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Calculation of vacation pay for teaching staff. Calculation of vacation payments for a teacher

Calculation of vacation days in 2019 - an example and a general algorithm for how vacation is calculated can be found in our article. And of course, you will find out whether anything has changed in this calculation since 2019.

How the duration of vacation is calculated: basic rules

  • when sending an employee on vacation and issuing him vacation pay;
  • payment of compensation for unused vacation upon dismissal or without it.

In both cases, the calculation of calendar days of vacation occurs according to the general scheme. It is based on the basic holiday rule, which is contained in Art. 115 of the Labor Code of the Russian Federation: for each year of work, an employee is entitled to at least 28 calendar days of basic paid leave. As a rule, this is the period of time provided for rest for employees of most companies.

Vacation is extended for days of illness, performance of government duties, and in some other cases (Article 124 of the Labor Code of the Russian Federation).

  • employees under 18 years of age;
  • municipal and civil servants;
  • educational staff;
  • disabled people;
  • drug control officials;
  • investigators and prosecutors working in areas with special climates;
  • other categories of workers.

An organization can set a different vacation duration by recording this in a local document.

Study the nuances of providing additional leave using materials from our website:

  • “Additional leave for irregular working hours” ;
  • “The Supreme Court clarified how to calculate the duration of additional vacations” .

Thus, the first thing you need to do before calculating calendar days for calculating vacation is to determine the employee’s length of service in the organization.

IMPORTANT! In general, a person can take vacation for the first year of work in a new place after working for six months. But by agreement with the employer, you can go on vacation earlier. Holidays for subsequent years are provided at any time according to the vacation sequence established by the employer.

After the length of service has been calculated, it is necessary to determine how many days according to the vacation calendar the employee is entitled to count. You need to proceed from the following: with the generally accepted 28-day vacation provided in calendar days, for each month worked the employee is entitled to 2.33 days of vacation (28 days / 12 months).

Calculating vacation time

We begin counting the length of service from the date the vacationer was hired. In other words, the calculation is carried out not according to calendar years, but according to so-called working years.

Example

For an employee who was employed on 04/11/2019, the first working year will be the period from 04/11/2019 to 04/10/2020, the second - from 04/11/2020 to 04/10/2021, etc.

When calculating vacation days for an employee’s worked period, we take into account the time when he:

  • worked directly;
  • did not actually work, but his position was retained;
  • was on vacation at his own expense (but no more than 14 calendar days per year);
  • forced to skip work due to illegal dismissal or suspension;
  • was suspended without undergoing a mandatory medical examination through no fault of his own.

The answer to the question of whether vacation days are excluded when calculating vacation pay is partly positive. So, we exclude from the experience:

  • periods of unpaid leave exceeding 14 days;
  • "children's" holidays;
  • time away from work without good reason.

Example

The employee was hired by the organization on July 11, 2017 and worked until March 21, 2019, without vacation. He was sick from 02/12/2019 to 02/21/2019.

First, the number of months in the worked period is determined.

12 months (07/11/2017 - 07/10/2018) + 8 months and 10 days (07/11/2018 - 03/21/2019) - 10 days of illness = 20 months.

Number of vacation days: 28 / 12 × 20 = 46.67 days.

How to correctly calculate the vacation period if it falls on a holiday

In Art. 120 of the Labor Code of the Russian Federation establishes a rule according to which non-working holidays that fall on vacation are not included in the vacation itself. In practice, there are 2 options for calculating vacation days:

  1. The vacation period is indicated by its start date and the number of calendar days. In this case, the employee returns from vacation 1 day later.

Example

Leave was granted to the employee from 03/04/2019 for 14 calendar days. March 8 is a holiday, so he should start work not on March 18, 2019, but on March 19, 2019.

  1. The vacation period is indicated by its start and end dates. In this case, the days of rest used are considered to be the days of the corresponding time period minus holidays.

Example

Leave was granted to the employee from 03/01/2019 to 03/14/2019. There are 14 days according to the calendar. But due to the fact that the March 8 holiday falls during this period, the vacation is considered to be used in the amount of 13 days.

When making calculations for vacation in an incomplete month, you should also take into account calendar days that fall within the period worked, and not just working days (actually worked). Thus, holidays, as well as weekends that do not fall under the periods listed in paragraph 5 of the Regulations approved by government decree No. 922 dated December 24, 2007, must be included in the calculation of vacation days as those that fall under the worked period .

Find out how to extend your vacation for sick leave during vacation.

How to calculate vacation days in 2019 (example)

Let us give an example of calculating the days of the billing period for vacation in 2019, taking into account the subtleties and nuances outlined above.

Let’s say an employee got a job at the company on June 17, 2016.

During his work period he:

  • was ill from 12/04/2016 to 12/12/2016 and from 02/12/2017 to 02/19/2017;
  • took vacation at his own expense from 04/07/2017 to 04/13/2017 and from 08/24/2017 to 09/13/2017;
  • was on paid leave from 06/02/2017 to 06/22/2017, from 03/30/2018 to 04/19/2018, from 08/29/2018 to 09/11/2018.

On January 15, 2019, he decided to quit, having previously taken off all the days that he did not use during his work.

When the calculation period has not been fully worked out, the following formula is applied:

SDZ = ZP / (29.3 × MP + KD),

MP - fully worked months;

CD - calendar days in an incomplete month.

The CD value is determined by the formula:

KD = 29.3 / KDo × KDr,

KDO - calendar days in an incompletely worked month;

KDr - calendar days in the same month that fall during work.

Example

The employee worked for the company for 7 full months and 20 days in a 30-day month, and before resigning he decided to take his allotted vacation. During the period of work he was accrued 253,000 rubles. The average daily earnings in this case will be:

SDZ = 253,000 / (29.3 × 7 + (29.3 / 30 × 20)) = 253,000 / (29.3 × 7 + 19.53) = 1,126.30 rubles.

If at the start of the vacation the employee had no earnings and no working days, then the formula is applied:

SDZ = O / 29.3;

O - official salary or tariff rate (clause 8 of regulation No. 922).

Calculation of vacation in 2019: total amount of vacation pay

Vacation pay is calculated using the formula:

OTP = SDZ × CHDO,

SDZ - average daily earnings;

NDO - number of vacation days.

Example

From March 21, 2019 to April 17, 2019, the employee was granted 28 days of vacation. The period from 03/01/2018 to 02/28/2019 has been fully worked out. An employee receives a monthly salary of 32,000 rubles. In December 2018, he was awarded a bonus of 5,500 rubles. based on the results of work in November 2018.

Salary = 32,000 × 12 + 5,500 = 389,500 rubles.

SDZ = 389,500 / 12 / 29.3 = 1,107.79 rubles.

OTP = 1,107.79 × 28 = 31,018.12 rubles.

NOTE! If errors are identified in the calculation of vacation pay, they should be recalculated. If you overpay, you must deduct it from the employee’s salary strictly with his consent. If you underpay, pay extra.

How to calculate vacation pay for the year if the billing period includes months with no income or only those that are excluded from the calculation? Actions here will depend on the availability of income in other periods:

  • if it was present in the periods preceding the calculation period, then the calculation period is shifted to those months when the income was;
  • if there was no income in the previous billing periods, then the calculation is made based on the data for the days worked in the month of going on vacation;
  • if there is no income even in the month of going on vacation, then the calculation is based on the salary (tariff rate).

For the first option, the formulas for calculating vacation pay will be the same as those given in the previous section.

  • for the second option, from the terms shown in brackets, the one obtained as the product of the number 29.3 by the total number of months in the billing period will disappear;
  • in the third option, income will be replaced by the salary (tariff rate), and instead of the part contained in brackets, the number 29.3 will have to be used.

Vacation calculation: features

Premiums that form part of the income paid are included in the calculation in a special manner, depending on:

  • from the period with which their accrual is associated;
  • grounds for accrual;
  • the fact of accounting for the time of actual work when calculating.

These circumstances determine the possibility of accounting for bonuses accrued in the billing period in income:

  • monthly - in full, but only on one of several identical bases for calculation;
  • accrued for a longer period - in full in relation to each of the indicators, if the period of its accrual is fully included in the calculation period, and with a calculation that provides for the allocation of a part corresponding to the number of months of the calculation period, if the latter turns out to be less than the period for calculating the bonus;
  • annual - in full, if their accrual is related to the year preceding the year of calculation of vacation pay;
  • when calculating which, work time was taken into account - in full, but recalculated in proportion to the time worked in the billing period, if such consideration was not made when calculating the bonus.

And when calculating vacation pay, you need to take into account the increase in salaries in the organization. In this case, vacation pay is calculated taking into account the increasing coefficient.

NOTE! Recalculation of vacation pay, taking into account the increasing factor, is carried out only if the salary has increased simultaneously for all employees of the enterprise, department or branch (clause 16 of Regulation No. 922).

For employees performing seasonal work or hired under an employment contract for a period of no more than 2 months, leave is calculated in working days. Average daily earnings are calculated as follows:

SDZ = ZP / DS,

DS is the number of working days on a six-day basis.

The total amount is determined by the formula:

OTP = SDZ × CHDOr,

CHDOr - the number of days of vacation granted in working days.

For each month worked, conscripts are entitled to 2 days of vacation (Article 295 of the Labor Code of the Russian Federation).

Example

Painter P.V. Soldatov was accepted into the organization for the period from 03/01/2019 to 04/08/2019.

According to the application, he was granted leave for 2 days - April 9 and 10 - with further dismissal. The employee’s salary under the contract was 37,000 rubles.

The accountant calculated the number of days for the calculation according to the six-day schedule. It is equal to:

SDZ = 37,000 / 32 = 1,156.25 rubles.

OTP = 1,156.25 × 2 = 2,312.50 rubles.

Results

Calculating vacation days and pay for it is easy. The main thing is to know the basic rules (and, as we see, they have not changed in 2019) and take into account some, for example, “holiday” nuances. The rest, as they say, is a matter of technique.

How is the average salary for vacation calculated? In short, based on average daily earnings. That is, according to the formula (clause 9 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922):

In turn, the average daily earnings for calculating vacation pay in 2017 are calculated as follows:

The billing period is 12 calendar months preceding the month the vacation began (clause 4 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922). That is, if, for example, your employee went on vacation in February 2017, then the billing period will be the period from February 1, 2016 to January 31, 2017.

Read about exactly what payments should be taken into account when calculating the average salary for a vacation:. And about the excluded periods -.

As for the number of days worked in the billing period, they are counted according to the following rules. If a month is worked by an employee in full, then it is considered equal to 29.3 days. And if not completely, then the formula is used (clause 10 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922):

As a result, the number of days actually worked during the billing period is calculated using the formula:

Indexation of average earnings when calculating vacation pay

Indexation of average earnings must be carried out if the organization's employees have had their tariff rates/salaries increased (clause 16 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922):

  • or during the billing period;
  • or during the employee’s vacation;
  • or in the period between the pay period and vacation.

How to calculate vacation pay if there is no average earnings

This situation may arise if during the billing period the employee did not have days worked and payments taken into account when calculating the average earnings for vacation pay. Let’s say an employee was on leave for a long time without pay or was on a business trip. But at the same time he had payments before the billing period.

In such a situation, the 12 months preceding the month of the beginning of the period in which the employee has no days worked or payments taken into account are taken as the calculation period (clause 6 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

Calculation of average earnings for vacation pay for the past year

How to calculate the average salary for vacation pay if an employee has accumulated unused vacation days from previous years, and now he has decided to take them all off at once? In such a situation, vacation pay is calculated in the general manner. Since the calculation algorithm does not depend on for which year of work the employee decided to take a vacation.

In accordance with current legislation, every working citizen has the right to rest. It is expressed, among other things, in the form of days of annual leave. This time is paid by the employer based on the employee’s average earnings.

Teachers, like other categories of workers, have the right to rest. Vacation pay is paid to them on a general basis. But when calculating them, it is necessary to take into account a number of nuances.

In general, according to Article 115 of the Labor Code of the Russian Federation, persons engaged in labor activities are provided with a period of paid leave of at least 28 days per year. At the same time, for certain categories of employees, vacation may be extended.

According to Article 334 of the Labor Code of the Russian Federation, citizens engaged in educational activities have the right to an extended period of rest. Its duration will be determined by the Government of the Russian Federation. In this regard, Resolution No. 466 of May 14, 2015 was adopted, which establishes the duration of annual rest periods for teachers of various educational institutions. For persons working in:

  • Junior preschool institutions – 42 days.
  • Secondary and intermediate professional – 56 days.
  • Higher educational institutions - 56 days.

The amount of vacation pay is also affected by the employee’s teaching experience and his category. The amount of the teacher’s earnings depends on this, on the basis of which payment for annual rest days is calculated.

Additional coefficients are also awarded to those who work in the Far North or in territories equivalent to it. For these teachers, the duration of the vacation period will be increased due to the special status of the region of work.

What does a teacher need to know when calculating vacation pay?

The calculation of the amount of payment for teachers' vacation days is based on the average earnings of a worker for the previous accounting period. The procedure is defined in Decree of the Government of the Russian Federation No. 922 of December 24, 2007.

In accordance with this regulatory act, the average earnings are calculated on the basis of the amounts of money received by a specific employee from the employer, provided for by the remuneration system. The calculation period is the 12 months preceding the teacher's leave of absence.

To calculate the average monthly salary of a teacher, it is necessary to determine his total income received during the previous reporting period. When making calculations, the following are taken into account:

  • Wages for each month included in the accounting period;
  • Bonuses accrued to the teacher during this time - monthly, quarterly and annual;
  • Conducted salary indexation;
  • Overtime allowances;
  • Long service bonuses;
  • Add. payments provided for combining positions, class management, work on weekends, etc.

However, to determine the amount of vacation pay, the accountant also needs to determine the average daily salary of the teacher. To do this, the monthly average is divided by the working days factor equal to 29.4.

What payments are not taken into account?

According to the Decree of the Government of the Russian Federation No. 922 of December 24, 2007. When calculating the average earnings of a worker for the accounting period, only funds received by the person as part of the performance of labor functions are taken into account. Its value will not be affected by various types of financial support provided to a particular teacher.

The employee who calculates the worker’s average monthly earnings does not take into account payments accrued to him as compensation for the period of temporary disability.

In general, from the total amount of a teacher’s income for the reporting period, according to the rules of modern legislation, the following are excluded:

  • Cash paid to pregnant women when they go on maternity leave;
  • Monthly allowance for caring for a newborn until he is one and a half years old;
  • Social payments not related to the implementation of educational activities by the teacher, including swearing. assistance, travel compensation, etc.;
  • Salary supplements accrued as a “gift” for an anniversary or professional holiday;
  • Payments provided for persons caring for a disabled child;
  • Various types of state benefits and allowances made outside the scope of a teacher’s work activity.

These types of payments do not affect the average working earnings of teachers and are therefore not taken into account in the calculation.

The procedure for calculating the amount of vacation pay

The procedure for calculating vacation pay includes 4 main stages:

  1. Determination of the amount of total earnings for the past accounting period, with the exception of the amount not included in its calculation in accordance with Decree of the Government of the Russian Federation No. 922 of December 24, 2007.
  2. Based on the total amount of income, the average monthly salary of a particular teacher is determined.
  3. Based on this amount, the average daily income of the employee is calculated.
  4. Based on the amount received, the amount of vacation pay for a particular teacher is determined.

Let's take a closer look at the procedure.

First, an accountant or other employee performing his functions calculates the total amount of the teacher’s earnings. To do this, all income related to work activities received by him over the past 12 months is added up. The above payments are excluded from total income.

After making the necessary calculations, the total amount of earnings is divided by the number of months included in the accounting period. The amount received is the average monthly earnings of this employee.

To determine the amount of vacation pay, the accountant also needs to determine the average daily salary of the teacher. To do this, the monthly average is divided by the working days factor equal to 29.4.

The amount received after the calculations is used to determine the amount of vacation pay. It is multiplied by the number of days of rest assigned to the teacher in accordance with Resolution No. 466 of May 14, 2015.

Calculation examples

Teacher Nikolai Petrovich teaches English at secondary school No. 376. Taking into account all the allowances, his monthly salary is 15 thousand rubles. During the accounting period, he was additionally awarded 23 thousand rubles as bonuses. Let's carry out the calculation 15*12+23=203 thousand rubles. We divide the specified amount by 12 months and get a value equal to 16,917 rubles. The average daily earnings will be: 16,917/29.4=575.4 rubles.

Since Nikolai Petrovich is a teacher at a secondary educational institution, according to Resolution No. 466 of May 14, 2015. Allowed 56 days of vacation. We multiply the average daily “cost” of his day by the prescribed duration of rest: 575.4 * 56 = 32222.4 rubles. This amount is payment for his period of rest and must be paid to him in the manner prescribed by law.

Primary school teacher Alevtina Petrovna has been teaching at school for more than 5 years. Her salary is 14,500 rubles. Since she is a class teacher, she is given a bonus of 2,800 rubles. Also, over the past year, she received a teacher’s day bonus in the amount of 8,500 rubles, as well as an annual bonus of 12,500 rubles.

When calculating average monthly earnings, the teacher's day bonus will be excluded from Alevtina Petrovna's total income, since it is not related to her work activity. At the same time, the annual bonus is included in the calculation: (14500+2800)*12+12500=220100 rubles. We divide the resulting amount by 12 months and get an average value of 18,342 rubles. The average daily value will be: 18342/29.4=623.88 rubles.

Alevtina Petrovna takes only 34 days of vacation out of the total number of vacation days. Thus, the amount of vacation pay for this period will be: 623.88 * 34 = 21211.92 rubles.

What nuances should you pay attention to?

When making calculations, an accountant must take into account that a teacher’s salary consists not only of a rate, but also of many bonuses and additional factors. They depend on many factors: work experience, availability of a category, checking written work, class management and much more.

If a worker combines the work of several teachers within one educational institution, then for this he is also entitled to a bonus, which is taken into account when calculating the total amount of income. And there are a lot of such features.

Therefore, you need to clearly understand what allowances the employee receives. What part of the income received by the teacher is included in the calculation of the average monthly salary, and what part is not.

Vacation pay is a type of payment that is due by law to an employee going on vacation. This money is a kind of salary that is retained by the employee even when he is not working. These payments do not apply to leave at your own expense, the so-called administrative one.

A logical question arises on what principle should an employee be paid for these vacation days. For these purposes, the law establishes the calculation of the average salary, which is retained by the employee during the period of his annual paid leave.

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Calculation of vacation pay is the responsibility of the employer, usually his accounting department. This calculation has its own specifics. These features may also differ depending on the position the vacationer occupies.

Let's take a closer look at the issue of calculating vacation pay for a teacher. How does it differ from the calculation of other employees, how is it done, what features does it have?

What data is needed

  1. Billing period. Without this indicator, it is impossible to calculate the amount of vacation pay. For this period, as a rule, the last twelve months worked are taken; this is the maximum period for making calculations. What to do if you have worked for a shorter period of time? In this case, the pay period is taken to be the period actually worked for the employer.
  2. Earnings for a given billing period– this amount includes all payments that are legally required to be included in average earnings (this includes wages and some types of bonuses).
  3. Average monthly earnings. To obtain this amount, it is necessary to divide the amount received by the employee in the period that is accepted as the calculation period by the number of months in this period.
  4. In order to calculate how much a person earns on average per day, it is necessary to divide the amount of the average monthly salary by the average number of days in a month, this figure is officially determined and is 29.4 days.
  5. Number of vacation days. The average daily salary of a teacher is multiplied by this figure. As a rule, a teacher's vacation is a larger number of days than the vacation of another specialist. The minimum number of vacation days for this specialty will be 42 days, the maximum is 56 days. This figure depends on the employee’s length of service, as well as on the type of education he represents.

Payments that need to be taken into account in average earnings

Payments that must be taken into account when calculating average earnings include any amounts that were received by an employee for performing his job functions. These include some types of bonuses.

In this case, these will be only those bonus payments that are provided for by the remuneration system, that is, if this remuneration is assigned to an employee for his professional achievements (as a rule, these are systematic types of bonuses - annual, quarterly, monthly), then they are to be included in the calculation.

Thus, when calculating this indicator, salary, bonuses (monthly, quarterly, annual), incentive payments, and the amount of increasing coefficients are taken into account.

In other words, in order to understand whether this amount can be included in the necessary calculation, you need to answer the question: why this amount was paid to the employee. If it can be included in wages, then its inclusion is quite legal.

Along with the amounts to be included in the calculations, there is a group of payments that are strictly prohibited by the legislator from being included in the calculations.

Payments that are not taken into account

When calculating average earnings, those payments that were not provided for by the wage system are not taken into account. These include some types of bonuses - bonuses for anniversaries, events, holidays, as well as all types of financial assistance. Expenses incurred during business trips, training, and transportation costs are also not included in this calculation. That is, in fact, these funds were paid to the employee, but they are not directly related to the payment of his work.

Calculation of average earnings

As previously noted, when calculating average earnings, it is necessary to understand the difference between calculating the average monthly salary and the average daily salary. In the first case, it is enough to divide the amount of payments in the billing period by the number of months worked; in the second, this value is further divided by the average number of days.

This method is applicable not only when calculating vacation pay when an employee goes on vacation, but also upon dismissal. In this case we mean the period of the teacher. The calculation will be similar.

That is, for example, an employee worked for 9 months of the current year and wrote a letter of resignation. If it is not possible for an employee to use his vacation for a given period, he has the right to monetary compensation for these days. In this case, the number of days is calculated - 2.3 days for each full month worked. If there are nine, the period subject to compensation will be 20.7 days. This figure is multiplied by the average daily earnings of this specialist and paid to him upon making the final payment.

Being able to calculate your average earnings will be useful for any working person. Since, in addition to technical errors in the calculation, it is also not necessary to exclude the employer’s intention to reduce the amounts due by law. In cases that relate to the payment of personal labor for everyone, it is better to be able to understand and navigate.

Indexation of average earnings

If in the case of a constant salary everything is clear, then what to do when it changes, and such a change called indexation occurs annually for teachers’ salaries. In the case of wage indexation, average earnings, which are an integral element of the calculation of vacation pay, are also subject to indexation.

For the purpose of indexing these amounts, the following formula can be applied:

K = PO1 / PO2

K – indexation coefficient;

PO1 – the established amount of payment in the month when the increase occurred;

PO2 – the amount of payment that was before the increase.

Eg

PO1 – 22,000 rubles

PO2 – 20,000 rubles

In this case

K = 22000/20000

Example of calculating vacation pay for a teacher

Parameters specified for calculation:

  • Number of months worked – 12
  • The total amount of wages for this period amounted to 220,000 rubles (January - 18,000 rubles + February - 18,000 rubles + March -18,000 rubles + April - 18,000 rubles + May 18,000 rubles + June 18,000 rubles + July 18,000 rubles + August 18,0000 rubles + September 18,000 rubles + October 18,000 rubles + November 18,000 rubles + December 24,000 rubles).
  • The average monthly salary will be 18.3 thousand rubles (220,000 rubles / 12 months)
  • The average salary per day will be 622.4 rubles (18.3 thousand rubles/29.4).
  • Vacation period – 45 days.
  • The amount of vacation pay is 28,008 rubles (622.4 rubles * 45 days of vacation)

Having examined in detail the question of how to calculate vacation pay for a teacher, we draw the following conclusions:

  1. To make this calculation, you need to know some parameters that will be different for each employee.
  2. You can only take into account the periods of work of the employee permitted by the legislator.
  3. Average earnings, like salaries, are subject to mandatory indexation.
  4. You need to understand that, most likely, the average earnings will be a little less than the usual monthly salary; you don’t need to wait for a fabulous amount.
  5. If non-working days and holidays fall on vacation, they are not taken into account and, accordingly, are not paid.

So, the payment of so-called vacation pay is a kind of retention of wages for a particular specialist by the institution providing him with work. As provided by law, “everyone has the right to work and rest,” taking into account this guarantee measure, the employee can exercise his right to rest.

This article will focus on teachers' vacations. There is such a profession - difficult and exhausting, even if it is not related to work in mines and mines, but in terms of the return of strength it can easily be compared with it. At the same time, it is both joy and celebration, although it does not have immediate results, since children do not grow quickly. This activity is different from others in every way, and therefore the vacation of teachers is different from other professions. They rest most often in the summer, when the children are on vacation.

Teaching staff

Teachers' vacations are formed for well-known reasons: they rest precisely when they do not need to teach children. However, even during the school year, the teacher has the right to take days off as summer vacation. And teachers’ vacation can even last a whole year if it is, for example, creative. Such cases will be discussed here, as well as how many days the usual rest lasts.

A teacher is a teaching staff, which means that their leave is regulated by the same articles of the Labor Code and the same Government Decrees. Chapter 52 of the Labor Code contains all the information about what constitutes the work of teachers, and there, in Art. 334 of the Labor Code of the Russian Federation, talks about their vacation. In particular, it says that for each teacher it is annual and paid. But the duration of vacation for teaching staff varies.

Types of vacation

Teachers working under the Labor Code fulfill all the duties that are provided for them, and therefore teachers are granted all the rights to the extent that are set out in this law, including the right to leave. This is, first of all, maternity leave, then child care, as well as leave at your own expense and many more similar varieties. And every year you are entitled to an extended and paid annual leave. Why extended? Because for ordinary professions it usually lasts twenty-eight days according to the calendar, but how many days do teachers have a vacation? They rest from forty-two to fifty-six calendar days.

The difference in the length of leave for teaching staff depends on the type of activity. According to the list determined by the government, a school teacher rests for 56 calendar days, and a preschool teacher only 42. This is a basic vacation, although it is extended, but in many cases a teacher can count on an even longer duration. For example, how many days of vacation do teachers have depending on the region? In the Far North, the law provides for up to eighty, that is, they rest an additional twenty-four days.

Vacation time

When a teacher has the right to take leave is decided by the administration. There is an opinion that only in the summer, but this is not so. The teacher has the right to take it whenever he wants, everything is determined by the schedule drawn up by the administration. Everyone would prefer to relax in the summer, but this is the children's vacation, and teachers have a lot of different things to do in addition to lessons. Not all students go on vacation in June - schools are holding exams, new students are being recruited, and all premises must be ready for schoolchildren to leave on the first of September.

All schools offer numerous children's programs during the summer with the same teachers. Therefore, by mid-August, all teachers must be at school, and they receive notice of vacation not until the first of June. Most teachers divide their vacation into parts and rest during other vacations - winter, spring, autumn. It is fortunate that even in our difficult times, a notice of vacation for teachers has not yet appeared, which would in any way reduce the number of rest days. In total, the same periods remain - 56 and 42 days according to the calendar.

New laws

Extended leave is only available to those who are directly involved in the upbringing and education of children. Previously, not all categories of teaching staff received it, but now absolutely all teachers who have formalized their activities according to the nomenclature of positions for managers and employees of educational organizations have the right to extended leave.

More than fifty-six days of vacation are paid to teaching staff in institutions for orphans and children with limited health, as well as to teachers of art schools. The rest of the staff - librarians, psychologists, methodologists, and so on - are entitled to only six weeks of vacation. This law also does not apply to non-teaching staff of educational institutions. Cooks and security guards can only add additional days at their own expense to the required thirty days of paid vacation, so as not to get bored in an empty school.

Notes to the law

The established duration of leave, basic, extended, paid and entitled only to teaching and management employees of educational institutions, does not depend on departmental subordination and the legal organizational form of the institution. However, in order to determine the number of days that teachers' next vacation contains, one must constantly be guided by the notes and appendices to the new law.

For example, the notes indicate that 56 days are allowed for vacation for teachers of art schools, which include music, art and others related to this. This is indicated in paragraph 2 of the notes to the law. Another example: the duration of leave for a teacher working in an institution that is not educational, according to Resolution No. 1052 of 1994, is 42 calendar days. This is how many other employees of organizations, enterprises and institutions rest.

New rules

The procedure for calculating the duration of vacation for those teachers who were hired in the middle of the school year has changed. Previously, this was done based on the amount of time worked in the academic year, that is, proportionally. Not so anymore. After six months of continuous work, the teacher is entitled to full annual leave with full pay.

Thus, if a teacher began working in an educational institution, for example, in November, then in June he should already receive exactly the same leave as all other teachers, since Article 139 of the Labor Code contains absolutely no restrictions on the duration of teachers’ leave, even if annual leave begins before the expiration of six months from the date the teacher begins working in this institution. On the contrary, it states that every teacher has the right to extended annual paid leave.

Irregular working hours

Article 119 regulates the rules for providing paid additional leave to those employees of educational institutions whose working hours are not standardized. The duration of such leave is determined either by a collective agreement or by the internal labor regulations of a given organization, but it cannot be less than three days. If it is not possible to provide additional leave, the teacher can “take it with money,” that is, overtime is compensated in the same way as overtime work. But for this there must be a written consent of the employee. How to write a vacation application? A sample can be found in the illustrations for this article.

The conditions and procedure for paid additional annual leave for teachers with irregular working hours in state-funded institutions and organizations are established by the Government of the Russian Federation, and in organizations and institutions financed by constituent entities of the Russian Federation, teachers’ leave is established by the authorities of the given subject. If an organization or institution is financed by the local budget, then all issues are resolved by local government.

Deadlines

How many days in advance does the sample exist for each type of vacation separately, and the writing period is not discussed. However, in each organization there are certain standards, where local acts establish rules regarding the exact number of days after which such an application must be submitted to the appropriate authorities.

Much here depends on the work of the accounting department. She accrues vacation pay in advance, no less than three days before the vacation, excluding extreme cases. This means that the employer must receive the application at least four days in advance. You also need to take into account the scale of the organization; among educational institutions there are also very large ones. Therefore, it is better to take care of your own vacation much earlier.

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The positions of employees who have irregular working hours and who have the right to additional paid leave are established by the internal labor rules or other regulations of the organization. This list includes both managers and technical personnel, as well as other persons whose work cannot be accurately accounted for. Using the same principle, additional leave is calculated for those who work on a flexible schedule.

The minimum duration of additional leave, as already mentioned, for employees with irregular working hours is not less than three calendar days, but the new rules do not provide for restrictions on the maximum duration. The limit exists only on the minimum period.

Application for leave

For example, it's time to write a teacher's leave application. The sample looks something like this. In the upper right corner, fill in the position of the manager and the surname and initials of the manager to whom the application is addressed. Next, you need to write who it came from - last name and initials, position. In the center of the sheet below is written the word “Application”, retreating slightly - the main text, which indicates a request for the next paid leave from such and such a date to such and such a date, lasting so many calendar days. Below is the personal signature and date of application.

If the leave is not regular, but additional, only the main part of the application changes, where you need to indicate the request for additional leave for a specific period. The top and bottom parts of the form remain unchanged. And you need to keep in mind that the employer in the second case has the right not to meet halfway, since he is obliged to provide only regular leave. It is better if there is a preliminary agreement. Sometimes, for some reason, a teacher needs to be absent from work for only one day; in this case, it is appropriate to write an application for leave without pay.

Vacation pay

The average salary during vacation for a school employee is retained, as determined by Article 139 of the Labor Code and the Regulation on the procedure for calculating average wages No. 123 of 2003. The procedure is that the actual accrued wages for the last three months (from the first to the first day) are summed up, based on which the average figure is derived.

Here you need to take into account absolutely all types of payments that are in the list (clause 2 of the same Regulations). These are additional payments for checking notebooks, for managing offices, workshops or laboratories, for working on methodological and cycle commissions, as well as all other payments that are provided for in the remuneration system for employees of an educational institution. Non-working days and holidays that coincide with the teacher's vacation are not paid and are not included in the total number of days.

Combination of positions

Teachers often work in different areas and combine positions where there are different lengths of leave. For example, a physics teacher and a preschool teacher in the same secondary school. The labor leave for teachers is 56 days, and for educators - 42. Vacation pay should be calculated accordingly. However, the teacher will receive the maximum vacation, and the money will be credited in one of two ways.

The first is based on the amount actually accrued for the entire billing period - for each position separately. The second method is more difficult. The total duration of rest accounts for the total amount of actual accrued wages, plus the part of the vacation exceeding the total duration is calculated separately, based on the earnings of the position where the duration of the vacation is longer.