Vacation without pay registration. What is the maximum duration of unpaid leave granted by a commercial organization to its employee? Is it possible to provide such leave for more than a year? Leave order for your s

It is provided:

• at the birth of a child;
• for marriage registration;

• disabled people – up to 60 days;

If the employee does not belong to the listed categories, leave without pay is issued depending on the decision made by the management of the institution. If management believes that the absence of staff at work will negatively affect the functioning of the institution, it has every right to refuse to grant leave.

Leave without pay (2018)

These actions do not violate the labor rights of personnel.

• Full name of the employee;
• reason;

How much vacation can you legally take at your own expense?

In accordance with Article 128 of the Labor Code of the Russian Federation, you have the right to take vacation at your own expense. You can take leave for family reasons and other valid reasons. Your written application is considered the basis for receiving leave. This vacation does not include payment. The employer provides leave without pay based on an agreement with the employee. There are categories of persons who can take clearly established additional leave at their own expense. Thus, WWII participants can receive leave of up to 35 calendar days per year; if we are talking about a working pensioner, then such leave can be 14 days.

How many days of vacation can you take at your own expense?

1. By agreement with the employer, you can take vacation for the number of days you need;
2. The legislation determines that upon the birth of a child, upon marriage, or if a close relative dies, the employer is obliged to issue leave at his own expense for up to five days;
3. Employees of internal affairs bodies, firefighters, employees of the Ministry of Emergency Situations, relatives of military personnel who died in the performance of their official duties can take leave at their own expense for up to 14 days during the year.

Thus, we can say with confidence that the law determines the possibility of taking leave at one’s own request, for good reasons, at any time of the working year. But the vacation period is standardized only for clearly defined categories of citizens. As for those employees who do not fall into these categories, in this case, leave is issued exclusively by agreement of the parties.

Reasons for receiving leave

In principle, the basis may be such an interpretation as “for family reasons.” That is, in principle, you need a good reason to get a vacation at your own expense. In principle, if you have been working at the company for a long time, then the manager can always put yourself in your position and provide you with leave at his own expense. At the same time, you must understand that such leave will subsequently affect the amount of vacation pay (paid), as well as the amount of sick leave payments. So, it is best not to abuse such leave unless absolutely necessary.

An application to the registry office, that is, leave for a wedding, can serve as the basis for issuing leave. There may be a death certificate of a close relative, or a birth certificate of a child.

Leave without pay at the initiative of the employer: legal features

In all of the above cases, the employer is obliged to provide you with leave for from one to five calendar days.

Let us draw your attention to the fact that an employer, on his own initiative, cannot send an employee on leave without pay. But, often, such actions are carried out if the company finds itself in a difficult financial situation. As a rule, the employer asks people to write an application for free leave of their own free will. Although, this action is illegal and punishable by law.

Receiving leave without pay at the initiative of the employee

Leave without pay at the initiative of the employee

In accordance with Article 128 of the Labor Code, each employee, in addition to the main paid leave, may be granted leave without pay (at the initiative of the employee).

It is provided:

• On the initiative of staff in order to solve personal (family) problems. Done by agreement with management.
• At the initiative of the employer when periods of crisis occur in the institution. This situation often occurs in practice, but it must be remembered that management does not have the legal right to oblige staff to take administrative leave without monetary support.

While an employee is on administrative leave, his dismissal is not permitted. An exception is the liquidation of an institution.

It is legislatively established that any employee can take leave without monetary security, indicating in the application a valid reason:

• family circumstances (wedding, funeral, need to send a child to a sanatorium, etc.);
• personal circumstances.

The regulatory framework does not contain a definition of “good reasons”, so an institution can independently establish a list of cases in the event of which leave without monetary security can be granted.

Management is required to approve an application for administrative leave in the following cases:

• at the birth of a child;
• for marriage registration;
• upon the death of a loved one.

In these situations, supporting documentation must be attached to the application. The maximum period for which unpaid leave is granted upon the occurrence of the above events is 5 days. The legislation defines the category of personnel for whom extraordinary leave is mandatory, as well as its duration. This:

• participants of the Great Patriotic War – up to 35 days;
• disabled people – up to 60 days;
• working pensioners - up to 2 weeks (taking into account age);
• family members of military personnel who died in the line of duty - up to 2 weeks;
• students during exams. The length of leave depends on the university;
• other categories of employees whose rights are established by regulations.

If the employee does not belong to the listed categories, leave without pay is issued depending on the decision made by the management of the institution. If management believes that the absence of staff at work will negatively affect the functioning of the institution, it has every right to refuse to grant leave. These actions do not violate the labor rights of personnel.

Leave without pay at the initiative of the employee is granted on the basis of an application, which indicates the period and required number of days of leave, and attaches supporting documents (if any). If a positive decision is made, an order is drawn up in form T-6, which requires indicating:

• Full name of the employee;
• reason;
• start and end date of vacation;
• basis for granting leave.

Information about leave is reflected in the personnel’s personal cards and entered into the working time sheet. Regardless of the duration of the administrative leave, the employee has the right, in agreement with the management of the institution, to return to work earlier than the date specified in the order. In a situation where a vacation was taken at one’s own expense and temporary disability occurred during this period, the institution has the right not to pay sick leave. The exception is sick leave for pregnancy and childbirth. In this case, administrative leave terminates from the date of commencement of maternity leave.

When calculating average earnings, vacation days without cash support are excluded from the calculation period. In a situation where during the year the duration of extraordinary leave was no more than 14 calendar days, this period is included in the continuous length of service.

The right to take annual paid leave is also retained (Federal Law No. 157 dated July 22, 2008). The personnel service of the institution must organize the accounting and promptly inform the staff if the specified number of days is exceeded.

In practice, there are cases when staff abuse their right to apply for extraordinary leave, namely, send an application by mail or other means, after which they are absent from their work place. In this situation, the management of the institution itself needs to decide what to do:

• grant the employee administrative leave;
• register days off. In this case, an Employee Absence from Work Report is drawn up. It is possible to subject him to disciplinary punishment; Repeated abuse may result in dismissal in accordance with the provisions of the Labor Code.

According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the norm. Having started work on a day off, a worker has the right to count on double pay or receive money in a single amount, as for a regular working day, but with the right to take a day off at any time at his own discretion. However, this rule applies with a 100% guarantee only if the overtime is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation. In what cases does an employer have no right to deny a subordinate time off? In the Labor Code of the Russian Federation, there are reasons why an employer is obliged to give an employee time off.

Time off at your own expense according to the labor code

• in case of funeral;
• in case of a wedding event.

Vacation in the above situations is limited to only five days. In other situations, even if the reasons indicated by the citizen in the application seem extremely serious to him, the manager may not agree to provide time off.

There are reasons that influence a manager’s refusal to grant time off, such as:

1. Employee internship;
2. Vacation time;
3. Short work experience;
4. Too frequent registration of additional types of leave;
5. Indispensability of the employee;
6. Violations of discipline rules;
7. Production type need, etc.

Read also: Rules for granting time off for work on weekends and holidays according to the Labor Code of the Russian Federation Other cases of using leave at your own expense It is important to correctly fill out an application for time off.

Time off according to the Labor Code of the Russian Federation

Thus, when working at a particular enterprise, you should be aware of your labor rights so that, if necessary, you can use this to your advantage. Employers often take advantage of the fact that their subordinates do not know their rights.

Attention

This should not be abused either, since many professions require overtime from the very beginning. This is due to the specifics of job responsibilities.

Otherwise, you need to know your rights and apply them as necessary. This is why the Labor Code of the Russian Federation exists.

Time off at your own expense according to the labor code: how to arrange it correctly?

If it is positive, then you will need to go to the HR department with this document, where a specialist will draw up an appropriate order. And only after this can you count on an additional day of rest.
Extenuating circumstances Days without pay are provided to employees only upon agreement of this issue with the head of the enterprise. But what should you do if there is a good reason, but your boss won’t let you leave work? In this case, TC comes to the rescue.

It states that the boss must provide leave without pay in the following cases:

• the birth of a child;
• weddings;
• death of a relative.

In this case, its duration is up to five days. Therefore, in such situations it is necessary to prepare a statement.

Time off at your own expense

If an additional day off is issued in a hurry and was not previously planned, then due to valid reasons for its occurrence and the need for it, the manager can be notified a day in advance. Based on the submitted application, the manager issues an order following the T2 form, which is unified.

Examples of preparing a written application for time off for various reasons. The standard sample looks like this: To the General Director of Leasing Service OJSC, N.A. Ivanov. from the driver Sidorov A. A. Read also: How to write an application for half a day off: basic questions and answers Application I ask you to provide me with time off due to the registration of a marriage relationship on 03/04/2017.

Unpaid leave

Wording for certain types of personal time off requests.

In some cases provided for by law, the boss must grant the employee an unscheduled day off, for example, for carrying out official activities outside of working hours. In addition, some subordinates are entitled to additional unpaid leave.

These include:

• working pensioners;
• war veterans;
• wives and parents of fallen military personnel, law enforcement officers, and fire service personnel;
• disabled people.

You can also take time off at your own expense in the event of official registration of family relationships, the birth of a baby, or the death of loved ones. In all other cases, this issue is resolved directly with the manager.

In this case, you need to draw up an application and indicate in it a valid reason why the person wants to take time off at his own expense.

Weekends at your own expense according to the labor code

In such cases, you can agree in advance with one of your colleagues that he will replace you during this time.

• You can also do most or all of your work in advance (if possible).
• You can agree with your boss that the work for the days you are absent will be completed later.
• If you are asking for time off to go to the doctor or to look after a sick child, then you don’t have to take time off, but simply bring a doctor’s certificate (for example, from a dentist) or a sick leave certificate.

Day off at your own expense Labor Code Pravoved.RU 472 lawyers are now on the site

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Hello! Please tell me, can they deny me a day off at my own expense? I work in a store where the salary comes from hours worked and personal sales.

Time off at your own expense. cases of mandatory submission of time off

Taking into account Article 173 of the Labor Code of the Russian Federation, the law guarantees the provision of appropriate time off without pay during the period of passing exams for admission to educational institutions of up to 15 days. Students of courses, employees who are studying at universities, and other persons are guaranteed leave to complete their thesis. It is important that the possibility of taking these time off options also applies to wives of military personnel during the period of their spouse’s leave, members of the election commission or authorized persons - from the day the election period begins until the end of the election period. If these rules are not followed, the day off may be considered absenteeism.

For failure to show up for work, a citizen can not only be punished with a fine, but also dismissed. A correctly completed application for leave is written to the general director of the enterprise 2 weeks before the date of receipt of the required day off.

Sample application for leave at your own expense: What to do if an employee needs to take time off, but management refuses? A situation where an employer does not take into account the wishes of an employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this related to production needs.

An employee who finds himself in such a situation has three possible scenarios. Option No. 1. The employee agrees with the manager and remains at the workplace to fulfill his duties.

This option is acceptable if the need for leave for one or several days is not urgent, and the situation at the workplace really requires his personal presence at the designated time.

Time off for previously worked time, on account of vacation and its payment

A manager cannot infringe on the rights of his subordinates; for this he will have to suffer appropriate punishment. Even despite the fact that this happens by mutual consent of the parties. Additional information Another example when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, the vacation they are entitled to cannot be converted into a monetary equivalent. When are time off granted? The time off according to the Labor Code of the Russian Federation, which is due for additional duties assigned to an employee or for carrying out work activities during non-working hours, is assigned differently, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, have the right to additional days off attached to their rest time.

People go on vacation at their own expense not only to take a break from routine work, because as we know, in life it is impossible to foresee everything.

Problems at home, the unexpected arrival of relatives, the need to look after a child, threaten our measured and established life, and most importantly, they deprive us of the opportunity to go to work.

If you have a need to take leave without pay, you need to competently and correctly draw up an application for leave at your own expense and submit it to your management.

Vacation without pay: legal subtleties

In regulatory documents, voluntary leave is not a planned phenomenon, but despite this, it can be provided to an employee, either at his own request or by order of the enterprise where he works.

Leave without pay, according to labor law, is considered one of the types of social guarantees. Do not forget that days of “rest from work” will not be included in your work experience, which means that the more days you take at your own expense, the longer you will have to wait for legal paid leave. There is no need to worry about your overall work experience, since unpaid leave is included in it.

How to apply for leave at your own expense?

If you have any difficulties writing an application for leave at your own expense, then below you will find instructions, after reading which you will easily cope with this task.

1. You need to write an application addressed to the head of the organization. At the top of the sheet you need to indicate the position of the manager and his full name, as well as your position and full name.
2. A little lower, in the center of the sheet, the word “statement” is written.
3. Next, write the duration of vacation that you need, indicate the dates and the total number of days. The duration of the vacation, if it is not spontaneous, it is advisable to agree in advance with the authorities.
4. An order or instruction for leave will be signed by the management of the enterprise only after you indicate a truly compelling and objective reason. In the application itself, you can write “for family reasons” as a reason. Remember that the head of the organization does not have the right to demand from you an official document that would confirm the veracity of the reason you specified.
5. According to the law, you have no right to be fired while you are on vacation at your own expense.

Duration of leave without pay

1. Short-term vacation at your own expense. Duration from 1 to 7 days.
2. Long-term vacation at your own expense. Duration of 7 days or more.

What length of leave at their own expense is provided to socially vulnerable segments of society?

The duration of leave at your own expense may vary depending on who exactly it is granted to. According to the law, vacation at your own expense can take the following time frame:

• 14 calendar days annually - for war veterans and persons who have served their Motherland, as well as labor veterans;
• 21 calendar days annually - to persons who have special labor services to the Motherland;
• up to 30 calendar days annually – for disabled people of group III and old-age pensioners;
• up to 60 calendar days annually for disabled people of groups I and II.

The average worker has the right to take vacation at his own expense for a total duration of no more than 15 calendar days per year, immediately or in parts. This means that you have the opportunity to take at your own expense first 5 days, then another 10, so that in total they do not exceed the number of days allowed by labor legislation.

Leave without pay

In the new version of the 1C ZUP 3.1 program, we are trying to introduce leave without pay, but we can’t find it anywhere. Tell me how to enter and what settings are needed for this. Answer:

In editions 3.1 and the old 2.5 of the 1C: Salaries and Personnel Management 8 program, the approach to introducing unpaid leave is implemented differently. So:

Revision 3.1 ZUP:

1). The program settings are being adjusted to make it possible to enter this kind of leave. Flexible configuration makes life much easier for 1C users in the future, because... the ability to enter exactly those documents that are necessary is added, but it must initially be done, and then new changes must be made if this is due to the accounting policy of the organization. To be able to enter unpaid leave, go to: section Settings → Payroll calculation → Setting up the composition of accruals and deductions→ bookmark Vacations→ set a sign Vacations without pay.

2). In the Types of Leave directory, leaves without pay will appear, which can be adjusted to the accounting needs of each specific organization (although in most accounting systems these leaves are used by default):

• Vacation without pay acc.

  What does leave without pay mean?

  from Part 1 of Article 128 of the Labor Code of the Russian Federation - unpaid leave authorized by the employer for any valid reasons

• Vacation without pay acc. from Part 2 of Article 128 of the Labor Code of the Russian Federation - unpaid leave under circumstances corresponding to those described in the legislative norms
• Additional study leave without pay

3). The relevant documents are entered: menu Salary → Vacation → Vacation without pay, where the appropriate type of vacation is selected. To enter this type of calculation for a list of employees in “1C: Salaries and Personnel Management 8 in Rev. 3.1”, use a separate document “Vacation without saving the pay list”.

Revision 2.5 ZUP:

The previous version 2.5 had a different approach in this regard:

1). First, leave is registered in the personnel accounting subsystem: menu Personnel accounting → Accounting for absenteeism → Vacations of organizations or if more convenient through Desktop → bookmark Personnel accounting → Vacations.

2). In the calculation subsystem, a document “Absenteeism in Organizations” is created (can be created directly from a personnel document using the “Analysis of Absenteeism” processing). This document indicates the reason for non-appearance - Vacation at your own expense.

3). When automatically calculating wages, days will be taken into account, taking into account the entered data on unpaid leave.

22.08.2019

Labor legislation (Article 128 of the Labor Code of the Russian Federation) directly prohibits an enterprise from forcibly sending its employees to.

This measure is purely voluntary.

However, this does not exclude situations when the initiative to take time off at their own expense is taken by the company management itself.

Is an employee required to take time off?

When is unpaid leave possible?

Most often, an employer offers its employees to go on unpaid leave due to downtime.

Important! Formally, a temporary suspension of work or the provision of services due to technical, organizational, economic or other problems does not provide grounds for sending personnel on leave without pay.

Downtime does not provide for the absence of people from the workplace, but does imply a reduction in their wages (Article 157 of the Labor Code of the Russian Federation):

• by a third (the average salary is taken for calculation), if the downtime arose due to the fault of management;
• 67% of the “bare” salary is paid if production stopped due to an objective factor, and not due to the fault of the employees and management of the enterprise;
• payments stop completely if there is downtime due to the fault of the employee.

This provision in some cases makes it beneficial for both staff and management to take leave without pay.

Maximum period without pay under the Labor Code

The legislation does not distinguish a special category of leave without pay at the initiative of the employer.

Therefore, sending an employee on unpaid leave is possible if management is able to persuade or force the employee to take time off at his own expense.

The duration of leave without pay will be calculated on a general basis -.

In general, this type of vacation is arranged in such a way that it is as if the worker himself was the initiator.

Procedure for registering days at your own expense

Taking a vacation at your own expense on the initiative of the employer is a gross violation of the law. Therefore, formally the procedure is no different from the actions when granting leave at the request of an employee.

• a fine for an official from 1 to 5 thousand rubles;
• the owner of the individual entrepreneur has the same fine or disqualification for 90 days;
• the organization is fined from 30 to 50 thousand or suspended for up to 90 days;
• in case of repeated violation, financial liability increases and the period of disqualification is extended (from 1 to 3 years).

An employee sent on unpaid leave without his consent receives the right to demand in court the payment of two-thirds of his salary, as it should be in case of downtime due to the fault of management.

Of course, such proceedings will most likely lead to the rapid dismissal of the “rebellious” employee, even if the management of the enterprise changes.

Employer steps

The only legal way out of the situation for the employer is to formalize the downtime with the payment of two-thirds of the salary. Other measures must either be agreed upon with staff or taken at your own risk in violation of the law.

To take days off at your own expense at the initiative of the employer, you should be guided by the following arguments:

1. Indicate a temporary period of crisis.
2. Promise compensation for days off without pay with future bonuses, the opportunity to take annual paid leave in the summer months;
3. Explain that the enterprise will go bankrupt if the staff refuses to go on unpaid leave, and people will still lose their jobs;
4. Describe the positive side of taking leave at your own expense: maintaining a position without the possibility of dismissing an employee, taking into account length of service for up to 14 days, and so on.

In general, the decision to voluntarily take some employees on unpaid leave at the initiative of the employer should be a compromise. Management should understand that this is a certain sacrifice on the part of the staff for the sake of preserving the enterprise. Therefore, such a solution should be encouraged in the future, but in any case it is not advisable to lead to conflict. Then it will be more profitable to arrange a simple one.

There are situations when it is too early for an employee to take a scheduled vacation, but for some reason he needs to receive temporary release from work for a certain period, this is legally enshrined in Art. 128 Labor Code of the Russian Federation.

For such cases, there is leave without pay, unpaid, it is given by the manager to the employee upon provision of a written document about such a need.

An example is a son’s joining the army, an employee’s state educational exams, or even a relative’s anniversary. To do this, you need to know how to correctly formulate an application for leave without pay.

Legislative acts (the Labor Code of the Russian Federation) do not contain an unambiguous and precise list of conditions that make it possible to use this leave, so the company draws up internal regulations.

They indicate the timing and reasons why an employee has the opportunity to exercise the right to take leave for family or personal reasons.

The possibility and timing are determined by agreement between the applicant and the manager, in each situation individually.

A collective agreement may also be drawn up, indicating other reasons, deadlines and a list of employees who can take advantage of the opportunity to go on such leave (for example, parents of young children in single-parent families or mothers and fathers of disabled children).

According to the law, the manager is not authorized to force him to go on leave without pay if the worker does not agree.

A precedent is when workers, due to the employer, are unable to begin their direct duties, then the situation is called idle time.

The legislative documents (Part 1 of Article 157 of the Labor Code of the Russian Federation) stipulate that the period of forced downtime is paid based on wages, but not less than two-thirds of the average wage. Otherwise, this is considered a violation and liability may arise in the form of a warning or fine for the employer.

Legislatively (Part 2, Article 128 of the Labor Code of the Russian Federation) also outlines the terms and circle of persons whose request for leave without pay the manager has no right to reject (the intervals are indicated in calendar days):

• at the birth of a child – 5 days;
• persons who took part in the Second World War - up to 35 days within a year;
• upon marriage – 5 days;
• due to the death of close relatives – 5 days;
• if the employee is a student at a university or school (Article 173 and Article 174 of the Labor Code of the Russian Federation) for the period of passing the session (university - within 15 days, school - within 10 days), state exams (university - within a month, school - within within 2 months) and to defend a diploma at a university (within 4 months);
• when sending close relatives to serve in law enforcement agencies - cannot exceed 14 days within a year;
• pensioners (by age) can take advantage of this leave, but not more than 14 days within a year;
• disabled people are given the opportunity to take leave without pay for no more than 60 days per year;
• other persons whose rights are specified in other regulatory documents and laws.

Part-time employees can also take leave without pay, but only on the condition that the paid annual leave at the place of part-time employment does not exceed the duration of leave at the main place of employment (Article 286 of the Labor Code of the Russian Federation).

Unpaid leave at the initiative of the worker, extending beyond the period of 14 days, is not summed up in length of service and is not taken into account in calculating annual rest.

Such holidays cannot be extended or postponed to next year.

Similarly, sick leave during its period is not paid, but the employee will be released additionally for the total number of days of illness, upon presentation of the document.

Additionally, by agreement of the parties, it is possible for the employee to leave earlier than the date specified in the application for leave without pay.

After the employee writes an application and provides supporting documents (if any), the manager assesses the prospect of leaving the employee on unpaid leave. Upon approval, an order is issued to allow the requested leave to be taken without pay.

While on leave without pay, an employee does not have the right to fire. Except in case of liquidation of the company.

How to write an application for leave without pay?

The application form for holidays at one's own expense is not enshrined in legislative acts, therefore it is drawn up in writing, in a free style, but there are certain rules for registration.

There must certainly be sections in the text of the document:

1. The header of the application contains the details of the manager for whom the document is being written, in the dative case. Indicate his position and full company name. The data of the employee drawing up the document is also indicated here in the genitive case.
2. In the middle of the line, lower down, the word “Statement” is written with a capital letter.
3. What follows is the body of the document, which details the arguments why the employee needs to take leave without pay and its duration.
4. At the very end, indicate the date, month, year of filling and indicate the applicant’s visa.

If there is a document to justify the need for leave without pay, at the end of the document the paragraph “Appendix” is indicated, describing the content of the justification. The confirmation itself is attached to the document.

The application must be submitted before the desired date of vacation. This time is needed to prepare a response (if you agree, an order; if you disagree, a refusal can be drawn up in writing).

In case of a positive decision, an order is formed, which must indicate:

• employee details (full name);
• the circumstances under which leave without pay must be granted;
• deadlines are specified, specifying the start and end dates of the vacation.

All data on the leave taken by the employee is reflected in his personal card (form No. T-2) and in the unified document for recording working hours (form No. T - 12 or No. T - 13).

Sample application for leave without pay 2017

To the head of JSC "Dream"

Erokhin E.O.

Elbrusskaya Daria Viktorovna

Statement

About granting leave without pay

I ask you to grant me leave without pay for three calendar days from 10/05/2016. until 10/07/2016 for family reasons (birth of a child).

10/04/2016 Signature _________/________________/

Applications:

1. A copy of the child's birth certificate.

When can they refuse?

The manager decides whether to allow or deny an employee leave without pay.

Often, for family reasons, an employee needs to take leave at his own expense. Therefore, whether or not to let the employee go on unpaid leave without pay. This is usually the employer's right.

Moreover, unpaid leave is given for family reasons. And other good reasons. Moreover, if you carefully study the norms. It turns out that sometimes this is also the responsibility of the company. Moreover, depending on the basis on which the employee goes on vacation without saving his earnings. A way to calculate his length of service is being found.

For family reasons and other valid reasons, an employee may be provided with a written request. The duration of which is determined by agreement between the employee and the employer (Part 1). When considering applications, attention is paid to specific reasons and circumstances. Caused the need for such a vacation. After all, granting leave without pay on the basis of Part 1 of Article 128 of the Labor Code of the Russian Federation is a right. Not the employer's responsibility. That's why he has the right to refuse to provide it to an employee. In this case, the employer must take into account how valid the reasons are. Which the employee indicates in the application. So is the possibility of causing harm to the organization if vacation is provided at one’s own expense.

Family circumstances and other valid reasons include certain events and social needs. Arising in the personal life of an employee. An employer cannot send an employee on leave at his own expense without pay on his own initiative.

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If you took a vacation at your own expense, can the employer require documents confirming your excuse?

Article 128 of the Labor Code of the Russian Federation

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

How many days can you take at your own expense from work according to the law?

Is it possible to go on leave without pay for a year? How long can you take leave, at your own expense, according to the labor code, without pay? For what period can a working pensioner and a pregnant woman be sent?

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, who died or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness associated with military service (service) - up to 14 calendar days a year;

for working disabled people - up to 60 calendar days per year;

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

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Providing vacation leave at your own expense, without maintaining wages, is MANDATORY

In some situations, providing leave without pay is the obligation of the employer established by the Labor Code of the Russian Federation. For example, employees to whom the employer is obliged to provide leave without pay are (Article 128 of the Labor Code of the Russian Federation):

• working old-age pensioners (by age);
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during service, or as a result of an illness associated with military service;
• working disabled people;
• workers in cases of birth of a child, registration of marriage, death of close relatives.

In addition to the above situations, the Labor Code contains mention of several more cases when the employer is obliged to provide leave without pay. For example, such leave is due to those employees who combine work and study in educational institutions of higher and secondary vocational education or enroll in them.

The Labor Code, other federal laws or a collective agreement may provide for other cases when the employer is obliged to provide leave without pay. For example, Part 2 lists the categories of employees to whom the employer is obliged to provide leave without pay in connection with admission to educational institutions of higher professional education and training in them, these are:

• employees admitted to entrance examinations in educational institutions of higher professional education;
• employees - students of preparatory departments of educational institutions of higher professional education;
• employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work.

The employer’s obligation to provide leave at his own expense is established not only in the Labor Code, but also in other federal laws. So, in accordance with paragraph 11 of Article 11 of the Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, military spouses receive leave at their request is provided simultaneously with military leave. In this case, the duration of the spouses' leave can be equal to the leave of military personnel at their request. Just the part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay. At the same time, the employer does not have the right to refuse unpaid leave without pay in this case.

The following employees can take leave at any time at their own expense until 14 days according to the Labor Code of the Russian Federation.

• Single mother with a child under 14 years old,
• employee who has two or more children under the age of fourteen,
• employee who has disabled child under the age of eighteen

In addition to the Labor Code, the employer’s obligation to provide unpaid leave to certain employees is established in the following federal laws:

• dated November 26, 1996 No. 138-FZ - to individual participants in the election process for the duration of elections to local government bodies;
• dated 01/09/97 No. 5-FZ - Heroes of Socialist Labor and full holders of the Order of Labor Glory;
• dated June 12, 2002 No. 67-FZ - to the candidate’s proxies during the referendum;
• dated January 10, 2003 No. 19-FZ - to individual participants in the election process of the President of the Russian Federation (candidate’s proxies, members of the election commission with advisory voting rights);
• dated May 18, 2005 No. 51-FZ - to individual participants in the process of election of State Duma deputies (candidate’s proxies, members of the election commission with advisory voting rights);
• dated 05.27.98 No. 76-FZ - to spouses of military personnel in relation to part of the leave exceeding the duration of annual leave at their main place of work;
• dated 01/15/93 No. 4301-1 - Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (additional leave for up to three weeks a year at a time convenient for them)

The duration of leave without pay if the employer is obliged to provide it is determined by federal law, which provides for such leave at one’s own expense. Information on the duration of the said leave without pay, which is provided without fail, is given in the table.

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The period of compulsory leave at your own expense without pay

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Documentation of leave without pay

Regardless of whether the leave is mandatory or not, in order to provide it, the employee must write a statement where the employee must indicate the reason for the unpaid leave. In some cases, the employer is obliged to provide such leave (for example, in the event of a wedding or death of a close relative) ().

To the director
LLC "Gasprom"
A.V. Ivanov

from the cashier
A.V. Petrova

STATEMENT

I ask you to grant me leave without pay from April 3, 2020 for 15 calendar days for family reasons.

17.03.2020 . . . Petrova. . . . A.V. Petrova

Based on the employee’s application, issue an order to grant leave. The order must be signed by the manager, the employee must be familiarized with the order for signature.

The unified form of the order for granting leave (Form No. T-6) was approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

An organization may, at its own discretion:

• or use standardized forms of documents if this is approved by the head of the organization in the order on accounting policies;
• or use independently developed forms approved by the head (provided that they contain all the necessary details provided for by Law of December 6, 2011 No. 402-FZ).

Do not draw up a calculation note for the provision of leave (on Form No. T-60 or on a self-developed form). The fact is that this form is provided for calculating payments that an employee is entitled to when going on vacation (instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). And when an employee goes on unpaid leave, vacation pay is not accrued.

Also, information about the vacations provided must be entered into the employee’s personal card:

• in section VIII of form No. T-2, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1), if the organization uses a unified form of the document;
• in the appropriate section of the personal card if the organization uses an independently developed document form.

Reflect similar information in the employee’s personal account (on Form No. T-54 or on a self-developed form).

In the time sheet, vacation time is marked with the code “DO” if the vacation was granted in accordance with the employer’s permission, or with the code “OZ” if the employee goes on vacation based on the provisions of the current legislation of the Russian Federation.

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DURATION of vacation at your own expense, without pay

Upon written request from the employee, the employer may provide the employee with leave without pay. The duration of leave without pay is established by agreement of the parties: employee and employer in calendar days. Non-working holidays are not included in the number of calendar days of vacation only if they fall on paid vacation: main or additional (Part 1 of Article 120 of the Labor Code of the Russian Federation). Thus, if holidays fall during the period of unpaid leave, then they are included in the number of calendar days of such leave and do not extend it.

The maximum duration of leave at one's own expense is not regulated by law. The employer and employee decide by agreement of the parties how long the leave will be granted. Thus, the employer has the right to provide vacation at his own expense for any period: several days, weeks, months and even years. This follows from the Labor Code of the Russian Federation.

As a rule, leave without pay is granted in calendar days. The current labor legislation does not provide for the transfer of such leave due to weekends and non-working holidays. Therefore, the employer should not extend it for these days.

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Conventions, Marks in the time sheet

OZ- Vacation without pay under the conditions provided for by the current legislation of the Russian Federation

BEFORE- Unpaid leave granted to an employee with the permission of the employer

UD- additional leave in connection with training without pay

DB- Annual additional leave without pay

Note: See all Conventions for time sheets

Days of unpaid leave are completely excluded from the calculation period when calculating average earnings, regardless of its duration. Reason - subparagraph “e” of paragraph 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by the Decree of the Government of the Russian Federation dated December 24, 2007

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Guarantees for an employee on leave without pay

As a rule, an employee cannot be dismissed at the initiative of the employer while he is on such leave. Since, according to the employee, he cannot be dismissed at the initiative of the employer while he is on vacation, with the exception of the case of liquidation of the organization or termination of activities by an individual entrepreneur.

Sickness benefits must also be paid when the employee himself gets sick or is injured while on annual leave - main or additional (clause 1, part 1, article 9 of the Law of December 29, 2006 No. 255-FZ). During illness, the vacation period is extended. At the employee’s request, the unused part of the vacation can be provided to him immediately or transferred to the future (Article 124 of the Labor Code of the Russian Federation).

For all other periods of release from work (except annual holidays) with or without salary, sick leave benefits are not paid to employees. For example, an employee is not paid an allowance for the day he participates in a court hearing as a juror, as well as days that fall on personal leave or parental leave.

If during unpaid leave the employee went on maternity leave, then the employer is obliged to pay her maternity benefits, since the employee is one of the insured persons. Moreover, unpaid leave must be interrupted from the moment maternity leave begins. Maternity benefits are paid to the employee in the amount of 100% of average earnings (clause 1 of Federal Law No. 255-FZ of December 29, 2006).

If the employee does not have actually accrued wages and actually worked days in the pay period and before it, the average earnings must be calculated based on the official salary, the tariff rate established for the category of the employee, the official salary, and allowance (remuneration). Reason - clause 11 of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation dated June 15, 2007 No. 375.

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The employer does not have the right to send employees on leave without pay on their own initiative.

This is a violation of labor legislation, for which he can be fined in accordance with parts 1 and 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The inadmissibility of forced leaves without pay due to the temporary suspension of the organization’s activities was emphasized by the Russian Ministry of Labor (Resolution of the Russian Ministry of Labor dated June 27, 1996 No. 40). In the Labor Code of the Russian Federation, the employee’s initiative () is also considered a condition for granting leave at one’s own expense.

A situation where employees, due to the fault of the employer, are unable to fulfill their job duties. During downtime, employees must be paid at least 2/3 of their average earnings (part 1).

If, instead of accruing these payments to employees, the employer sends them on leave without pay, this will be a violation for which liability is provided:

• for officials of the organization (manager) - a warning or a fine from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles or disqualification for a period of one to three years);
• for entrepreneurs – a fine from 1000 to 5000 rubles. (repeated violation entails a fine of 10,000 to 20,000 rubles);
• for an organization – a fine of 30,000 to 50,000 rubles. (repeated violation entails a fine of 50,000 to 70,000 rubles).

).

In other words, the employer does not pay for the entire time that the employee will be on such leave; it is provided at the employee’s personal responsibility.

Who is obliged to provide it, who has the right?

There are a huge number of cases of granting leave without pay. It is simply impossible to list them due to their diversity.

This is explained by the fact that the reasons for the need for such leave are, as a rule, family circumstances, be it the illness of a relative, the urgent departure of the employee himself, the need to visit a particular institution whose opening hours coincide with the working hours of the worker, etc. In any case, the validity of such reasons is assessed by the employer in each specific case. Reference.

All employees, without exception, have the right to rest without pay. However, it should be taken into account that such

1. Vacation can be divided into two types:
2. Leave that is granted at the discretion of the employer.

Leave that the employer is obliged to provide.

The latter is clearly regulated by Article 128 of the Labor Code of the Russian Federation. The categories of persons, according to this article, and the duration of such leave can be presented in table form:

The above list is not exhaustive. Article 128 of the Labor Code of the Russian Federation also indicates the presence of other cases established by law or a collective agreement in which the provision of leave without pay is mandatory.

For clarity, we provide an additional list of categories of citizens to whom the employer is obliged to provide leave at his own expense, indicating its duration and basis:

Thus, federal laws and the collective agreement may establish additional grounds for the mandatory provision of unpaid leave.

The employer also has the right to provide unpaid leave at its discretion at the request of the employee. The duration of such rest is determined by the parties: the employee asks for a certain number of days, and the employer either approves, specifies the rest period, or refuses.

Important! The storage period for all leave orders as a type of personnel orders is 5 years.

What is the maximum period of administrative leave without pay?

The period for which the employee wishes to go on vacation at his own expense is determined in each specific case by agreement with the employer. However, do not forget that the law may set a limit on the period of stay on such a vacation. If such a period is not established by law, the duration of the rest is determined by the employer.

How many times a year can you take time off at the employee’s initiative and for how many days?

Since this kind of vacation is a necessity caused by personal or family circumstances, it is impossible to plan for their occurrence. Therefore, it is assumed that such vacations can be taken countless times, because it is simply impossible to schedule them.

However, do not forget that a certain limit must be observed (if it is established by law). That is Allotted leave can be used either once or divided into parts- but within the limit established by law (for example, within a year) and period (for example, up to 14 calendar days).

Are the number of holidays included in this period?

As a general rule, unpaid leave is calculated in calendar days, which means that it includes both weekends and holidays.

Extension of leave without pay, as well as its provision, is the prerogative of the employer, except in cases where the employee has taken fewer days than he is allowed by law or by collective agreement. In the latter case, the employee certainly has the right to extend his vacation up to the limit established by law.

If the employee went on vacation at his own expense solely by agreement with the employer, then an extension of such vacation will have to be negotiated.

The above list is not exhaustive. The upper and lower limits of vacation at your own expense can be established by law or local legal act. In Russian legislation, it varies from five days to a year, depending on the categories of citizens and the circumstances that necessitated the provision of such leave.

In other cases The establishment of vacation limits is left to the employer. In this case, everything depends on the production capabilities of the enterprise and agreements with management.

How to call an employee if he was on leave at his own expense?

The production process is often unpredictable and the possibility of letting an employee go on vacation today does not mean that such an opportunity will be available tomorrow. Therefore, the presence of employees at their workplaces does not always depend on the wishes of the employer; sometimes it can be caused by production needs.

Recall from leave without pay is not regulated by the labor legislation of the Russian Federation. There is no special article about this in the Labor Code of the Russian Federation. It seems that it is not permissible if its provision is required by law. But giving an analogy with annual paid leave, recall still takes place with the consent of the employee, since in this case the agreement of the parties is observed, which allows us to judge that there is no violation of the employee’s rights, and there is no direct prohibition on recall from this type of leave in the legislation of the Russian Federation .

As for leave at your own expense only by agreement with the employer, then there will be no revocation, but an early termination of such leave. In this case, the employee’s consent is not required, since the initial grant of leave was the employer’s permission, which means he has the right, at his own discretion, to change his decision and end such leave early.

Useful video

From the video you will find out how long the vacation is at your own expense. To whom the employer cannot refuse such leave, preferential categories of citizens:

Procedure for providing the employee How and how many days in advance is the text of the application written? Issuance of an order Can it be issued retroactively?