Good afternoon.
This is not the first year I have been donating blood, and recently I have been faced with what I consider to be inadequate compliance with Article 186 of the Labor Code of the Russian Federation on the part of the employer.
The essence of the problem is that my working day is 11.5 hours (both day and night) and after receiving 2 donor certificates after donating blood, I expect 2 days off for 11.5 hours each. each. The immediate supervisor agrees to only one day and at the same time demands both certificates for him. Motivating his actions allegedly by the fact that the Ministry of Health of the Russian Federation includes in the concept of “rest day” an 8-hour working day, and not 11.5 hours. Therefore, one certificate is not enough.

Labor Code of the Russian Federation

PART THREE

Section VII. GUARANTEES AND COMPENSATIONS

Chapter 28. OTHER GUARANTEES AND COMPENSATIONS
Article 186. Guarantees and compensation to employees in case they donate blood and its components

On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work.

If, by agreement with the employer, the employee went to work on the day of donating blood and its components (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), he is provided with his desire is another day of rest.

In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request.

After each day of donating blood and its components, the employee is given an additional day of rest. 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.

(as amended by Federal Law No. 90-FZ of June 30, 2006)

When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this.

(as amended by Federal Law dated August 22, 2004 N 122-FZ)

Commentary on Article 186 of the Labor Code
1. A person who voluntarily donates blood and its components for medicinal purposes is a donor. Donation is a freely expressed voluntary act. It is divided into the following types: blood donation, plasma donation, incl. immune, blood cell donation. Donation can be free or paid.
2. Legal status of donors in addition to Art. 186 of the Labor Code is determined by the Donation Law.
3. Every capable citizen aged 18 to 60 years who has undergone a medical examination can be a donor of blood and its components. A medical examination of the donor before donating blood and the issuance of certificates about his state of health are free of charge. The procedure for medical examination of a blood donor and its components was approved by Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (RG. 2001. November 13. N 222).
On the day of donation of blood and its components, as well as on the day of the medical examination, the donor is exempt from working in the organization, regardless of its form of ownership.
The employee’s attendance at work on the day of blood donation is determined by an agreement between the employee and the employer, which must be drawn up in writing. In this case, the employee is given another day of rest at his request. If an agreement is not reached, the employee does not go to work on the day of blood donation. It is not allowed to enter into an agreement with an employee engaged in heavy work and work with harmful and (or) dangerous working conditions; it is impossible for him to go to work on this day.
If the day of blood donation coincides with a weekend, a non-working holiday, or falls during the period of annual leave, then the employee has the right to choose whether to take another day of rest or not.
In addition, the employee is given an additional day of rest after each day of donating blood and its components. He has the right to add this day to the annual paid leave (main, additional) or use it at other times during the calendar year after the day of blood donation.
4. Part 5 Art. 186 of the Labor Code establishes that the guarantee of maintaining an employee’s average earnings and providing rest days in connection with this applies to those employees who donated blood and its components free of charge.
In the case of donating blood and its components during the period of annual leave, on a day off or a non-working holiday, and in the absence of the donor’s desire to take another day of rest, the average salary for the day of donating blood and its components is maintained at least double.
5. A donor who donates blood and (or) its components free of charge during the year in a total amount equal to two maximum allowable doses is provided with additional benefits, namely: during the year - temporary disability benefits for all types of diseases in the amount of full earnings regardless from work experience; during the year - treatment in state or municipal health care institutions at the expense of the relevant budgets; during the year - priority allocation at the place of work of preferential vouchers for sanatorium and resort treatment. Subjects of the Russian Federation have the right to provide donors with other additional benefits (Article 10 of the Donation Law).
Citizens awarded the "Honorary Donor of Russia" badge have the right to: priority treatment in state or municipal healthcare institutions; free production and repair of dentures (except for dentures made of precious metals) in state or municipal health care institutions; preferential purchase of medicines (with a discount of 50% of their cost) according to government or government prescriptions municipal institutions healthcare; priority purchase at the place of work of preferential vouchers for sanatorium and resort treatment; provision of annual paid leave at a time convenient for them; free travel on all types of public transport (except taxis) in urban, suburban and rural areas, as well as on road transport public use (except for taxis) of intercity traffic in the manner and under the conditions determined by the Government of the Russian Federation; reduction of utility bills by up to 50%; obtaining preferential loans for individual housing construction. Citizens of the Russian Federation awarded the "Honorary Donor of the USSR" badge enjoy all the benefits provided to citizens awarded the "Honorary Donor of Russia" badge (Article 11 of the Donation Law).
The Decree of the Government of the Russian Federation of August 26, 1995 N 842 approved the Regulations on the badge “Honorary Donor of Russia” (SZ RF. 1995. N 36. Art. 3549). The procedure for nominating a citizen of the Russian Federation for the award of the “Honorary Donor of Russia” badge and its presentation is determined by Order of the Ministry of Health of Russia dated October 8, 2002 No. 299 (BNA. 2002. No. 49).
Additional benefits to the donor are provided on the basis of standard certificates issued by healthcare institutions. Certificates are documents strict reporting and are stored in human resources departments or with authorized persons in organizations at the donors’ main place of work.
Article 11 of the Donation Law does not indicate by what means such benefits are provided. A gap in the legislative regulation on the procedure for reimbursement of expenses associated with the provision of benefits to persons awarded the “Honorary Donor of Russia” badge is not a basis for refusing to satisfy them. According to the position of the Constitutional Court of the Russian Federation, until the legal relations arising in this case are properly settled by federal law, which provides for the distribution of expenses between budgets of all levels, the provision of benefits should be carried out at the expense of the federal budget.
This does not interfere with the constituent entities of the Russian Federation and municipalities and until the settlement this issue the federal legislator to provide in his laws (decisions) on budgets the necessary funds to finance the benefits provided to persons awarded the “Honorary Donor of Russia” badge, with subsequent submission of demands for partial reimbursement of the corresponding expenses from the federal budget (Decision of the Constitutional Court of the Russian Federation of April 9 2002 at the request of the Arbitration Court of the Republic of Karelia to verify the constitutionality of paragraph 5 of Article 83 of the Budget Code of the Russian Federation, Articles 4 and 11 of the Law of the Russian Federation “On the donation of blood and its components 2002. N 29. Art.