Agree, rest is much nicer than working. Even if you have the most interesting and highly paid job in the world, sooner or later you will still want to take a timeout. In what cases can I take a vacation, for how long, and when the boss has the right to detain you at work? Let's figure it out.
Types of Vacations
To begin with, it should be noted that there are such types of vacations in the labor legislation:
- annual leave (may be both main and additional);
- leave for teachers;
- study leave (paid or unpaid);
- vacation without salary savings;
- maternity leave;
- leave to employees who have adopted a child;
- Holiday to care for the child;
Next, we briefly consider each species separately.
To whom 28 days, and to whom more?
According to the general rule, the main vacation under labor law is 28 days (including holidays). In addition, you have the right to break your vacation into parts, but one of them should be no less than 14 days.
A longer time of the main vacation can be provided to teachers - up to 56 days. This is due to the specifics of their work.
Basis leave should be granted to the employee every year. As an exception, and only with the consent of the subordinate, it can be transferred to next year.
Do not confuse basic leave with additional leave, as the main leave is given to all employees, and the additional leave only to some separate categories.
For family reasons and not only
Each of us may have some unforeseen circumstance, which must be resolved precisely during working hours. In such a situation, of course, you have to ask for a vacation without upkeep.
Keep in mind that this vacation is not compulsory under labor law. Even if you need to visit a sick grandmother or urgently pay a loan at a bank, the director has the right to lend you.
Another question is if you, for example, get married. Our law is loyal to the wedding and therefore obliges your employer to let you go for up to 5 days. There are other cases in which you can take a vacation at your own expense without the consent of your superiors.
Learning is light and ... another kind of vacation
The concept of “study leave” is missing in the Labor Code. It is called an additional leave for employees who combine work with training, or for employees who intend to enter educational institutions.
Depending on the education and form of training of the employee, such leave under labor legislation may or may not be paid. But in any case, the head does not have the right to prescribe any restrictions in the employment contract regarding the training of a subordinate, and even more so to include a clause on the prohibition of training in general. If this condition is present in the contract, then it simply will not have legal force.
Increase fertility?
Maternity leave under labor law is 140 days. Of these, 70 are given before childbirth and 70 after. If pregnancy complications occur, the period may be extended. "Decree" is a separate type of vacation, annual and other types are not included here.
Childcare leave can last up to three years. At this time, mom, or maybe dad, grandmother or grandfather, have every right to go to work, work at home or part-time. By the way, in the last two cases, the child benefit is saved.
If you have adopted a child
In the event of adoption of a child, women may be granted maternity leave at their request. Such leave under labor law can also last up to 3 years.
The law also strictly protects the secret of adoption. Persons who are aware of the fact of adoption should not disclose such information.
Here, perhaps, are all the important points that are regulated by labor law-2013. Vacation is purely your personal time, remember this.