Donor days in 1s zup. Absence with payment retained. Vacation for blood donors, additional vacation, how to apply for vacation

The Labor Code of the Russian Federation guarantees payment for donor days. Article 186 of the Labor Code of the Russian Federation provides for the exemption of an employee from going to work on the day of donation. If an employee donates blood and then immediately begins to perform his official duties, he is entitled to an additional day of rest.

In order for an employee to be paid for two days off, he must provide his manager with a certificate confirming his donation. This document, which has the form No. 402/у, issued by the medical institution that took the blood. The form of the certificate itself has not changed since 08/07/1985, but most medical institutions have redone it and made their own changes.

How to register donor days in 1C

— a specific date for the employee’s release from work in connection with donating blood and undergoing a medical examination. This is necessary to record the employee’s presence/absence at the workplace and to correctly fill out the working time sheet, subject to the requirements of Part 4 of Art. 91 Labor Code of the Russian Federation;

— the need to maintain the employee’s average earnings on the day of blood donation, provided that the employee presents a supporting document (Part 5 of Article 186 of the Labor Code of the Russian Federation). For more information about what document confirms the fact of donating blood, see paragraph 2 of this material;

How to register - donor days - (part 2)

Yes, there are situations in life when the need to donate blood arises suddenly. And communication problems can prevent you from informing an employee about your unplanned absence. In this case, we put NN (or digital code “30”) on the report card - failure to appear due to unclear circumstances. And only after clarification (the employee called back or brought a certificate the next day) can the code in the report card be corrected to “G”.

This approach requires accountants to make salary adjustments: first, remove the accrual for the day of vacation, calculate the average earnings for the day of blood donation, then make an additional accrual for the remaining day of vacation, which may be in a completely different month and will require a different calculation. From this approach follows the opinion that additional days of rest should be formalized by an order granting vacation.

Donor days

2. Let’s create a second accrual “Additional days off in connection with blood donation.” The settings for this type of calculation are identical to the settings for “Donor days”, with the exception of the type of time according to the classifier of working time use. There should be “Additional days off (paid)”, reflected by the letter “OB” in the timesheet.

Taxation of donor days. There is a lot of controversy about this. However, this type of calculation is subject to personal income tax and insurance contributions. This conclusion can be drawn based on Art. 217 of the Tax Code of the Russian Federation, which lists income that is not subject to personal income tax. The article contains a mention of “remuneration to donors for donated blood, breast milk and other assistance (clause 4 of Article 217 of the Tax Code of the Russian Federation),” but this does not apply to the average earnings paid to donor employees. Experts from the Russian Ministry of Finance share the same opinion (Letters of the Russian Ministry of Finance dated July 6, 2009 No. 03-04-05-01/530, dated May 5, 2009 No. 03-04-06-01/110). If an organization decides not to impose personal income tax on the average earnings paid to a donor, then its decision will likely have to be defended in court. There is also a list of amounts not subject to insurance premiums (Article 9 of Law No. 212-FZ and Article 20.2 of Law No. 125-FZ). Payment is the average employee’s earnings, maintained by the employer in accordance with Art. 186 of the Labor Code of the Russian Federation, - absent for donors. Based on the above, specialists from the Social Insurance Fund and the Ministry of Health and Social Development of the Russian Federation believe that the average earnings paid by the organization to employee donors for days of blood donation and rest days provided in connection with this are subject to insurance premiums (Letter from the Ministry of Health and Social Development of the Russian Federation dated March 15 .2011 No. 784-19, Social Insurance Fund of the Russian Federation dated November 17, 2011 No. 14-03-11/08-13985). Judicial practice is also emerging in favor of charging insurance premiums for the payment of average earnings for the days of blood donation.

Payment and provision of donor days in 2019

If you need to donate blood urgently, then it is not necessary to inform management about going to the hospital. Proof of the manipulation performed will be a certificate in the form:

No. 401/u - confirms the fact of a medical examination;
No. 402/u - material selection.

Missing work in this case is not absenteeism. But be sure to get a certificate from a medical institution and present it to management.

If the selection was made during sick leave or any vacation, then this day is not a day off and is not paid. But the employer is obliged to give the person one more (that is, second) day off.
If your superiors do not allow you to leave work to donate blood, your opinion can be ignored. In this situation, the law is on the side of the person who decides to help his neighbor.

A mandatory act is to inform management about the fact of donation by providing a certificate. It should be given to the personnel officer for accounting.

fill out the form and register;
verify your identity using a passport;
inform the doctor about all diseases and surgical interventions that have occurred to him in the last six months;
undergo a medical examination;
donate blood from a finger prick to determine its characteristics: group, hemoglobin level and others.

Donation is permitted only to legally capable citizens.

How to register donor days according to the labor code and what you need to know

Donor days are paid in the amount of average earnings. Moreover, experts argue that payment should be made in this amount, even if this point is not stipulated in the employment contract (collective agreement). Payment is made directly by the employer.

However, even despite the fact that donation is carried out on the initiative of the person himself and does not have a large number of formalities and requirements. People who work in various organizations and companies often donate. Consequently, problems may arise with the employer. To avoid such situations, the rights of donors and the Labor Code of the Russian Federation were combined. One article was devoted to this point (Article 186 of the Labor Code of the Russian Federation).

Rules for registration and use of donor days according to the Labor Code of the Russian Federation

But again order for the enterprise is not formalized, and the absence of the employee in connection with the performance of public duty is noted only in the report card with the letter code “G” and an amount equal to the length of the employee’s shift on the agreed day. At the same time, if an employee nevertheless went to the enterprise on the day of blood sampling in agreement with management, it is advisable to fill out an application due to the fact that the procedure for paying for hours of labor and blood sampling differs, and the consent of the boss must be recorded.

It is also recommended to determine procedure for implementing donor days in local acts, taking into account that the law gives the donor the right to use an earned day off at any time at his discretion, without taking into account production needs. In particular, it is possible to stipulate a condition for providing a donor day immediately after blood sampling or its addition to the main vacation in the collective agreement.

Reflection of donor days in the time sheet

It must be remembered that according to Art. 186 of the Labor Code of the Russian Federation, an employee is granted exemption from work duties not only on the day of blood donation, but also on the day when he undergoes the necessary medical examination. In addition, after donating blood, the employee is given a day of rest, paid in the amount of average earnings. At his own request, the employee may, by submitting a corresponding application addressed to the manager, add this day to the vacation.

I (01) - the employee showed up and worked daytime hours;
N (02) - the employee worked on the night shift;
C (04) - overtime work;
LCH (21) - work on a “short day”, the duration of work was reduced in accordance with the law.
G(23) - the employee was absent performing duties in favor of the state or society in cases established by law;
OV (27) - additional paid day off;
NN (30) - absence from work for an unknown reason;
NB (35) - the employee was not allowed to perform work duties, wages were not accrued;
NZ (36) - work was suspended due to non-payment of wages.

How to arrange rest days for a blood donor

In this option, again, the law does not require the employee to submit a written request for an additional day of rest, but if it was not used immediately after the day of blood donation, then, in our opinion, the employee cannot use this day of rest without warning the employer, on which is the responsibility of organizing the work of all employees. We believe that although the employee has the right to determine the date of use of the rest day himself, he must inform the employer about this. This means that in order to be granted an additional day of vacation, the employee will need to write an application.

Of course, it is good if the employee at least verbally warns his immediate supervisor or personnel officer about the time and reasons for his absence from work, and provides supporting documents after returning to work. But in any case, the employer has no right to require written (or even oral) advance notification from the employee about the reasons for his absence.

Donor days and everything connected with them

The blood donation took place on a weekday. Upon arrival at the enterprise, the worker is free to choose one day to restore his health;
The blood was donated on a non-working day. In this case, the donor may require one day of rest instead of a day off, and one day to restore health after donation.

If you donate the maximum dose of blood twice within one year, you can count on receiving a sanatorium voucher out of turn. Particular attention should be paid to additional time for restoration of health - donor days in Russia. According to, Art. 186 of the Labor Code of Russia, the donor has the opportunity to receive two days of paid rest– the first day of actual blood donation, and the second – any day of your choice.

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Time off during shift work Labor legislation guarantees donors 2 days of rest to restore their health, regardless of how their working day is structured:

five-day week with an 8-hour working day;
12-hour shifts (day-night) with two days off;
three days later.

The Labor Code does not specify the procedure for providing and paying for donor days off during shift work. This issue is clarified by the Federal Service for Labor and Employment in letters No. 3287-6-1 of 2009 and No. 402-6-1 of 2012. When working in shifts, employees are given time off for donating blood on days that coincide with their work shifts. But the duration of rest provided by law is equal to 8 working hours. If their shift lasts longer (12, 24 hours), they make up for the time missing from normal in the form of modifications.

How to take time off for donating blood?

Home/Time off/For donating blood The shortage of donor blood is one of the social problems in Russia. But every third person needs it at least once in their life. In order for it to always be at hand, at least 2.5% of the country's population must be regular donors.

free food on the day of donation (this includes meat, red fish, dairy products, chocolate); lunch can be replaced with food: caviar, juice, fish.

Attention The law prohibits replacing donor food with monetary compensation.

Bad request

If, after visiting the blood transfusion station, he continued to perform his official duties, he is entitled to 2 days off - “other” (replacement) and “additional”. Whole blood can be donated no more than 4-5 times a year; plasma and other elements (platelets, erythrocytes, leukocytes) are donated no more than 12 times a year. Thus, during the year, an employee can accumulate from 5 to 24 days off.

Attention

Donating blood during non-working hours Labor legislation meets the interests of people if they donate blood during non-working hours: on weekends, holidays, and vacations. In this case, they are entitled to another day of rest (Part 3 of Article 186 of the Labor Code). In addition, they have the right to an additional day - a total of 2 days off.

IMPORTANT Donor day is not paid if a person donated blood during the period of sick leave. If healthy parents donate blood and have sick leave to care for a child, all benefits are retained.

Payment and provision of donor days in 2018

Among them are:

Federal Law of July 22, 2012 No. 125-FZ “On the donation of blood and its components.” This document defines the financial aspects of the problem.
Order of the Ministry of Health of the Russian Federation No. 364 of September 14, 2001 describes the restrictions associated with blood donation. In particular, this document lists cases when sampling of biomaterial is unacceptable.
Art.
186 of the Labor Code of the Russian Federation describes the procedure for providing days of rest.

Any violation of regulatory documents is unacceptable. If the management of an enterprise ignores the law, a complaint should be filed with law enforcement agencies. Download for viewing and printing Federal Law No. 125-FZ dated July 22, 2012 “On the donation of blood and its components” Order of the Ministry of Health of the Russian Federation dated September 14, 2001

Rules for registration and use of donor days according to the Labor Code of the Russian Federation

Info

But the employer is obliged to give the person one more (that is, second) day off.

If your superiors do not allow you to leave work to donate blood, your opinion can be ignored. In this situation, the law is on the side of the person who decides to help his neighbor.

But this rule is not mandatory. It is perfectly acceptable to return to the site after donating blood. Then management will be obliged to provide the worker with two days off upon request. Additional days off are issued by order.

How to arrange “donor days” (part 1)

How to calculate payment for days of blood donation and rest for a donor employee, in the program “1C: Salary and Personnel Management 8” (rev. 3.0). Persons who voluntarily undergo a medical examination and voluntarily donate blood and (or) its components are called donors (Clause 2 of Article 2 of Law No. 125-FZ). The employer is obliged to provide the donor employee with the following guarantees and compensations provided for by the legislation of the Russian Federation:

Release the employee from work on the day of blood donation or related medical examination (Part.
1 tbsp. 186 of the Labor Code of the Russian Federation).
Provide the donor employee with another day of rest (Part 5 of Article 186 of the Labor Code of the Russian Federation), if he:
- went to work on the day of blood donation (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible) (Part 2 of Art.

Vacation for blood donors, additional vacation, how to apply for vacation

donated blood during the period of annual paid leave, on a day off or a non-working holiday (Part 3 of Article 186 of the Labor Code of the Russian Federation).

Provide the donor employee with an additional day of rest after each day of blood donation (Part 4 of Article 186 of the Labor Code of the Russian Federation). The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at other times within a year after the day of donation of blood and its components.
When donating blood and its components, retain for the employee his average earnings for the days of donation and the rest days provided in connection with this (Part 5 of Article 186 of the Labor Code of the Russian Federation).

C: Salaries and personnel management 8" (ed. 3.0). How to pay donors for days to donate blood (+ video)? The video was made in the program “1C: Salaries and Personnel Management 8” release 3.0.25. Article 186 of the Labor Code of the Russian Federation lists guarantees and compensation for employees in the event that they donate blood and its components. For the days of delivery and the days of rest provided in connection with this, the employer retains the employee’s average earnings. In the 1C: Salary and Personnel Management 8 program, edition 3.0, the standard type of calculation Payment for days of donating blood and its components is available for calculation if the flag Used for days of donating blood and its components (days of donors) is selected during the Initial setup of the program. To register the day of blood donation or the day of rest associated with it, you need to go to the menu Personnel - All absences of employees - Create an Absence document with retention of payment.

Rest days for donating blood must be agreed upon with the employer and carried out by order indicating the date, method of payment and justification for the benefit. The most common way to use such time off is to add it to your next vacation. Although the employee can use them at other times at his own discretion.

Important

Attention Donor days must be used within 12 months from the date of blood donation. After this period, the benefit becomes invalid. The second limitation of such a benefit is a change of place of work.

If the employee did not use the days off for donating blood at the old place, the new employer has the right not to provide or pay for them. How is a donor day recorded on the timesheet? Documentation of donor time off on the time sheet depends on the behavior of the donor himself. It is carried out strictly on the basis of certificates issued by the blood collection organization.

How to properly arrange a day of rest for an employee for donating blood in 1c

Additional information In the letter of the Ministry of Labor No. 14-2 / OOG-1727 of 2017, it was once again confirmed that the donor's day off is paid as an 8-hour working day, including a day of rest attached to the vacation. If the employer denies rest days Article 26 of Law No. 125-FZ talks about the employer’s obligation to provide the donor with the required benefits for donating blood. The basis is certificates No. 401/ and No. 402/у, which the employee must present.

Often the administration tries to assign absenteeism and punish an employee who missed 2 working days.
The Labor Code of the Russian Federation does not indicate that an employee is obliged to warn the employer about a donation, therefore such actions of the administration will be illegal.
Another case of violation of the law is providing an employee with only one extra day if he donated blood on a weekend or while on vacation.

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

The employer, on the basis of a medical certificate, releases the employee from work on the day of blood donation and medical examination in this regard. The donor is also given a day of rest after each blood donation. At the request of the employee, the day of rest can be added to the annual paid leave or used at other times during the year. Average earnings are paid for days of blood donation and additional days of rest. The period for calculation is 12 calendar months preceding the period during which the employee’s salary is retained. Average daily earnings to pay for donor days are calculated by dividing the amount of wages actually accrued for days worked in the billing period by the number of days actually worked during this period. The amount of average earnings is subject to personal income tax and insurance contributions, and is also taken into account when calculating income tax as part of labor costs.

For information on how to pay for donor days in “1C: Salaries and Personnel Management 8” (rev. 3) and “1C: Accounting 8” (rev. 3.0), read the updated article in the reference book “HR accounting and settlements with personnel in 1C programs ".

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Absence with payment retained

The document Absence with retention of payment in the application solution ZUP 3.0/3.1 is intended for registering various absences of an employee, during which the average salary is retained, and calculating their payment based on average earnings in accordance with the law.

On the “Main” tab,The main condition for registering absence is its period ( start date and endings) and Type of absence. However, while there is no accrual with assignment in the program, the document is not available. If during the initial setup of the program Did not have it is indicated that it is used payment for days of donating blood and its components (donor days) , then a message like “No accruals were found to register absence” (see Fig. 1) is shown in Fig. 1.

Rice. 1 Absence with payment retained

When such a message occurs, you need to start processing “Initial program setup” in the list of treatments in the “all functions” menu (see Fig. 2)

Fig.2 Starting processing “Initial program settings”

In the form of processing “Initial program setup” need to go to bookmark business trips, payments based on average earnings And check the box where payment is used for days of donating blood and its components (donor days)(see Fig. 3)

After applying the setting, one such accrual becomes available -Payment for days of donating blood and its components . Accruals for other types of absences, for example, during medical examinations, advanced training outside the main job, etc. are entered only directly into the list of accruals - there are no settings for their automatic creation.

Payment according to the average in the program is made for days (or hours) that are working according to the work schedule established by the employee (including individual).

If during the initial setup of the program you selected the option to register intra-shift payment for days of blood donation, then the checkbox is available Part-time absence (intra-shift) . Setting it allows you to specify the period of absence not in whole days, but in hours within the selected day. The checkbox is also available if any accrual with a purpose has been added to the list of accrualsPayment for the time of maintaining average earnings and installed switchPartial shifts on the bookmark Time tracking .

If, according to the employee, work is planned for different types of hours on this day (for example, during the day and at night), then you can clarify exactly how long the employee’s intra-shift absence will be. This will allow you to correctly calculate payments for different types of time.

Since the document can register the absence of an employee for various reasons, it allows you to clarify what the registered absence is associated with - selecttype of absence . The selected type of absence does not affect its payment. It is used only to indicate the time of absence in and in in.
Regardless of the selected type of absence, payment is made according to the accrual type selected on the next tabPayment .