Sometimes people have circumstances that take too much time. And this means that a person cannot pay due attention to his labor duties. To avoid being fired, he has to write an application for leave at his own expense. But how is a vacation without pay according to the Labor Code of the Russian Federation? Who can count on him?

According to the Law, leave without pay is a type of leave, which is mentioned in Art. 128 TK. As a rule, such leave is provided at the request of the employee himself, who needs a few free days. However, the legislation lists cases when an employer is obliged to provide such leave to its employees, even if they do not ask for it.

What are the types of unpaid leave?

Domestic legislation divides unpaid leave into two types:

1. At the initiative of the worker. In this case, the employee must write a statement expressing a request for leave without pay. In a person there is - to indicate the reason for going on vacation or not. And the head of the company also has a choice: he has the full legal right not to provide such leave. And it will not be possible to appeal against the decision of the employer, since the legislation does not define the criteria for determining the level of “necessity” for leave without pay.
2. Guaranteed by law. The Labor Code of the Russian Federation provides for cases in which the employer is obliged to provide his employee with additional time off. Certain groups of workers can count on such a right.

Groups of persons for whom unpaid leave is guaranteed

The employer does not have the right to refuse to grant leave without saving pay for the following groups of employees:

1. persons who had to participate in the Great Patriotic War - lasts 35 days;
2. employees who have reached retirement age - lasts 14 days;
3. close relatives of persons who died in the line of military duty, military or wounded - lasts 14 days;
4. persons who are going to tie the knot - lasts 5 days;
5. persons in whom someone has died - lasts 5 days;
6. persons in whose family a child has appeared - lasts 5 days;
7. employees who have certain health problems - lasts 60 days;
8. employees who study at higher educational institutions and must pass a session - lasts from 15 days to 4 months (if the student must defend his diploma);
9. college students - lasts from 10 days to 2 months;
10. persons who work in several companies, if the vacation is not at the main place of work lasts less than at the main enterprise.

In all of the above cases, the manager cannot refuse to provide unpaid leave. If the director of the enterprise nevertheless decided to violate the law, then this gives the employee the right not to go to work. In the case of litigation, the judge takes the position of an employee.

Unpaid leave: how to arrange it correctly?

If a specialist wishes to receive leave without pay, he must first write an application asking for such leave. In the application, the employee must indicate:

1. your full name;
2. reason for granting leave (this item is optional, the specialist himself decides whether to report the reason for the day off or not);
3. duration of unpaid leave;
4. a reference to legislation, if the reason for the vacation is indicated in the Labor Code.

In a situation where additional days of rest are provided at the initiative of the director of the company, the employee does not need to indicate the reason for the leave. It is enough to write “personal circumstances” in the application.

When the manager receives the application, he is obliged to consider it and report his decision. In the case of a positive answer, the visa "I agree" is put on the application form.

The next step is to draw up an order to grant unpaid leave. Such an order is issued on the usual T-6 form.

The order for the provision of additional time off contains the following data:

1. date and assigned document number;
2. Name of the employee, his position;
3. the number of days or hours for unpaid leave;
4. director's signature.

Even if the employee already knows about the positive decision of the manager, he is not allowed not to go to work until such time as an order for his vacation is drawn up. A visa application is not a holiday permit. From a legal point of view, the manager can fine such a specialist.

The last step is to make certain entries in the personal card. It is filled in by personnel officers, indicating the date of the day off, its duration and the number of the order, which is considered as the basis for granting unpaid leave.

How are vacations counted?

The list of duties of the head includes counting the days that each of his employees used as time off. On the basis of such accounting, the length of service is calculated. If the duration of unpaid leave does not reach 14 days, then this period is included in the length of service. Otherwise, the duration of the working year increases.

The limit on unpaid leave depends on the type of company:

• in commercial companies there is no limit on the duration of the vacation, if the director does not object to time off;
• in state or municipal institutions, the duration of leave does not exceed 12 months.

Accounting for time off makes it possible to calculate the size of the average daily income.

What guarantees are there for an employee on unpaid leave?

If the employee has issued time off, then at this time the employer is prohibited from firing him. This rule is guaranteed by Art. 81 TK. Dismissal is possible only when the company is liquidated.

And if we talk about sick leave, then the manager has every right not to pay sick leave if an employee falls ill during a vacation without pay. But if a person loses his ability to work or is injured, then you still have to pay sick leave benefits.

Women who went on maternity leave while on unpaid leave can also count on benefits for pregnancy and childbirth. The period of time off is interrupted on the day when the vacation begins, associated with pregnancy.

Can an employer insist on time off?

There are times when managers try to push their subordinates to take unpaid leave. But is this legal? This leave is granted only after the employee writes an appropriate application.

Insisting on days off is a gross violation of labor standards, for which fines are assigned. The amount of the fine depends on the type of company:

1. for individual entrepreneurs, the amount of the fine, as a rule, is 1-5 thousand rubles;
2. for law firms, the fine varies from 30,000 to 50,000 rubles.

Instead of a monetary penalty, the company's leaders can expect a stoppage of work activities for a period of up to 3 months.

Labor relations between an employer and a subordinate provide for the registration of not only an annual or additional, but also unpaid leave. What are the nuances of it? What to do if the initiative to provide comes from the employer and is not always legal? We will answer questions like this.

Normative base

The main document is the Labor Code of the Russian Federation and its:

• Art. 121 - vacation experience;
• Art. 125 - employee feedback;
• Art. 128 - features of rest;
• Art. 263 - additional days of rest.

What the law says

According to the Labor Code, unpaid leave- this is a vacation provided to an employee for a certain number of days without a paycheck. The need for it arises when the main one has already been used or the waiting period for it is long. Conventionally, it is divided into two types:

1. Voluntary - provided at the request of the employee, but a good reason is required. The basis is written.
2. Forced - the initiator is the management. The procedure for registration is prescribed in the collective agreement.

Employee guarantees are as follows:

• preservation of the workplace (exception - liquidation of the enterprise);
• the average salary remains at the same level;
• the necessary contributions to the budgets and off-budget funds continue.

Providing features:

• the unspent part is not carried over to the next period;
• in case of illness of an employee, temporary disability benefits are not allowed;
• cannot be extended for periods of illness or holidays.

Rest at your own expense with the filing of an employee

Sometimes a person has a situation where you urgently need to step back from work for a while. Then he writes an application for the provision of consecutive unpaid time off. The head gives consent if he considers the reason valid. Duration leave at own expense at the initiative of the employee determined by agreement. But it usually lasts no more than a week.

• military veterans - up to 35 days;
• old-age pensioners working - up to 14 days;
• the spouse of an employee (employee) who died as a result of service in state paramilitary structures, etc.

Rest at one's own expense is mandatory at the birth of a child, marriage registration or other cases stipulated by the collective agreement. The main condition is the availability of documentary evidence (certificate, certificate), which is allowed to be presented upon return from vacation. The duration of such additional rest is 5 days.

Important: labor legislation does not decipher the concept of "close relatives". According to the Family Code, they include parents, grandparents, grandchildren, children, direct brothers and sisters. In order to avoid disagreements in the future, it is better for the employer to indicate in advance a list of such persons in their internal documents.

Rest at your own expense with the filing of the employer

Managers have the right to provide their subordinates with additional rest not provided for by law. An important feature: all conditions are prescribed in the collective agreement. Reasons for registration unpaid leave at the initiative of the employer may be different. For example:

• the employee has two or more children under the age of 14;
• the employee is engaged in labor activity in dangerous or unfavorable conditions;
• a single mother/father is raising a minor child.

But financial insolvency does not justify such actions, since there is no concept of “forced time off” in the legislation. The current situation is an entrepreneurial risk that should not affect employees.

When an employer forces you to go on unpaid holidays, there is a direct violation of the Constitution and the Labor Code of the Russian Federation.

How to issue

Preparation of documentation for leave without pay personnel specialists are engaged in taking into account the current requirements of the legislation. The sequence of actions resembles the design scheme for an annual holiday and looks like this.

Stage 1

Employee writes application for unpaid leave with an indication of the reason and a reference to the article of legislation justifying the decision. And when the rest has already been granted with the consent of the head, it is enough to write the phrase in the document - “for family reasons” (without specification). Mandatory presence of the date, signature, name of the organization and other standard information.

The completed one will look something like this:

Below is an example of a completed sample.

The document comes into force only after signing by an authorized person. If an employee leaves the workplace immediately after submitting the application (even with the consent of the management), there will be a violation of labor discipline. He may be subject to disciplinary action.

Keep in mind: You don't need to make any changes to your schedule!

Stage 3

Designations are introduced into the timesheet depending on the features of the provision leave without pay. All valuable information is presented in the table.

Important Features

Used vacation at own expense are taken into account in the length of service, which further gives the right to an annual paid vacation. However, a period exceeding 14 days for the current year is not taken into account (Article 121 of the Labor Code of the Russian Federation).

EXAMPLE 1
If an employee completes 18 days, then 14 of them will affect the vacation period, and the remaining 4 will not.

Some employees may take unpaid leave simultaneously for two or more legal grounds. They depend on the nature and duration of its provision.

EXAMPLE 2
The employee is the spouse of a serviceman and at the same time has a disability. She has the right to receive a vacation of a longer duration - 60 days. And in the event of the death of a close relative - plus another 5 days. As a result, the total duration of the rest will be 65 days.

Sending an employee to leave at own expense at the initiative of the employer due to operational necessity, is often regarded as an attempt to hide downtime. Moreover, the presence of the consent of the employee usually has no effect.

Duration accounting

Employers are required to record the number of days unpaid leave provided to employees without pay. It is necessary to comply with this requirement for the correct determination of important indicators:

• work experience;
• average salary;
• billing period.

Only actual hours worked are taken into account.

EXAMPLE
Printing designer Belov began working at NGS. Technologies” March 1, 2016 During the year he took unpaid leave for 25 days. From what moment can he go to the annual?

Determine the end date of the billing period. The duration of the rest was 11 days more (25 - 14) than indicated in Art. 121 of the Labor Code of the Russian Federation. This means that for him the working year began on March 1, 2016 and will end on March 11, 2017. Belov will be able to go on annual basic leave from March 12, 2017.

The employer forces you to rest at your own expense: what to do?

Sometimes the company forces you to file application for unpaid leave threatening to be fired. This approach is illegal, so the subordinate can report the incident to the control and supervisory structures. If violations are detected, the management is brought to administrative responsibility. Punishments:

• fine from 1000 to 5000 rubles. - on officials;
• from 1000 to 5000 rubles. - merchants will give to the treasury;
• 30,000 - 50,000 rubles. - for legal entities.

Remember: in the event of downtime through no fault of the employee, the organization is obliged to pay for this time in the amount of 2/3 of the accrued salary. Otherwise, the dispute with the authorities can be resolved through the commission on labor protection.

Any leader needs to be prepared for the fact that employees may have unplanned situations and they will have to leave their working hours for a while, so he should familiarize himself with such a concept as unpaid leave in advance. It is also called leave at one's own expense, time off or leave without pay.

In our country, employees are guaranteed the right to rest, which is realized through a system of regular paid holidays. As a rule, its duration does not exceed 28 days. Legislators have established additional paid leave for some categories of professions. And in cases where it is not possible to use them, you can resort to unpaid leave.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The Labor Code of the Russian Federation provides for cases in which the head of the company cannot refuse to sign the relevant application if the employee has declared the need for unpaid leave, but there are cases when the refusal to provide it would be lawful.

Only one article of the Labor Code, namely, 128th, is devoted to vacation at one's own expense. Therefore, in practice there are many difficulties in its application. The most popular of them will be discussed below.

Definition according to the Law

The definition of leave at one's own expense is given in the Labor Code of the Russian Federation. So, unpaid leave is the rest time of an employee, during which he is not paid the average salary.

If an employee needs time off, then he, in accordance with the requirements of Part 1 of Art. 128 of the Labor Code of the Russian Federation, must submit to the manager an application for unpaid leave for a certain time.

As a basis, he must indicate family circumstances or other reasons that must be valid. At the same time, what is a good reason is not spelled out in the legislation. This implies the conclusion that the head of the company must independently decide whether these reasons are valid and whether they can become the basis for granting unpaid leave.

The advantage of unpaid leave is that the employee retains his position, the length of service is not interrupted, and the average earnings also remain unchanged. The employee has the right to interrupt it and go to work earlier than the date indicated in the application. In this case, the remaining part of the time off can be used in the current year, it cannot be used the next year.

If during the period of unpaid leave a citizen falls ill, then he is not paid. In addition, its period does not increase if public holidays with legal days off fall on this period.

Local regulations

Companies can adopt their own internal documents regulating the relationship between the management and employees of the company. The only requirement for them is compliance with Russian labor legislation. Such documents are called local regulations.

In these acts, the management of legal entities may provide for categories of employees who are granted unpaid leave, and cases not specified in federal laws.

For example, in order to comply with Art. 263 of the Labor Code of the Russian Federation, it must be taken into account that the following categories of citizens should be granted time off without payment of wages for a period not exceeding two weeks:

• citizens who have two or more children under the age of 14;
• citizens who have a child with a disability, regardless of the group under 18;
• citizens who are single parents of children under 14 years of age.

Such parents can choose when it is more convenient for them to take the said leave. They can increase the next calendar vacation for its duration, or they can use it separately, and the legislation does not prohibit its division into several parts. The only restriction is the impossibility of transferring it to the next year.

Unscrupulous employers need to remember that the courts make decisions on such cases based on the provisions of the Labor Code of the Russian Federation. Therefore, in order to avoid fines and additional costs in the form of legal costs, it is better for them to let those who wish to go on unpaid leave prescribed in the collective agreement or.

At the request of the employer

Labor legislation allows employees to go on unpaid leave only if they have applications. The management of companies, having decided in this way to reduce their costs, must remember that their initiative will be legal if it is spelled out in a local regulation or a collective agreement. Moreover, these documents indicate only those reasons for the provision of unpaid leave, which are provided for by federal law.

Citizens, for their part, should know that the only reason for taking time off without saving pay is a handwritten application. This is stated in Art. 128 of the Labor Code of the Russian Federation. In addition, there are clarifications of the Ministry of Labor on this subject No. 6 dated 06/27/1996, which indicate that there are no lawful unpaid involuntary leaves by decision of a legal entity.

Based on the above norms, an employee of the company, whose management decided to use their administrative resources and forced him to go on unpaid leave, can apply to the labor inspectorate, court or prosecutor's office.

With one hundred percent probability, this decision will be recognized as illegal and unscrupulous companies that send their employees on unpaid time off will pay both the saved wages and the fines awarded.

Employee initiative

As has been repeatedly stated, all unpaid leave should be provided only at the initiative of the employee, but in agreement with the manager. That is, the director of the company, considering the application of a subordinate, evaluates the reasons given and puts an appropriate resolution on the application.

In Art. 128 of the Labor Code of the Russian Federation only says that the reasons for unpaid time off must be valid. There are no criteria by which they can be recognized as valid.

It should also be noted that the employee is not at all obliged to indicate in the application the reason for the need for time off. However, in such a situation, he must be prepared to fail. If the head did not sign the application, then the citizen cannot miss a working day.

In case of disobedience, he may be subjected to, the extreme degree of which is dismissal. Often, employees turn to the court, which makes a decision based on specific circumstances.

In this regard, the established arbitration practice in this matter is ambiguous. The legislation considers that citizens do not take unpaid leave just like that, because they lose significant amounts in wages.

The head of the company is obliged to provide unpaid leave to the following categories of employees:

At the same time, there is no clear definition of close relatives in Russian laws. If we turn to the Family Code, it states that spouses and their children are recognized as a family (Article 2 of the IC of the Russian Federation), and close relatives are children and parents, grandparents, brothers and sisters, grandchildren (Article 14 of the IC of the Russian Federation) .

Thus, if an employee asks for a day off for the funeral of the listed persons, then the refusal of the management is considered unlawful, and if other relatives, the director may decide at his discretion.

The categories of employees who are entitled to additional unpaid rest are determined not only in Art. 128 of the Labor Code of the Russian Federation. They can be specified in other articles and Federal laws. For example, articles 173 and 174 of the Labor Code of the Russian Federation guarantee citizens who combine work with education,.

The federal laws of the Russian Federation establish that the following citizens cannot be denied unpaid leave:

• state and municipal employees for up to a year;
• spouses of military personnel for the required period;
• citizens with the title of heroes of labor, heroes of the USSR, heroes of the Russian Federation, holders of the Order of Glory - 21 a year;
• combat veterans - up to 35 days a year;
• trusted representatives of the participants in the state elections for the required period.

Certain categories of employees

Working pensioners

Quite a large number of citizens who have reached retirement age continue their labor activity. At the same time, pensioners are guaranteed all the rights provided for by labor legislation. In particular, age cannot be a reason for refusing employment.

They also have some advantages over other employees. For example, upon dismissal, they cannot be required to work for a two-week period, and during the year they can take additional unpaid leave.

Providing unpaid leave is the responsibility of the employer. The length of the period depends on the category of pensioner. If he receives an old-age pension, then he is entitled to 14 additional days.

If the pensioner has a disability, then - 60 days. And if he is a veteran, then he can take 35 days of unpaid leave.

Veterans

The Government of the Russian Federation provides a number of benefits to veterans. In particular, they are on the basis of Federal Law No. 5-FZ of 12.01.1995. may apply for additional leave at their own expense for up to 35 days.

It is provided on the basis of a personal application with a copy of the military veteran's certificate attached to it. It is not required to provide evidence that he has a valid reason for absence.

If an employee has several privileged categories at the same time, which are entitled to unpaid leave, then these periods cannot be summed up. For example, an employee of the company is a veteran and at the same time has a disability. In this case, he is entitled to 35 days off as a veteran and 60 days as a disabled person. He must decide for himself which benefit he will use.

For child care

The legislation allows citizens of the Russian Federation to use maternity leave until the child reaches the age of three. After this date, the employee must return to work, otherwise his absence will be considered as absenteeism, and he may be fired.

However, in the collective agreement, the employer may prescribe additional grounds for granting unpaid leave. Article 263 of the Labor Code of the Russian Federation allows you to include in it additional leave to care for a child until he reaches 14 years of age for up to two weeks.

Also, when drawing up internal local acts, it must be borne in mind that industry agreements may apply in the field of activity of the company, giving the right to employees for additional days at their own expense.

In addition, the employee and the manager can agree on the provision of time off for any period with the preservation of the workplace.

For CEO

The general director of the company is the same employee of the company, therefore, all the norms of labor legislation apply to him. Therefore, if there is a good reason, he can go on unpaid leave. At the same time, it can be long-term, but not indefinite, i.e. when writing an application for unpaid leave, the director must indicate the period of absence.

If necessary, it can be extended, and the number of additional applications is not limited.

When the general director goes on unpaid leave, the person to whom his powers will be transferred must be determined. Otherwise, all transactions accepted during the absence of the director may be declared invalid.

If the director is the only employee, then during his vacation the activities of the company are suspended for the same reason.

Duration and maximum terms

The Labor Code of the Russian Federation does not contain restrictions on the maximum period of unpaid leave. Therefore, the manager and the employee can agree on any term that suits them both. However, for some categories of citizens, federal laws set limits on the duration of vacation. We are talking about municipal and state employees who can take unpaid leave for a maximum of a year.

Legal entities must ensure that the time off of their employees is taken into account. This is necessary to take into account the total length of service that gives the right to receive, as well as to correctly calculate the amount of average earnings.

To record the duration of the employee's time off, a time sheet is used. This is a document in which, by means of codes, it is indicated that the employee did not go to work that day and for what reason.

The procedure for registration of unpaid leave

Employee Statement

The procedure for the correct registration of unpaid leave provides that the employee must first write a statement. There is no fixed format for this document. It is written in free form, where the article of the Labor Code of the Russian Federation or the number of the Federal Law should be indicated, as well as the reason why the employee asks for time off.

Below is an example of such a statement:

Head of "Hotel" LLC

Shishkin I.P.

From senior manager

Kolesova O.V.

Statement

In connection with the birth of a son on March 27, 2017. I ask on the basis of Art. 128 of the Labor Code of the Russian Federation to provide me with unpaid leave from 03/28/2017. for a period of 5 days.

Signature ________________ Signature transcript ____________

Form and sample order

The required order details are:

• its number and date;
• position and surname, name, patronymic of the employee in respect of whom the order is issued;
• vacation duration;
• leader's signature.

A sample order is shown below:

OOO "Hotel"

Order on granting leave to employee No. 5

In connection with the birth of a child, on the basis of a statement from senior manager Kolesov O.V. I order to grant him unpaid leave for a period of 5 days from 03/28/2017. up to 04/01/2017 inclusive.

General Director Shishkin I.P.

Kolesov O.V. was familiarized with the order.

The employee does not have the right to leave his workplace before signing the order. After that, personnel officers fill out a personal card, into which information from the signed order is transferred, as well as its number and date.

Display in 1C 8.3

If the company uses the 1C ZUP 8.3 program, then it can reflect unpaid leave for each employee. For this, the document "Vacation" is used. This electronic document is used to reflect all types of vacations, on its basis, if necessary, you can calculate the amount of vacation pay and create correspondence accounts.

In order to enter information about unpaid leave, you must open the "Additional Leave" tab. Using the "Add" button, select the required type of unpaid leave from the list and enter the data. If there are several vacations, then it is possible to reflect them all in one document.

Based on this document, you can print a unified order form and sign it with the head.

Additional rest at own expense

Unpaid leave is not allowed for all employees, but only for those persons who are specified in the Labor Code of the Russian Federation, Federal Laws of the Russian Federation and local regulations. If there are good reasons, the manager can provide time off, but they are intended to solve the employee's problems. If he wants to get additional rest, then, most likely, the head will refuse. This is what annual leave is for.

Additional rest at their own expense can be taken only by certain categories of citizens, and this right must be confirmed by an appropriate certificate. For example, a certificate of the birth of a child, if the employee takes a day off for this reason, or a pension certificate, if he is entitled to time off due to the fact that he is a pensioner.

And in no case should the company be the initiator of such a vacation, because. in our country, forcing citizens to write applications for unpaid leave is considered an offense, the punishment for which is the payment of a fine.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the site.
• All cases are very individual and depend on many factors. Basic information does not guarantee the solution of your specific problems.

What vacation without payments can you expect in 2018?

The right to unpaid leave for personal reasons is enshrined in labor legislation.

The law does not always favor the worker. Some employers deliberately evade the performance of established duties, which leads to violation of the employee's rights and penalties for the organization. How to manage vacation days, and how many times you can take rest periods, read on.

Unpaid leave according to the Labor Code of the Russian Federation

In the Labor Code of the Russian Federation, this concept is interpreted as the rest of an employee for several days without a monetary subsidy. Conventionally, these days off are divided into 2 categories:

• voluntary leave is granted at the initiative of the employee, but only for a good reason from the written application of the employee;
• a compulsory period without maintenance is drawn up in the manner of a collective agreement at the initiative of the employer.

Regardless of the type, the employee retains the previously established rights:

• the workplace cannot be occupied;
• wages remain the same;
• deductions to budgetary and non-budgetary organizations are retained.

Unused days are not carried over to the next period, and if you fall ill during the time off, the sick leave is not paid

Unpaid leave at the initiative of the employee

In situations where a person needs to be removed from work for a while, it is enough to write a statement indicating a good reason and evidence. The duration of time off without pay is determined by agreement with the management.

The reason for such refusal may be any of the following:

• dissatisfaction with the reasons given for leave;
• lack of labor for the period of time off;
• insufficient grounds for a long break from production, and so on.

In some cases, the employer has the right to refuse unpaid leave

Employers do not have the right not to release the following categories of citizens on time off:

• war veterans;
• employees of retirement age;
• invalids.

Also, refusal is not possible in case of death of close relatives, due to pregnancy, childbirth, etc. There is no direct reference in the laws to the definition of the concept of “close relatives”, but based on legal practice, all relatives in the first and second lines fall into this category. In order to avoid misunderstanding, it is recommended that the employer indicate the complete list in the internal documents of the organization.

Unpaid leave at the initiative of the employer

The employer does not have the right to force a subordinate to write an application for leave without pay, even if the organization is at the stage of bankruptcy.

Note!

Payments to employees in case of downtime at work through no fault of theirs amount to ⅔ of the total salary.

Working pensioners

Unpaid leave for pensioners employed in an organization is laid down for a period of 14 to 60 days, depending on additional circumstances:

• working pensioners have the right to apply for up to 14 days;
• if a pensioner has a disability group, then he is entitled to an additional period of time off up to 60 days;
• for retired veterans, leave can be up to 35 days.

Veterans

As stated above, military veterans are allowed to take 35-day vacation at their own expense, but if there are additional benefits, it is not allowed to add up the days.

For example, 35 days as a veteran and 60 days as a disabled person cannot be taken as a 95-day vacation at your own expense. The employee must choose one of the benefits.

For child care

Unpaid parental leave is allowed for a period of up to 2 weeks for a child under 14 years of age. Also, the employee’s workplace can be retained on the basis of internal local acts of the company and agreements between the employee and management on the right to time off.

Vacation while studying

Unpaid study leave is granted in accordance with Art. 173 of the Labor Code of the Russian Federation, in the following cases:

• 15 days - for employees admitted to entrance exams;
• 15 days - final certification of students (or employees) of universities;
• 15 calendar days for intermediate certification of employees who are trained under accreditation in combination with work;
• 4 months to defend the final work;
• 1 month to pass the final exams.

For CEO

For this category of citizens, there are the same privileges as for ordinary workers. The maximum period of unpaid leave is not established by law, but an indefinite separation from work is not allowed.

The number of additional applications for any employee is not limited

If the general director goes on vacation without pay, his powers must be transferred to a certain person, which allows him to legally sign and conclude contracts on behalf of the company's management. In the case when the director is the only employee, the activities of the company during his unpaid leave are suspended.

Registration of unpaid leave

Before writing a statement, you should study the collective agreement and find out for what period vacation days are laid down by law.

Non-paid days are not summed up with the paid ones according to the schedule, are not taken into account in case of illness and cannot be extended due to holidays and weekends

In order not to break the law and not go on vacation without the consent of the director, which is fraught with dismissal, the following rules should be observed:

• the document for time off is written by hand or on a computer with a signature and certification written by the employee;
• the application should indicate the reason for leaving work for a period of time and attach evidence of the fact - a medical report, a death certificate, an oral statement of the problem, etc.;
• in the absence of a reason, the director has the right to refuse the application, but only if the employee does not belong to the category of veterans, pensioners, university students and parents of a minor child;
• if you were refused and violated the rights under the Labor Code of the Russian Federation, then you should file a claim with the higher management, as well as get advice from competent lawyers.

Application for unpaid leave

Based on the application, an order is prepared that contains the start and end dates for the period of time off. It is transferred to the personnel department, after which the information is entered into the employee's payroll.

Sample

Some application requirements:

• the document should not have corrections;
• it is drawn up on a blank sheet of A4 paper;
• for filing on the left side, a margin of 3 cm is left;
• the header of the application includes the full name. manager, position and details of the applicant;
• the main part of the document contains the dates of rest, the reason for the appeal and the type of vacation (paid / at one's own expense);
• date, signature and transcript.

Summary

Unpaid vacation days are most often provided for family reasons. According to the legislation of the Russian Federation, a period of time off at one's own expense exceeding 14 days is not included in the length of service for calculating annual paid leave.

If the employer takes the initiative and offers / forces to write an application for leave without pay, then his actions fall under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, unless otherwise provided by the collective agreement, or payments in the amount of ⅔ of the employee's salary were provided. For other issues of labor agreements, vacations, time off and payments, you can get advice from our lawyers by phone or on the company's website.