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Publication date: 20.04.2024
active and purposeful military lawyer with more than 4 years of experience
The employee wants to add a day of rest for donating blood to the annual basic leave: how to apply
In accordance with the second part of Article 20 of the Law of Ukraine dated September 30, 2020 No. 931-IX "On the safety and quality of donated blood and blood components" (hereinafter - Law No. 931), on the day of donation, a person who expressed a desire to donate blood and/or components of blood, is released from work at the enterprise, institution, organization (hereinafter referred to as the enterprise) regardless of the form of ownership, with retention of average earnings at the expense of the owner of the relevant enterprise.
Grounds for dismissal from work due to blood donation
Such a person is given a day of rest immediately after each day of donating blood and/or blood components, with the preservation of his average earnings at the expense of the owner of the relevant enterprise. At the request of such a person, this day is added to the annual vacation.
The basis for dismissal from work in accordance with this article is a certificate issued to the donor at the place of medical examination or donation of blood and/or blood components in the form and in the order approved by the central executive body, which ensures the formation and implementation of state policy in the field of health care. I.
Order No. 301 of the Ministry of Health of Ukraine dated July 7, 2003 "On the approval of the forms of medical accounting documentation used in blood service institutions" approved the certificate form No. 435/o "Certificate on the provision of benefits to donors" (hereinafter - Certificate No. 435/ at).Addition of a day of rest for donating blood to the vacation
If the employee wishes to add a day of rest for donating blood to the annual basic leave, he must provide the employer with certificate No. 435/о and an application for granting such a day of rest. In the application, the employee must indicate the specific date on which he wishes to receive a day of rest, because such a day can be added to the annual leave both at the beginning and at the end of such leave.
Thus, on the basis of the application received from the employee and on the basis of Certificate No. 435/o, the employer issues an order to provide the employee with rest.
Pay attention! Even if the employee adds a day of rest for donating blood to the annual basic leave, the order to grant such a day of rest must be issued, in most cases, separately from the order to grant the annual basic leave to such an employee.
Terms of storage of orders
In accordance with the List of standard documents created during the activities of state bodies and local self-government bodies, other institutions, enterprises and organizations, with an indication of the terms of document storage, approved by the order of the Ministry of Justice of Ukraine dated April 12, 2012 No. 578/5 (hereinafter - List No. 578/5), orders on the granting of annual basic vacations to employees belong to the temporary storage period orders and must be kept for 5 years, and the orders related to labor remuneration belong to the long storage period orders and must be kept for 75 years.The order on the provision of a day of rest for donating blood can be classified as one of the orders relating to remuneration, as it specifies exactly how such a day of rest should be paid to the employee.
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