caregiver kindergarten- is also a teacher, only with its own special specifics.

As you know, workers in the pedagogical sphere are assigned a special one, this is due to the peculiarities of the profession itself and the burden that they bear during school year. For educators, there is generally no academic year or vacation as such, but their work time is more standardized.

So how many vacation days does a kindergarten teacher have? And are there additional terms recreation for workers in this area?

Citizens who have joined labor Relations with the employer, regardless of the position held and the work performed, they have. A balanced approach to work and rest allows employees to perform their duties efficiently and take good care of their health.

Rest is divided into several categories:

1. - technical and for meals.
2. Weekend days when a person is off work for 24 hours or more.
3. Vacation.

Vacation is the longest vacation. Vacation periods are granted to all employees without exception annually. According to the Labor Code Russian Federation, the minimum vacation period is 28 days. These days can be selected by the employee at a time or divided into parts. Share vacation period allowed for any number, provided that one of its parts is not less than 14 days.

The right to leave arises automatically for a person with the start of work, but it can be used subject to certain conditions. In the first year of work in the organization, an employee will be able to apply for a job no earlier than he has worked for six months. After six months, he can immediately take the entire period due to him or take only part of it. V subsequent years work on this enterprise provided that the length of service was not interrupted by departures, you can take rest days at any time, starting from the day the new working year begins. The work year is an individual indicator that begins its countdown from the moment an employee is hired for a position. When transferring to another organization, the labor year is counted according to new dates.

As a rule, in most cases, the length of the vacation period is not affected by the length of service. Although there are professions where, with an increase in continuous experience, the duration of annual rest also increases, for example, among rescuers.

Types of holidays provided to teachers

There are a number of cases when days without pay are provided to employees on a mandatory basis. Such rules relate to special life moments that are prescribed by law:

1. Birth of a child.
2. Wedding.

In the event of any of these cases, 3 to 5 days are allocated at your own expense.

When is vacation granted?

V Labor Code it is specified that the vacation time is chosen by the two parties to the agreement. Usually this process proceeds as follows:

1. The employee chooses the desired vacation dates.
2. The employer agrees on the terms or adjusts them.

Educational institutions have their own special order which is tacitly considered unshakable and subordinate to the educational process itself.

It is unthinkable to imagine that teachers will go on a long vacation in turn during the academic year. This can disrupt the course of learning and derail a well-established educational program. Therefore, teachers have a rest during the holidays, as a rule, we are talking about the longest of them - summer.

Since not only teachers, but also educators and psychologists are classified as pedagogical workers, the time of their vacations is set depending on the institution where they work.

In kindergartens, as such, there are no vacations at all, so here vacations are issued according to the system of the chosen order, without reference to any particular time of the year.

You will be interested

Question:

A private kindergarten operates according to OKVED "childcare", without an educational license so far. There are educators in the state.
What is the period of paid leave of the educator 28 days or 56 days?
Answer:

The activities of looking after children, their upbringing, training actually indicate the creation of a children's preschool, which means that the entrepreneur is obliged to comply with the relevant requirements.

The duration of the annual main extended paid leave is 56 calendar days for the following teaching staff:
educators, music directors, physical education instructors, speech therapists, speech pathologists working full-time in preschool educational institutions. Confirmation: Decree of the Government of the Russian Federation of the Government of the Russian Federation dated May 14, 2015 No. 466.

Thus, if you have educators in your state, then they are supposed to be granted annual paid leave of 56 working days.

Unfortunately, the service does not yet provide for automatic accounting of additional or extended vacations. Development is in the plans, but I can’t tell you the exact timing of implementation. In this regard, I can offer the following option for reflecting an extended vacation for educators in the service.

Reflect such an employee on vacation for 28 days in the service in the section Salary-Vacation-Annual Paid Vacation. Write out separately the amount of vacation pay for 28 days of vacation.

Then reflect Other accruals - add, specify the employee, create a new type of accrual - extended leave of the caregiver. Indicate the amount of vacation pay that was obtained during the calculation. Indicate that the payment is subject to 13% personal income tax and insurance premiums in general order. When creating an accrual, you do not need to check the boxes: "take into account when calculating average earnings", "apply the northern allowance" and "regional coefficient".
Make both payments through the Calendar-Payments to individuals (one payment will be for 28 days of regular vacation as Vacation, the second payment will be for additional days, also for 28 days of vacation as Other accruals).

For the duration of the employee's extended vacation (the second 28 days of vacation), mark this period as absenteeism for him. This will not negatively affect the employee in any way, but for such a period the salary in the service will not be accrued. And the employee will eventually receive vacation pay for the time spent on vacation for 56 days and a salary in proportion to the days worked in the month when additional vacation days are issued.

If you only provide childcare services, that is, you actually provide babysitting services. It turns out that your employees are not private kindergarten teachers, as you indicated in your first question, but only nannies. Such employees are entitled to an annual paid leave of 28 days as employees of a regular labor specialty.

If your employees are registered in a private kindergarten as educators, then such employees are entitled to a vacation of 56 days. Since the form of ownership of the organization (IP) as employers does not differ. When working in a private kindergarten, educators should not be infringed on their rights, including the right to extended leave, as if they were working in a municipal kindergarten by the same educators.
Since the law does not provide otherwise, when determining the duration of extended paid leave, the employees indicated in the question should currently be guided by Decree of the Government of the Russian Federation of the Government of the Russian Federation dated May 14, 2015 No. 466.

I draw your attention to the fact that since the educational activities and activities of kindergartens are specific, and according to the regulations of accounting consultations, questions on the specifics of activities in our section are not considered in detail. Our point of view is expert opinion. For official clarifications specifically on your situation, I recommend that you contact the Russian Ministry of Education and Science by mail (125993, Moscow, Tverskaya St., 11, GSP-3) or by sending electronic appeal(http://minobrnauki.rf/feedback/rules).

All teaching staff, due to the complexity of their profession, are entitled to an extended vacation period every year. Kindergarten teachers are considered separate view teaching staff, because they do not have a generally accepted "academic" year, and work time subject to a more stable schedule than, for example, teachers. How many vacation days does a kindergarten teacher have, and are there any additional vacation privileges for such employees?

Calculation rules

The duration of a kindergarten teacher's vacation does not change depending on the length of service, and most often such a vacation is provided in the summer months, since most children leave with their parents for a summer vacation.

However, as such, educators do not have summer "vacations", and they can take vacation days Anytime.

Before receiving rest days, educators are assigned a special payment in the accounting department of their institution - “vacation pay”, the amount of which is equal to the average employee's earnings for one day of work and multiplied by the number of days that make up vacation time.

There is one nuance in the Labor Code regarding the correct calculation of "vacation pay": given the fact that the size of the working day changes every month, they established average value days in a month - 29.3.

This coefficient is needed in order to make a simple calculation:

1. The average daily earnings are the total earnings and bonuses for the year, multiplied by 29.3.
2. Vacation pay is the average daily wage multiplied by 42 days.

A kindergarten teacher is included in the second category of teaching staff and is entitled to paid leave of 42 calendar days annually.

The right to rest annually arises for any employee of a preschool pedagogical institution automatically upon admission to any position. However, the employee will be able to use his legal days “without work” only under the following condition: you need to work at least 6 months at the time of receiving leave.

After six months of work, an employee can either immediately go on a legal vacation, or demand from the employer part of the rest days, no more than 14 days. Later, the educator may take legal holidays at any time during the working year.

The working year is a special indicator that begins on the day the educator is admitted to the place of work. Labor years are counted only in one organization, and when moving to another, the countdown date changes and labor years begin to be calculated again.

There are three categories of educators in the main pedagogical staff of the kindergarten:

• junior educators;
• senior educators or methodologists;
• head of the kindergarten.

Naturally, all educators still cannot take rest days when they want, as this will negatively affect the learning process, so educators leave in turn in predetermined months, which you can just choose.

The manager, on the other hand, can go on vacation solely for his own reasons and desires, however, in order to carefully control the process of teaching children, managers do not rest in September - October, when the influx of parents arranging their children in kindergarten is especially huge.

Rest time is divided into several types:

1. Technical day breaks and days off. 24 or 48 hours, if it is two days, a person needs to rest from his main work activities. At this time, he is completely freed from work and can devote these hours to his personal needs and affairs.
2. Annual paid vacation. The longest vacation that the employer must pay for. For a kindergarten teacher, its duration, as already mentioned, is 42 days. For example, the annual rest of a high school teacher is 56 days.
3. At your own expense. This species is needed to solve their life problems. It is required from the management in any month of the working year. Such rest is limited to two weeks, unless there are other reasons for its duration to be increased. This vacation time is not paid by the authorities and is always agreed with the management separately. The head has the right not to give consent to this petition.
4. Maternity leave and parental leave. Specialized days of "rest" from the main work. On maternity leave, an employee who is going to become a mother leaves at the 7th month of pregnancy.

After the birth of the child, she also has a month of maternity leave. And after that, it is already possible to apply for parental leave until the child reaches the age of one and a half or three years. Both the newly-made mother herself and the father of the child can go on this type of vacation. However, only one of the parents has the right to be on such a long “day off”.

Teaching staff are entitled to extended leave, depending on their teaching classification, each year. For example, teachers teaching advanced training courses, teachers teaching disabled people of the first, second and third groups or children in correction, as well as psychologists, teachers of primary, secondary and higher levels receive an extended vacation of 56 calendar days every year.

PEI employees receive 42 days, which is also considered an extended rest time, since according to the Labor Code of the Russian Federation, the standard vacation period for an employee is 28 calendar days.

There is also a special type of vacation period without pay. All teaching staff can take such a vacation once every 10 years. Its duration is formed based on the wishes of the employee and can be no more than twelve months in duration.

The hours issued for such a vacation are naturally not paid, however, the employee is fully retained workplace and position, as in the case of maternity leave or parental leave.

In addition to a special vacation period, teaching staff can also take vacation days that will not be paid - time off. These days will be provided to the employee by the employer to solve personal problems. In total, "time off" can be up to two weeks per working year under the law for one employee. He can take them any day.

This, of course, does not include sick leave and travel sheets, which officially record the number of days in which the employee was absent from work due to illness or was on a business trip.

The days added in addition to the annual reserves will create a situation of recalculating the length of service and to the fact that the accounting department, together with the management, will postpone the employee's vacation time to a later period, since he was taken time off in excess of the prescribed norm.

Rest without saving money is also always agreed with the authorities. Moreover, as in the case of leave at its own expense, the employer can simply refuse such a request to the employee.

Such a leave was requested by the head teacher of a secondary school, who has been teaching for more than 15 years. The reason is quite valid - there is no one to sit with a newborn granddaughter, since the parents (children of this head teacher) have urgent work abroad. In such a situation, the director refuses such a long vacation time, since the head teacher occupies a very responsible position and is responsible, for example, for the entire methodological part of the work of the institution.

Soon there will be ministerial checks, and it is not possible to search for and train a new person. In this case, the employee will be denied. However, if the situation at home is really hopeless, then the head teacher will have to make a responsible decision and quit a good position for own will, or parents will look for a temporary nanny for their baby. But for some reason this may not be acceptable to them.

Decisions in favor of such a long leave without saving wages depend on the leadership of the general education or preschool education institution.

1. Participants of the Second World War, prisoners of concentration camps or repressed. These employees may take, in addition to the prescribed annual rest and days off, a long period of leave equal to 35 days at a time or in installments.
2. Employees who have reached retirement age. These workers may, at any time during the working year, take two weeks in addition to their regular holidays.
3. Military wives/husbands. This category of teachers can also count on an additional rest of two weeks annually.
4. Educators who are in difficult working conditions, for example, kindergarten teachers working in the North, in conditions of extended winter weather and short daylight hours. They are also entitled to 24 additional calendar days, or in equivalent to the northern areas - 16 calendar days with a percentage increase in wages.
5. Employees with disabilities are usually the third working group or the second with a restriction labor activity, for example, for disabled children. For such a galaxy of employees, vacation days are additionally provided - up to 2 months a year.

Finally, unpaid days may be granted to employees in connection with unforeseen life situations, for example, in the event of an accident or death of a loved one, a domestic emergency, or when moving to a new location. For such cases, the employer allocates from 3 to 5 days for any teacher.

Registration of vacation days begins, first of all, after agreeing on the terms of rest between the employer and the employee. Usually, the employee himself chooses the desired days, and the management agrees, or corrects and offers the employee another suitable time to choose from.

A special procedure for holidays has been introduced for teachers, which does not harm the general educational process, but obeys it. That is why such an order is unshakable, since it is very difficult to imagine that teachers go on long vacations in turn. This will not only disrupt the entire learning process, but also jeopardize the passage of the educational program, so for them the vacation time is the summer months.

Kindergarten teachers can choose vacations according to their personal preferences and the order set by the employer, without being tied to a specific time of the year.

When issuing holidays for educators, the heads of a preschool educational institution can issue the following types of orders:

1. Order on granting leave in the form of N T-6 and N T-6a. This order is drawn up in the case of a normal annual vacation period. This paper reflects the employee's length of service and the number of vacation days granted to him under the Labor Code of the Russian Federation. Such a vacation period can be compensated financially at the request of the employee, then an order is issued to pay the employee compensation for part of the vacation, the days of which will be paid by the employer.
2. An order to recall an employee from vacation. The recall of the employee is also carried out only if the employee does not mind satisfying the request of the authorities to leave the vacation period ahead of schedule, and given consent fixed in writing. If the subordinate refuses to leave at the request of the head, then this will not be considered as a violation of the employment contract.
3. Vacation notice. Such a document can be issued only when the absence of an employee can adversely affect the entire work process, for example, when state verification. Only then can vacation days, with the consent of the employee, be transferred to next year. According to the Labor Code of the Russian Federation, it is forbidden to refuse an employee a vacation for two years, or to transfer vacations to those employees who are engaged in hazardous work.
4. Extension order. Vacation days can be extended due to the temporary disability of the employee, or if he performed state duties during the rest.

An application for leave, written by the employee, is attached to the vacation order.

The manager is obliged to notify the employee about the decision made on his annual rest no later than 14 days before the expected date of the vacation period.

Thus, preschool educators, as employees of the second category of pedagogical workers, are provided with 42 days of extended leave every year. This time is paid in full by the employer, as a result of which “vacation pay” is issued - cash payments equal to the average daily earnings of the employee multiplied by the number of rest.

In addition, employees of preschool educational institutions may take an unpaid vacation period, or after ten years of service, demand a long leave without pay for up to twelve months.

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Vacation in a preschool

Question:

V educational institution in the preschool department in general education groups there are disabled children (1-2 children per group, some with the conclusion of the Central Psychological-Medical-Pedagogical Commission, some without it). The educators asked about granting them vacation not 42, but 56 days. In one general education group, there is 1 disabled child with the conclusion of the CPMPC. In another general education group, there is 1 disabled child without the conclusion of the CPMPC. Is any of the educators of these groups entitled to a vacation of 56 days, and, if so, on the basis of what regulatory documents.

Answer:

In accordance with clause 13 of the Order of the Ministry of Education and Science of Russia dated August 30, 2013 N 1014 "On approval of the Procedure for organizing and implementing educational activities in the main general educational programs - educational programs of preschool education", educational activities in educational programs of preschool education in an educational organization are carried out in groups.

Groups can have a general developmental, compensatory, health-improving or combined orientation.

In groups of a general developmental orientation, the educational program of preschool education is being implemented.

In compensating groups, an adapted educational program of preschool education for children with disabilities is implemented, taking into account the peculiarities of their psychophysical development, individual capabilities, which ensures the correction of developmental disorders and the social adaptation of pupils with disabilities.

Health-improving groups are created for children with tuberculosis intoxication, frequently ill children and other categories of children in need of long-term treatment and the necessary set of special medical and recreational measures for them. In health-improving groups, the educational program of preschool education is being implemented, as well as a complex of sanitary-hygienic, health-improving and preventive measures and procedures.

In groups of a combined orientation, joint education of healthy children and children with disabilities is carried out in accordance with the educational program of preschool education, adapted for children with disabilities, taking into account the characteristics of their psychophysical development, individual capabilities, providing correction of developmental disorders and social adaptation of pupils with disabilities. health opportunities.

SanPiN-2.4.1.3049-13 defines the recommended number of pupils with disabilities in combined groups (clause 1.12).Based on the foregoing, the group of pupils, in which among healthy children there is one child with disabilities, in our opinion, is a group of combined orientation.In accordance with the Decree of the Government of the Russian Federation of May 14, 2015 No. No. 466 "On the annual main extended paid holidays", educators, music directors working in groups for students preschool age with disabilities and (or) in need of long-term treatment are entitled to a vacation of 56 days (in accordance with paragraph 4 of part III of the Annex to the Resolution “Annual basic extended paid holidays for employees replacing the positions of teachers, as well as heads of educational organizations , deputy heads of educational organizations, heads structural divisions these organizations and their deputies).

In accordance with the Federal Law of November 24, 1995 N 181-FZ "On social protection persons with disabilities in the Russian Federation", recognition of a person as a disabled person is carried out federal agency medical and social expertise. The procedure and conditions for recognizing a person as disabled are established by the Government of the Russian Federation.

It should be borne in mind that in accordance with Part 16 of Art. 2 federal law"On Education in the Russian Federation" No. 273-FZ, a student with disabilities - individual having deficiencies in physical and (or) psychological development, confirmed by the psychological-medical-pedagogical commission and preventing education without creating special conditions. Thus, in accordance with the specified norm, pupils with disabilities must have the conclusion of the PMPK. In accordance with Art. 11 of the Law of Moscow dated April 28, 2010 N 16 "On the education of persons with disabilities in the city of Moscow", recommendations on the creation (change) of special conditions for training (education), contained in the conclusion of the psychological, medical and pedagogical commission, are mandatory for execution by state educational institutions and non-state educational organizations where people with disabilities are trained.

Thus, in our opinion, educators working in groups with pupils (even in the amount of 1 person) who have the appropriate conclusion of the CPMPC, have the right to a vacation of 56 days.

The job is really not easy. We list only the main responsibilities of a kindergarten teacher:

Admission of kids to the group;
direct participation in the organization of meals, walks, daytime sleep;
upbringing of children and their comprehensive development.

So that teachers simply do not burn out at work, they are provided with a sufficiently long vacation. Such a rest for preschool teachers is really necessary. Without periodic recuperation, it is simply impossible to perform one's duties qualitatively.

How many days does a kindergarten teacher have a vacation?

The administration is responsible for leaving the vacation schedule educational institution. In this case, a certain preliminary work, since it is necessary to coordinate the rest time with representatives of the labor collective. At the same time, in special cases, the management has the right to recall the educator from vacation. However, there is one important condition here. The employee must give written agreement for a review. In turn, representatives of the labor collective can apply to the management with a request to provide them with unpaid leave.

Now let's figure out how much kindergarten teachers are supposed to rest. By law, the vacation period for representatives of this profession is assigned to the 2nd category of pedagogical specialists. Accordingly, the kindergarten teacher is entitled to 42 days of paid leave. One clarification should also be made here. In this case, we are talking about calendar days, not business days.

We have already noted above that educators are not so attached to learning process as teachers in schools, colleges, institutes and so on. Accordingly, they receive vacation according to the principle of electoral priority. There is no link to any specific time of the year in this case. The duration of the vacation is not affected by the length of service and seniority.

At the same time, the duration of leave at one's own expense cannot exceed 14 days. Moreover, the head of the educational institution may not sign the corresponding application of the employee if the absence of this teacher will negatively affect the work of the kindergarten or the educational process. In other words, each such application is considered on an individual basis.

It should also be noted that additional holidays provided for by the norms current legislation. All related issues are resolved by the leadership of the kindergarten. For example, additional rest can be provided to an employee as a reward for long-term work, or as an encouragement for some kind of achievement. Often preschool teachers have to work in non-standard working conditions. In this case, they may be given additional leave as a compensation. Depending on the place and working conditions, teachers have the right to extend the rest up to 56 days.