Art. 262 LC RF: comments and features

Labor law provides for various rights and benefits for employees. New edition of Art. допускает предоставление одному из работающих родителей/попечителей/опекунов дополнительные выходные дни. 262 of the Labor Code of the Russian Federation allows one of the working parents / guardians / guardians to provide additional days off. They are paid. Number of days - 4 per month. As the art. , оплата осуществляется в размере среднего заработка. 262 TC RF , payment is carried out in the amount of average earnings. The procedure for charging is established by federal legislation. The rules for granting additional days are determined by the government. Women working in rural areas can expect an additional day off without any maintenance.

Article 262 of the LC RF with comments

The legislation focuses on the rights of persons caring for disabled children. For example, in Art. определяется очередность предоставления указанным субъектам оплачиваемых отпусков (ежегодных). 262.1 of the LC RF determines the priority of providing paid vacation (annual) to these entities. Parents, custodians, guardians can additionally count on 4 days of rest every month. Art. устанавливает общий порядок их предоставления. 262 of the LC RF establishes a general procedure for their provision.

Explanations of the Ministry of Labor

Considering Art. Министерства, следует отметить ряд нюансов. 262 TC RF with the comments of the Ministry, it should be noted a number of nuances. First of all, the specified days are given to one of the employed parents, trustees or guardians. To realize this possibility, the subject of law must fill out an application form approved by the Ministry of Labor Order No. 1055-n . By the 262 tbsp. дни предоставляются на основании распоряжения руководителя предприятия. TC of the Russian Federation days are provided on the basis of the order of the head of the enterprise. At the same time, as the Ministry of Labor explains, a person must submit a certificate from the social protection body about the child's disability. This document should also state that a minor is not in a specialized institution on a full-scale basis. It should be noted that boarding houses of 5-, 6-day-old content do not belong to such institutions. A working parent / guardian / guardian must also provide a certificate from the place of employment of the spouse that at the date of the application the days of pay were not used (or partially used) in the same month.

Special situations

To implement the provisions of Part 1 of Art. необходимо документальное подтверждение: 262 of the LC RF is necessary documentary evidence:

1. The death of one of the subjects of law.
2. Dissolution of marriage.
3. Deprivation of the rights of the parent.
4. Other cases of lack of care on the part of one of the adults (official business for a long term, serving a sentence, etc.).

In the presence of appropriate papers, an additional 4 days of rest are provided to the working person who brings up the disabled child without presenting a certificate from the enterprise of the other parent. A similar procedure applies to single mothers.

Lack of official employment

In some cases, one of the trustees / parents / guardians is in the state of the enterprise, and the other is not. In the latter case, he may not be officially employed, but be self-employed. For example, a subject may be a private entrepreneur, a private notary public, a lawyer, a guard, a head or a member of a farmer (peasant) economy, a family (clan) community of indigenous indigenous peoples engaged in traditional activities. In such situations, additional days under Art. полагаются официально трудоустроенному лицу. 262 of the LC RF rely officially on the employed person. At the same time, it must produce a document proving that the second adult is unemployed or is self-employed.

Specificity of the provision

As the art. , попечители/опекуны/родители вправе распределить дни отдыха между собой. 262 TC RF , trustees / guardians / parents have the right to distribute rest days among themselves. If one of the employed persons has used part of the stipulated rest period, the second citizen may receive the remaining days in the same month. One should take into account one nuance. Extra days are not required for the employee during his annual paid and unpaid leave, the period used to care for minors to 1.5 years. Another parent / guardian / guardian may avail himself of the provisions of Art. . 262 of the LC RF . If the family has two or more children with disabilities, the number of additional days does not increase. If the application for rest was satisfied, but the employee was unable to use it in connection with the disease, he can take them later, but in the same month. In this case, the period of incapacity for work must be completed, which is indicated in the certificate.

Payment

As explained by the Ministry of Labor, the calculation of compensation uses the size of the average earnings. Financing for payment of additional rest is carried out from means of the FSS. Calculation of average earnings is carried out according to the rules established in the federal legislation. Since 2010, financial support for the costs of additional rest, provided for caring for a disabled child, is made through transfers from the budget to the FSS. The calculation of the average earnings is carried out according to the rules of Article 139 of the Code and the Regulation approved by the governmental decree No. 922. The calculation is made by dividing the actually accrued salary by the number of days worked. At the same time, remuneration and bonuses taken into account in accordance with clause 15 of the abovementioned Regulation are taken into account.

Additional Rights

As indicated in article 262, one day off per month may be granted to women working in rural areas. It is not payable. At the same time, an additional day is provided regardless of the absence / presence of children. A similar rule applies to people working in the Far North and in localities that are equal to him. However, in this case, a day of rest can be provided with a child under 16 years of age. The corresponding rule is enshrined in Article 319 of the Code. As part of the application of the provisions of the norm it is necessary to take into account that the use of an additional weekend by the employee in the event that the employer, in violation of the requirements of the law, refused to provide it at the request of the employee, will not be regarded as a disciplinary offense. A corresponding explanation is present in the 17th paragraph of the Plenary Decree of the Supreme Council No. 1 of January 28, 2014.

Government Decree No. 1048

This normative act entered into force from 2014. The resolution fixes additional rules for the provision of rest days, specifies certain points of this procedure, complements the considered norm of the Code. According to his provisions, the employee caring for a disabled child may exercise his right on the basis of a certain list of documents. First of all, this statement is to provide a weekend for a specific period (quarter, month, year). The document must be submitted every month. Meanwhile, the Resolution authorizes the employee not to file an application every time he plans to take a day off. If the employee knows in advance the period in which he will use rest days, he has the right, with the consent of the employer, to submit the document once for a quarter or year. As stated above, documents are attached to the application. Among them:

1. A certificate confirming the disability of the child. It is issued by BMSE. A certificate is provided in accordance with the period of setting the group (year, two years, five years, or until the age of 18).
2. Documents certifying the address of the child's residence (or place of stay). It can be a copy of an extract from the house book, for example. This document is presented once.

Activities of the tenant

After receiving the application and the documents attached to it, the personnel department:

1. It makes an order to provide the employee with paid days.
2. Indicates additional output in the time sheet of the digital code 27 or the letters "OB".
3. In the personal card of the employee (T-2), he makes an entry on the right to benefit (section IX). The basis for the marking is the submitted certificate of the disability of the child.

Conclusion

It should be noted that the Resolution does not require a disabled child to live with a parent / guardian / guardian. Accordingly, their residential addresses may not coincide. Meanwhile, in some cases, the fact of joint residence can have a significant meaning. The fact is that the right to receive additional days can be realized not only by the trustees / parents / guardians, but also by other persons who carry out the education of a disabled child without a mother. For example, a woman was stripped of her rights. At the same time, she has a sister who carries out the upbringing of the child until the moment of registering guardianship or custody.