Labor Code of the Russian Federation Article 262. Procedure for obtaining days off Article 262 of the Labor Code of the Russian Federation

ST 262 of the Labor Code of the Russian Federation.

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

Women working in countryside may be provided upon their written
one additional day off per month without pay.

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

1. The category "child with a disability" is established government agencies medical and social expertise based integrated assessment the state of health of the child and the degree of disability for a period of one year, two years or until he reaches the age of 18 years. On the basis of the decision to recognize the child as disabled, a certificate is issued confirming the fact of the establishment of disability, indicating the terms 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 caregivers of a disabled child. Since adoptive parents have the same rights with respect to adopted children as parents, these additional days off are also granted 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 RF and the Fund social insurance RF dated April 4, 2000 N 26/34, which must be applied until the approval of the relevant procedure by the Government of the Russian Federation.

One of the working parents (adoptive parents, guardians, trustees) of a disabled child is provided with four additional paid days off per calendar month. They are provided starting from the month in which the child is diagnosed with a disability and up to 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 issued by order. The employee’s application must be accompanied by a certificate confirming that the child is disabled, indicating that the child is not kept in a specialized institution. children's institution on full state support (provided annually); a certificate from the place of work of the second parent 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 may be granted without submitting the last certificate.

In case of documentary confirmation of the dissolution of the marriage between the parents of a disabled child, as well as the 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 a 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 order, four additional paid days off are provided to single mothers.

If one of the parents of the child is in an employment relationship with the employer, and the other is not in such a relationship or is self-employed, four additional paid days off per month to care for children with disabilities are provided to the parent 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 with each application for additional days off.

If one of the working parents partially used the additional paid days off in the 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 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, drawn up on a personal application. However, the other working parent retains the right to four additional paid days off.

If there are several disabled children in the family, the number of additional paid days off provided 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 provided for by the specified explanation (subject to the end of temporary disability in the specified calendar month and presenting a certificate of incapacity for work).

3. Additional days off provided for the care of 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 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 (in terms of spending 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) to care for children - disabled people, approved Decree of the Ministry of Labor and Social Development of the Russian Federation of April 4, 2000 (see also letter of the Social Insurance Fund of the Russian Federation of 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, may be granted one more day without pay upon their written application. This day is also additional in relation to holidays without pay, provided for in Art. 263 of the Labor Code of the Russian Federation. The remaining women working in rural areas are entitled to one additional day off per month without pay.

Persons working outside the countryside may use additional days off without pay in the manner prescribed, i.e. by agreement with the employer.

One of the parents (guardian, caregiver) for the care of disabled children, upon his written application, is provided with four additional paid days off per month, which can be used by one of these 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 in the manner established by federal laws. The procedure for providing these additional paid days off is established by the Government of the Russian Federation.

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

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

1. The amount and procedure for paying additional days off to persons caring for children with disabilities must be established federal law which has not yet been accepted.

2. Now the explanation “On the procedure for granting and paying additional days off to one of the working parents (guardian, caregiver) for the care of disabled children” is applied, approved by the Decree of the Ministry of Labor of Russia and the Social Insurance Fund of the Russian Federation of 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 on Article 262 of the Labor Code

1. At the written request of one of the parents (guardian, custodian), four additional paid days off per month are provided for caring for children with disabilities and people with disabilities from childhood until they reach the age of 18 in the manner specified in the Clarification of the Ministry of Labor of Russia and the Social Insurance Fund Russian Federation of 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 Decree of the Ministry of Labor of Russia and Social Insurance Fund of the Russian Federation of 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 a disabled person, have been in force on the territory of the Russian Federation since July 1, 1991. At present, 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 for one of the working parents, both parents can also use this right. For example, a woman asks for two additional days off per month, and for the next two paid days off for the family, her father applies at his job, submitting a certificate that his working wife does not use these days off.

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

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

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

RULES
PROVISION OF ADDITIONAL PAID HOLIDAYS
FOR THE CARE OF DISABLED CHILDREN

1. These Rules determine the procedure for granting, 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. One of the parents (guardian, custodian) is provided, upon his application, with 4 additional paid days off in a calendar month, issued by order (instruction) of the employer. on 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) shall submit the following documents or their copies (the certificate specified in subparagraph "d" of this paragraph shall be submitted in the original):
a) a certificate confirming the fact of the establishment of disability, issued by the bureau (main bureau, Federal Bureau) medical and social expertise;
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, guardianship over a disabled child;
d) a certificate from the place of work of the other parent (guardian, custodian) stating that at the time of the application the 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, custodian) stating that that this parent (guardian, custodian) did not receive an application for granting him 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 of establishing the disability of the child is carried out in accordance with the terms 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 indicated in subparagraph "d" of paragraph 3 of these Rules - at each application.
If one of the parents (guardians, trustees) is not a member of or is individual entrepreneur, lawyer, notary, engaged in private practice, or any other person involved in established by law of the Russian Federation in private practice, a member of duly registered family (tribal) 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 (their copies) confirming the specified facts, each time you apply.
5. If there is documentary evidence of the death of another parent (guardian, custodian), recognition of him as missing, deprivation (restriction) 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 take care of a disabled child, and also 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 used the 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, custodian) during his next annual paid leave, leave without saving, 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 the 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) in connection with his temporary disability, are provided to him in the same calendar month (subject to the end of temporary disability 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. In the case of summarized accounting of working time, additional paid days off are provided based on the total number of working hours per day with 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, custodian).
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 that entail the loss of the right to receive additional paid days off.

Hello! GOVERNMENT OF THE RUSSIAN FEDERATION RESOLUTION of October 13, 2014 N 1048 On the procedure for providing additional paid days off for caring for children with disabilities "d" of this paragraph shall be submitted in the original): a) a certificate confirming the fact of the establishment of disability, issued by the Bureau (Main Bureau, Federal Bureau) of Medical and Social Expertise; b) documents confirming the place of residence (stay or actual residence) of a disabled child; c) a birth (adoption) certificate of a child or a document confirming the establishment of guardianship, guardianship over a disabled child; d) a certificate from the place of work of the other parent (guardian, custodian) stating that at the time of the application the 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, custodian) stating that that this parent (guardian, custodian) did not receive an application for granting him 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 of establishing the disability of the child is carried out in accordance with the terms 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 indicated in subparagraph "d" of paragraph 3 of these Rules - at each application. If one of the parents (guardians, trustees) is not in an employment relationship or is an individual entrepreneur, a lawyer, a notary engaged in private practice, or another person engaged in private practice in accordance with the procedure established by 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, submits to the employer documents (copies thereof) confirming the indicated facts, with each application. 5. If there is documentary evidence of the death of another parent (guardian, custodian), recognition of him as missing, deprivation (restriction) 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 take care of a disabled child, and also 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 used the 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, trustee) 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 the 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) in connection with his temporary disability, are provided to him in the same calendar month (subject to the end of temporary disability 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. In the case of summarized accounting of working time, 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, custodian). 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 that entail the loss of the right to receive additional paid days off.

Irina Shlyachkova

Hello! In accordance with Decree of the Government of the Russian Federation of October 13, 2014 N 1048 “On the procedure for providing additional paid days off for caring for disabled children”, paragraph 3. To provide additional paid days off, the parent (guardian, trustee) submits the following documents or their copies (the certificate specified in subparagraph "d" of this paragraph shall be submitted in the original): a) a certificate confirming the fact of the establishment of disability, issued by the Bureau (Main Bureau, Federal Bureau) of Medical and Social Expertise; b) documents confirming the place of residence (stay or actual residence) of a disabled child; c) a birth (adoption) certificate of a child or a document confirming the establishment of guardianship, guardianship over a disabled child; d) a certificate from the place of work of the other parent (guardian, custodian) stating that at the time of the application the 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, custodian) stating that that this parent (guardian, custodian) did not receive an application for granting him 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 of establishing the disability of the child is carried out in accordance with the terms for establishing disability (once, once a year, once every 2 years, once every 5 years).

The Labor Code of the Russian Federation prescribes the obligation to provide 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 extra days rest for working people, if they belong to one of the following categories:

Are the parent or guardian of one or more disabled children.
Women working in the countryside.

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

These include:

Finding an employee on vacation mostly or.
Absence of an employee at work due to being in maternity leave caring for a child up to three years of age.

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 an explanation is given that it is possible to exercise the right to an additional day off only if the ballot has ended without moving to the next calendar month and on condition that it was handed over to the employer before the end of the current period.

None of these factors allows you to transfer the weekend to another month, but the sampling time in the reporting period is determined by the employee himself in prior agreement with the employer.

Parents or guardians of children with disabilities

Article 262 of the Labor Code of the Russian Federation establishes that adults who raise children with disabilities 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 an established disability.

To qualify for an additional four days off per month, parents must submit documents that confirm the fact of disability and prove belonging this child to the applicant.

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

Required to provide:

Birth certificate.
Certificate from the place of residence.
Disability Certificate.

Sabbatical leave ceases to be issued if the disability is removed or the child reaches the age of majority.

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

biological parents.
Adoptive parents.
official guardians.

If both parents wish to separate given right then they can do it.

It is harder when parents work at different enterprises. In this case, on a monthly basis, one of the parents must submit a certificate stating that the second adult has no longer exercised this right.

Women working in the countryside

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. A day is issued at the request of the employee herself at a time convenient for her and the employer.

In order to exercise this right, a woman does not have to submit any documents. 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 on the territory in which the predominance of activities directly related to the production or processing of agricultural products.

Rural areas include:

village.
Villages.
Farms.
Urban-type settlements.
Workers' settlements
other rural settlements.

To obtain such a day of rest, the employee must apply to 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 a quarter or six months.

Payment for additional days

The categories specified in article 262 have different approaches to pay these days. All four additional days off provided must be paid by the employer at the average. For such payment, an individual calculation of the average daily wage should be made.

Article 262, with comments, sheds light on how the average wage should be calculated. To calculate the average daily value, one should resort to the explanations given in Article 139 of the Labor Code.

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

The following formula is used for this calculation:

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

Each new billing month will require a recalculation of the average.

For women workers in rural areas, one day provided every month is not paid at all. He is taken.

Provision procedure

You can use 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 qualify for benefits, an employee must:

Determine for yourself how systematic the sample will be. His right is not limited in any way, but with the systematic receipt of additional days, the task is simplified.
Write an application for extradition to him.
In the case of caring for children with disabilities, submit a certificate stating that the other 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 issued 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, it is necessary to refer to article 262 and indicate the date of the day off. If an employee wants to take days regularly, then he can write an application for several months at once, indicating specific dates.