home Vitamins and dietary supplements How leave without pay is granted. The impact of unpaid leave on the next leave

How leave without pay is granted. The impact of unpaid leave on the next leave

In addition to basic wages, employees have the right to no pay.

Leave without pay is granted at the initiative of the employee if approved by his employer. The basis for it must be a valid 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 an employee and an employer in the field of providing. In this case, much depends on the circumstances that led to the need to suspend the employee’s work activity. However, this article does not contain information about who exactly determines the degree of validity of these reasons.

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

Leave without pay is divided into 2 categories:

provided at the discretion of the manager (for family and other valid reasons). The employer may refuse such leave, recognizing the reason given by the employee as insufficiently valid.
vacations for certain categories of citizens. The employer has no right to refuse to provide them, since the right to leave for these citizens is enshrined at the legislative level.

In addition to the 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 be changed exclusively for 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 14 years of age;
parents of minor children with disabilities;
single parents of children under 14 years of age.

In addition, an employee on such leave has the right to interrupt it and begin performing his official duties by notifying the employer about this.

Who is entitled to compulsory leave?

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

. They can take the entire vacation or break it into several parts;
Working disabled people. We are talking about disability in principle, regardless of category;
Participants of the Second World War and veterans of other military operations;
Spouses of military personnel whose death occurred while performing their official duties;
Working students on a full-time study program, as well as workers entering higher education educational establishments.

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

Federal Law No. 5 guarantees such a right to the Heroes of Socialist Labor;
Law No. 4301–1 - To Heroes Soviet Union or Russia;
Law No. 5 - residents 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 equivalent regions.

Can an employer refuse to grant administrative leave?

IN Labor Code it is said that each employee can file in the name of the manager .

Unpaid leave at the initiative of the employee is provided to him on a contractual basis, i.e. with the consent of the employer. Its main purpose is to solve various types 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 valid reasons allowing the employee to go on vacation, you can celebrate weddings and anniversaries of relatives, seeing off your son in 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 the assessment of the degree of need for additional leave rests with the employer. However, such reasons may be indicated in local acts of the organization and collective employment contract.

Circumstances that are recognized as respectful by all leaders are: marriage, birth of children and 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 the appropriate certificate from the state registration authorities.

If the head of the organization considers the reason specified in the application to be insufficiently valid or the absence of the employee, in his opinion, will negatively affect the activities of the enterprise, he may not allow him to go on vacation. And this act will be absolutely legal, since the employee’s labor rights are not violated.

Seniority and administrative leave

The period an employee is 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 receiving it do not play any role in this case.

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

Registration procedure

The procedure for applying for administrative leave begins with the employee writing an application and submitting it to the head of the organization for consideration.
It must contain the desired date of the leave granted, as well as a valid reason for taking it.
Documentary evidence, if any, must be attached to the application.
After considering the application, the employer expresses its attitude towards it.
If consent is given, a leave order is issued in form T-6. This document must contain the employee’s full name, reason and duration of leave.
After the employee familiarizes himself with it, a corresponding note is made in the form of his personal signature.

Important: the last day of vacation is the date specified in the employee’s application and order, i.e., begin to fulfill your labor responsibilities the employee must the next day after this date! Features of provision

The Labor Code of the Russian Federation defines only the minimum duration of leave without pay.

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 true only for non-employees special categories citizens.

For those employees whose right to receive additional leave is established by law, it also determines 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 amount specified by law or 14 days (for other employees), then the “extra” days are not included in the continuous period. seniority. In this case, one nuance must be taken into account: in this case, the annual paid leave is shifted by the number of “extra” days of vacation.

Thus, an employee after an administrative absence of up to 14 days can go on paid leave, if so provided for in the schedule. But if the additional vacation 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 his main paid vacation.

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

Vacation without pay in vacation pay accounting

Labor Code, other federal laws or collective agreement, the employee’s application for leave without pay is not mandatory for the employer, who has the right to satisfy the employee’s request or refuse to satisfy it. If the employee's request is granted, the duration of the leave is determined by agreement of the parties.

Article 128 of the Labor Code of the Russian Federation does not contain any restrictions in this regard. Leave without pay can be granted for any period of time.

10. A state civil servant, upon his written application, may be granted leave without pay. monetary allowance lasting no more than one year family circumstances and other valid reasons, as well as in other cases provided for by federal laws (clause 15 of article 46 of the Federal Law of July 27, 2004

Leave without pay

Labor Code of the Russian Federation) Pensioner's ID Employees who are parents and spouses 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 penal system, who died/died as a result of injury/concussion/injury, received in the performance of official duties, or as a result of an illness related to service Obligated 14 calendar days per year (Article 128 of the Labor Code of the Russian Federation) - death certificate; - birth/marriage certificate; - document confirming that death occurred due to injury/contusion/injury received in the performance of official duties. Employees who are admitted to entrance examinations to universities Required 15 calendar days (Article 173 of the Labor Code of the Russian Federation) Certificate-call (approved.

The positive aspects of such a vacation include:

The employee has free time for his own affairs;
Opportunity to earn extra money;
Opportunity to relax and indulge in your hobbies;
During such leave, the place of work is retained;
The employee does not decrease 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 when calculating maternity benefits;
The employee does not lose the right to use tax deductions.

But vacation at your own expense has more negative sides. This:

Lack of income;
If the employee exceeds 14 calendar days per year during such leave, then the start date calendar year will “shift” by the number of days exceeded.
This is stated in Art.

Calculation of compensation if there was a leave without pay

Paid and unpaid vacations of an employee during the period of work in the organization No. Calendar year Unpaid vacations during the calendar year Paid vacations during the calendar year Start date End date Number of days Start date End date Number of days 1 2012 01.10. 2012 04.11.2012 35 06.08.2012 15.08.2012 10 2 2013 27.05.2013 30.06.2013 35 18.02.2013 03.03.2013 14 While on leave without pay during the period from May 27 to June 30 2013, he wrote a statement on dismissal due to at will June 30, 2013 (that is, the date of dismissal fell on the last day of leave at one’s own expense). At the time of dismissal, the employee had worked for the company for 1 year 3 months 19 days. Related articles: Determine the number of days annual leave, due to the employee for the period of work in the organization.

Article 128 of the Labor Code of the Russian Federation. unpaid leave

Federal Law No. 76-FZ of May 27, 1998) - marriage certificate; - certificate from the place of service of the military spouse about the duration of his leave. Employees who are veterans of combat operations. Obligated to 35 calendar days a year (clause 11, clause 1, art. 16 of the Federal Law of January 12, 1995 No. 5-FZ) Certificate of a combat veteran By the way, according to the Labor Code of the Russian Federation, the employer is also obliged to provide leave at his own expense to employees who are participants in the Second World War. The maximum duration of leave they are entitled to is 35 calendar days per year (Art.
128

Labor Code of the Russian Federation). True, due to their age, it is unlikely that WWII participants are still working. Unpaid leave at the initiative of the employer The employer has the right to stipulate in the collective agreement or LNA other cases that are not provided for by law and do not contradict it, when employees will be granted unpaid leave.

Six questions about unpaid leave

Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368) Workers who attend preparatory departments of universities in order to pass the final certification Workers who combine study with work and study full-time according to their qualifications state accreditation Bachelor's/Specialist's/Master's programs Required - 15 calendar days per academic year- for passing intermediate certification; - 4 months - for preparing and defending the final qualifying work and passing the final state exams; - 1 month - for passing the final state exams (Article 173 of the Labor Code of the Russian Federation) Employees who were admitted to the entrance exams to secondary educational institutions vocational education Required 10 calendar days (Art.

Unpaid leave

Leave without pay is synonymous with the concept of “administrative” leave or “leave at your own expense.” Such leave is regulated by Art. 128 Labor Code of the Russian Federation. The law stipulates only a few cases when vacation at one’s own expense is granted for a certain number of days.

Attention

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

There are also categories of employees who are granted unpaid leave regardless of their reasons for it. Upon written request from such employees, the employer is obliged to provide them with leave for a certain number of days.
Vacation at your own expense has its pros and cons. This needs to be taken into account.

Important

Labor Code of the Russian Federation) Birth certificate Employees who are getting married Marriage certificate Employees whose close relative has died Death certificate Speaking about leave at your own expense provided in connection with birth/wedding/death, it is worth noting the following: 1. So Since at the time of writing the relevant application the employee is unlikely to have supporting documents, he can submit them after the vacation2.

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

Payments during unpaid leave

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

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

Its full name according to constituent documents, indicating the organizational and legal form;
Legal address and location address, if they are different;
Contact details.

Then comes the “body” of the order, in which you must indicate:

Full name and position of the applicant;
Vacation period;
Reason for such leave.

The employee must put his signature on the order.

Compensation for unpaid leave

The Labor Code of the Russian Federation specifies 3 reasons that are valid, and in the presence of which the employer must provide the employee with 5 days of leave without pay. This:

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

Administrative leave, like main leave, in 2018 is measured in calendar days.

In Art. 128 of the Labor Code of the Russian Federation states that “leave at one’s own expense” is granted to an 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 written, that is, it is enough to indicate the duration of the leave in the application. For example, “I ask you to grant me leave without pay for a period of 7 calendar days for the reason....”

In labor legislation there is such a thing as unpaid leave. Art. is dedicated to him. 128 Labor Code of the Russian Federation. Such leave can be of any duration if the employee and employer agree among themselves.

An employee may take administrative leave if there are valid reasons. Labor legislation does not define what reasons should be considered valid. Therefore, it is up to the employer to decide. In Art. 128 of the Labor Code of the Russian Federation specifies only 3 reasons, which are a priori considered valid. If available, the employer is obliged to provide the employee with administrative leave for up to 5 days.

These reasons include:

own marriage;
death of a close relative;
birth of a child to an employee.

In a local act, the employer can stipulate which reasons will be considered valid, in addition to those presented above. But it is necessary to clarify that if a vacation at one’s own expense for a certain employee entails adverse consequences for the enterprise, then the employer has the right not to allow the employee to go on such vacation even if there is a good reason.

As a rule, employers consider the following reasons valid for granting an employee leave at their own expense:

illness of a close relative;
family circumstances;
farewell to the army;
disaster or another extraordinary circumstance that befell the employee’s family or the family of his close relatives;
child's school holidays;
quarantine at school or kindergarten;
child’s preparations for summer health camp;
passing the session or defense thesis upon receiving a second education.

In addition, there are categories of employees to whom the employer is obliged to provide unpaid leave at any time convenient for them. The duration of such leave per year depends on the category of employee and can range from 14 to 60 calendar days.

Such employees include:

WWII participants;
old-age pensioners and disabled people who continue to work;
spouses and parents of military personnel, firefighters, rescuers, employees of the Ministry of Internal Affairs, the prosecutor's office and other law enforcement agencies who died during service or from an illness acquired during service.

In order to go on such leave, you must write an application addressed to the employer. It must indicate the reason why the employee needs such rest, as well as the period. For example, the application may contain the following wording: “I ask you to grant me leave without pay for the period from 05/10/2016 to 05/15/2016 for 6 calendar days due to the death of a relative.”

At large enterprises with a huge number of employees, such an application must first be endorsed by the head of the structural unit where the applicant works. With his signature, he informs senior management that he is not against the “rest” of this employee, and he has a replacement for the duration of his absence.

This application is then endorsed by the head of the enterprise. Based on the application, an order is issued, which the employee must review and sign. If the manager does not agree, he can note on his visa that the leave will be granted for a fewer number of days.

Leave without pay is included in the length of service for the provision of annual paid leave. But administrative leave should not exceed 14 calendar days per year. This is stated in paragraphs. 6 clause 1 art. 121 Labor Code of the Russian Federation. Otherwise, days in excess of the “limit” will no longer be taken into account when calculating the working year for the next vacation. In this case, the end date of the working year is shifted by the number of days that exceeds 14. This is stated in the letter of Rostrud dated June 14, 2012 No. 854-6-1.

In Art. 128 of the Labor Code of the Russian Federation states that administrative leave can be granted to an employee if two conditions are met:

written statement;
good reason.

Therefore, the employer cannot send an employee on leave without pay on his own initiative. If the employer is forced to “dismiss” employees, then he can:

pay them downtime in the amount of at least 2/3 of their average earnings, since the downtime was due to the fault of the employer;
enter into a written agreement with employees to provide them with “vacations” under certain conditions.

Leave without pay at the initiative of the employee

An employee has the right to ask his employer to give him a few days to solve problems. At the same time, he must understand that he will not be paid for these days. An exception is additional days of rest for previously completed work.

To receive several unpaid days, an employee must write an application. In it he states his request. Important! The employer is not obliged to give the employee such leave, with the exception of certain cases that are prescribed in Art. 128 Labor Code of the Russian Federation. Such cases include:

registration of the employee’s marriage;
the birth of his child;
death of a close relative of an employee.

To prevent an employer from denying its employee unpaid leave, the latter must present supporting documents. But since all certificates (marriage, birth, death) are issued somewhat later than the fact, the employee will be obliged to deliver copies of them afterwards.

The duration of such leave is up to 5 calendar days. But an employee can take either 1 or 5 days. He must indicate the duration of the vacation in the application.

Working pensioners can count on 14 additional unpaid days per year if they are granted an old-age pension;
family members of military personnel who were injured in service or died in the performance of their duties can count on 14 additional unpaid days per year;
Working disabled people can count on 60 additional unpaid days per year;
parents who have children under three years of age. Time off is provided by agreement with management.

Application for leave without pay

In order to receive several unpaid days, an employee must write a free-form application addressed to the head of the enterprise where he works. The application can be handwritten or typed on a computer. It is signed personally by the employee.

The application shall indicate the following information:

about the employer:
- employer name;
- Full name of the head;
- his position.
about the applicant himself:
- FULL NAME;
- job title;
- Contact details;
- if necessary, indicate the personnel number.
please provide several unpaid days of rest. It is necessary to indicate the specific date and basis on which he requests such leave;
date of writing the application and signature of the applicant.

The application is submitted for approval to the head of the structural unit, who signs his visa, thereby agreeing. Then the application is transferred to management, and only then to the human resources department. The personnel service issues an order to appoint this employee extra day recreation.

To write a statement correctly, you need to have a clear example before your eyes. As a rule, sample applications are kept in the personnel department. Some employers have prepared application forms for various cases. The employee only needs to enter basic information.

Leave without pay for pensioners

Working pensioners include citizens who have reached the age of old-age pension but continue to work. That is, these are women over 55 years old and men over 60 years old. Every pensioner who continues his labor activity, receives both a pension and a salary. At the same time, he has exactly the same rights and obligations as other employees.

However, they also have some advantages:

there is no need to give notice of dismissal 2 weeks in advance if the reason for leaving work is retirement;
extensive experience in this field of activity and high qualifications;
they have the right to take unpaid leave of 14 calendar days. They can use such leave during the working year at any time convenient for them. The employer cannot refuse them.

A pensioner, just like other employees, must write an application for such leave. These 14 days of rest can be added to the main vacation or taken separately. 14 days is the minimum duration of such additional leave. It is spelled out in Art. 128 Labor Code of the Russian Federation. The employer has the right to increase the duration of unpaid leave for pensioners.

A working pensioner, wishing to exercise his right to receive additional unpaid leave, must remember that:

he has the right to only 14 calendar days a year;
he can use them at any time convenient for him;
the employer has no right to refuse him;
a vacation lasting more than 14 days will affect the calculation of work experience, which gives the right to use annual leave.

Maximum period of leave without pay

As mentioned above, there are categories of workers who have the right to be provided with additional unpaid days of rest. Working disabled people have the longest such leave - 60 days a year.

Other employees may receive, in mandatory, only 5 calendar days. But there must be compelling reasons for this that need to be confirmed.

It is important to remember that the duration of unpaid rest is included in the total length of service, which is necessary for calculating vacation pay. In Art. 128 of the Labor Code of the Russian Federation states that the duration of unpaid leave can be regulated by agreement of the parties. If an employer can do without his employee long time, then he can let him rest at his own expense for a long period of time.

The employee must remember that administrative leave lasting more than 14 calendar days significantly affects the calculation of the length of service required for annual leave. That is, 14 calendar days will be included in the length of service. Those days that are in excess of this are not taken into account, and, therefore, affect the amount of vacation pay.

Important! Leave without pay is calculated in calendar days. Therefore, holidays and weekends do not extend such leave.

The employer and employee must take into account the following nuances:

administrative leaves are not cumulative or transferred;
The initiator can only be an employee. The employer does not have the right to send an employee on vacation at his own expense;
if during the holiday at your own expense they fall out holidays, then the rest is not extended. This is not provided for by the Labor Code of the Russian Federation, unlike annual vacation payable;
the minimum duration of leave without pay is not regulated by any regulatory act;
the law allows it to be provided during business hours;
An employee has the right to return from vacation early by notifying the employer in writing. It is impossible to refuse him permission to work - he will have to issue an order to interrupt his rest.

Sick leave on leave without pay

In Art. 124 of the Labor Code of the Russian Federation states that if an employee falls ill during his next annual leave, then he has the right to extend this leave. But he must show his employer sick leave, decorated according to all the rules.

Thus, if an employee gets sick and has a sick leave certificate in hand, he can do the following:

return to work after 28 calendar days from the start of your vacation. He can take sick days that fall on vacation days at any time convenient for him;
write an application addressed to the employer with a request to extend annual leave for the number of days during which he was sick.

This rule applies only to paid vacations. This provision does not apply to other cases of interruption of one’s main job duties. That is, if an employee falls ill during his vacation without pay, then such vacation is not extended for days of illness. This rule applies regardless of whether the employee has taken out sick leave or not.

In Art. 9 of Law No. 255-FZ states that illness during administrative rest:

does not prolong it;
not paid. Therefore, there is no point in issuing sick leave;
if leave without pay has already ended and the employee is still sick, then days in excess of such leave will be paid in accordance with current legislation.

Sample application for leave without pay

To the Director of LLC "Perfect"
Zaitseva E.V.
Administrator
Gaevskaya Victoria Nikolaevna

Statement

I ask you to grant me leave without pay for two calendar days from 08/31/2017 to 09/01/2017 for family reasons (the need to prepare a first-grader child for school and to attend the school holiday “Knowledge Day”).

25.08.2013

Gaevskaya

Conclusion

An employer does not have the right to demand that his employee go on vacation at his own expense. This is a violation of his labor rights. If he can no longer provide his workers with labor, he can send them to idle time, which is paid in accordance with current legislation.

Application for leave without pay- this is a document that contains the employee’s request to provide rest without pay, at his own expense.

How to write an application for leave without pay

The application form for leave at your own expense is identical to the usual one.

In the header of the document in the dative case the position, name of the organization and full name of the director are indicated, in the genitive case - the position and full name of the compiler.

Then write the name of the document - Application.

Below, the text of the application indicates a valid reason why the employee requests leave without pay.

Ends with the number and signature of the originator.

Sample application for leave at your own expense