional paid days off not used in a calendar month are not transferred to another calendar month.
11. When recording working hours in total, additional paid days off are provided based on the total number of working hours per day when normal duration working hours increased by 4 times.
12. Payment for each additional paid day off is made in the amount of the average earnings of the parent (guardian, trustee).
13. The parent (guardian, trustee) is responsible for the accuracy of the information provided by him, on the basis of which additional paid days off are provided.
14. The parent (guardian, trustee) is obliged to notify the employer of the occurrence of circumstances entailing the loss of the right to receive additional paid days off.

The Labor Code of the Russian Federation prescribes the mandatory provision of days off to all employees. However, there are categories of workers who are also entitled to... Article 262 describes preferential categories and stipulates the number of such days per month, as well as how they should be paid.

Art. 262 of the Labor Code of the Russian Federation stipulates the possibility of providing additional days rest for working people if they belong to one of the following categories:

Are parents or guardians of one or more disabled children.
Women working in rural areas.

It is noteworthy that such days off do not accumulate over the course of a year or a longer period of time. They can only be used during the specified reporting period. In some cases, the right to an additional day off is lost.

These include:

The employee is on primary vacation or.
Absence of an employee from work due to being in maternity leave for child care up to three years old.

If available in the reporting month sick leave It is also not always possible to exercise this right. In the comments to article 262 Labor Code It is explained that the right to an additional day off can be exercised only if the ballot has expired without moving to the next calendar month and provided that it was handed over to the employer before the end of the current period.

None of these factors makes it possible to transfer the weekend to another month, but the sampling time during the reporting period is determined by the employee himself by prior agreement with the employer.

Parents or guardians of disabled children

Article 262 of the Labor Code of the Russian Federation establishes that adults who raise disabled children are provided with an additional four days of rest every month. The number of days does not increase if there are two or more children with identified disabilities.

To obtain the right to an additional four days off per month, parents are required to submit documents that confirm the fact of disability and prove their belonging of this child to the applicant.

Parents receive the right to receive benefits after a certificate of disability has been officially issued to the minor.

Required to provide:

Birth certificate.
Certificate from place of residence.
Certificate of disability.

Additional days off cease to be issued if the disability is lifted or the child reaches adulthood.

Article 262 of the Labor Code of the Russian Federation applies to:

To biological parents.
For adoptive parents.
Official guardians.

If both parents wish to share this right, then they can do it.

It is more difficult when parents work at different enterprises. In this case, every month one of the parents must submit a certificate stating that the second adult has no longer exercised this right.

Women working in rural areas

Part 2 of Article 262 of the Labor Code of the Russian Federation also establishes the right to an additional day off for women who work in rural areas. These categories of workers can count on one additional day of rest per month. The day is issued at the request of the employee herself at a time convenient for her and the employer.

A woman does not have to present any documents in order to exercise this right. But the employer must be clearly aware of the socio-geographical criteria of the area in which he is located. Legislative norms of the Russian Federation establish the concept of rural areas as settlements located within the borders of municipal districts. And also those settlements, which are part of urban settlements, but in areas where there is a predominance of activities directly related to the production or processing of agricultural products.

Rural areas include:

She sat down.
Villages.
Khutora.
Urban settlements.
Workers' settlements
Other rural settlements.

To receive such a day of rest, the employee must contact the director of the enterprise in writing. She writes a statement where she expresses a request for the opportunity to exercise the right to rest and receive an additional day off. If an employee wants to take days off monthly, then she may not write a statement every month, but write it once every quarter or six months.

Payment for additional days

The categories specified in Article 262 have different approaches to pay for these days. For all four additional days off presented, the employer must pay the average. For such payment, an individual calculation of the average daily wage should be made.

Article 262 with commentary sheds light on how the average salary should be calculated. To calculate the daily average, you should resort to the explanations given in Article 139 of the Labor Code.

Average daily income is calculated by summing the income for the 12 months preceding the reference month. The resulting amount is divided by 12 (according to the number of months), and then by 29.3 ( average value quantities calendar days per month). If during the year there were vacations, sick leave, days at your own expense or identical additional days off, then the time worked is recalculated. And the income will be divided not by 29.3, but by time calculated in proportion to the days worked.

For this calculation, the following formula is used:

(Number of working days worked in a month / number of calendar days in it) * 29.3.

Each new billing month will require recalculation of the average.

For women workers in rural areas, one day provided monthly is not paid at all. He takes it.

Submission procedure

You can take advantage of the benefits of Article 262 only on a voluntary basis, that is, the employer himself cannot, at his own discretion, establish such a duty.

To receive benefits, an employee must:

Determine for yourself how systematic the sampling will be. His right is not limited in any way, but if he systematically receives additional days, the task becomes easier.
Write an application for issuance to him.
In the case of caring for children with disabilities, provide a certificate stating that the second parent has no longer exercised this right at his place of work.

An application for additional days off can be written in any form. The application header is designed according to general rules indicating the full name and position of the director of the organization, as well as the legal name of the enterprise. In the text of the application, you must refer to Article 262 and indicate the date of the leave. If an employee wants to take days off regularly, then he can write an application for several months at once, indicating specific dates.

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Hello! GOVERNMENT OF THE RUSSIAN FEDERATION DECISION N 1048 of October 13, 2014 On the procedure for providing additional paid days off for caring for disabled children 3. To provide additional paid days off, the parent (guardian, trustee) submits the following documents or copies thereof (certificate specified in subparagraph “d” of this paragraph, submitted in the original): a) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) of medical and social examination; b) documents confirming the place of residence (stay or actual residence) of a disabled child; c) birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child; d) a certificate from the place of work of the other parent (guardian, trustee) stating that at the time of application additional paid days off in the same calendar month were not used or partially used, or a certificate from the place of work of the other parent (guardian, trustee) stating that , that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month. Such a certificate is not required in the cases specified in paragraph 5 of these Rules. 4. Providing the employer with a certificate confirming the fact that the child is disabled is carried out in accordance with the deadlines for establishing disability (once, once a year, once every 2 years, once every 5 years). The documents specified in subparagraphs “b” and “c” of paragraph 3 of these Rules are submitted once, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is submitted each time an application is submitted. If one of the parents (guardians, trustees) is not in an employment relationship or is an individual entrepreneur, lawyer, notary engaged in private practice, or another person engaged in private practice in accordance with the legislation of the Russian Federation, a member of duly registered family (tribal) communities of indigenous peoples of the North, Siberia and the Far East of the Russian Federation, the parent (guardian, trustee) who is in an employment relationship provides the employer with documents (copies thereof) confirming these facts, each time an application is submitted. 5. If there is documentary evidence of the death of the other parent (guardian, trustee), recognition of him as missing, deprivation (limitation) of parental rights, imprisonment, his stay on a business trip for more than one calendar month or other circumstances indicating that the other a parent (guardian, custodian) cannot care for a disabled child, and if one of the parents (guardians, custodians) evades raising a disabled child, the certificate specified in subparagraph “d” of paragraph 3 of these Rules is not submitted. 6. If one of the parents (guardian, trustee) partially uses additional paid days off in a calendar month, the other parent (guardian, trustee) is provided with the remaining additional paid days off in the same calendar month. 7. Additional paid days off are not provided to a parent (guardian, custodian) during his next annual paid leave, leave without pay, leave to care for a child until he reaches the age of 3 years. At the same time, the other parent (guardian, trustee) retains the right to 4 additional paid days off. 8. If there is more than one disabled child in a family, the number of additional paid days off provided in a calendar month does not increase. 9. Additional paid days off provided but not used in a calendar month by a parent (guardian, trustee) due to his temporary incapacity for work are provided to him in the same calendar month (subject to the end of temporary incapacity for work in the specified calendar month and presentation of a certificate of incapacity for work) . 10. Additional paid days off not used in a calendar month are not transferred to another calendar month. 11. When recording working hours in aggregate, additional paid days off are provided based on the total number of working hours per day with normal working hours increased by 4 times. 12. Payment for each additional paid day off is made in the amount of the average earnings of the parent (guardian, trustee). 13. The parent (guardian, trustee) is responsible for the accuracy of the information provided by him, on the basis of which additional paid days off are provided. 14. The parent (guardian, trustee) is obliged to notify the employer of the occurrence of circumstances entailing the loss of the right to receive additional paid days off.

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Hello! In accordance with the Decree of the Government of the Russian Federation dated October 13, 2014 N 1048 “On the procedure for providing additional paid days off for caring for disabled children,” clause 3. To provide additional paid days off, the parent (guardian, trustee) submits the following documents or copies thereof (the certificate specified in subparagraph “d” of this paragraph is submitted in the original): a) a certificate confirming the fact of disability, issued by the bureau (main bureau, Federal Bureau) of medical and social examination; b) documents confirming the place of residence (stay or actual residence) of a disabled child; c) birth (adoption) certificate of a child or a document confirming the establishment of guardianship or trusteeship of a disabled child; d) a certificate from the place of work of the other parent (guardian, trustee) stating that at the time of application additional paid days off in the same calendar month were not used or partially used, or a certificate from the place of work of the other parent (guardian, trustee) stating that , that this parent (guardian, trustee) has not received an application to provide him with additional paid days off in the same calendar month. Such a certificate is not required in the cases specified in paragraph 5 of these Rules. clause 4. Providing the employer with a certificate confirming the fact that the child’s disability has been established is carried out in accordance with the deadlines for establishing disability (once, once a year, once every 2 years, once every 5 years).

ST 262 Labor Code of the Russian Federation.

One of the parents (guardian, trustee) to care for disabled children according to his
written application is provided with four additional paid days off
per month, which can be used by one of the specified persons or divided by them
among themselves at their discretion. Payment for each additional day off is made in
the amount of average earnings and the procedure established by federal laws. Order
the provision of the specified additional paid days off is established
Government of the Russian Federation.

Women working in rural areas may be provided with their written
application one additional day off per month without pay.

Commentary to Art. 262 of the Labor Code of the Russian Federation

1. The category “disabled child” is established government agencies medical and social examination based on comprehensive assessment the child’s health condition and degree of disability for a period of one year, two years or until he reaches the age of 18 years. Based on the decision to recognize a child as disabled, a certificate is issued confirming the fact of the establishment of disability, indicating the period for which the disability was established. Benefits related to the child's disability are provided on the basis of this certificate.

2. Additional days off established by the commented article are provided to parents, guardians and trustees of a disabled child. Since adoptive parents have the same rights in relation to adopted children as parents, these additional days off are also provided to adoptive parents of disabled children.

In accordance with the commented article, the procedure for providing these additional paid days off is established by the Government of the Russian Federation. However, it is currently established by the Decree of the Ministry of Labor and social development of the Russian Federation and the Social Insurance Fund of the Russian Federation dated April 4, 2000 N 26/34, which must be applied until the relevant procedure is approved by the Government of the Russian Federation.

One of the working parents (adoptive parents, guardians, trustees) of a disabled child is granted four additional paid days off per calendar month. They are provided starting from the month in which the child is diagnosed with disability until the month in which the disability expires, or until the month the child reaches 18 years of age.

The provision of each additional day off is carried out on the basis of the employee’s application and is formalized by order. The employee’s application must be accompanied by a certificate confirming that the child is disabled, indicating that the child is not being kept in a specialized institution. children's institution on full state support (provided annually); a certificate from the second parent’s place of work stating that in the current calendar month he did not use additional days off or used them partially (provided with each application for an additional day off). The first two additional days off per month can be granted without submitting the latest certificate.

In case of documentary confirmation of the dissolution of marriage between the parents of a disabled child, as well as death, deprivation of parental rights of one of the parents and in other cases of lack of parental care (imprisonment, business trips for more than one calendar month of one of the parents, etc.) to the working parent raising a disabled child, four additional paid days off are provided without presenting a certificate from the other parent’s place of work. In the same manner, four additional paid days off are provided to single mothers.

If one of the child’s parents is in an employment relationship with the employer, and the other is not in such a relationship or provides himself with work, four additional paid days off per month for caring for disabled children are provided to the parent who is in an employment relationship with the employer. upon presentation of a document (copy) confirming that the other parent is not in an employment relationship with the employer or is a person who independently provides himself with work. These documents are submitted each time you apply for additional days off.

If one of the working parents partially uses additional paid days off in a calendar month, the other working parent in the same calendar month is provided with the remaining additional paid days off for care.

The specified additional paid days off are not provided to a working parent during the period of his next annual paid leave, leave without pay, leave to care for a child until he reaches the age of one and a half years, issued upon personal application. At the same time, the other working parent retains the right to four additional paid days off.

If there are several disabled children in a family, the number of additional paid days off per month does not increase.

Additional paid days off provided but not used in a calendar month by a working parent (guardian, trustee) due to his illness, are provided to him in the same calendar month in the manner prescribed by the specified clarification (subject to the end of temporary disability in the specified calendar month and presentation of a certificate of incapacity for work).

3. Additional days off provided to care for a disabled child are subject to payment. Part 1 of the commented article provides that payment is made in the amount of average earnings, and its procedure is established by federal laws. To date, such a law has not been adopted, and the procedure for paying for these days is provided for in clause 8 of the Regulations on the Social Insurance Fund of the Russian Federation, approved. Decree of the Government of the Russian Federation of February 12, 1994 N 101 (regarding the expenditure of social insurance funds for these purposes), and clause 10 of the Procedure for providing and paying additional days off per month to one of the working parents (guardians, trustees) for child care - disabled people, approved Resolution of the Ministry of Labor and Social Development of the Russian Federation dated April 4, 2000 (see also letter of the Social Insurance Fund of the Russian Federation dated May 5, 2010 N 02-02-01/08-208).

4. Women working in rural areas and caring for disabled children, in addition to four additional paid days off, upon their written request, may be given one more day without pay. This day is additional in relation to unpaid leaves provided for in Art. 263 Labor Code of the Russian Federation. Other women working in rural areas have the right to one additional day off per month without pay.

Persons working in non-rural areas may use additional days off without pay in the manner established, i.e. by agreement with the employer.