Regulations on leave for teachers for 1 year. Granting leave to teachers and calculation of vacation pay. Who can count on a long vacation

Commentary on Article 335

1. Procedure and terms of provision long vacation for a period of up to one year to pedagogical workers of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder, are determined by the Regulation "On the procedure and conditions for granting long-term leave to pedagogical workers of educational institutions for a period of up to one year", approved by Order of the Ministry of Education of Russia dated 7 December 2000 N 3570.

The provision of long-term leave to teaching staff of other educational institutions is determined by the decision of the founder of the educational institution and the charter of the institution.

2. A long vacation is granted to a teacher at his request and is issued by order. An extended leave for the rector, director, head of an educational institution, head of an educational institution is issued by order of the Ministry of Education of Russia.

3. Long leave may be granted to a teacher at any time, provided that this does not adversely affect the activities of the educational institution.

4. The sequence and time of granting a long vacation, its duration, joining the annual paid vacation, the possibility of paying from extra-budgetary funds and other issues not provided for by the named Regulations are determined by the charter of the educational institution.

5. Long leave for up to 1 year is granted subject to the occupation of a teaching position in the relevant educational institution and the presence of continuous teaching experience. Within the meaning of Art. 335 of the Labor Code, the right to a long vacation is not associated with a mandatory 10-year continuous teaching experience. The law provides for the frequency of granting long leave, determining it no more than after 10 years of continuous teaching work. For the first time, such leave may also be granted to an employee who does not have 10 years of continuous teaching experience. However, the Regulation, approved by the Order of the Ministry of Education of Russia, unambiguously focuses on the presence of 10 years of experience as a prerequisite for granting such leave.

6. The length of service of continuous teaching work, giving the right to a long vacation, includes the time of work in state, municipal educational institutions and non-state educational institutions with state accreditation, in the positions and on the conditions provided for by the List attached to the said Regulation. The list consists of two groups of posts.

The first group includes positions in which work is counted as continuous teaching experience, regardless of the amount of teaching work: professor, associate professor, senior teacher, lecturer, assistant, teacher, teacher-defectologist, speech therapist, teacher-organizer (basics of life safety, pre-conscription preparation), teacher of additional education, head of physical education, master of industrial training, senior trainer-teacher, trainer-teacher, accompanist, music director, educator.

The second group of positions, the time of work in which is counted in the length of service of continuous teaching, provided that in each academic year the teacher in the positions indicated above performs teaching work (both with and without holding a full-time position) in the following volume: at least 150 hours - in institutions of higher vocational education and the corresponding additional professional education (advanced training) of specialists; at least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; at least 6 hours a week - in general education and other educational institutions. The second group includes the following posts:

Rector, director, head of an educational institution, head of an educational institution;

Vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process;

Director, head of a branch of an educational institution;

Head of a branch of an educational institution;

Head master;

Manager of the educational facility;

Dean, Deputy Dean of the Faculty;

Head, deputy head of the department, doctoral studies, postgraduate studies, department, sector;

Head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution;

Academic Secretary of the Academic Council;

Head (manager) of production practice;

Methodist;

Methodist instructor;

Senior Methodist;

senior teacher;

class teacher;

Social teacher:

Educational psychologist;

Teacher-organizer, senior counselor;

labor instructor;

Physical education instructor.

7. The duration of continuous teaching experience is established in accordance with the entries in the work book or on the basis of other duly executed documents. The issues of calculating the length of service of continuous teaching work are considered by the administration of the educational institution in agreement with the trade union body.

8. The experience of continuous teaching work, giving the right to a long vacation, are counted:

Actual hours worked;

The time when the teacher did not actually work, but the place of work (position) was retained for him and wage in whole or in part (including the time of paid involuntary absenteeism in case of improper dismissal or transfer to another job and subsequent reinstatement);

The time when a pedagogical worker had an internship in paid teaching positions during the period of study in educational institutions of secondary and higher professional education, postgraduate and doctoral studies;

The time when the teacher did not actually work, but his place of work (position) was retained for him, and he received state benefits social insurance, except for the time when the teacher was on partially paid leave and received child care allowance until he reaches the age of one and a half years.

9. The named Regulation contains special cases of interruption of continuous teaching experience for the purpose of granting a long vacation.

10. For a teacher who falls ill during a long vacation, the latter is extended by the number of days of incapacity for work certified by a sick leave, or, in agreement with the administration, is postponed to another period. A long vacation is not extended or transferred if the pedagogical worker cared for a sick family member during the specified period.

Employees of the pedagogical sphere who have given their profession more than ten years of their lives and have accumulated the relevant experience have the right to take a sufficiently long vacation. However, few of them know about this possibility. Next, we consider how long such a vacation lasts for teaching staff, what are the criteria and algorithm for obtaining it, and whether the management has the right to withdraw a staff unit from it.

Pedagogical employees entitled to long leave

The issue of long-term care of teachers is regulated by several legislative acts:

  • Federal Law No. 273 (clause 4, part 5, article 47);
  • Labor Code of the Russian Federation (Article 335);
  • The procedure approved by the Order of the Ministry of Education and Science of Russia No. 644.

The latter document replaced the invalid Regulations approved by Order of the Ministry of Education of the Russian Federation No. 3570.

According to the latest document, employees can go on such a long vacation:

  • having at least 10 years of continuous professional experience;

There is some sort of conflict with this requirement. So, based on Art. 335 of the Labor Code, the right to take a year-long vacation does not correlate with the mandatory presence of 10 years. It refers only to the frequency of its provision (no more than once in a decade). Practice also shows that the presence or absence of these years has little effect on the satisfaction of a request to leave for it. However, in the Regulation approved by Order No. 644, emphasis is placed on ten years of experience as an indispensable condition for satisfying the request of a staff unit.

  • occupying the positions listed in sect. 1 of the relevant Nomenclature, approved by government decree No. 678 of 08.08. 2013

As for the first point, the duration of the work is determined on the basis of:

  • made in marks;
  • other papers proving the fact of official employment.

Length of service for claiming vacation, in accordance with paragraph 4 of the Order, approved. Order No. 644 includes:

  • the duration of the actual work on, it is interrupted by more than a quarter;

A break in the length of service will not be counted if the person has changed jobs or has been in the status of unemployed for less than 1 month in search of a new job.

  • the time the employee was absent from the workplace, provided that it, as well as the position, was retained by him (here, absenteeism due to illegal suspension or termination of labor relations is also taken into account);
  • the period of passing paid industrial practice during training in educational institutions of various levels, as well as postgraduate and doctoral studies;
  • leave to care for an offspring under three years of age (previously the limit was 1.5 years).

Experience can be gained in various educational institutions, including private ones, but subject to state accreditation.

Based on the second point, the following pedagogical workers can go on a long vacation of up to 1 year:

Vacation for teachers in 2018: recent changes

This year, as before, the right to such leave is approved by domestic legislation, but the prerequisites for its provision are fixed in such a LNA as (clause 5 of the Procedure, approved by Order No. 644). It includes the following details:

  • duration limit;
  • order of receipt;
  • prerequisites and algorithm for breaking down into parts, as well as joining the main vacation period;
  • grounds for prolongation (for example, taking sick leave during vacation);

Caring for a sick household member is not grounds for extending the annual leave.

  • provision to part-timers;
  • how long-term leave of pedagogical workers up to 1 year is paid;
  • other conditions.

In addition, no adjustments were made to guarantees for employees who took extended leave. They, as before, retain their place of work (position) and study load (provided that it has not decreased under the influence of objective factors). Also, they cannot be transferred to another position or terminate the contract with them (except for the situation when the entity is being liquidated).

Annual leave mechanism

A subordinate wishing to take a year's leave must do the following:

  • draw up an application in free form, which, in the future, is submitted for consideration to the manager;

It must indicate his personal data and the full name of the institution headed, as well as his data and position, after which he must state a request for an allowance of a certain duration and provide evidence of work experience (refer to labor or other documents). At the end of the application, the date is put and the applicant signs it.

  • wait until the boss checks the prerequisites for making a positive decision to send the employee on such a vacation;
  • wait for the manager to issue an order for vacation (in practice, in the form No. T-6, but the use of a self-developed form is allowed);

Leave for the heads of institutions is issued by order of the Ministry of Education of Russia.

  • make sure that the responsible person enters information about him in his personal card.

If a vacation period is provided according to the schedule, its transfer is possible only if both parties agree to this. At the same time, an additional application is written with a request to cancel the deadlines and reschedule it. The head may refuse to satisfy it.

In practice, an employee's annual leave is preceded by:

  • fulfillment by him of the workload stipulated by the work plan drawn up at the beginning of the academic year;
  • timely notification of management of such intentions. This is done so that it quickly delegates the load to other staff units.

However, this is optional and can take place at any time.

Review of the teacher from vacation

If the need obliges, the employee can be called by the authorities to workplace from a year's leave, but only with his consent to this (Article 125 of the Labor Code of the Russian Federation). By it is meant a statement written by him about the absence of objections regarding the early performance of his functionality.

At the same time, the manager is obliged to agree with the subordinate on the option of using the remaining vacation days and fix the decisions made in the recall order.

As confirmation of familiarization with this document, the employee puts his signature on it.

How is long-term leave for teachers paid?

Compensation by the employer to the subordinate of the taken annual leave at the federal level is not expected. However, it can be prescribed in the collective agreement. In this case, the sources of payment will be the funds received by the institution from profitable activities, in the manner determined by this document (repayment for educational or educational services provided).

Summing up the above, it should be noted that the issue of granting a 12-month leave to an education worker is regulated by several legal acts. Despite this, many issues at the federal level are not disclosed. Moreover, educational organizations have been delegated the authority to independently determine a number of important points, such as a vacation limit, which is fraught with the emergence of disputes requiring settlement.

Application

Order
providing teachers of organizations engaged in educational activities with long-term leave for up to one year
(approved by order of the Ministry of Education and Science of the Russian Federation of May 31, 2016 N 644)

1. The procedure for granting teachers a long vacation for up to one year establishes the rules and conditions for granting teachers of organizations engaged in educational activities a long vacation for up to one year (hereinafter, respectively - a long vacation, organization, Procedure).

2. Pedagogical workers filling positions named in section I of the nomenclature of positions of pedagogical workers of organizations engaged in educational activities, positions of heads of educational organizations, approved by a government decree Russian Federation dated August 8, 2013 N 678 (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2013, N 33, art. 4381) (hereinafter respectively - pedagogical workers, Nomenclature), have the right to a long vacation at least every ten years of continuous pedagogical work.

3. The duration of continuous pedagogical work is established by the organization in accordance with the entries in the work book or on the basis of other duly executed documents confirming the fact of continuous pedagogical work.

4. When granting a long leave for up to one year, the following shall be taken into account:

4.1. Actually worked time of filling the positions of pedagogical workers under an employment contract. The periods of actually worked time for filling positions of pedagogical workers under an employment contract are summed up if the duration of the break between dismissal from pedagogical work and admission to pedagogical work, or after dismissal from federal executive authorities and executive authorities of the constituent entities of the Russian Federation exercising public administration in the field of education, local self-government bodies exercising management in the field of education, provided that the work in these bodies was preceded by pedagogical work, is no more than three months;

4.2. The time when the teacher did not actually work, but the place of work (position) was retained for him (including the time of forced absenteeism in case of illegal dismissal or suspension from work, transfer to another job and subsequent reinstatement in the previous job, the time when the teacher was on parental leave until the child reaches the age of three years);

4.3. The time of filling the positions of pedagogical workers under an employment contract during the period of internship, if the break between the day of completion of professional educational organization or educational organization higher education and the day of admission to pedagogical work did not exceed one month.

5. The duration of a long vacation, the order in which it is granted, its division into parts, extension on the basis of a certificate of incapacity for work during the period of being on a long vacation, joining a long vacation to the annual basic paid leave, granting a long vacation to part-time workers, payment from funds received organization from income-generating activities, and other issues not provided for by this Procedure are determined by the collective agreement.

6. A long leave is granted to a teacher on the basis of his application and is drawn up by an administrative act of the organization.

7. The place of work (position) is retained for teaching staff who are on long-term leave.

For teachers who are on long-term leave, the volume of the teaching load is retained, provided that during this period the number of hours for curricula, study schedules, educational programs or the number of students has not decreased, study groups(classes).

During a long vacation, it is not allowed to transfer a teacher to another job, as well as dismiss him at the initiative of the employer, with the exception of the liquidation of the organization.

_____________________________

* See the Labor Code of the Russian Federation (Sobraniye zakonodatelstva Rossiyskoy Federatsii, 2002, N 1, Art. 3; N 19, Art. 3; N 30, Art. 3014, Art. 3033; 2003, N 27, Art. 2700; 2004 , N 18, item 1690; N 35, item 3607; 2005, N 1, item 27; N 19, item 1752; 2006, N 27, item 2878; N 52, item 5498; 2007, N 1, item 34; N 17, item 1930; N 30, item 3808; N 41, item 4844; N 43, item 5084; N 49, item 6070; 2008, N 9, item 812; N 30, item 3613, item 3616; N 52, item 6235, item 6236; 2009, N 1, item 17, item 21; N 19, item 2270; N 29, item 3604; N 30, item 3732, item 3739; N 46, item 5419; N 48, item 5717; 2010, N 31, item 4196; N 52, item 7002; 2011, N 1, item 49; N 25, item 3539; N 27, item 3880; N 30, item 4586, item 4590, item 4591, item 4596; N 45, item 6333, item 6335; N 48, item 6730, 6735; N 49, item 7015, item 7031; N 50, item 7359; 2012, N 10, item 1164; N 14, item 1553; N 18, item 2127; N 31, item 4325; N 47, item 6399; N 50, item 6954, item 6957, item 6959; N 53, item 7605; 2013, N 14, item 1666, item 1668; N 19, item 2322 , article 2326, article 2329; No. 23, art. 2866, art. 2883; No. 27, Art. 3449, art. 3454, Art. 3477; No. 30, art. 4037; No. 48, 6165; No. 52, Art. 6986; 2014, N 14, art. 1542, art. 1547, art. 1548; No. 26, art. 3405; No. 30, art. 4217; No. 45, art. 6143; No. 48, Art. 6639; No. 49, art. 6918; No. 52, Art. 7543, Art. 7554; 2015, N 1, art. 10, art. 42, art. 72; No. 14, Art. 2022; No. 24, Art. 3379; No. 27, Art. 3991, Art. 3992; No. 29, art. 4356, art. 4359, Art. 4363, Art. 4368; No. 41, art. 5639; 2016, N 1, art. 11, art. 54).

Creative rest (TO) is one of the forms of long vacation. Granted to certain professional employees subject to certain conditions. The right to maintenance is stipulated by the Labor Code.

Normative base

Sabbatical leave is governed by the following laws:

  • Article 336 of the Labor Code of the Russian Federation.
  • Law on educational services No. 273 of December 29, 2012.
  • Order of the Ministry of Education and Science No. 644 dated May 31, 2016.

The duration of the rest is determined by the Government of the Russian Federation and the head of the enterprise. Its duration can be up to 12 months.

When is sabbatical leave granted?

The list of employees who may qualify for a long vacation is specified in Section 1 of Order No. 644. This list includes the following employees:

  • Professional teaching staff: deans, assistants, associate professors, professors, heads of departments, teachers.
  • Other teachers: educators, speech therapists, instructors. Music teachers.
  • Management staff of educational structures: directors, rectors.
  • Deputy managers: vice-rectors, assistants.

A creative leave is issued only if the condition is met - continuous teaching experience exceeding 10 years. An employee can exercise his right to maintenance only if this does not contradict the interests of the educational institution.

IMPORTANT! The TO can be provided once every 5 years to representatives of the teaching staff who work at the National Research University Higher School of Economics and are engaged in research activities with the publication of the results. At the same time, the total work experience at the Higher School of Economics must be at least 3 years. The countdown of the five years of experience required to determine the date of the next vacation begins the day after the completion of the last MOT.

TO can be divided into 2 parts. The time between the end of the first part and the beginning of the second part of the vacation should be no more than a year. The duration of each part of maintenance should be no more than 6 months.

Guarantees for employees during the holidays

During the period of sabbatical leave, employees retain:

  • place of employment;
  • position held;
  • previous workload.

The employer does not have the right to dismiss a vacationing employee or transfer him to another position. An exception is the liquidation of an institution.

NOTE! Even in a conflict with the boss, the employee may not doubt the protection of his rights. If a dismissal is carried out during the maintenance period, then this will be a serious mistake. An employee can freely apply to the Labor Inspectorate or the Prosecutor's Office. He has all the evidence. Most cases related to labor issues are considered in the direction of employees. Some employers, aware of the problematic nature of dismissal of a worker, try to dodge in every possible way. Some even liquidate the enterprise specifically in order to legally renew the staff. However educational institution- this is not a one-day company, and it is impossible to liquidate it just like that. Therefore, the teacher can go on a well-deserved rest with peace of mind.

How to establish work continuity

When establishing the length of service, the time worked in various organizations as a teacher is taken into account. The continuous experience includes the following periods:

  • Replacing another employee for a period not exceeding three months.
  • Substitution within the framework of production practice (if it is appointed no later than a month from the date of the end of the educational process).
  • Maternity leave up to 3 years.
  • Forced absenteeism associated with the illegal removal or dismissal of an employee (illegality must be confirmed by a court decision).
  • Transfer to another position with subsequent reinstatement in the previous position.

ATTENTION! The length of service will be considered continuous only during breaks in work, the duration of which does not exceed 3 months. Also, the experience will not be interrupted if the teacher worked for some time in various educational structures, and then returned to his previous position.

Why is a collective agreement necessary?

The Labor Code of the Russian Federation sets out only the most general provisions regarding sabbatical leave. The employer is obliged to comply with them. However, most of the nuances of providing long rest are not specified in the Code. They are set by the employer. All adopted rules are entered into the collective agreement. For example, the head of the enterprise may establish requirements relating to the following parties:

  • Maintenance duration.
  • The possibility of extending leave on the basis of a sick leave.
  • Leave order.
  • The possibility of dividing TO into several parts.
  • The possibility of combining maintenance with the main vacation provided once a year.
  • Vacation pay or lack thereof.
  • If the employer pays for maintenance, you need to set the amount of vacation pay, the procedure for calculating them.
  • The possibility of providing maintenance to part-time workers.
  • Other nuances that are not specified in the Labor Code and Federal Laws.

Provisions can be fixed with the help of a collective agreement or other regulatory documents.

Will sabbatical leave be paid?

The Labor Code does not say anything about the payment of vacation pay during maintenance. According to the law, this long leave is unpaid. However, this does not mean that maintenance is always unpaid. An employer can make payments to an employee at its discretion. In this case, all information regarding the payment of vacation pay is entered into the collective agreement.

Example of an internal sabbatical regulation

Accepted requirements can be reflected in the documents in different ways. Consider an example:

“Educators eligible for TE must apply for leave. The document is sent to the director in December of the current year, along with the schedule of the next annual leave. The application must be considered by the administration of the institution and the trade union committee within 2 weeks. When a positive decision is made, TO is included in the general annual vacation schedule.

The procedure for issuing a creative leave

The nuances of registration of a creative leave should be set out in the internal acts of the institution. However, an approximate design scheme can be distinguished:

  1. An employee applies for an extended leave. It is advisable to indicate in the document Article 336 of the Labor Code of the Russian Federation, on the basis of which TO can be obtained. You should also mention the duration of your continuous experience.
  2. The administration is reviewing the application.
  3. If a positive decision is made, information about maintenance is entered into the general vacation schedule.
  4. Leave order issued. It is compiled in the form T-6 (if there is one employee) or T-6a (if there are several applicants for maintenance).
  5. If the vacation is paid, you need to draw up a note-calculation, on the basis of which all payments will be made.

Why is proper formatting so important? Compiled documents may be required during inspections by labor inspectorate or other official bodies. The employer will be able to prove that he really provided the leave due to the employee by law. This is especially important in tense relationships with an employee.

New edition Art. 335 of the Labor Code of the Russian Federation

Pedagogical employees of an organization carrying out educational activities, at least every 10 years of continuous pedagogical work, have the right to a long vacation for a period of up to one year, the procedure and conditions for granting which are determined in the manner established by the federal executive body that performs the functions of developing public policy and legal regulation in the field of education.

Commentary on Article 335 of the Labor Code of the Russian Federation

The conditions and procedure for granting a long vacation for up to one year to teachers of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder, are determined by the Regulation "On the procedure and conditions for granting teachers of educational institutions a long vacation for a period of up to one year", approved by the Order of the Ministry of Education of Russia dated December 7, 2000 N 3570.

The decision of the founder of the educational institution and the charter of the institution determines the provision of long-term leave to pedagogical workers of other educational institutions.

Long leave may be granted to a teacher on the basis of his application and is issued by order. By order of the Ministry of Education of Russia, this leave is issued to the rector, director, head of the educational institution, head of the educational institution.

Long leave can be granted to a teacher at any time. The condition for granting is that the leave does not negatively affect the activities of the educational institution.

The sequence and time of granting a long vacation, its duration, joining the annual paid vacation, the possibility of payment from extra-budgetary funds and other issues are determined by the charter of the educational institution.

Long leave for up to 1 year is provided subject to holding a teaching position in the relevant educational institution and in the presence of continuous teaching experience. However, the right to a long vacation, in accordance with Article 335 of the Labor Code, is not associated with a mandatory 10-year continuous teaching experience. The law provides for the frequency of granting long leave, determining it no more than after 10 years of continuous teaching work. And the Regulation "On the procedure and conditions for granting long-term leave to teachers of educational institutions for up to one year" clearly defines the presence of 10 years of experience as a prerequisite for granting such leave.

The length of service of continuous teaching work, giving the right to a long vacation, includes the time of work in state, municipal educational institutions and non-state educational institutions with state accreditation, in the positions and under the conditions provided for in the List attached to the said Regulation. The list consists of two groups of posts.

The first group includes positions in which work is counted as continuous teaching experience, regardless of the amount of teaching work: professor, associate professor, senior lecturer, lecturer, assistant, teacher, teacher-defectologist, speech therapist, teacher-organizer (the basics of life safety, pre-conscription training), teacher of additional education, head of physical education, master of industrial training, senior trainer-teacher, trainer-teacher, accompanist, music director, educator.

The second group is made up of positions, the time of work in which is counted in the experience of continuous teaching work, provided that in each academic year the teacher in the positions indicated above performs teaching work (both with and without holding a full-time position) in the following volume:

At least 150 hours - in institutions of higher professional education and relevant additional professional education (advanced training) of specialists;

At least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; at least 6 hours a week in general education and other educational institutions.

The second group includes the following positions:

Rector, director, head of an educational institution, head of an educational institution;

Vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process;

Director, head of a branch of an educational institution;

Head of a branch of an educational institution;

Head master;

Manager of the educational facility;

Dean, Deputy Dean of the Faculty;

Head, deputy head of the department, doctoral studies, postgraduate studies, - department, sector;

Head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution;

Academic Secretary of the Academic Council;

Head (manager) of production practice;

Methodist;

Methodist instructor;

Senior Methodist;

senior teacher;

class teacher;

Social teacher;

Educational psychologist;

Teacher-organizer; senior counselor;

labor instructor;

Physical education instructor.

The duration of continuous teaching experience can be established in accordance with the entries in the work book, as well as on the basis of other properly executed documents. The issues of calculating the length of service of continuous teaching work are considered by the administration of the educational institution in agreement with the trade union body.

The experience of continuous teaching work, giving the right to a long vacation, is counted:

Actual hours worked;

The time when the teacher did not actually work, but he retained his place of work (position) and wages in full or in part (including the time of paid involuntary absenteeism in case of improper dismissal or transfer to another job and subsequent reinstatement at work);

The time when a pedagogical worker had an internship in paid teaching positions during the period of study in educational institutions of secondary and higher professional education, postgraduate and doctoral studies;

The time when the teacher did not actually work, but his job (position) was retained and he received state social insurance benefits, except for the time when the teacher was on partially paid leave and received child care allowance until he reached the age one and a half years.

As with the main vacation, for a teacher who falls ill during a long vacation, this vacation is extended by the number of days of incapacity for work certified by the sick leave, or, in agreement with the administration, is postponed to another period. At the same time, a long vacation is not extended or transferred if the pedagogical worker cared for a sick family member during the specified period.

Another commentary on Art. 335 of the Labor Code of the Russian Federation

1. The procedure and conditions for granting a long vacation for up to one year to pedagogical workers of educational institutions, the founder of which is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder, are determined by the Regulation "On the procedure and conditions for granting long-term leave to pedagogical workers of educational institutions for a period of up to one year ", approved by the Order of the Ministry of Education of Russia of December 7, 2000 N 3570.

The provision of long-term leave to teaching staff of other educational institutions is determined by the decision of the founder of the educational institution and the charter of the institution.

2. A long vacation is granted to a teacher at his request and is issued by order. An extended leave for the rector, director, head of an educational institution, head of an educational institution is issued by order of the Ministry of Education of Russia.

3. Long leave may be granted to a teacher at any time, provided that this does not adversely affect the activities of the educational institution.

4. The sequence and time of granting a long vacation, its duration, joining the annual paid vacation, the possibility of paying from extra-budgetary funds and other issues not provided for by the named Regulations are determined by the charter of the educational institution.

5. Long leave for up to 1 year is granted subject to the occupation of a teaching position in the relevant educational institution and the presence of continuous teaching experience. Within the meaning of Art. 335 of the Labor Code of the Russian Federation, the right to a long vacation is not associated with a mandatory 10-year continuous teaching experience. The law provides for the frequency of granting long leave, determining it no more than after 10 years of continuous teaching work. For the first time, such leave may also be granted to an employee who does not have 10 years of continuous teaching experience. However, the Regulation, approved by the Order of the Ministry of Education of Russia, unambiguously focuses on the presence of 10 years of experience as a prerequisite for granting such leave.

6. The experience of continuous teaching work, giving the right to a long vacation, counts the time of work in state, municipal educational institutions and non-state educational institutions with state accreditation, in positions and under the conditions provided for by the List attached to the said Regulation. The list consists of two groups of posts.

The first group includes positions in which work is counted as continuous teaching experience, regardless of the amount of teaching work: professor, associate professor, senior teacher, lecturer, assistant, teacher, teacher-defectologist, speech therapist, teacher-organizer (basics of life safety, pre-conscription training), teacher of additional education, head of physical education, master of industrial training, senior trainer-teacher, trainer-teacher, accompanist, music director, educator.

The second group of positions, the time of work in which is counted in the length of service of continuous teaching, provided that in each academic year the teacher in the positions indicated above performs teaching work (both with and without holding a full-time position) in the following volume: at least 150 hours - in institutions of higher professional education and relevant additional professional education (advanced training) of specialists; at least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; at least 6 hours a week - in general education and other educational institutions. The second group includes the following posts:

rector, director, head of an educational institution, head of an educational institution;

vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process;

director, head of a branch of an educational institution;

head of a branch of an educational institution;

head master;

educational facility manager;

dean, deputy dean of the faculty;

head, deputy head of the department, doctoral studies, postgraduate studies, department, sector;

head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution;

scientific secretary of the academic council;

head (manager) of production practice;

Methodist;

instructor-methodologist;

senior methodologist;

senior teacher;

class teacher;

social teacher:

educational psychologist;

teacher-organizer, senior counselor;

labor instructor;

physical education instructor.

7. The duration of continuous teaching experience is established in accordance with the entries in the work book or on the basis of other duly executed documents. The issues of calculating the length of service of continuous teaching work are considered by the administration of the educational institution in agreement with the trade union body.

8. The experience of continuous teaching work, giving the right to a long vacation, are counted:

actual hours worked;

the time when the teacher did not actually work, but he retained his place of work (position) and wages in full or in part (including the time of paid involuntary absenteeism in case of improper dismissal or transfer to another job and subsequent reinstatement at work);

the time when a pedagogical worker had an industrial practice in paid teaching positions during the period of study in educational institutions of secondary and higher professional education, postgraduate and doctoral studies;

the time when the pedagogical worker did not actually work, but the place of work (position) was retained for him, and he received state social insurance benefits, except for the time when the pedagogical worker was on partially paid leave and received childcare allowance until he reached one and a half years of age.