Leave without pay is unpaid leave granted to employees for good reasons (Article 76 of the Labor Code). Holidays without saving wages often referred to as supplementary because they are provided in addition to annual paid leave. Such holidays are granted for various reasons and have different purposes. During unpaid leave, the employee retains his/her place of work (position). This means that during the vacation period he cannot be dismissed at the initiative of the administration (except in cases of complete liquidation of the organization) or transferred to another job. Unpaid leave is usually divided into those that: a) the administration is obliged to provide at the request of the employee; b) are given at the discretion of the administration (i.e., the employee may be denied such leave). AT recent times Another type of leave appeared: "forced leave" without pay due to the deterioration of the financial and economic situation of enterprises. All cases when, at the request of an employee, they are obliged to provide him without pay, are listed in laws and other regulatory legal acts. At the same time, the maximum duration of such holidays is also indicated. So, at the request of the employee must provide unpaid leave: women - to care for a child until they reach the age of 3 years (Article 167 of the Labor Code). establishes that this leave can be used not only by the mother, but also by the father of the child, grandmother, grandfather or other relatives who actually care for the child. Moreover, part of the leave can be used by one relative, part - by another, etc.; women with two or more children under the age of 12 - up to 2 weeks a year. This leave is granted to women in agreement with the administration during the period when they allow working conditions. It can be timed to coincide with annual leave or used separately in whole or in parts. This leave cannot be carried over to the next year. The procedure and conditions for granting this leave also apply to men raising children without a mother, as well as to guardians (custodians) of minors (Article 1721 of the Labor Code); it is provided to employees - Heroes Soviet Union, Heroes Russian Federation, full cavaliers of the Order of Glory, Heroes of Socialist Labor and full cavaliers of the Order of Labor Glory - up to 3 weeks a year at a time convenient for them; employees admitted to entrance examinations to higher and secondary specialized educational institutions - by 15 and 10, respectively calendar days, as well as employees studying on the job at preparatory departments at higher educational institutions , for final exams - for 15 calendar days; employees working in the regions of the Far North and areas equated to them - for the time of travel to the place of use of the vacation and back once every 2 years; employees who are old-age pensioners or disabled people of groups I and II - up to 2 months a year; veterans of war and labor, veterans of military operations on the territory of other states, including disabled people - from 2 weeks to 1 month a year; employees in case of illness - for 3 days during the year. without pay for up to 3 days a year is provided upon personal application of the employee without presenting medical documents proving the fact of the disease; in other cases specified in the legislation. Laws and other regulatory legal acts provide for a number of grounds when the administration can, but is not obliged to, at the request of the employee, grant unpaid leave. So, for example, a long leave without pay for a period of not more than 1 year can be granted to civil servants. Article 76 of the Labor Code states that short-term leave without pay can be granted to an employee at his request for family reasons and other valid reasons. Whether the reason is valid - the administration decides. The period of leave is also determined by agreement of the parties. Valid reasons are usually recognized: joining, the funeral of close relatives, seeing off a son to serve in the army, etc. Collective agreements often stipulate the reasons for which workers are granted short-term leave, sometimes the terms of such holidays are also determined. The collective agreement may establish a rule on the mandatory provision of unpaid leave for family reasons at the request of the employee. The duration of such short-term leave, which is referred to in Article 76 of the Labor Code, is not regulated by law. It depends on the ability of production to do without this worker and on the reason why the vacation is needed. In all cases of granting leave without pay, regardless of their purpose and duration, an order (instruction) on leave must be issued. By agreement between the employee and the administration, unpaid leave can be subsequently worked out. The possibility of working off and its expediency, based on the conditions of production, the mode of work, are determined by the administration. The agreement on working off and the terms of working off can be drawn up both when granting leave, and subsequently. Being on leave without pay, he can interrupt it at any time and go to work, warning the administration about it. Recently, it has become a common phenomenon when organizations suspend their work for a sufficiently long period due to lack of Money and material resources and the administration is forced to send employees on unpaid leave in order to prevent mass layoffs and save. The initiative to provide such leave comes from the administration, not from the employees. In such situations, employees are faced with a choice: either dismissal due to the liquidation of the organization, reduction in the number or staff, or unpaid leave. Such "forced leave" without pay is not provided for by labor legislation, and the procedure for their registration in the legislation is not regulated. Therefore, in these cases it is necessary to be guided general rules and, in particular, Article 76 of the Labor Code, which provides that leave without pay is granted at the request of the employee. Therefore, before issuing an order to grant all employees or a group of employees unpaid leave, it is necessary to receive an application from each of them with a request to grant such leave, indicating its period. Thus, the employee expresses his opinion on the provision of unpaid leave for a certain period. After all, according to the law, without the consent of the employee, he cannot be sent on vacation without pay. In order to materially support employees who are on unpaid leave due to the forced temporary cessation of the work of the organization, they may be provided with compensation payments from the State Employment Fund of the Russian Federation allocated by the employment authorities at the location of the organization on a non-refundable or reimbursable basis. Financial resources for compensatory payments are allocated to organizations that are in a difficult financial and economic situation for objective reasons beyond the control of the administration, and are not provided to organizations that are recognized as insolvent in the prescribed manner or in respect of which a decision has been made to appoint external management, sanctions by the authorized body. Terms and conditions and sizes compensation payments established by the Regulations on the procedure and conditions for the provision of compensation payments to employees on leave without pay due to the forced temporary cessation of work of organizations, approved. by order Federal Service employment of the Russian Federation dated March 6, 1995 No. 44. Compensations are paid to employees who are on the staff of the organization and do not receive an old-age (age) pension, including preferential pensions, established by law. Compensation payments can be provided from the first day the employee is on forced leave without pay. The duration of the compensation period for each employee is determined by the administration depending on the amount of funds allocated from the Employment Fund, but should not exceed 4 months (in a row or in the amount of calendar months) during calendar year. In districts and localities where regional wage coefficients are established, compensation payments are calculated taking into account the regional coefficient. Compensation payments are not provided to employees employed on seasonal and temporary jobs, part-time workers, as well as persons working for citizens under agreements (contracts). From the funds allocated to organizations on a non-refundable basis, compensations are paid in the amount of the minimum wage established by federal law. Employment authorities have the right to increase the amount of compensation payments to employees up to 3 times minimum size remuneration, subject to their participation in the work organized by the executive bodies state power (local government) of the territory or the organization itself.

Dictionary of business terms. Akademik.ru. 2001 .

In addition to the basic, workers are entitled to no pay.

Unpaid leave is granted at the initiative of the employee, subject to the approval of the employer. The basis for it must be a good reason recognized as such by the head of the organization.

Art. 128 of the Labor Code of the Russian Federation regulates the legal relationship between the employee and the employer in the field of providing. In this case, much depends on the circumstances that led to the need to suspend the employee's labor activity. At the same time, this article does not contain information about who exactly determines the degree of validity of these reasons.

Since the right to grant additional leave belongs to the employer, the right to assess such circumstances remains with him.

Holidays without pay are divided into 2 categories:

1. provided at the discretion of the head (for family and other valid reasons). The employer may refuse such leave, recognizing the reason indicated by the employee as insufficiently valid.
2. holidays for certain categories of citizens. The employer does not have the right to refuse to provide them, since the right to leave these citizens is enshrined at the legislative level.

Apart from Labor Code, the procedure for granting administrative leave without pay can be regulated by collective agreements between employers and their employees. In this case, the provisions of the Labor Code of the Russian Federation can only be changed in the direction of improvement. As a rule, such agreements provide for the right to receive additional unpaid leave for the following categories of employees:

• parents of two or more children under the age of 14;
• parents of minor children with disabilities;
• single parents of children under 14 years of age.

In addition, an employee who is on such leave has the right to interrupt it and begin to fulfill his official duties by notifying the employer.

Who is entitled to mandatory leave?

The Labor Code contains a list of certain categories of citizens whose right to receive leave without pay is provided for by law.

1. . They can take the whole vacation or break it into several parts;
2. Working disabled people. We are talking about disability in principle, regardless of category;
3. Participants of the Second World War and veterans of other military operations;
4. Spouses of military personnel whose death occurred in the performance of their official duties;
5. Working students on a full-time study program, as well as employees entering higher education institutions.

In addition to the Labor Code, there are other documents that determine those who are entitled to the mandatory provision of additional leave:

• Federal Law No. 5 guarantees such a right to the Heroes of Socialist Labor;
• Law No. 4301-1 - To the Heroes of the Soviet Union or Russia;
• Law No. 5 - residents of besieged Leningrad;
• Federal Law No. 76 -.

Also some federal laws provide for the right to provide additional leave for part-time employees, students, residents of the Far North and other areas equated to it.

Can an employer refuse to grant administrative leave?

The Labor Code says that each employee can apply to the name of the head .

Unpaid leave at the initiative of the employee is granted to him on a contractual basis, that is, with the consent of the employer. Its main purpose is to solve various kinds of family problems that occurred before the period of paid leave. Its main advantage is the impossibility of dismissing an employee who is on vacation.

Among good reasons for allowing the employee to go on vacation, you can celebrate weddings and anniversaries of relatives, seeing off a son to the army, sending children to sanatoriums and children's camps, etc.

The law of the Russian Federation does not contain a specific list of reasons recognized as valid, therefore, it is up to the employer to assess the degree of need for additional leave. However, such reasons can be specified in the local acts of the organization and the collective labor agreement.

Circumstances that are recognized as valid by all leaders are: marriage, the birth of children and the death of close relatives.

To receive leave for one of the above reasons for up to 5 days, the employee must write an application and provide an appropriate certificate from the authorities state registration.

If the head of the organization considers the reason indicated in the application to be insufficiently valid or the absence of the employee, in his opinion, will adversely affect the activities of the enterprise, he may not let him go on vacation. And this act will be absolutely legal, because labor rights employee is not violated.

Seniority and administrative leave

The period of an employee's stay on unpaid administrative leave is not taken into account when determining it for the billing period. The duration of the leave and the reasons for obtaining it in this case do not play any role.

Federal Law No. 157 states that leave without pay for up to two calendar weeks is included in, which secures his right to basic paid leave. Accordingly, if the employee was on leave without pay for more than two weeks, then the remaining days of rest are not included in the continuous experience.

Registration procedure

1. The procedure for issuing administrative leave begins with the employee writing an application and submitting it for consideration to the head of the organization.
2. It must contain the desired date of the leave to be granted, as well as a good reason for taking it.
3. Documentary evidence, if any, must be attached to the application.
4. After considering the application, the employer expresses its attitude towards it.
5. In case of consent, an order is issued for leave in the form T-6. This document must contain the full name of the employee, the reason and duration of the vacation.
6. After familiarizing the employee with it, a corresponding mark is made in the form of his personal signature.

Important: the last day of vacation is the date indicated in the employee’s application and order, i.e., start fulfilling your job duties the employee is due the next day after this date! Features of the provision

The Labor Code of the Russian Federation defines only the minimum duration of unpaid leave.

The maximum duration is determined by the head of the organization independently in each specific case or on the basis of internal regulations of the enterprise. This statement is true only for workers who do not belong to special categories of citizens.

For those employees whose right to receive additional leave is enshrined in law, he also determined its maximum duration. For example, for WWII veterans it is 35 days, and for working pensioners - 14 days.

If the duration of their vacation exceeds the value determined by law or 14 days (for other employees), then the “extra” days are not included in the continuous work experience. In this case, one nuance must be taken into account: in this case, the annual paid vacation is shifted by the number of “extra” vacation days.

Thus, after an administrative absence of up to 14 days, an employee can go on paid leave, if this is provided for by the schedule. But if additional leave exceeded 2 weeks by several days, then the employee will need to work those same days and only after that he will be able to go on the main paid vacation.

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. Also in this article are the reasons that are valid a priori.
Such leave is given to the employee with his written application and if there is a 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. 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 have a decrease in average earnings, which is necessary for calculating 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. 121 of the Labor Code of the Russian Federation;
• If an employee falls ill during such a vacation, then the sick leave will not be paid to him;
• The time spent on such a vacation is not included in the length of service, which is necessary for calculating pensions. Since wages are not paid for this period, no contributions to the Pension Fund are made. Therefore, the pension "does not grow".

Maximum term

The law does not specify a maximum period of unpaid leave. Its duration is limited by the employer's ability to release this employee for one or another period, and find a replacement for him for this time.
But do not forget that in addition to the Labor Code of the Russian Federation, there are other federal laws that regulate the work of certain categories of workers.
So, for example, in part 15 of Art. 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation” and Part 6 of Art. 21 of the Federal Law of 02. 03. 2007 No. 25-FZ “On Municipal Service in the Russian Federation” states that a civil or municipal employee can take a vacation at his own expense for a period of not more than 1 year.

In Art. 128 of the Labor Code of the Russian Federation states that the following categories of employees are entitled to administrative leave without explanation:

• Participants and veterans of the Second World War - up to 35 days in progress;
• Old-age pensioners who continue to work - up to 14 days a year;
• Disabled people who work - up to 60 days a year;
• Other employees who are provided for by the Federal Law and local acts.

In a collective agreement or in a local act on the enterprise, the employer may allocate more employees to whom he will be obliged to provide such leave without giving reasons. For example, women with children under 14.
Also in Art. 128 of the Labor Code of the Russian Federation, there are 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 vacation in the application. For example, "I ask you to grant me leave without pay for a period of 7 calendar days for the reason ....".

Therefore, by agreement of the parties, an employee may be granted leave without pay for more than 14 calendar days. But in Art. 121 of the Labor Code of the Russian Federation states that if the employee's total unpaid leave during the working year exceeds 14 calendar days, then the start date of his working year is shifted by the number of such days. And the date of the beginning of the working year is necessary to provide annual leave and calculation of vacation pay.

Leave without pay at the initiative of the employer

In Art. 128 of the Labor Code of the Russian Federation says that leave "at one's own expense" is possible only at the initiative of the employee and at his written request. At the initiative of the employer, such leave is not possible. The employer does not have the right to send his employee on administrative leave. This is a violation of labor laws.

However, in practice, things are somewhat different. 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.
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. To bring the employer to such responsibility, it is necessary to write a statement to labor inspection at the location of the employer, to the prosecutor's office or to the court. However, the employee is required to provide evidence of forced leave at the initiative of the employer.

As practice shows, it is almost impossible to hold the employer liable on such grounds. An employer can only be attracted if there is evidence that the idle time at the enterprise is the fault of the management. That is, the management cannot provide its employees with work and sends them on “forced” leave.
The fault of the employer may include:

• Lack of funding;
• Changes in market conditions;
• Price change;
• Failure by contractors to fulfill their obligations;
• Other business risks for which the employer is responsible.

These grounds are listed in Art. 401 of the Civil Code of the Russian Federation. If there is no evidence that the employer has taken all measures to prevent downtime, it will be almost impossible to find him guilty. Measures include, for example, sending letters to the counterparty with requests to pay bills.

Leave without pay

In Art. 128 of the Labor Code of the Russian Federation states that administrative leave is granted upon a written application from an employee. It is written in the name of the employer. It should contain the following information:

• In the upper right corner, you must specify information about the employer and the applicant:
  • The position of the representative of the employer who has the right to sign such applications, and his name. For example: " to CEO LLC "AKBARS" Vasnetsov I.I. ";
  • Position and name of the applicant. For example: “From the accountant Petrova P.P.”;
• Next, in the center, you need to write the word "Statement";
• Then the "body" of the statement. Here you need to indicate the main text, that is, a request to provide "leave without pay." You must specify the number of calendar days. For example, “for 17 calendar days from 10/15/2018 to 11/02/2018. You must provide a reason. For example, "in connection with my own marriage." If the employee is entitled to such leave without giving reasons, then this does not need to be written.
• Then the date of application and the signature of the employee himself.

The application must be endorsed by the head structural unit where the employee works. His signature says so. That he agrees with the period of absence of this employee, and there is someone to replace him.
The application is then signed by the employer. After that, the application is given to the personnel department, where the order is prepared. 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. This indicates that he is familiar with the order. It is familiar, but do not agree. If the employee does not agree, then he put his signature and mark "disagree".

For orders for any vacation, there is unified form No. T-6 and T-6a. Every employer must adhere to this form.

If a citizen cannot go to work due to family or health problems, he can find out what is the maximum vacation period at his own expense under the Labor Code in 2019 and how to write an application for the boss.

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

It's fast and IS FREE!

Annual paid leave must be granted to every worker. However, in some cases it is not enough. This type of vacation is social guarantee for workers.

initial data

Leave at your own expense is carried out:

1. After the employee makes a statement. The employer himself makes the decision and it is not always positive.
2. It does not matter if the citizen went on vacation in the current year.
3. There is no payroll for this period.

The period of leave is set individually in each case.

What it is

Without saving income, additional rest can be provided, which is a kind of social guarantee. The procedure for providing rest is enshrined in Article 128, as well as other articles of the Labor Code of the Russian Federation.

The period of release from labor duties may be different, it is determined by agreement of both parties. To receive leave, the employee must draw up an appropriate application addressed to the head of the organization.

You can leave only after a resolution is signed, in which the director notes that he is not against granting a vacation at his own expense for a certain duration.

There are various grounds for granting leave, some of them are valid, others are not.

So, the boss may refuse to release from work if the employee is going on a tourist trip, or wants to spend time with his family, go to an amusement park and celebrate a child’s birthday.

Who is supposed to

Some citizens are entitled to additional leave in without fail:

Members of election commissions may also receive additional leave. The number of days is determined based on how much time they will be occupied.

In accordance with the Federal Law "On Veterans", the following persons have the right to additional leave:

1. Persons who received a disability during the war.
2. Veterans of any military operations.
3. Persons who received the badge "resident of besieged Leningrad".
4. Citizens who during the great patriotic war carried out labor activity at air defense facilities.

The right to unpaid rest is given to persons who have been issued a sick leave due to a serious health disorder that interferes with the implementation of labor activity..

What regulations govern

The main part of the legal relationship between the employee and the employer is regulated by the labor code.

The provision of unpaid leave is carried out in accordance with the following norms of the Labor Code of the Russian Federation:

Other regulations establishing the procedure for providing additional rest:

Holidays are not included holidays in which guaranteed rest must be provided. If you count these days, then the earnings will be calculated incorrectly.

So, if a person took an unpaid vacation from May 3 to May 10, then May 9 is a state holiday that is not taken into account.

Features of obtaining

An employee can receive additional - unpaid leave only on his own initiative. A statement is drawn up, in which the reason for dismissal from work must be indicated so that the employer can make a decision.

Estimated timeframes are also included. Having received the application, the director of the enterprise reads it, after which he puts his signature and the word “I do not mind” or “I object”.

Terms of Service

If the leave is approved, data on it are entered in a special order in the T6 form, as well as in the employee's personal card and the time sheet for time spent at the workplace.

A citizen can receive a vacation of up to 14 days in accordance with the collective agreement if he:

1. Is the parent of two or more minor children under the age of 14.
2. Raises a child with a disability up to 18 years.
3. Is a single mother, and the child is under 14 years old.
4. Is a single father.

In order to obtain a leave permit, persons who marry or become parents must prepare the relevant documents. Since these documents will not be available at the time of writing the application, they will be provided later.

The duration of the maximum vacation period at your own expense according to the Labor Code of the Russian Federation

The employee may leave own will on unpaid leave, however, the law provides for a certain number of days:

The number of days of rest is indicated in the application. After the expiration of the specified time, the employee is obliged to proceed to the performance of labor duties.

Correctness of filling out the application (sample)

The application is drawn up in free form, by hand, on a sheet of A4 paper. A sample application for a vacation at your own expense is possible.

Compilation algorithm:

1. In the upper right corner, you need the name of the organization, position and full name of the director and compiler. All data is written in the parent case.
2. Then an indent is made and the word “Statement” is written in the middle.
3. The body of the document must indicate good reason for granting leave and the number of days. It is noted that the rest will be issued without maintenance.
4. At the end of the document, a number and a signature are put.

Photo: sample application for leave without pay

Based on the application, the head of the enterprise draws up an order.

Drawing up an order

Having received from the employee an application for leave without pay, the head of the organization may refuse, or permit. In the second case, an order is made. A sample order is available.

The rules for compiling this document are regulated by article 128 of the Labor Code. The grounds for granting leave are family circumstances, marriage, the birth of a child by a male employee.

Photo: sample order for leave without pay

The head of the enterprise indicates the full name of the employee and the name of the structural unit, as well as the position. Then the vacation dates and the number of days are indicated.

Paragraph B states that leave is granted without pay. At the very end of the document, the data is summarized. The name of the director of the organization and the signature are put. The document is provided to the employee against signature for review.

In what cases can an employer refuse

First of all, it is possible to postpone the vacation for another period with the consent of the employee if:

1. Fixed temporary disability, for example, on sick leave.
2. The employee has some state duties.

A complete refusal to provide rest is given if:

1. The departure of an employee may adversely affect the activities of the company, while his desire is not based on the law, that is, the person is not a student, disabled person or veteran.
2. The circumstances stated in the statement are not documented. Not granted access to the session, birth certificate of a child or marriage.

If the application was rejected, but the motives were not explained to the employee, within 30 days he may demand a written refusal indicating the reason.

Is this period included in the length of service?

The length of service includes only 14 days of unpaid leave once a year. If an employee is absent large quantity days, he may lose some time of seniority. During this period of time, the employer does not transfer contributions to the FIU.

The boss himself decides what reasons are valid for the leave, since the law does not contain any instructions on this matter.

In the absence of a decent explanation of why the release from work is necessary, the boss may refuse to leave.

Within two weeks, in case of a positive decision, unpaid leave is granted, while the experience continues to accumulate. This may prove useful for future retirement.

The employer has the right not to provide additional leave in the absence of grounds. To apply for a release from work for a certain period of time, you must write an appropriate application.

Video: how to send an employee on vacation

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

Leave without pay of the Labor Code of the Russian Federation provides in a separate article, which lists the reasons and circumstances when the employer is obliged to provide the employee with unpaid free time and when he can do this at the request of the employee. The article discusses the nuances of such a vacation.

When leave without pay is granted under the Labor Code of the Russian Federation

Leave without pay within the meaning of Art. 128 of the Labor Code of the Russian Federation is provided primarily in connection with the personal circumstances of the employee. Leave must be given if:

• the birth of children;
• marriages;
• death of loved ones.

As for the rest of the employee's personal situations, the employer can give him leave himself, if he deems it necessary.

In addition, the Labor Code of the Russian Federation provides for additional free time:

• for disabled workers;
• working pensioners;
• veterans.

When unpaid leave is granted under other laws

Some federal laws also govern the granting of unpaid leave, such as:

• civilian spouses of the military for joint vacations;
• certain categories of those participating in elections;
• persons with state titles, awards and distinctions.

Other cases in which additional leave must be granted

There are 2 such cases:

• In connection with training (Articles 173 and 174 of the Labor Code of the Russian Federation). In certain cases, the employer is obliged to provide the employee with free time for study, but does not have to pay for it. Then the employee has to arrange vacation at his own expense.
• In addition, additional leave without pay can be requested external part-time worker if the leave at work part-time is shorter than the main one (Article 286 of the Labor Code of the Russian Federation).

Leave periods that the employer must provide

These terms depend on the reasons for the vacation and are indicated in the Labor Code of the Russian Federation or the Federal Law.

The Labor Code of the Russian Federation provides for the following deadlines:

• from 5 to 60 calendar days - according to Art. 128;
• from 10 days to 4 months - according to Art. 173 and 174 (for unpaid study leave);
• the estimated number of days required to comply with the prescribed time of the main vacation (for example, for an external part-time worker).

According to the Federal Law, the terms can be:

• tied to the performance of civic obligations (for example, members of election commissions are granted leave for the period of elections);
• defined specifically (for holders of relevant statuses and titles, such as Hero of Labor);
• established on the basis of the estimated number of days required to comply with the norm of the Federal Law (for example, with the simultaneous vacation of a military man and his wife).

The maximum duration of leave that the employer may grant at his discretion

The duration of such leave is not defined by law. Additional aspects may be regulated employment contracts(individual and collective) and internal regulations of the organization.

Typically, such leave is granted for up to 4 months (maximum according to the Labor Code of the Russian Federation for mandatory). However, this is more of a custom. business turnover than the rule. There is no framework for an agreement between an employee and an employer.

Registration of leave without saving earnings (nuances)

Leave without pay begins to be issued, like all others, with an application. A feature in this case will be that the application must necessarily indicate the reason why the vacation is needed.

If leave at one's own expense is mandatory, supporting documents are attached to the application, for example:

• certificate-call from an educational institution - for educational leave without payment;
• an extract from the order (or a copy of the order) for leave from the main job - to provide extra days with external combination, etc.

If there are no documents yet (for example, a birth or marriage certificate) at the time of the request for leave, they should still be presented to the employer after the leave (when they are ready). Otherwise, the management will have the opportunity to consider vacation days without saving earnings as absenteeism.

Leave in any case is issued by a separate order.

In subsequent calculations of average earnings, vacation days without pay are excluded.

When calculating vacation experience:

• vacation days at your own expense from the 1st to the 14th are included in the calculation;
• days from the 15th onwards are not included

If an employee needed additional leave without pay at the time of passing probationary period(internship), vacation days during the period of probation (internship) are not counted.

The employer can entrust the performance of the duties of an employee who has gone on vacation to another or hire a temporary employee for this purpose.

The employer cannot require the employee to interrupt the vacation at his own expense. But he may refuse to take into account working days for an employee who himself decided to interrupt the vacation before it ends.

Sample application for compulsory leave

Sample applications with examples of filling in for mandatory leave can be downloaded from the website. You will find them here:

Sample application for leave by agreement with the employer

Example

Employee Kovaleva I.K. is the mother of three children of school age. collective agreement the enterprise provides for leave without pay for up to 14 days for employees raising 2 or more children under 14 years of age (Article 263 of the Labor Code of the Russian Federation). According to the schedule, Kovaleva goes on her main vacation from 08/01/2016 to 08/28/2016 and wants to add 5 days to it at her own expense to prepare children for school.

STATEMENT

I ask you to grant me additional leave without pay from 08/29/2016 to 09/02/2016 in connection with the preparation for school of children born in 2004, 2007 and 2009 (based on clause 10.12 of the collective agreement).

Results

Leave without pay is a measure of support for employees in cases where it is not possible to take other types of leave, but free time is necessary. Both employees and employers should be aware of the legal requirements for such leave.