Who is granted sabbatical leave and for how long? Leave application

Teachers' leave can last up to a year, but the teacher's position remains with him. Read how to apply for a long term pedagogical leave and is it necessary to pay vacation pay in this case?

Read our article:

Vacation of teaching staff in 2018: latest changes

Article 335 Labor Code The Russian Federation establishes the right for teachers to take long vacations. In 2018, the duration of such leave is 1 year. But to take it, the teacher must work in his specialty for 10 years.

As a personnel officer educational organization prepare for

Submission procedure additional leave for teaching staff was updated in 2016. Now it is regulated by Order of the Ministry of Education and Science of the Russian Federation dated May 31, 2016 No. 644.

Additional leave for teaching staff

Personnel officers of educational institutions should pay close attention to the terminology and in no case confuse the concept of “long leave” and the concept of “”. After all, based on the specifics of teachers’ activities, they are entitled to both. But the rules for their provision, duration and frequency of provision are strikingly different.

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Additional leave for teachers is assigned in cases established by the code on a general basis (Article 116 of the Labor Code of the Russian Federation).

Annual paid extended leave (Article 334 of the Labor Code of the Russian Federation) is provided annually, according to the vacation schedule approved for the current calendar year.

Its duration depends primarily on the position of the teacher and is regulated by Decree of the Government of the Russian Federation dated May 14, 2015 No. 466 “On annual basic extended paid leave.”

The maximum duration of extended leave for teaching staff in 2018 is 56 k.d. For example, kindergarten teachers working with children with disabilities can count on this duration. disabilities. Whereas an ordinary teacher is entitled to only 42 k.d.

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Sabbatical leave for teachers: procedure for granting

The procedure given in the Order of the Ministry of Education and Science of the Russian Federation dated May 31, 2016 No. 644 describes not only the rules, but also the conditions for granting extended leave.

First of all, we note that not all teaching staff can apply for long-term leave, but only those named in section I of the nomenclature of positions (approved by Decree of the Government of the Russian Federation of 08.08.2013 No. 678).

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This section includes all specialists directly responsible for the learning process itself. Management team educational institution, as well as their deputies, cannot apply for long rest.

The period of up to 1 year prescribed by law is the maximum; therefore, by agreement between the parties or by decision of the employee himself, this period can be reduced.

Before booking such a vacation, the employer should check availability.

When calculating, only periods of actual work as a teacher are taken into account. It is possible to add periods of work for different employers. In this case, the break between periods should not exceed 3 months. The length of service also includes periods when the employee did not work, but he retained workplace.

Pedagogical experience is taken into account. The activity must be continuous, although periods of work for different employers, including private schools, may be cumulative. But a private educational institution must have state accreditation.

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How to arrange a long leave for a teacher

The procedure for registering for a long vacation is not much different from the regular one. Depending on the provisions of the collective agreement, such leave can either be reflected in the vacation schedule or provided upon application (this is the most frequently used option, and we will consider it further).

Step 1. Writing an application

First of all, the employee must write a corresponding statement addressed to the manager. It expresses not only the immediate desire to relax, but also the dates of such a vacation. It would not be amiss to provide a link to the article of the Labor Code of the Russian Federation, giving him the right to rest.

Date of writing the application for long leave in legislative acts not regulated. But since general rule Such a vacation is not paid, and there are no regulated deadlines for writing.

It is still more advisable to do this in advance. After all, the teacher is assigned a teaching load and it is incorrect to abandon students in the middle of the school year.

Step 2. Order for long leave

The order is issued in form T-6 (T-6a). Information about vacation is filled out in section “B”. In the line, we write the reason: “Long leave of teaching staff for 10 years of continuous teaching activity.” Section “A” remains blank. And it is filled in only in case of merger with the next one.

The number of days and dates are indicated as indicated in the employee’s application.

The order is signed by the head of the educational institution and the vacationer.

Duration of extended leave for teaching staff in 2018

Article 335 of the Labor Code of the Russian Federation defines the maximum duration as 1 year. If the employee wishes, he can take fewer days; this must be stated in the application.

Teachers' vacation in 2018 in terms of the number of days does not differ from that in 2017. The possibility of dividing it into parts must be spelled out in the collective agreement, otherwise the employer is not obliged to comply.

People in teaching professions have the opportunity to go on a year-long sabbatical in order to devote this time to writing a scientific monograph or defending a dissertation, research work, or preparing for a new stage in their careers. professional activity. We will tell you under what conditions it is provided and how to apply for it correctly.

Legislation

The conditions for granting sabbatical leave to teaching staff, as well as people of science, are listed in the following regulations:

Labor Code (Article 335);
Federal Law-273 “On Education” (Article 47).

In fact, we are not talking about rest in its usual sense, because a person must devote the allocated time to work - finish and defend a dissertation, prepare a series of scientific articles, publish a monograph, develop new methodological manuals etc.

Important! After the expiration of the allotted time, you must provide the fruits of the research work and a special report to your employer.

Correct and supplement existing ones legislative norms may be the provisions of the employment contract, which often stipulates:

duration of rest (but not more than a year established by law);
regularity of provision (but not more than once every 10 years; exception - teaching staff engaged in research work with the publication of scientific articles - they are granted leave once every 5 years);
splitting the holiday into parts;
possibility of extension due to illness;
merging with the annual main holiday;
registration rules for part-time workers;
payment principle, if different from those established in federal and regional regulations;
other points not reflected in the legislation.

Who is it entitled to?

To understand who has the right to “rest” during scientific work, it is necessary to study Order No. 644 of May 31, 2016 of the Ministry of Education and Science, as well as Government Decree No. 678 of August 8, 2013.

The list of positions and professions is quite large, so we will list those who most often take advantage of the legislative opportunity to change their teaching activity to research:

dean or associate professor of the faculty;
head of the department;
university teacher;
school teacher;
kindergarten teacher;
social educator;
methodological worker;
sports school coach;
production master;
counselor;
tutor-psychologist.

Important! Sabbatical leave is a special form of change of activity, and leave is granted individual categories citizens.

Thus, a teacher’s sabbatical leave for a year is given if a person decides to revise teaching methods and prepare new materials for a more effective and modern presentation of material to students. A graduate student can relax while writing a scientific paper to obtain a degree, and a coach can relax while preparing a scientific monograph on sports topics.

There are three mandatory conditions, the combination of which will allow you to write an application:

the position is included in the legally approved list;
teaching experience is at least 10 years;
the absence of a specialist at the workplace will not have negative consequences.

Required condition - experience

Ten years of experience - prerequisite to get a long rest. To understand whether a particular employee is entitled to it, it is important to correctly calculate the length of service.

The following points should be taken into account:

the employee has worked continuously in one educational institution for ten or more years;
breaks in labor activity duration of more than 3 months is not taken into account when moving to another place of work;
time maternity leave caring for a child under 3 years of age is included in the length of service if the specialist was employed and retained his position during maternity leave;
if there is a break between industrial practice and the main work was less than 1 month, then practice is also included in the length of service;
The time spent working in various educational institutions is summed up.

How to apply?

Those planning to take a sabbatical for teachers will be helped by knowing the procedure for providing special leave.

A sample will help you correctly write an application for sabbatical leave for teachers, and the paper should be submitted to the head of the educational institution. School directors and rectors submit an application to the Ministry of Education of their region.

It is advisable to notify the management in writing in advance, before drawing up a vacation schedule and distributing training hours. In this case, it will be easier to find a replacement for the vacationer. The application must make reference to Article 335 of the Labor Code and mention the duration of continuous teaching experience.

Within 15 days, the application is considered by management and the trade union. If the absence of a specialist causes difficulties, for example, it is impossible to find a replacement for him, then he has the right to refuse leave. If approval is received, then the documentation is drawn up according to the general rules - an order is issued and payment is made (if it is provided for by internal regulations).

Question and answer

Is sabbatical leave included in teaching experience?

Yes, it is included, but it is not taken into account for early (preferential) retirement.

Does the vacationer retain his job?

Yes, both the workplace and position are preserved. Moreover, after leaving, the teacher should receive no less workload.

When are vacation periods shorter?

Not everyone is entitled to annual leave. Postgraduate students and those writing a candidate's dissertation are given only 3 months, and for writing a doctoral dissertation - six months. In the Labor Code, such leave is called educational leave. Future candidates and doctors of science are allocated time not for writing a paper, as many mistakenly believe, but for preparing for a defense.

Is sabbatical leave paid?

Teachers are not paid for sabbatical leave by law, but the school principal may seek opportunities to financially support the teacher. You can pay for your vacation from funds earned by the educational institution for the provision of additional educational services.

Important! Study leave for writing and defending a dissertation is paid.

Can I get fired during a sabbatical?

No, the law prohibits this. An exception is the liquidation of an organization or division.

Is sabbatical leave taken into account when calculating maternity benefits?

Yes, rest time is included in the calculation.

Get a sabbatical to write a dissertation or other scientific activity Teachers of both private and public educational institutions of secondary and higher levels have the right.

Teachers who work in organizations leading educational activities. Such leave is granted at least every 10 years of continuous teaching work (Article 335 of the Labor Code of the Russian Federation, clause 4, part 5, article 47 of the Law of December 29, 2012 No. 273-FZ). It is also called a sabbatical. Often teachers use it to write scientific works, for example dissertations.

Let us note that on June 28, 2016, the Procedure for granting long-term leave to teaching staff comes into force (clause 1 of Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644), which is slightly different from its predecessor, which expires from the same date. And this material has been compiled taking into account the requirements of the new Order.

Who is entitled to sabbatical leave?

Employees holding certain positions have the right to long leave (clause 2 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644). They are named in section I of the nomenclature of positions for teaching staff of educational organizations (section I of the nomenclature, approved by Decree of the Government of the Russian Federation of 08.08.2013 No. 678). It indicates both the positions of the teaching staff - dean of the faculty, head of the faculty, associate professor, head of the department, teacher, etc., and the positions of other teaching staff - educator, teacher, social educator, methodologist, accompanist, speech therapist, tutor and etc.

What is continuous pedagogical work

The condition for granting long leave is a certain length of work experience in the field of education. The duration of continuous teaching work is determined in accordance with the entries in the employee’s work book or on the basis of other documents, for example, employment contracts (clause 3 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644).

The period of continuous teaching work includes the time actually worked in the position of a teaching worker. But during his career, a teacher may have time to work in different educational institutions. And it would be unfair to start counting the teacher’s experience from scratch every time when changing jobs. Therefore, the time worked as a teaching worker in another educational institution is added to the time worked in one educational institution. True, provided that the break between one and another period of teaching activity did not exceed 3 months ().

The same rule works if an employee returns to teaching work after working in bodies that manage education at the federal, regional or local level (clause 4.1 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644). The break between dismissal and entry into teaching work can also only be within 3 months (for the purpose of inclusion in continuous work).

In addition, the period of continuous teaching work includes the time when the employee did not actually work, but his place (position) was retained. Including the period of leave for an employee to care for a child until he reaches the age of 3 years (clause 4.2 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644).

Passing period industrial practice, when the employee held a teaching position on the basis of an employment contract, is also taken into account in continuous work, if the break between the date of graduation from a professional educational organization - educational institution - and the date of entry into teaching work did not exceed 1 month (clause 4.3 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644).

The power of a collective agreement

In accordance with the Order of the Ministry of Education and Science, the decision large number Issues related to the provision of long-term leaves to teaching staff are left to the educational institutions themselves. Moreover, as indicated in the text of the Procedure, they should be regulated by a collective agreement (clause 5 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644). Although essentially local normative act either directly employment contract could also come up. Be that as it may, the document must define:

duration of vacation (necessarily within a year);
priority of provision;
the possibility of dividing the vacation into parts;
extension of leave due to employee illness on the basis of a certificate of incapacity for work;
the possibility of adding sabbatical leave to the employee’s annual main paid leave;
providing long-term leave to part-time workers;
payment for vacation from funds received by the organization from income-generating activities;
other issues not regulated by the above Procedure.

Guarantees during holidays

During the period of long leave, the teaching staff retains their place of work (position), as well as the amount of teaching load, except in cases where the number of hours in an educational organization is reduced. curriculum, graphs, educational programs or the number of students, study groups, classes (clause 7 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644).

In addition, while an employee is on vacation, he cannot be transferred to another job, nor can he be dismissed at the initiative of the employer. The only exception is the liquidation of an educational organization (

A teacher is not a profession, but a calling. How often we hear these words, but none of us think about how difficult it is to work as a teacher. After a while, you really want to go on a long vacation to take a break from schoolchildren or students. You don’t want to quit, because looking for a job can take a long time, so it comes to the rescue vacation for 1 year.

Sabbatical leave, which is what a 1-year vacation is called, is not available to everyone. For example, according to the law of the Russian Federation, all workers in the creative profession have the right to leave for up to 1 year after 10 years. continuous experience. The creative profession includes teachers who, in addition to a summer vacation of one to two months, can use the right to teacher sabbatical leave.

It is worth noting that all teachers know about this situation, but, oddly enough, not all schools give the right to long teaching leave. In some educational institutions They complain that there are already not enough teachers, so no one will give them a long vacation for a year. On the other hand, such leave is naturally not paid by the school. But you have to live, that’s why many people have to continue working.

But still, all teachers who have worked at a school or university for 10 years have the right to a sabbatical leave. Article 335 of the Labor Code of the Russian Federation The right of teaching staff to long-term leave has been established. In Ukraine, teachers can also take advantage of this right, as well as workers in any other field who will need this time to write a dissertation, scientific work or textbook. But how many teachers take sabbaticals to actually devote that time to writing a textbook?

However, long-term leave without pay is also available. In large companies, long vacations are given to employees who have worked in one place for a long time. In this case, you can often observe employees. To prevent this from happening, management large companies may give employees long leave for a period of 1 year.

What does leave without pay mean for the employer and employee?? It would seem that an employee can rest for a long time, so to speak, feel like he’s retired. During this period, the employer is obliged to keep the employee’s place of work, but take an applicant in his place or hire another person, but having discussed all the conditions in advance. This is exactly what happens, but, as practice shows, after a long vacation, few people return to their previous place of work. This situation can be observed especially often among workers in the education sector.

During a long vacation, a person has the opportunity not only to take a break from work, which may have become boring for a long time, he also can do something completely new. No one can stop you from finding yourself new job and work there. And some even open their own private business, so not everyone returns to their old place of work after a long vacation.

But still, this year of vacation ends, and everyday work begins. On the one hand, you begin to miss your usual place of work, but on the other hand, after a long vacation you don’t always want to get back into the routine. And the usual workplace looks somehow different from what it used to be. The fact is that many people suffer from post-vacation syndrome, when it is not always possible to quickly get back into the usual routine.

There are several reasons why it becomes very difficult to start working in your old place. It could be disrupted daily routine when you are used to getting up later than usual. Also, do not forget that during a long vacation a person gets used to doing everything slowly.

At your old workplace, not everything works out as it should, although you will start with new forces. In the first few days or even weeks, you will have to get used to your job again.. Your colleagues will help you adapt to work as quickly as possible and tell you about all the innovations that might have happened during the year during which you were on vacation.

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

Legal advice under Art. 335 Labor Code of the Russian Federation

Irina Efimova

Hello! , is an employee who has worked as the head of a structural unit and for the last 3 years entitled? last year did not teach, but has a total teaching experience of more than 10 years, take a long leave of absence for 1 year

Anatoly Shcherbat

I work as a teacher, my experience is 30 years, I would like to take unpaid leave for 3 or 6 months

Question answered over the phone

Daria Belova

Question answered over the phone

Oleg Golyshev

I have been working at school for 20 years and want to take a long vacation from the next school year. How to do it correctly.

Question answered over the phone

Alena Medvedeva

Is it possible to take leave without pay for 1 year? The situation is like this: Teacher foreign language worked for 6 years, using all legal vacations. After a summer vacation (2 months), the teacher demands a 1-year vacation “without pay.” Is the employer obliged to provide such vacation?

Lawyer's answer:
Article 335 of the Labor Code of the Russian Federation establishes the right of teaching staff of educational institutions to long-term (up to one year) leave, which must be granted at least every 10 years of continuous teaching work. The procedure and conditions for granting such leave are determined by the founder and (or) the charter of the educational institution. In this regard, the specified leave may be granted more often. A similar provision is contained in paragraph 5 of Art. 55 of the Law of the Russian Federation "On Education"

Grigory Vdovichev

administrative leave. I heard that teachers with more than 10 years of experience have the right to long administrative leave - lasting up to a year. But I didn’t find any mention of this. Tell me, is there really such a rule or law? and if possible, please specify what kind of document this is?

Lawyer's answer:
Article 335 of the Labor Code of the Russian Federation. ConsultantPlus: note. Order of the Ministry of Education of the Russian Federation dated December 7, 2000 N 3570 approved the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year.

Claudia Panina

My wife is a teacher, she wants to leave work, she persuades management to write for a leave of absence for 1 year, we have 3 children, she wanted to take care of her

There is no leave to care for a child over 3 years old. Let him go on leave for one year. A teacher has the right by law to a long leave of 1 year if his teaching experience is more than 10 years. Find the link in the Guarantor by opening the text there...

Zinaida Sorokina

Does a senior employee have the right pedagogical institution take administrative leave for 1 year once every 10 years.

Paid? :-))) Yes. In some cases, vacation may be paid. You need to look at the organization's collective agreement. Article 335 of the Labor Code of the Russian Federation Teaching staff of an organization carrying out educational activities...

Konstantin Kazachenko

Does a teacher (26 years of experience, retired) have the right to take leave at his own expense during the school year? Does the manager have the right to force a kindergarten teacher to work in 2 shifts?

Lawyer's answer:
For family reasons and others good reasons an employee, upon his written application, may be granted leave without pay wages, the duration of which is determined by agreement of the parties between the employee and the employer. Teaching staff of an educational institution, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions of which are determined by the founder or charter of the educational institution, as provided for in Art. 335 Labor Code of the Russian Federation. For teaching staff of educational institutions, the founder of which is the Ministry of Education and Science of the Russian Federation or in respect of which it exercises the powers of the founder, the specified leave is granted in accordance with the Regulations approved by Order of the Ministry of Education of Russia dated December 7, 2000 No. 3570 “On approval of the Regulations on the procedure and conditions for providing teaching staff with educational long-term leave institutions for up to one year." For teaching staff of other institutions, the procedure and conditions for granting such leave are determined by the founder and (or) the charter of this educational institution.

Dmitry Nepotyagov

Question to the lawyers of the Republic of Kazakhstan.... My husband and I have an individual entrepreneur. A young man came to us to apply for a job, but he did not immediately bring the documents for registration of the ITD, he left only a copy of the document. personally, citing the fact that he has them somewhere outside the city and he will definitely provide them. The boy went to work and then disappeared, never brought any documents, he worked a total of 16 days for which he received a paycheck, and then disappeared altogether. After 4.5 months, we were given a subpoena and a copy of the statement of claim stating that he had worked for us for 7 months. and did not receive 335,000 tenge. That our individual entrepreneur employs citizens from neighboring countries and that we grossly violated his rights, and also, quote, caused moral harm, which is expressed in the moral humiliation that I experienced and still experience. Complete nonsense!!! The boy apparently decided to make money the easy way. Please advise how to correctly write a counter-statement of slander and extortion. Please indicate the number of articles in the Criminal Code of the Republic of Kazakhstan on libel and extortion. Thank you very much in advance.

As I understand it, you have a different state? I have a good lawyer in Kazakhstan, a smart girl... we studied together! Maybe it will help! This is his address - [email protected] is Eslbai, try to contact him on the Internet! Good luck!

Oksana Nikitina

Can a teacher go on academic leave after working for 35 years?

Lawyer's answer:
Article 335 of the Labor Code of the Russian Federation. Long-term leave of teaching staff Teaching staff of an educational institution, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution.

Ivan Vanyavkin

can I go on academic leave after working at school for 16 years?

Lawyer's answer:
What does work at school have to do with it? Academic leave is a break in studies, the right to which a student receives in the event of a decrease in working capacity due to impaired body functions that are caused by acute diseases requiring long-term rehabilitation treatment, exacerbation of chronic diseases (more than 1 month during the semester), anatomical defects that do not allow opportunities to carry out rehabilitation treatment during training.

Daria Pugacheva

what benefits does a junior teacher enjoy in kindergarten

The right to wash pots first.

Igor Kuratov

Can a teacher who has worked at school for 16 years, of which the penultimate 3 were at home with a child, take a long vacation? From 1994 to the present day I have been working at the same school. From March 2006 to September 2008 I was on leave to care for a child under 3 years old. Now I work full time. The child is sick a lot. Taking sick leave all the time is indecent, others should work for me. Working while a child is sick is also not good; he stays at home with his elderly grandmother, who is also not in good health. A long vacation of up to one year would be a way out of the situation - the son will grow up in a year and will get sick less (I hope). Am I entitled to such leave? Thank you.

Lawyer's answer:
Only at the discretion of management. You may simply be asked to resign on your own. And they will be right. There have been layoffs among teachers for a long time, and there is no need to keep your staff and cover you. Just don’t take more than your allotted 18 hours a week. It’s not so scary if a child is sick at home with grandma for half a day

Tatyana Timofeeva

URGENT!!!What should I do if I am not satisfied with the court decision???(question inside). Today I finished the 1st instance court hearing on a labor case. Tell me, if my representative (lawyer) spoke on my behalf, how long does it take for a court decision to be issued? And to whom? And also within what time can I file an appeal if the court decision does not suit me? Can I contact the prosecutor's office? Or, with the court decision in hand, go to a higher authority. And where is it better to go?

Within 10 days, write an appeal against the decision, again to the court. Change your lawyer if he doesn't know the deadlines.

Liliya Blinova

I have 17 years of teaching experience. I was on sick leave for 7 months.. they gave me 2 grams of 3 st.inv. Now I’m on vacation at my own expense. I can extend it

Lawyer's answer:
Article 335. Long-term leave of teaching staff Teaching staff of an educational institution, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution. So, if necessary, write a statement to your manager and go on vacation

Galina Belova

long leave for teaching staff. Mom has been working as a teacher for more than 25 years. Already a long-service pensioner. Now, starting in March, he wants to go on a long leave for teaching staff. 335 TK. But she was told not to the detriment of the children. They offered to leave at will. What to do in such a situation? How to go on a long vacation?

Lawyer's answer:
See Order of the Ministry of Education of the Russian Federation of December 7, 2000 No. 3570, which approved the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year. The Regulations establish the procedure and conditions for granting this leave to employees of educational institutions whose founder is the Ministry of Education of Russia or in respect of which the Ministry of Education of Russia exercises the powers of the founder. Teaching staff of educational institutions in accordance with paragraph 5 of Art. 55 of the Law Russian Federation“On Education” have the right to a long leave of up to one year at least every 10 years of continuous teaching work. The length of continuous teaching experience is established in accordance with entries in the work book or on the basis of other properly executed documents. Issues regarding the calculation of continuous teaching experience are considered by the employer in agreement with trade union body. The regulations provide for periods that are counted towards continuous teaching experience, as well as cases when this experience is not interrupted. Long-term leave may be granted to a teaching employee at any time, provided that this does not adversely affect the activities of the educational institution. The order and timing of long-term leave, its duration, inclusion in annual paid leave, the possibility of paying for it from extra-budgetary funds and other issues not provided for by the Regulations are determined by the charter of the educational institution.

Zhanna Lebedeva

Long leave for teaching staff. What if the school principal doesn't let you go? Or is he not the last resort? As I understand it, everything depends on the school charter. All laws clearly state that the procedure for provision, etc. determined by the charter or founder. That is, if the charter does not clearly state that these issues are decided solely by the director (and this may be the case, I found such charters), then you can already ask for help from RONO

Lawyer's answer:
there is a document: Order of the Ministry of Education of the Russian Federation dated December 7, 2000 N 3570 “On approval of the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year” (Registered with the Ministry of Justice of the Russian Federation on March 5, 2001 N 2593). look: http://www.consultant.ru/online/base/?req=doc;base=LAW;n=30664 if there is nothing in the school charter (Article 335 of the Labor Code of the Russian Federation), then the conditions of leave should not be determined by the director ( he had nothing to do with it) but the founder of the school. founder - city administration. write a letter there (registered with notification): I ask you to grant me a long vacation, according to Art. 335 of the Labor Code of the Russian Federation, from __ 2009 to __ 2010. please respond in writing. date signature if there is no response within 1 month - complaint to the state. labor inspectorate (also by mail)

Boris Lepakhin

Is it possible to extend the long leave of a teaching employee for up to one year? Is it possible to extend the long-term leave of a teaching employee for up to one year, unpaid, due to temporary disability during the period of this leave? As well as providing, at the end of a long vacation for a period of up to one year, annual paid leave, with compensation for travel to the place of vacation for persons working in the regions far north?

Lawyer's answer:
If you get sick while on vacation without pay, then sick leave is not paid and, accordingly, the vacation is not extended by the number of days of sick leave (clause 1, clause 1, article 9 of Law No. 255-FZ). Also, leave without pay is not included in the length of service that gives the right to the next paid leave (Article 121 of the Labor Code of the Russian Federation). If you have any left unused vacation before leave without pay, it can be provided by agreement with the employer with the provision of guarantees provided for in Art. 325 of the Labor Code of the Russian Federation, provided that travel to the place of rest is paid by the employer once every two years.

Eduard Kosenyuk

Do teaching staff on long-term leave have the right to pay for travel?

Again, what kind of long vacation? Maternity and child care leave. Nothing is clear. Payment for travel to where?

Alina Zhukova

Long leave of up to a year for teaching staff - a real or declared right? I have been working as an accompanist and teacher at a rural Children's Art School for the past 17 years. In this academic year I had an urgent need for a long vacation of up to a year, without pay, which I informed the director about a week before the start of school. year. Federal Laws - 335 art. Labor Code of the Russian Federation and clause 5 of Art. 55 of the Law on Education - guarantee the right of a teacher to a long vacation of up to a year at least every 10 years of continuous teaching work. At first, the employer said that my absence would not negatively affect the educational process, but such leave could not be granted, since the Children's School of Art does not have state accreditation. Refusing me, he referred to the Regulation “On the procedure and conditions for granting long-term leave to teaching staff of educational institutions for a period of up to one year”, approved by Order of the Ministry of Education of Russia dated December 7, 2000 No. 3570. The Regulation provides: In the period of continuous teaching work, which gives the right to long leave, the time spent working in state, municipal educational institutions and non-state educational institutions that have state accreditation is counted. Our institution of additional children's education, indeed, does not have a state. accreditation. BUT children's schools are not required to have one; a license to carry out educational activities, which our school has, is sufficient. When a lawyer from OBLSOVPROF finally convinced the director of the illegality of this motive for his refusal to me, the employer refused me on the grounds of production necessity, imposing exactly such a resolution on the application I submitted. There’s no one to replace me,” he claims, although according to the tariff I’m currently not even loaded with the salary and several of my colleagues work in the same position. To my arguments that the reference to the Regulation of the Ministry of Education No. 3570 is not legal for the reason that the Ministry of Education is not the FOUNDER of Children's Art Schools, the employer remains deaf.

Lots of letters. I barely read it. I'll say one thing. Application for leave - d. b. signed. If you want to continue working, get a vacation from work without going AWOL.

Vadim Safoshin

Long-term leave for teaching staff (for pensioners). My mother is a teacher, she wants to go on a long leave of teaching staff, she has enough experience. But the problem is that she is already an old-age pensioner (59 years old), but she works, and some colleague whispered to her that they don’t give pensioners such leave... Does anyone know? We read Order 3570, but there is no mention of this. And also, is the list of positions in this order closed? For example, my mother is a piano teacher, but there is no such thing there...

At our Children's Art School, a retired teacher was going on academic leave. They can give to everyone, but they can take it back...if they only need personnel.

Zinaida Zakharova

Can I take leave without pay? I worked at the school for 10 years, then I was laid off. I didn't work for 9 months. Now I work as a teacher in a kindergarten (3rd year). I want to take a vacation for 1 year and they won’t let me. Why?

Lawyer's answer:
Article of the Labor Code of the Russian Federation 335. Long-term leave for teaching staff Long-term leave can be granted to a teaching staff at any time, provided that this does not negatively affect the activities of the educational institution. Long-term leave for up to 1 year is provided subject to holding a teaching position in the relevant educational institution and having continuous teaching experience.

Lyubov Tsvetkova

a teacher who legally took a long leave (1 year) decided to go back to work two months later, is this legal?

Lawyer's answer:
Order of the Ministry of Education of the Russian Federation of December 7, 2000 N 3570 “On approval of the Regulations on the procedure and conditions for granting long-term leave to teaching staff of educational institutions for a period of up to one year” In order to exercise the rights of teaching staff of educational institutions, the founder of which is the Ministry of Education of Russia or in relation to which the Ministry of Education Russia exercises the powers of the founder, for a long leave of up to one year for continuous teaching work in accordance with paragraph 5 of Art. 55 of the Law of the Russian Federation “On Education” I order: 1. To approve the attached Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year, agreed with the Trade Union of Workers of Public Education and Science of the Russian Federation. 2. Entrust control over the implementation of this order to First Deputy Minister V. M. Zhurakovsky. Minister V. Filippov Registered with the Ministry of Justice of the Russian Federation on March 5, 2001 Registration N 2593 Regulations on the procedure and conditions for granting long-term leave to teaching staff of educational institutions for a period of up to one year 1. This Regulation establishes the procedure and conditions for granting long-term leave for a period of up to one year to teaching staff of educational institutions institutions whose founder is the Ministry of Education of Russia or in relation to which the Ministry of Education of Russia exercises the powers of the founder. 2. Teaching staff of educational institutions in accordance with paragraph 5 of Art. 55 of the Law of the Russian Federation “On Education”* have the right to long leave for a period of up to one year (hereinafter referred to as long leave) at least every 10 years of continuous teaching work... . 10. A teaching worker on long-term leave is retained his place of work (position) in accordance with the established procedure. A teaching worker on long-term leave retains his teaching load in accordance with the established procedure, provided that during this time the number of hours in the curriculum and programs or the number of educational groups (classes) has not decreased. 11. During a long vacation, it is not allowed to transfer a teaching employee to another job, as well as to dismiss him on the initiative of the administration, with the exception of the complete liquidation of the educational institution. 12. For a teaching worker who falls ill while on long-term leave, the long-term leave is subject to extension by the number of days of incapacity for work certified by a sick leave certificate, or, in agreement with the administration of the educational institution, is postponed to another period. Long leave is not extended or postponed if the teaching employee was caring for a sick family member during the specified period of time. There are no restrictions on early exit. But they won’t give it anymore, you’ll have to wait another 10 years Article 335. Long-term leave of teaching staff Teaching staff of an organization carrying out educational activities, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.

Ilya Kozodoev

How can I refuse a teaching worker a long vacation?

Lawyer's answer:
Act according to the law and in accordance with your conscience. If an employee has the legal right to receive leave, and the employer is suffocating without staff, best way convince the teacher not to go on vacation, ask him about it. If the employee decides to achieve his goal, then he will do it. And if it doesn’t work out, then he will simply resign of his own free will. To resolve your issue legally, you need to have a package of documents, including the Charter of the institution. To resolve the issue on the spot, contact a qualified lawyer.

Artem Babenyshev

on long-term leave of up to 1 year for teaching staff and a work book.... The teacher goes on long-term leave for 1 year (in the manner established by the Decree of the Government of the Russian Federation and the local act of the institution). however, neither there, nor even there, nor in other sources (rules and instructions on work books, for example), does it say about registration of this leave in the work book. But this leave does not count towards the length of continuous teaching activity and, logically, the entry must be made in the labor record. In general, I’m wondering whether to make an entry in this employee’s work book or not?

Lawyer's answer:
IN work books Vacation information is not entered. Teaching experience, which does not include this leave, is important for calculating a preferential pension, and this is dealt with Pension Fund RF. It is better for you to call your PF office and find out how they receive information about such vacations. Or send a request to the head of the PF branch in your city.

Kristina Zakharova

I am a pedagogical worker with more than 20 years of experience, I want to take a long vacation of up to 1 year, can I demand payment for it?

Lawyer's answer:
Article 335 of the Labor Code of the Russian Federation. Long-term leave for teaching staff “Order of the Ministry of Education of the Russian Federation dated December 7, 2000 N 3570 approved the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year. Teaching staff of an educational institution have the right to a long leave at least every 10 years of continuous teaching work. leave for a period of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution.” This shows that your institution can decide whether to pay or not pay for vacation. This is also confirmed by the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for a period of up to one year. Clause 8. “The order and time of granting long leave, duration, inclusion in annual paid leave, the possibility of paying for long leave at the expense of extra-budgetary funds and other issues not provided for by these Regulations are determined by the charter of the educational institution.” That is, if the charter says that a long vacation is paid, then it makes sense to demand you pay, but if the charter doesn’t say anything about this, then they will refuse you

Maria Konovalova

Can a teacher take a year of sabbatical leave while maintaining his job? Thank you!

Lawyer's answer:
Maybe under certain conditions. Article 335 of the Labor Code of the Russian Federation. Long-term leave of teaching staff Teaching staff of an educational institution, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution.

Timur Bezgachev

In what case can you go on vacation for a year in a municipal government? budgetary organization?

Lawyer's answer:
In case of agreement with the employer (Part 1 of Article 128 of the Labor Code of the Russian Federation). And if you work as a teacher, then by Order of the Ministry of Education of Russia dated December 7, 2000 N 3570 “On approval of the Regulations on the procedure and conditions for granting teaching staff of educational institutions long-term leave for up to one year,” you are given the right to a long leave. The condition is the implementation of continuous teaching work in state municipal and non-state educational institutions that have state accreditation.

Marina Konovalova

Tell!. My mother is a teacher with 30 years of experience. Now she needs to care for her sick elderly mother, who suffered 2 strokes. Is it now possible to take a leave without pay for 3 months or six months, but while maintaining teaching experience?

Lawyer's answer:
As a general rule, unpaid leave can be granted to an employee for family and other valid reasons. The duration of such leave is determined by agreement of the parties and affects only the length of service required to provide annual paid leave; teaching experience will not be affected in any way. In addition, in accordance with Article 335 of the Labor Code of the Russian Federation Long-term leave of teaching staff “Teaching workers of an educational institution, at least every 10 years of continuous teaching work, have the right to a long leave of up to one year, the procedure and conditions for the provision of which are determined by the founder and (or) the charter of this educational institution."

Sergey Filipskikh

Please send me the form of the agreement on the relationship between the school and the founder

Appendix 1 to the Order of the Ministry of Education of the Moscow Region dated July 22, 2004 N 1401 AGREEMENT OF THE MINISTRY OF EDUCATION OF THE MOSCOW REGION WITH A SUBORDINATE EDUCATIONAL INSTITUTION in Moscow "__200_ Ministry of Education...