Can certain categories of teachers take a 60-calendar day vacation?

Question

Does a pedagogical worker who has 2 or more children under the age of 12 or a disabled child under the age of 16, entitled to 56 days of annual extended annual leave, have the right to 4 calendar days of leave under Article 401 of the Labor Code?

Response

We believe that a pedagogical worker who has 2 or more children under the age of 12 or a child with a disability under the age of 16, entitled to 56 days of annual extended annual leave, has the right to 4 calendar days of leave according to Article 401 of the Labor Code.

According to Article 401 of the Labor Code of the Republic of Uzbekistan (hereinafter - LC), one of the parents (the person replacing the parents) of two or more children under the age of twelve or a child with a disability under the age of sixteen is granted annual additional paid leave of at least 4 calendar days.

According to part 6 of Article 237 of the Labor Code (Social Leave Established by Law), during the period of annual social leave of two or more children under the age of twelve or one of the parents (person replacing the parents) of a disabled child under the age of sixteen with a duration of four calendar days, their average earnings for this leave period are retained (Article 401 of this Code).

If you pay attention to Article 401 of the Labor Code, it refers to paid additional leave. Article 237 of the Labor Code refers to social leave.

In essence, the leave provided for in Article 401 of the Labor Code is considered social leave. Because, unlike annual leave, social leave is granted to the employee not for rest and restoration of working capacity, but for the purpose of creating favorable conditions for motherhood, childcare, education, as well as for other social purposes (Article 236 of the Labor Code).

According to Article 222 of the Labor Code (the procedure for combining annual basic and additional labor leaves), when calculating the total duration of annual labor leave, additional leaves are added to the annual basic minimum leave or the annual basic extended leave.

In all cases, when combining the vacations established by law, their duration cannot exceed 56 calendar days per working year.

That is, Article 222 of the Labor Code defines the procedure for combining annual basic and additional labor leave, and has nothing to do with social leave.

Consequently, from the foregoing, we conclude that a pedagogical worker who has 2 or more children under the age of 12 or a child with a disability under the age of 16, entitled to 56 days of annual extended annual leave, has the right to 4 calendar days of leave according to Article 401 of the Labor Code.