In what cases is leave without saving granted. Leave at own expense (unpaid leave)

Life dictates different circumstances, not always combined with the work schedule and schedule. If a person needs to be present for some time not at work, but in another place, the employer can help him by providing leave without pay, if this does not contradict the interests of the case. And sometimes the employer is simply obliged to let his ward go for a few days.

In the legislation, provisions on unpaid leave are found only in Art. 128 of the Labor Code of the Russian Federation, therefore, managers and lawyers have to deal with the subtleties, nuances and related documentation, regulating them by local acts.

Leave without pay (SFP) - "what do they eat it with"?

Synonyms for this are unpaid leave”, “at own expense” and “administrative leave”. All these terms denote the free days allowed to the employee at his request, for which payment is not charged. These days are not related to the main annual leave, additional paid, weekends and holidays.

REFERENCE! All types of vacation are prescribed separately in the Labor Code, which means that they do not affect each other. Even if the employee has already left for the annual and due to him additional leave, no one has the right to prevent him from asking for days at his own expense and obtaining permission, if this is the will of the employer or the prescribed legislative norm.

Benefits of administrative leave related to employment:

  • preservation of the employee's workplace (you cannot be dismissed from such a vacation, with the exception of the liquidation of the enterprise);
  • exclusion of the period of administrative leave from the calculation of the average monthly salary (the amount does not decrease due to an additional non-working period);
  • the vacationer remains entitled to tax benefits for these periods;
  • leave without WFP does not affect the calculation financial assistance by the birth of a child.

Cons of this vacation:

  • the absence of any payment for these days;
  • illness during this vacation does not give the right to pay sick leave;
  • being out of work does not go into retirement experience, because contributions to the Pension Fund do not go during the period of absence of wages;
  • such leave does not count towards probation if taken during its passage.

NOTE! If an employee was released at his own expense for a total of more than 2 weeks per year, then his “working” year will shift by the number of days exceeding 14, that is, these days will not be included in the length of service (Article 121 of the Labor Code of the Russian Federation).

Is the employer obliged or entitled?

The manager has the right to decide whether the employee's vacation will affect the work of the enterprise and whether he can allow it. But there are a number of reasons enshrined in the Labor Code when the opinion of the employer on this matter is not taken into account.

Leave cannot be denied

The law regulates situations when refusal to leave without pay for up to 5 days is unlawful:

  • the appearance of a newborn in the family;
  • the wedding of the employee himself;
  • death of loved ones.

ATTENTION! On the last point: the law does not define the circle of close people whose death may become a mandatory reason for a vacation without SFP. Their list can be fixed in additional documents or in each case remain at the discretion of the employer.

Events that may lead to mandatory administrative leave are not connected in any way: an employee has the right to leave work for 5 calendar days, even if these events happened one after another, and even more than once. The employer cannot refuse him.

Who else will be released?

In addition to the unconditional reasons for vacation, there are socially protected categories of workers who cannot be said "no" in response to a request for "unpaid" vacation. These include:

  • employees who have reached retirement age (may take additional days off up to 2 weeks during the year);
  • parents and widows-widowers of military personnel (up to 14 days);
  • military spouses (have the right to extend their regular leave until the end of the spouse's leave);
  • disabled (up to 2 months);
  • students on the job (for entrance exams, intermediate certification of full-time students, defense of diplomas).

The employer will release at any time and for any reason (for a period of up to 14 calendar days) if he is asked by those mentioned in the collective agreement:

  • father-mother of two or more children, if the children are under 14;
  • caring for a disabled person under the age of 18;
  • single mother;
  • father or other person in whose care a child without a mother (up to 14 years of age).

Might as well not let go

All other reasons for leave without FFP are evaluated by the authorities for their respectfulness. Theoretically, an employee can ask to be released for any reason and for any period, but it is up to the manager to decide whether to meet him halfway.

INFORMATION! AT collective agreement, local acts, agreements, reasons can be given that in a given organization will give the right to temporary freedom.

If the manager did not consider it possible to agree to the request of the employee, then unauthorized departure on administrative leave is regarded as absenteeism, and the culprit may well receive a reprimand upon his return and even be fired.

NOTE! Not necessarily, but the boss has the right to demand from the employee a document certifying the reason given in the application. If the requirement was voiced, and the document was not provided after leaving the vacation, then the time the employee was absent from work may be considered absenteeism.

Voluntarily and nothing else

Force an employee to take unpaid leave in order to save on due payments for simple, the employer has no right. If a Labour Inspectorate establishes this fact (for example, upon a complaint from an employee), a fine for a company can amount to 30-50 thousand rubles, and for a manager - 1000-5000 rubles.

We follow the procedure

Registration of holidays without SFP is in many ways similar to the protocol for ordinary holidays, but has a number of nuances.

  1. Unpaid vacation days are not included in the schedule and are not reflected in it.
  2. An employee cannot be recalled from this type of leave.
  3. Exit from the administrative leave before the stated deadline is discussed with the employer on an individual basis.

What about replacement?

There are times when an employee asks for a long unpaid leave, the employer agrees and invites him to his position temporary worker on fixed-term contract. If the vacationer wants to return to the service earlier than the scheduled time, what should be done with the "conscript"?

It is necessary to study the employment contract concluded with the latter. If it indicates a specific event as termination, namely the exit of the main employee, then the conscript will be fired. If a certain date is indicated in the contract, then the hasty vacationer will have to wait.

The procedure for applying for a vacation without SFP

  1. An employee's application for a vacation at his own expense (must contain the start date, duration and reason or preferential basis).
  2. Resolution of the authorities (if the reason is not unconditional, and the author of the application does not belong to preferential categories).
  3. Issuance and signing of an order to grant this leave (form No. T-6).
  4. The signature of the employee is that he is familiar with this order.
  5. Reflection of information in a personal card.

Vacation timesheet without SFP

In the time sheet, unemployed employees free days are coded by a combination of letters or numbers with a code (one option is selected). The table shows the generally accepted codes for types of holidays without FFP.

Sample application letter for unpaid leave

FILES

General Director of Vilena LLC
Vikulova E.P. accountant Nikolaev M.S.

STATEMENT

I ask you to grant me a vacation without saving wages for 10 calendar days from September 12, 2015 to September 22, 2015 in connection with their own marriage.

08/18/2015. Nikolaev M.S. (signature)

Chief Accountant
Vilena LLC No objection (signature) Petrenko N.L.
CEO
LLC "Vilena" No objection (signature) Vikulova E.P.

NOTE! According to this application, 5 days of unpaid leave will be granted to the employee unconditionally, and another 5 days, which he asks for, at the discretion of the employer (there are no objections in the above example).

Most citizens spend almost a third of their time at work, fulfilling the tasks assigned to them by the contract. labor obligations. But work is not the whole life. A certain part of ordinary life is occupied by the family. Sometimes family problems can come to the fore and require an urgent solution, which often happens in working time. Because of this, a person may need to free himself from work.

By law, there is unpaid leave for such emergencies. However, it is worth remembering that the employer does not always meet the needs of his employee. Unfortunately, some applications for the provision of such rest time remain unconsidered, or for some reason the employee is denied satisfaction of his request. Is it possible to fight this?

general information

Chapter 19 of the Labor Code is completely devoted to the procedure for granting such days off.

According to the norms of Russian legislation, there is only 1 sign that combines all types of exemption from performance official duties: for any such periods of rest, the employee retains his workplace for the entire period of refusal to carry out labor activity.

In all other respects, ordinary holidays and days off provided to employees at their own expense have significant differences. For example, recent times rest is not payable, is not included in the vacation schedule.

At the same time, to establish such a rest time, it is also not necessary to take into account the length of service of such an employee in the organization. If the employer agrees with such a statement, he can release the employee for the weekend even on the first day of his work.

Consequently, weekends without pay can be considered not as a time of rest, but as a social guarantee.

In general, they can be divided into two separate types:

  1. The employee has the right to receive such a guarantee at will, without obtaining the consent of the employer (that is, the opinion of the boss does not affect the possibility of receiving such unpaid days).
  2. The employee is granted leave on an optional basis. That is, the employer independently decides on the possibility or impossibility of providing the citizen with such unplanned rest time.

In both of the above cases, the basis for granting rest time without pay will be a statement from the employee. Moreover, such a document must be drawn up at the request of the employee, and not under duress.

Unfortunately, companies that have financial difficulties quite often force their employees to go on unpaid leave. Such actions are illegal.

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Vacation duration

Mandatory days off without pay, which does not require the consent of the person's immediate supervisor - the maximum duration of such rest time is determined by the norms that established such a possibility.

By law, an employee has the right to receive the entire vacation as a whole, as well as to divide it into parts. The latter right arises only in cases where the provision of such social guarantee not associated with specific periods of time.

If in order to receive leave without saving wages, a person needs to obtain consent from his immediate supervisor, then the duration of such rest time is determined by agreement of the parties. According to the legislation, the total duration of such a period of time is not limited in any way.

Attention! Municipal employees cannot be on such leave for more than 1 year.

According to the norms of Russian legislation, the employee has the right to leave the rest at any time convenient for him. All you need to do is notify your direct employer of your decision.

Who can get unpaid leave

If an employee needs to take vacation days for a longer or shorter period than that provided for at the level of labor legislation, he must agree on this fact with his immediate employer.

At the legislative level, a list of situations is defined in which the boss is obliged to put his employee on vacation without saving his wages for the missed period. You can count on receiving such a social guarantee:

  1. Participants of the Second World War, for whom a vacation of 35 days is due.
  2. Pensioners who have received such status upon reaching a certain age by law, but continue to exercise labor activity- up to 2 weeks within 1 year.
  3. Parents and spouses of military personnel who died in the line of duty receive an additional leave of 2 weeks.
  4. can also count on unpaid vacation days for 60 days a year.
  5. Employees, at the birth of a child, marriage registration in the registry office or the death of a close relative, can also rest for 5 days.
  6. Employees entering university entrance examinations may take 15 days of unpaid leave.
  7. Employees who not only work at the enterprise, but also study at a university, can take up to 15 days of leave to take exams. To prepare a diploma, students are given a break from work for 4 months, for delivery thesis- 10 month.
  8. Members of election commissions may also receive unpaid days for the duration of their official duties.
  9. In other cases provided for by federal regulations.

How to get leave with the permission of the employer

Citizens who do not fall into the category of beneficiaries can count on receiving additional leave without pay, only if there are special family circumstances and other reasons recognized as valid.

Substantiation of the reason why a person needs a temporary exemption from the execution of the tasks assigned to him employment contract responsibilities must be included in the application. Moreover, the employer independently decides whether the reason is valid or not.

If, based on the results of the verification of the application, the supervisor decides that the reason for obtaining such vacation days disrespectful, he has the right to refuse the employee to satisfy his request.

As a rule, bosses recognize the following reasons as valid:

  1. A man accompanies his child to school on the first of September.
  2. A man sends his child to Kid `s camp to rest.
  3. The citizen takes part in various scientific conferences.
  4. An employee is graduating from a university.
  5. The employee needs to relocate.
  6. The death of a relative who is not related to relatives.
  7. A citizen's son goes to the army.

As a rule, citizens have questions about the procedure for obtaining leave for family reasons. It is believed that the receipt of such days of rest is not limited in any way. That is, if the employer allows, then his employee can go on vacation for 2 months or more.

However, Article 128 states that in this situation, the employer has the right to let his employee go on vacation only for 5 days. Therefore, the duration of the time off provided must include all days of a funeral, marriage or other event in the family.

The division of such leave into separate parts is not provided.

Questions about providing leave at your own expense for family events

Vacation without pay

In general, the entire procedure for issuing vacation days without pay is divided into several separate stages:

  1. The employee applies. This document - required condition to take a vacation at your own expense. This document must necessarily reflect information on exactly why the employee needs to receive such vacation days, the dates of the end and start of the vacation, as well as its total duration.
    His direct employer can express his consent to the provision of such vacation days by affixing the appropriate visa on the received application.
  2. After that, the employer issues an order to grant such additional unpaid leave. To compile this document, a special form established by the decree is used, however, the head has the right to use his own design samples.
  3. An employee who plans to go on vacation must definitely familiarize himself with the order, since it is this document that is a solid confirmation that the boss has allowed the provision of such rest time.
  4. Further personnel worker enters information about the vacation in the employee's personal card. It is not required to acquaint the citizen with such records, they are necessary only for personnel officers and the management of the enterprise.

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What happens if an employee goes on vacation without permission?


The consequences that a citizen who decides to arbitrarily leave for unpaid days off can receive directly depend on the specific circumstances of the situation.

Situation 1

The person decided to arbitrarily go on vacation without paying a monetary allowance, without submitting a corresponding application. Moreover, in this case it does not matter whether the employer was notified of such a decision of the employee orally or did not know about it at all.

In such a situation, even if a citizen has the opportunity to receive unpaid leave, defined at the level of federal legislation, the employer still holds such an employee liable. In particular, according to the law, such an employee may be dismissed.

Situation 2

If a person has submitted an appropriate application for granting him unpaid vacation days, and, without waiting for a decision from his immediate employer, did not go to work, because he considered that he was already on such an unplanned weekend. In this case, his boss has the right to decide the issue based on whether the person had an unconditional right to receive this type of social guarantee.

  1. If the employee did not have such a right, the employer can fire him for absenteeism. Moreover, the judicial authorities adhere to the same position, so if a person decides to appeal the dismissal order, he is unlikely to achieve a positive decision.
  2. If the employee had the right to receive such rest time, then the decision of the employer to dismiss such an employee would be unlawful. Such an order can be appealed in court, since the judicial authorities recognize the right of the beneficiary to independently determine the start date of his rest time, as well as its duration.

The provision of such additional rest time is quite fully regulated within the framework of labor legislation. Those questions that are poorly covered by laws can be answered from judicial practice.

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After considering the issue, we came to the following conclusion:
The employer has the right, at the request of the employee, to provide him with any duration. The employee's application must indicate good reasons for granting such leave.

Rationale for the conclusion:
Granting unpaid leave to employees is regulated by Art. 128 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). Part two of this article establishes the obligation of the employer, on the basis of a written application of the employee, to provide such leave to certain categories of employees or any other employees upon the occurrence of the life circumstances specified in the article. The annual duration of unpaid leave in these cases is limited.
In addition, in accordance with the first part of Art. 128 of the Labor Code of the Russian Federation, on the basis of a written application by the employee, the employer has the right (but is not obliged) to provide any employee with unpaid leave for family reasons and other valid reasons. The duration of such leave is determined by agreement between the employee and the employer and is not limited by law.
Note that the provision of leave without pay is regulated not only by the Labor Code of the Russian Federation - special laws may establish additional restrictions in this area. So, for example, leave without pay for a civil servant cannot exceed one year (part 15 of article 46 federal law dated July 27, 2004 N 79-FZ "On the state civil service Russian Federation"). For employees who are not civil servants, the maximum duration of unpaid leave is not limited.
Thus, if an employee requests to be granted leave without pay, the term of which will be more than one year, the employer has the right to grant him such leave. This does not entail any sanctions for the employer. The employee's application must indicate good reasons for granting such leave.
It should be noted that, in accordance with the first part of Art. 121 of the Labor Code of the Russian Federation, the length of service giving the right to the annual basic paid leave includes a period of leave without pay, lasting no more than 14 calendar days during the working year.

Prepared answer:
Legal Consulting Service Expert GARANT
Erin Pavel

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Zolotykh Maxim

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

You are in the section Leave without pay, which belongs to the section .

The employee has the right to count on an additional break in work, if there are good reasons for that.

Rest time is not paid and does not affect the duration and procedure for granting regular annual leave. They call such a period among workers - vacation at their own expense, which means without saving earnings.

What is the correct name for a holiday at your own expense?

Additional unpaid vacation is popular among employees, it is different from the next main one. Annual leave is provided strictly according to the schedule, changing its time frame is a rather complicated procedure.

In the event of a need for days off during non-vacation time, employees enjoy the right to receive leave without pay, in accordance with the Labor Code of the Russian Federation.

Among the staff are several wordings for this period:

  • at your own expense;
  • unpaid;
  • no content;
  • administrative;
  • without pay.

Sometimes they even combine several items, for example, "without wages."

By labor law the correct name would be without pay«.

This is how this period should be called in documents -,.

Other wording is allowed only in oral communication., they are not applicable in the documents, since their definition is not in labor laws.

What does unpaid mean?

This means that the employee in this time period does not receive any Money: no holiday pay, no pay.

In the time sheet for such days, separate ones are provided.

Article 128 of the Labor Code determines which categories of workers are eligible to take leave at their own expense.

In addition, it contains an important wording that unpaid leave can also be granted in other cases provided for labor code, collective agreement and federal laws.

In particular, unpaid additional leave may be granted on the basis of articles 173 - 176 of the Labor Code of the Russian Federation, he is called.

Is it possible to take days off without pay at the request of the employee?

Administrative leave at the employee's own expense has the right to take. However, whether the employer will provide it depends on the request. For example, according to the Labor Code of the Russian Federation, every year they can count on 14 extra days at your own expense. The employer has no right to refuse.

AT without fail a vacation of 5 days is also granted in case of such serious events as marriage, birth of a daughter or son, death of a neighbor. Employees can take time off without pay on their own initiative disabled people, their number per year can reach 60 days.

For study vacation period without pay depends on the type of training, its form and a number of other factors.

In other cases taking time off at your own expense is possible with the consent of the employer, which analyzes the reason in the worker statement. If she is respectful, and the employer does not mind, then the leave is issued.

The main thing in providing unpaid days off at one's own expense is the presence of the employee's personal initiative.

Is rest without maintenance provided at the initiative of the employer?

The Labor Code of the Russian Federation clearly defines that time off without pay is provided only at the initiative of the employee. The employer cannot send employee on unpaid leave.

Important! The main document on the basis of which the order is drawn up is the statement of the employee, voluntarily written on his own initiative.

That is, the worker personally expresses a desire to rest, indicates the reason, and then receives approval or refusal from the management.

If , forcing the employee to write an application for unpaid leave, then it's illegal. An employee can complain in such a situation to the labor inspectorate.

If an employer needs to suspend an employee temporarily from work and not pay him wages, he can go in two ways:

  1. Reach an agreement with the employee, that he will voluntarily write an application for time off at his own expense.
  2. Checkout downtime a break in work or in any other legally accessible way.

How many unpaid days can be issued?

additional unpaid leave can be any. Exist specific values ​​for individual bases, it is also indicated in Article 128 of the Labor Code of the Russian Federation. However, by agreement with management, these deadlines may be extended.

Can I take it at my own expense?

In fact, no law prohibits the establishment any duration for holidays without pay - weeks, months or even years. The main thing is the personal desire of the employee and the consent of the employer.

Can management refuse?

Employer may refuse in providing time off at their own expense, but only if the basis is not spelled out in the Labor Code of the Russian Federation, collective agreement or federal law.

Cannot be denied for specified reasons., weekends are available at any time upon written request.

conclusions

A vacation period without pay is a time of rest that allows an employee to solve personal matters without resorting to the use of annual leave. During this period, the employee does not receive wages, but solves his problems and saves the main rest for the future.


An employer can persuade an employee to write an application for such a vacation, citing the fact that “the company has such a difficult financial situation, but we are not firing you!” This is called forced leave. Very often dishonest employers hide behind such a "vacation" is simple. In Art. 157 of the Labor Code of the Russian Federation says that downtime due to the fault of the employer is paid in the amount of 2/3 of the average salary of this employee. Administrative leave is not paid. That is, the employer saves his money. If the employer insists and sends his employee on unpaid leave at the initiative of the employer, his actions can be regarded as a violation of labor laws. Responsibility for such violations is provided for in Art. 5. 27 of the Code of Administrative Offenses of the Russian Federation.

Leave without pay in the account of vacation pay

Labor Code, other federal laws or a collective agreement, an employee’s application for granting him unpaid leave is not necessary for the employer, who has the right to satisfy the employee’s request or refuse to satisfy it. If the employee's request is satisfied, the duration of the vacation is determined by agreement of the parties.

Article 128 of the Labor Code of the Russian Federation does not contain any restrictions on this matter. Leave without pay may be granted at any time.

10. A public civil servant, upon his written application, may be granted leave without pay for a period of not more than one year for family reasons and other valid reasons, as well as in other cases provided for by federal laws (clause 15, article 46 of the Federal Law of 27 July 2004

Leave without pay

Labor Code of the Russian Federation) Pension certificate Employees who are parents and spouses of military personnel, employees of internal affairs bodies, the federal fire service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system who died / died as a result of injury / concussion / injury received in the line of duty official duties, or due to a disease associated with the service Required 14 calendar days a year (Article 128 of the Labor Code of the Russian Federation) - death certificate; - birth / marriage certificate; - a document confirming that death occurred due to injury / concussion / injury received in the performance of official duties Employees who are admitted to entrance examinations to universities Required 15 calendar days (Article 173 of the Labor Code of the Russian Federation) Certificate-call (approved.

The positive aspects of such a vacation include:

  • Free time for the employee for his own affairs;
  • Opportunity to work;
  • The opportunity to relax and do your hobby;
  • During such leave, the place of work is retained;
  • The employee does not reduce the average earnings, which is necessary for the calculation of various benefits and payments, since this period is excluded from the calculation of average earnings;
  • This period is included in the calculation of payments for pregnancy and childbirth;
  • The employee does not lose the right to use tax deductions.

But vacations at their own expense have more negative aspects. It:

  • Lack of income;
  • If an employee exceeds 14 calendar days per year during such leave, then the start date of his calendar year will “shift” by the number of days in excess.

    This is stated in Art.

Calculation of compensation if there was a leave without pay

Paid and unpaid vacations of an employee for the period of work in the organization No. Calendar year Unpaid vacations during a calendar year Paid vacations during a calendar year Start date End date Number of days Start date End date Number of days 1 2012 01.10. 2012 11/04/2012 35 08/06/2012 08/15/2012 10 2 2013 05/27/2013 06/30/2013 35 02/18/2013 03/03/2013 14 dismissal for own will June 30, 2013 (that is, the date of dismissal fell on the last day of vacation at his own expense). At the time of dismissal, the employee worked in the company for 1 year 3 months 19 days. Related articles: Let's determine the number of days of annual leave due to the employee for the period of work in the organization.

Article 128 of the Labor Code of the Russian Federation. leave without pay

Federal Law No. 76-FZ dated 27.05.1998) - marriage certificate; - certificate from the place of service of the spouse-serviceman on the duration of his vacation Employees who are veterans of hostilities Required 35 calendar days a year (clause 11 clause 1 art. 16 of the Federal Law of 12.01.1995 No. 5-FZ) Certificate of a combat veteran By the way, the employer is also obliged to provide leave at his own expense under the Labor Code of the Russian Federation to employees who are participants in the Second World War. The maximum duration of his leave is 35 calendar days per year (Art.
128

TC RF). True, due to their age, it is unlikely that the participants in the Second World War are still working. Unpaid leave at the initiative of the employer The employer has the right to prescribe in the collective agreement or LNA other cases that are not provided for by law and do not contradict it, when employees will be granted unpaid leave.

Six questions about unpaid leave

Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368) Employees who are students of preparatory departments of universities in order to pass the final certification Employees who combine study with work and study full-time in state-accredited bachelor's / specialist's / master's programs Required - 15 calendar days in academic year - for passing intermediate certification; - 4 months - for preparing and defending graduation qualifying work and passing the final state exams; - 1 month - for passing the final state exams (Article 173 of the Labor Code of the Russian Federation) Employees who were admitted to entrance exams in educational establishments middle vocational education Required 10 calendar days (art.

Unpaid leave

Leave without pay is synonymous with the concept of "administrative" leave or "vacation at one's own expense". Such leave is regulated by Art. 128 of the Labor Code of the Russian Federation. The law spells out only a few cases when leave at one's own expense is provided for a certain number of days.

Attention

This article also indicates the reasons that are a priori valid. Such a leave is given to an employee from his written application and if good reason. In addition to these 3 reasons, the question of the "degree of respect" will be decided by the employer himself.


There are also categories of workers who are granted unpaid leave, regardless of whether they have reasons for it. At the written request of such employees, the employer is obliged to provide them with leave for a certain number of days.
Holidays at your own expense have their pros and cons. This must be taken into account.

Important

Labor Code of the Russian Federation) Birth certificate Employees who marry Marriage certificate Employees whose close relative has died Death certificate as at the time of writing the relevant application, the employee is unlikely to have supporting documents, he can submit them after the vacation2.

Leave for the above circumstances, the employer must provide for each of these circumstances. For example, if in one year an employee had both a joyful event (for example, a wedding) and a sad one (the death of a relative), in total, the employee should be given 10 calendar days of vacation.3.

Vacation pay without pay

It makes sense for the employer to register in the local normative act(LNA) a list of relatives falling under the concept of relatives in connection with the death of which the employee will be granted leave at his own expense. Moreover, the employer does not have the right to reduce the list of close relatives specified in Art.
14 of the Family Code, but has the right to expand it. Employees with disabilities Mandatory 60 calendar days a year (Article 128 of the Labor Code of the Russian Federation) Certificate of disability (Appendix No. 1 to the Order of the Ministry of Health and Social Development of Russia dated November 24, 2010 No. 1031n) Employees who are pensioners by age Mandatory 14 calendar days a year (Article .
If the enterprises are large, and the document flow is also large, then the application must be written in 2 copies and submitted to the secretary. The application is registered properly, and on one copy, which remains with the employee, the number of the incoming document and the date of registration of the application are put.

The order is prepared on the official letterhead of the employer. If there is no such form, then you must specify all the information about the employer:

  • Its full name according to founding documents, indicating the legal form;
  • Legal address and location address, if different;
  • Contact details.

Then comes the "body" of the order, in which you must specify:

  • Name and position of the applicant;
  • period of leave;
  • Reason for this leave.

The employee must put his signature on the order.

Compensation for unpaid leave

The Labor Code of the Russian Federation indicates 3 reasons that are valid, and in the presence of which the employer must allocate 5 days of leave to the employee without pay. It:

  • Death of a close relative;
  • Own marriage registration;
  • Birth of a child.

Administrative leave, as well as the main one, in 2018 is measured in calendar days.

In Art. 128 of the Labor Code of the Russian Federation says that "vacation at his own expense" is provided to the employee upon his written application. That is, the employer provides leave without pay at the initiative of the employee, and its duration is achieved by agreement of the parties. The agreement of the parties must be in writing, that is, it is enough to indicate the duration of the leave in the application. For example, "I ask you to grant me leave without pay for a period of 7 calendar days for the reason ....".