Application for administrative leave (sample application)

Application for administrative leave for 1 day

When writing an application for administrative leave, the following aspects are taken into account:

• formulated in a free manner;
• addressed to the manager;
• the application must indicate the start date and end date of the vacation;
• indicate the number of vacation days;
• the reason that served as the basis for the decision to take leave without pay is indicated.

For example:

General Director of LLC "ABV"

Molodtsov M.M.

head of legal department

Znaykina Z.Z.

Statement

I request that you grant me administrative leave for 1 day on 03/27/2017 for family reasons.

March 24, 2017

Znaykin Z.Z. _______________

(signature)

When filling out an application, you must be guided by Article 128 of the Labor Code of the Russian Federation.

Application for leave for a few hours

Sometimes an employee needs to leave to resolve an important issue, but there is no need to be absent the entire working day. In some cases, management simply meets halfway without formalizing this agreement in any way. However, with this approach, situations are possible when time off, even formally permitted, but not supported in any way by documents, can be regarded as absenteeism if an unscrupulous manager decides to fire his subordinate. An oral agreement is very difficult to prove, and in such cases the court will not be able to side with the unfairly offended employee. A written statement, especially one indicating a confirmed good reason, is a sufficient justification for absence from work.

In addition, sometimes every working hour is important in terms of labor remuneration, for example, with an hourly wage system, then even a short absence will need to be properly documented. On the accounting sheet for that day, you will need to indicate the actual number of hours worked minus the missed ones - the basis will be as follows: once a written statement from the employee.

It must be written in the standard form accepted in the given company, or in accordance with the general rules of business. Upon application, you must obtain a management permit. Some organizations additionally issue a corresponding order.

It is better to indicate and document the reason for absence in the application, but the law does not oblige you to do this.

To the General Director of Fireworks LLC, Evgeniy Romanovich Lukanovsky, from the senior administrator, Dmitry Ivanovich Dragomanov

STATEMENT

I ask you to allow me to leave my workplace on April 28 for 3 hours from 11:00 to 14:00 in connection with a visit to a medical facility with a young child.

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April 27, 2021 /Dragomanov/ D.I. Drahomanov

Who is eligible for administrative leave?

Administrative leave is granted by agreement with the manager, but it must be understood that an employee may be refused this leave due to an unjustifiable reason in the opinion of the enterprise administration.

The legislation still obliges the manager to provide administrative leave to the following categories of citizens :

Employer's liability for failure to provide administrative leave

Failure to provide administrative leave to an employee who is legally entitled to use this leave falls into the category of violation of labor legislation and entails administrative sanctions (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

For example: At GDE LLC, the general director refuses to grant administrative leave to sales manager Kopeikina K.K., who is the spouse of a military serviceman. In her application, the employee indicated that this leave, lasting 4 days, would coincide with her husband’s leave and attached an extract from the order.

In this case, the general director violates Article 5.27. Code of Administrative Offenses and can be held accountable as an official by warning or imposing a fine of 1000-5000 rubles, or an administrative penalty can be imposed directly on GDE LLC with a fine of 30,000-50,000 rubles.

Procedure for calculating administrative leave

When calculating administrative leave, it is recommended to be guided by Article 121 of the Labor Code of the Russian Federation. The fact is that when calculating annual regular leave , the length of service that does not affect the amount and provision of leave does not affect only 14 days , which the employee decided to use at his own discretion by writing a statement about it. Administrative leave exceeding the 14-day amount specified by law will have an impact when calculating the next leave.

The calculation of the next vacation, as is already known, depends on the vacation without pay and can be made using the following formula:

Mo - the number of months that a person worked

Ku - the number of vacation days that will be provided to the employee

Ko - the number of planned vacation days, which are regulated by law

When calculating months worked, you can use the following formula:

* value is rounded to the nearest whole number

For example: a kindergarten teacher was on leave without pay for 34 days. The teacher's vacation is 42 days. How much vacation time can a teacher expect?

The calculation of the next leave is influenced by the part of the administrative leave exceeding 14 days, which in this case is 20 days.

So, it is necessary to calculate the number of months worked: Mo=222/22=10.09=10

Now we count the number of vacation days: 10/12 = Ku/42, Ku = 34.99 = 35 days

Sample application for one day without pay

Article 128 of the Labor Code implies that in the case of family circumstances or other important reasons, an employee may request a vacation day (or more days) from the employer in writing. In this case, wages are not retained. A sample application for one day without pay is not provided in the legislation, but may have a form at the place of work. However, Article 153 of the Labor Code of the Russian Federation contains information that an employee has every right to arrange for himself some kind of day intended for rest, in exchange for his day off, which, importantly, was worked by him. There is another option. A day off is a day given to an employee instead of one of his vacation pay, or simply a day off without pay given by the employer.

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Legislative acts regulating administrative leave

The documents regulating administrative leave are presented by the following legislative acts:

Reasons for time off

You won’t be able to just take time off - practice shows that usually an employee is required to either work an additional day off in advance or subsequently, or take time off towards a future vacation or as leave without pay.

In some cases, due to operational necessity, management may deny an employee an additional day off, and this will not be a violation of the law - time off is granted only with the mutual consent of both parties.

It is also worth remembering that those employees who have worked at this enterprise for less than 6 months are not entitled to time off at all.

At the same time, there is a category of employees who can take time off at any time without waiting for management approval. This:

• WWII participants;

pensioners;

• people with disabilities;
• close relatives of military personnel who died in the performance of military duties.

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In companies with a shift schedule, agreements between employees to replace each other if necessary are widespread. This way allows not to disrupt the production process and at the same time suits all parties.

But large enterprises where trade unions are active often have a developed and approved collective agreement, which stipulates a separate clause on the conditions for granting time off and additional vacations. If such a document exists, then each employee of the organization must be familiarized with it against signature already at the employment stage.