It is not always correct to use and apply these short-term vacations. This is due to the fact that rest schedules are established in advance at the enterprise, which must be adhered to not only by employers, but also by the employees themselves. At the same time, when a day or several is provided as time off, the employer must make adjustments to the schedule and issue an order, which the employee must familiarize himself with. The accounting department should also try, charging payments for these days three days before they occur.
When the above points are not observed by the employer, the company employee can do everything to ensure that the days provided are not taken into account as vacation. True, in the future it is unlikely that the employee can think about granting him time off as an annual vacation.
If time off is provided by the employer, then he must notify his employee at least two weeks in advance of the upcoming days. This is all prescribed by law, and no one has the right to violate this.
In what cases can you ask for days off without pay?
If an employee has already taken annual paid leave or for some reason does not want to take advantage of this right (for example, he needs only 1-2 free days), he can submit an application to the employer for time off without pay. According to Art. 128 of the Labor Code of the Russian Federation, such leave is taken for family or other objective reasons.
The importance of the circumstances is determined by the employer. As a rule, these are considered:
- Day of Knowledge (September 1) in primary and secondary schools;
- high school graduation;
- participation in conferences;
- farewell to the army;
- moving;
- medical examinations;
- preparation of any documentation, etc.
In addition, family circumstances include events such as the birth of a child, the death of a family member, and a wedding. In this case, according to Article 128 of the Labor Code of the Russian Federation, the employer is obliged to provide up to 5 days of vacation at his own expense without pay.
Rules for registration and application for time off on account of vacation
There is a certain sequence for registering time off at work as unused vacation. To begin with, you should correctly and clearly write a statement according to the sample. It reflects the reasons why he needs days away from work. Additional documents are also attached to the application, which are records of marriage registration, death, birth and others. After considering the application, the head of the enterprise issues a visa indicating his consent or not. If this is not done at all, then absenteeism will be equivalent to time off. For this reason, it is best to talk with the employer yourself and clarify possible problems with providing time off.
Upon completion of this procedure, an order is issued to provide days for rest as an annual vacation period or without pay. Only in this case, when all the stages have been completed, can you calmly go about your business. Everything will be legal and justified.
A similar form is used here to apply for time off for vacation leave. It is written in the name of the head of the enterprise. Two forms for registering time off will be correct. In the first case, the start date of the vacation and its end are written, and in the second - the start date of the vacation, and also indicate the number of days how long it will last.
The document must have a “header” located in the upper right corner. Here is an indication of whose name the application is written, as well as on whose behalf. It is best to indicate your full name. leader. After writing the word “application” in the central part, the essence and requirements for granting time off are reflected. Example: “I ask you to provide time off for the next vacation for 4 days from ... to ... due to the birth of a child.”
Upon completion of writing the application for time off on account of the vacation, the employee’s signature is placed, as well as the date of preparation.
The time sheet must reflect the assigned time off for the employee. In this case, codes are used depending on how the days will be counted. They can be in the form of letters or numbers. The simplest option is the letter one. So, for example, a vacation designated “FROM” will correspond to the numbers “09”. Personnel workers should know and understand all this.
When it is necessary to fill out a timesheet, you should understand which document format is used: according to form No. T-12 or No. T-13. In addition, reflection can also occur on an approved form.
At the end of the working period for which it is necessary to prepare a report, they must be taken into account by choosing certain days of vacation, day off or reporting to work. In most cases, more problems are not for you, but for the work of personnel officers.
How many days does it take to compile according to the law?
The law does not determine how many days or weeks before vacation an employee is required to contact the employer: some situations, such as the death of a relative, are difficult to predict. However, it is recommended to submit your application at least 1-2 business days in advance.
This time is enough to register the application and make sure that the manager has signed the order. If an employer denies an employee leave without pay and he does not come to work, this may be regarded as absenteeism with all the negative consequences: disciplinary action or even dismissal.
The application must be submitted before absence from work. The established judicial practice on this issue is clear: the employer has the right not to sign the document retroactively even if the employee is guaranteed leave under Art. 128 Labor Code of the Russian Federation.
How to write to provide time off without pay?
An application for leave at your own expense is drawn up in writing, addressed to the head of the enterprise. The “header” indicates the employee’s full name, position, and department.
What must be present in the text:
- start and end dates;
- cause;
- an indication that rest is necessary without pay;
- total duration in calendar days.
The employee and employer can agree on any length of leave, up to several hours. The maximum period is not specified by law, with the exception of state civil and municipal employees. They can go on vacation for a maximum of 1 year.
The reason can be simply stated as “family reasons”. However, not all employers will accept this wording; sometimes a more detailed explanation is required, for example, “due to the need to care for an elderly father.”
How to fill out this part of the application should be clarified with the HR department. For employees who have a guaranteed right to leave at their own expense, it is advisable to refer to the relevant provision of law or clause of the collective agreement.
The law does not provide for a unified application form, so many companies use their own forms.
When drawing up a document yourself, you need to remember that the Labor Code of the Russian Federation does not contain the concepts “at your own expense,” “administrative” or “without content.” You should ask for “leave without pay.”
Can an employer refuse?
Labor legislation describes cases when an employer is obliged to let an employee go on unpaid leave, regardless of his desire and the reasons that prompted him to ask for it. Here are some of them:
| Category of employees, circumstances | Maximum duration of vacation at your own expense, days per year |
| WWII participants and Leningrad siege survivors | 35 |
| Heroes of the USSR and the Russian Federation, full holders of the Order of Glory | 21 |
| Pensioners by age | 14 |
| Parents and spouses of military personnel, law enforcement officers, firefighters who died in the line of duty | 14 |
| Disabled people | 60 |
| In connection with the birth of a baby, marriage, death of a close relative (parent, brother or sister, child, grandmother or grandfather - Article 14 of the RF IC) | 5 |
| University applicants | 15 |
| Full-time students of universities with state accreditation to take exams in the winter or summer sessions | 15 per academic year |
| Full-time students of universities with state accreditation for passing final qualifying exams and dissertations | 120 |
Certain categories and conditions may be provided for by a collective agreement. It often prescribes the right to leave without pay for up to 14 days a year for a single mother or father, a parent raising a disabled minor child or 2 or more young children (Article 263 of the Labor Code of the Russian Federation).
In other cases, the employer has the right, but is not obligated, to accommodate the employee halfway. If it is unprofitable for him to leave an employee, for example, during the season of the highest activity of the enterprise, he may not allow him to go on unpaid leave.
Download samples and templates
applications for leave at your own expense for family reasons for 1 day - word.
Application template for days off without pay for a pensioner – word.
Example for leave without pay due to the birth of a child – word.
An example in connection with the death of a relative - word.
Delivery period and payment procedure
For each category of employees of a company or enterprise, different periods of time off may be granted. If you provide the appropriate documents at the request of the employer, upon marriage, death of a relative or birth of a child, you are given at least 5 days of rest, which will be counted towards annual leave.
When an old-age pension is assigned, but a person continues to work, he can be allowed to use a maximum of 14 days as time off. But spouses of deceased servicemen, as well as their parents, can demand at least 14 days.
Disabled people of groups 1 and 2 are included in a special category. They can use PTO for a minimum of 60 days. Everything will be legal. In this case, the employer himself will not have the right to refuse.
Parents raising children under three years of age are also entitled to time off. But first you need to contact the employer and explain to him all the reasons and the need for taking time off.
As for payment, three situations may arise:
- Time off is provided as vacation that is not used in the current period. Every day outside of work will be paid according to the norms. The average daily earnings are used here.
- When time off is taken due to lack of work at the enterprise, for each such day the employee is entitled to 2/3 of the average daily wage.
- Time off in the form of vacation, but without any pay, will give the right only to legal absence from the workplace.
What to do if the director does not accept?
If the employer does not want to provide leave, and the employee cannot apply for it without fail, this is his right. In this case, the only option will be a compromise. An employee can, for example, make up lost time or substitute with a colleague.
If the employee is guaranteed leave at his own expense by virtue of the law, the employer’s refusal can be challenged in the labor inspectorate or in court. Violations of the norms of the Labor Code of the Russian Federation by employers are also complained to the prosecutor's office. The union often takes the employee's side.
One nuance is important: the employee should have confirmation of the application. This may be a copy of it with the boss’s resolution and the date of application, a second copy with a signature of acceptance.
Judicial practice includes many interesting cases of restoring the rights of employees in connection with the refusal to provide them with time off at their own expense, guaranteed by the Labor Code of the Russian Federation. As a rule, citizens end up in court after their employer fires them for absenteeism without signing a statement.
One of these cases occurred in December 2021 in Omsk.
An employee of a pet company was fired because she went on leave without pay without waiting for her application to go through all the necessary authorities. She signed it only from her immediate supervisor. The court noted that the company does not have local acts regulating the procedure for drawing up such documents. Accordingly, the employee correctly approved the application only from her boss. The court ordered the company to return the plaintiff to her position and pay her compensation for involuntary downtime and moral damage (case No. 2-2544/2017 dated December 1, 2017, Omsk District Court).
That is, another important nuance in case of any difficulties in obtaining leave at your own expense is to make sure that the application was submitted in accordance with the local regulations of the company. They can be reviewed in the HR department.
conclusions
Thus, leave at their own expense is provided to employees for family or other objective reasons. The employer has the right, but is not obligated, to satisfy the employee’s request; The exception is the situations listed in Art. 128 of the Labor Code of the Russian Federation and other regulations. The duration and reasons for applying for leave must be reflected in the application.
The application is written addressed to the head of the organization, and submitted and approved in accordance with the local regulations of the company. The violated right to guaranteed vacation can be challenged in the State Tax Inspectorate or in court.
