Official text:

Article 186

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

In the event that, by agreement with the employer, the employee went to work on the day of donating blood and its components (except for work with harmful and (or) hazardous conditions labor, when it is impossible for the employee to go to work on that day), he is given, at his request, another day of rest.

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

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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.

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

Lawyer's comment:

According to Article 1 of the Law of the Russian Federation of June 9, 1993 No. 5142-1 "On donation of blood and its components" (as amended on July 24, 2009), every capable citizen over 18 years of age who has undergone a medical examination can be a donor of blood and its components. On the day of donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.

By agreement between the employee and the employer, the employee may return to work on the day of blood donation. In this case, the employee, at his request, is provided with another day of rest. It is not allowed to go to work on the day of blood donation by employees employed in hard work and work with harmful and (or) dangerous working conditions. If the day of blood donation coincides with a weekend, non-working holiday, or if it falls on time annual leave, the employee, at his request, is provided with another day of rest.

In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. Part 4 of Article 186 provides for the employee's right to add this day to the annual paid leave (basic, additional) or use it at other times during the year after the day of blood donation. An employer has no right to refuse an employee who is a donor to provide an additional day of rest after the day of blood donation.

If, if the employer refuses to provide an additional day of rest, the employee does not go to work, then absenteeism in such a situation is not absenteeism. The Plenum of the Supreme Court of the Russian Federation in its resolution of March 17, 2004 No. 2 (subparagraph "e" of paragraph 39) indicated that the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them and the time the employee uses such days did not depend on the discretion of the employer (for example, refusing to provide an employee who is a donor in accordance with part 4 of article 186 of the Labor Code with a day of rest immediately after each day of donating blood and its components).

The period during which an employee who is a donor can exercise his right to use an additional day off is one year after the day of blood donation. Part 5 of Article 186 obliges the employer to retain for the employee his average earnings for the days of blood donation and the rest days provided in connection with this, regardless of whether the employee donated blood on a paid or free basis.

Full text of Art. 186 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 186 of the Labor Code of the Russian Federation.

On the day of donating blood and its components, as well as on the day of the related 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 work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest.

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

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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.
When donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.

Commentary on Article 186 of the Labor Code of the Russian Federation

Relations associated with the donation of blood and its components are regulated by the Federal Law "On donation of blood and its components".

Article 26 of this law establishes an obligation for employers, heads of organizations, officials organizations of federal executive bodies, in which the federal law provides for military and equivalent service, the duty:
- assist the subjects of circulation of donor blood and (or) its components in attracting donors to donate blood and (or) its components;
- provide employees and military personnel who donated blood and (or) its components with guarantees and compensations established by law Russian Federation;
- provide free of charge necessary premises for a donation.

An employee who donates blood on his day off must be given two additional rest days by the employer: one as compensation for donating blood on the day off, and the other as an additional day of rest. By general rule the employee is also released from work on the day of the medical examination related to blood donation. However, this day may be, in case of agreement with the employer, transferred to any other day, with the exception of work with harmful and (or) dangerous working conditions.

Thus, the Supreme Court of the Russian Federation in its ruling of March 2, 2012 N 56-B11-17 established that when an employee donates blood on a day off, he has the right, taking into account an additional day of rest, for two days of rest, which are payable in the amount of average earnings. At the same time, there are no restrictions on the payment of rest days provided to an employee for the day of blood donation, depending on whether such a day is a day off or a working day.

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

It should be noted that in accordance with paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation on the application by the courts of the Labor Code of the Russian Federation, the use of rest days by an employee is not absenteeism if the employer, in violation of the obligation stipulated by law, refused to provide them, and the time the employee used such days did not depend on discretion of the employer (for example, refusal to provide an employee who is a donor in accordance with Part 4 of the commented article with a day of rest immediately after each day of donating blood and its components).

In accordance with the Federal Law "On the donation of blood and its components", an employee who donated blood and (or) its components free of charge is provided with other social guarantees. So, according to part 3 of Art. 22 of this law, a donor who donated blood and (or) its components free of charge during the year in an amount equal to two maximum allowable doses of blood and (or) its components is granted the right to priority purchase at the place of work or study of preferential vouchers for sanatorium-and-spa treatment .

In accordance with Part.1 Article. 23 of the Federal Law "On the donation of blood and its components", donors who have donated blood and (or) its components (with the exception of blood plasma) forty or more times or blood plasma sixty or more times, are awarded the badge "Honorary Donor of Russia" in the manner established by Decree of the Government of the Russian Federation of November 26, 2012 N 1228 "On the procedure for awarding blood donors and (or) its components with the badge "Honorary Donor of Russia", and have the right to provide annual paid leave at a convenient time of the year in accordance with labor law, the priority acquisition at the place of work or study of preferential vouchers for sanatorium treatment, the provision of an annual cash payment. The annual cash payment to persons awarded the badge "Honorary Donor of Russia" is set at 10,557 rubles.

The annual cash payment is indexed once a year from January 1 of the current year based on the federal law on federal budget for the relevant financial year and planning period forecast level of inflation.

Financial support for the costs associated with the implementation of the annual cash payment is an expense obligation of the Russian Federation (Article 24 of the Federal Law "On the donation of blood and its components").

Consultations and comments of lawyers on Article 186 of the Labor Code of the Russian Federation

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New edition Art. 186 Labor Code of the Russian Federation

On the day of donating blood and its components, as well as on the day of the related 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 work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest.

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

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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.

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

Commentary on Article 186 of the Labor Code of the Russian Federation

An employee who donates blood is given a day off from work (on which the blood donation took place). At the same time, the average earnings for this day (days) are preserved.

Another commentary on Art. 186 of the Labor Code of the Russian Federation

1. Blood donors are persons who voluntarily donate blood and its components (plasma, including immune plasma, as well as blood cells). In accordance with Part 4 of Art. 1 of the Law of the Russian Federation of June 9, 1993 N 5142-1 (as amended on December 29, 2006) "On the donation of blood and its components", any capable person over the age of 18 who has undergone a medical examination can be a donor.

2. Employees who are donors of blood and its components are provided with the following guarantees:

Exemption from work on the day of donating blood and its components, as well as on the day of the related medical examination;

Providing another day of rest if the employee went to work on the day of donating blood and its components;

Providing another day of rest in case of donating blood and its components during the period of annual paid leave, on a weekend or non-working holiday;

Providing an additional day of rest after each day of donating blood and its components, or adding these days to annual paid leave, or using them at other times.

3. Provision of the said guarantees to donors is obligatory for employers (Article 6 of the Law of the Russian Federation "On donation of blood and its components").

4. On the day of the medical examination related to the donation of blood and its components, the employee must be released from work. The order of medical examination of donors was approved by the Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (BNA. 2002. N 1). It involves the presence of a donor for examination in the department (office) of registration and recruitment of donor personnel of blood transfusion stations, the department (office) of blood transfusion of medical institutions and excludes the appearance of the donor on the day of the examination for work.

5. On the day of donation of blood and its components, the donor may go to work by agreement with the employer. This possibility is excluded in cases where the employee is engaged in hard work and work with harmful and (or) dangerous working conditions.

If an employee went to work on the day of blood donation, he is given another day of rest. The provision of another day of rest is carried out at the request of the employee. The employee must inform the employer in advance about the time of using this day. Unauthorized use of another day of rest by given reason should be considered as a violation of labor discipline, but such a violation is not absenteeism. In order to avoid misunderstandings, it is advisable to determine the time of using another day of rest (or the procedure for notifying the employer about the time of using this day) when an agreement is reached between the donor and the employer on the donor's work on the day of blood donation.

6. Since when donating blood and its components during the period of annual paid leave, on weekends and non-working holidays the provision of another day of rest is the obligation of the employer, the desire of the employee determines only the time of use, and not the very fact of providing such a day.

7. Additional days of rest after each day of blood donation can either be used immediately after the day of blood donation, or attached to annual paid leave, or used at any other time during the calendar year. The right to choose the time of using these days belongs to the employee, however, he must notify the employer in advance of the desire to add them to the vacation, at least before the next blood donation.

The use of these days is possible throughout the year, i.e. 365 days from the date of blood donation. In this case, the employee must also inform the employer in advance of his intention.

8. Guarantees in the form of release from work and additional days of rest, as well as compensation in the form of saving the average earnings for the days of blood donation and additional days of rest are provided to all donors, regardless of whether they donate blood and its components for compensation or free of charge.

For the procedure for calculating average earnings, see Art. 139 of the Labor Code of the Russian Federation and commentary to it.

On the day of donating blood and its components, as well as on the day of the related 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 work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest.

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

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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.

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

Commentary on Art. 186 Labor Code of the Russian Federation

1. In the case of donating blood and its components, employees are entitled not only to the guarantees and compensations provided in accordance with this article, but also to other measures of social support provided for in Art. Art. 10, 11 of the Law of the Russian Federation of June 9, 1993 N 5142-1 "On the donation of blood and its components" (VVS RF. 1993. N 28. Art. 1064) .2. The procedure for medical examination of a blood donor and its components was approved by the Order of the Ministry of Health of Russia dated September 14, 2001 N 364 (BNA RF. 2001. N 46).

Labor Code, N 197-FZ | Art. 186 Labor Code of the Russian Federation

Article 186 of the Labor Code of the Russian Federation. Guarantees and compensations to employees in case they donate blood and its components (current version)

On the day of donating blood and its components, as well as on the day of the related 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 work with harmful and (or) dangerous working conditions, when it is impossible for the employee to go to work on that day), he is provided, at his request, with another day of rest.

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

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 attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.

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

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Commentary on Art. 186 Labor Code of the Russian Federation

1. On the day of donating blood and its components, as well as on the day of the medical examination, the donor is released from work in the organization, regardless of its form of ownership.

The exit of the employee on the day of blood donation to work is determined by an agreement between the employee and the employer, which must be drawn up in writing. In this case, the employee, at his request, is provided with another day of rest. If an agreement is not reached, then the employee does not go to work on the day of blood donation. It is not allowed to conclude an agreement with an employee employed in work with harmful and (or) dangerous working conditions; his return to work on that day is impossible.

If the day of blood donation coincides with a weekend, non-working holiday or falls within the period of annual leave, the employee has the right to choose whether to use another day of rest or not.

In addition, after each day of donating blood and its components, the employee is provided with an additional day of rest. He has the right to add this day to the annual paid leave (basic, additional) or use it at other times during the year after the day of blood donation.

2. The guarantee that the employee will keep the average salary for the days of donating blood and its components and the provision of rest days in connection with this applies to all employees, regardless of whether they donated blood and its components free of charge or on a paid basis.

3. Legal status donors, in addition to Art. 186 of the Labor Code, regulated by the Law on Donation.

The donor has the right to be a capable person who is a citizen of the Russian Federation or legally residing in the territory of the Russian Federation for at least one year as a foreign citizen or a stateless person who has reached the age of 18 or who has acquired full legal capacity before reaching the age of 18 in accordance with the legislation of the Russian Federation, who has expressed a voluntary a desire to donate blood and (or) its components that has undergone a voluntary medical examination and has no medical contraindications for donating blood and (or) its components (Part 1, Article 12 of the Law on Donation). Donor of blood and (or) its components - a person who has voluntarily undergone a medical examination and voluntarily donates blood and (or) its components (clause 2, part 1, article 2 of the Law on Donation).

4. According to Art. 12 of the Law on Donation, he has the right to: 1) donate blood and (or) its components free of charge or for a fee in accordance with this Law; 2) protection by the state of his rights and health protection; 3) familiarization with the results of his medical examination; 4) full information about the possible consequences of donating blood and (or) its components for health; 5) getting free medical care in accordance with the established standards of its provision in cases of reactions and complications associated with the performance of the donor function; 6) compensation for harm caused to his life or health in connection with the performance of the donor function; 7) measures of social support established by the named federal law, normative legal acts subjects of the Russian Federation, municipal legal acts.

5. On the basis of Part 3 of Art. 12 of the Law on Donation, in order to perform the donor function, a donor must: 1) present a passport or other identification document; 2) provide information known to him about the transferred infectious diseases, being in contact with infectious patients, staying in territories where there is a threat of the emergence and (or) spread of mass infectious diseases or epidemics, about the use drugs, psychotropic substances, on work with harmful and (or) dangerous working conditions, as well as vaccinations and surgical interventions performed within a year before the date of donation of blood and (or) its components; 3) undergo a medical examination, which is free of charge for him and carried out before donation. Information about the donor's personal data is not subject to disclosure to the recipient, just as the recipient's personal data is not subject to disclosure to the donor (the recipient - individual, which medical indications transfusion (transfusion) of donor blood and (or) its components is required or performed).

A donor who has deliberately concealed or distorted information about the state of health known to him in the performance of a donor function shall be liable under the legislation of the Russian Federation if such actions have caused or could have caused harm to the life or health of recipients (part 4 of article 12 of the Law on Donation ).

Donors who donate blood for a fee are subject to the rights and obligations of donors established by the Law on Donation, with the exception of the rights provided for by the said Federal Law only for donors who donate blood and (or) its components free of charge (part 5 of article 12 of the Law about donation).

6. A donor with an autologous transfusion (transfusion) of donor blood and (or) its components is not subject to social support measures provided to a donor who donated blood and (or) its components free of charge (see part 6 of article 12, article 22 of the Law about donation).

A donor who has donated blood and (or) its components free of charge is provided with the following measures of social support.

On the day of donating blood and (or) its components, a donor who has donated blood and (or) its components free of charge is provided with free food at the expense of an organization engaged in the procurement of donor blood and its components. Establishing the diet of such a donor is within the authority of the authorities state power subjects of the Russian Federation in the field of circulation of donated blood and (or) its components (see Part 1, Article 10, Part 1, Article 22 of the Law on Donation).

Judicial practice under Article 186 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Determination N 8-KG15-27, Judicial Collegium for Civil Cases, cassation

  The procedure for paying for rest days granted to an employee in connection with the donation of blood and its components is determined by Part 5 of Article 186 of the Labor Code of the Russian Federation and provides for the employee to retain his average earnings for the days of blood donation and the rest days provided in connection with this ...

• Decision of the Supreme Court: Determination N VAS-104/14, Supreme Arbitration Court, supervision

  The list of amounts not subject to insurance premiums is determined by Article 9 of Law No. 212-FZ. According to the provisions of Article 186 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code), an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary...

• Decision of the Supreme Court: Determination N VAC-6428/13, Supreme Arbitration Court, supervision

  According to Article 186 of the Labor Code of the Russian Federation, an employee is released from work on the day of donating blood and its components, after each day of donating blood and its components, the employee is given an additional day of rest, while the employee retains the average salary ...

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