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Does the teacher have to go on vacation only in the summer?
15:00 / 01.05.2024
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Question
Hello, can a pedagogue with a disability of the 2nd group take a vacation now? Is there a requirement that teachers must take vacation only in summer? Can he go on vacation at his convenience?
Answer
There is no requirement in the labor law that teaching staff must go on vacation in the summer. Many are distracted by part 6 of Article 227 of the Criminal Code. According to part 6 of Article 227 of the Labor Code, the annual work leave for the teaching staff of educational organizations, whose annual work leave is given during the summer vacation period of the students, in the 1st working year in full-time during the language period, regardless of the time they joined this educational organization, they are paid in proportion to the time they worked.
Employees of this category are fully paid for work leave for two and subsequent working years, regardless of when this leave is given during the work year.
Here, there is no requirement that the pedagogue should take vacation in the summer. So, you should not be confused by the sentence that it is given during the summer vacation. We are talking about the 1st working year here. Note the phrase "regardless of when it may be granted" as it would not be used if the vacation had to be granted only in the summer.
Let's explain it more simply with an example. The school teacher was hired on September 4, 2023, and from June he goes on vacation at the same time as all pedagogues. According to the decision of the Cabinet of Ministers No. 263 dated June 26, 2023, the vacation of a teacher is 56 calendar days.
56 (vacation days)/12 (number of months)= 4,666... 4,666...* 9 (number of months worked September-May)= 42 calendar days. This means, for example, that a teacher who started work in September went on vacation from June, that is, from the summer vacation period, for the 1st working year. We give this employee a full 56 days of vacation, and vacation pay is paid for 42 calendar days (in proportion to the number of months worked in September-May) (Sundays and holidays are included in the payment of employees for annual extended vacation not taken into account).
According to Part 3 of Article 227 and Part 4 of Article 228 of the Labor Code, annual work leave should be given to employees with disabilities of the I and II groups at a convenient time according to their wishes.
That is, regardless of the profession or position of an employee with disabilities of groups I and II, if he writes an application requesting to take a vacation at a time convenient for him, the employer must satisfy the employee's application. This rule applies to the 1st working year, as well as to the 2nd and subsequent working years!
Therefore, not only employees with disabilities of the I and II groups, but also the employees provided for in Article 227, Part 3 and Article 228, Parts 4-5 of the Labor Code can take annual leave at their convenience. The employer is obliged to satisfy their application.
In this case, the employer does not have the right to tell the employee that he will pass his classes and take his vacation in the summer, there are no exceptions for the pedagogue to take vacation only in the summer.
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