Application for leave and how to submit it to an employee depending on the type of leave provided?


When to write a leave application

An application for leave is required to be written in the following cases:

  • this is the first vacation at a new job after the employee has worked for more than six months (accordingly, it may not have been included in the existing vacation schedule);
  • extraordinary leave is requested (for example, for pregnancy or in connection with training).

We will tell you more about how to correctly write a vacation application for the 2021-2021 model later in the article. It is important to note that this document can be drawn up by hand or printed on a printer, but the applicant’s signature must be made in his own hand.

In what cases does an employee need to apply for leave? How long does it take to write a document? What is the retention period for employee statements? ConsultantPlus experts answered these and other questions, and also explained in detail the procedure for filling out an application for leave. If you do not have access to the K+ system, get a trial online access for free.

The order is in the schedule

Every year, vacation schedules are formed at each enterprise. Applying for permission to rest during a specific period is the basis of the schedule. This schedule has several goals. Firstly, the employees themselves know who will replace whom. Secondly, this allows you to avoid widespread vacationing in one period. Thirdly, the employer has the opportunity to plan a budget, because paying vacation pay requires reserving money.

Once the schedule is formed and approved, the work does not end. Each employee is notified of the upcoming vacation two weeks in advance. The employee does not need to do anything, so the question of how to write a vacation application does not arise. You just need to sign the order issued by the organization.

How to write a vacation application: step-by-step instructions

How to write a vacation application? Before drawing up an application for leave, you need to visually divide the sheet of paper on which it will be written (preferably in A4 size) into 4 parts:

  1. In the upper corner on the right you should indicate the exact name of the position and full name of the head of the enterprise, and below provide your personal data and position (you should also indicate the structural unit if the employee does not work in the parent company).
  2. In the center of the page you must write the name of the document.
  3. After this, from a new paragraph you should reproduce your request, indicating the type of leave and its duration.
  4. Under everything written above, you will need to put the date of the document and your own handwritten signature.

If you have difficulties with how to write a vacation application, you can ask your company for a sample vacation application form - as a rule, the employee responsible for personnel production (or an accountant) always has it on hand. You can also make a statement using our example (it is given below).

Child care up to 1.5 years and up to 3 years

By law, an employee is required to draw up an application for leave to care for a child within two weeks after the end of maternity leave, which includes 14 days before and after childbirth.

The document is signed personally by the parent granting release from work. Exemption from work to care for a newborn is granted to both men and women.

The document will be accepted by the employer if:

  • child's birth certificate;
  • certificates stating that the second parent has not received leave from work for the same purposes;
  • certificate of guardianship (if the parents are not caring for the baby).

Documents are provided to the employer or personnel department employees in the original. Parents and unemployed relatives who plan to stay with the baby can get leave to care for a child under 1.5 years of age. In this case, the period when the person worked in the organization is not taken into account. The request is considered even if the employee has only worked for a few months.

During the absence of a person, they do not have the right to fire him. Also, the employer cannot provide him with another position. If the request is submitted by a relative who does not have a job or a student, the document is reviewed at the social protection department at the registration address.

After the sick leave for childbirth is closed, the countdown of rest days begins. In the absence of a completed maternity leave, the document must be submitted within a two-year period after the birth of the baby. The exemption period officially ends when the child turns 1.5 years old. The benefit is not reimbursed if the document is submitted after the child reaches this age. To avoid this, submit an application to care for a child under 3 years of age.

The document is drawn up in a similar way to the previous one, but a different period is indicated. The form is provided by the HR department or management. After this, the employer draws up an order for calculating benefits, a copy of which is available in the accounting department. Payments are made on its basis.

The paper is drawn up according to the following template:

To the head of LLC "Central"

Zakharchenko A. S.

from the seller

Maksimova A. Yu.

Statement

I ask for parental leave from October 7, _____. Please give me a monthly allowance. I am attaching the application (documents and certificates are listed).

Date: 09/06/____ Signature: Maksimova A. Yu.

Sample application for annual leave

The application for annual leave of the 2021 - 2021 model is no different in content and form from similar documents drawn up in previous years. Therefore, when drawing up an application for your next vacation, you can use the sample that you have already used in previous years.

Many companies have adopted the practice that such a document is not specifically drawn up and submitted if the employees were previously familiarized with the vacation schedule by signature. If the employee does not need to postpone his vacation for a certain period, then an application for annual paid leave is not required.

You will learn more about this vacation approval from our article “Vacation schedule - form and sample for filling out in 2021” .

For pregnancy and childbirth (maternity leave)

Maternity leave is not included in the exemption from work to care for a child. The request to receive it has differences:

  • provided for a period of 140 days (70 days before and after childbirth);
  • provided for a period of 194 days (in case of simultaneous birth of more than one child);
  • provided for a period of 156 days (in case of complications during childbirth).

The rest period is not revised if the woman has a delay or the birth occurs prematurely.

The application is drawn up in a standard form and then given to the employer. A sick leave certificate is provided along with the document. This document is drawn up at the antenatal clinic after the thirtieth week of pregnancy. The form indicates the desire to receive maternity benefits. After this, the employer signs the paper, entering the date from which the rest period begins.

Receiving an exemption from work due to pregnancy is the legal right of every woman, which cannot be denied to her if the necessary conditions are met. A woman has the opportunity to refuse rest while continuing to perform her duties at work.

Sample:

To the head of LLC "Central"

Zakharchenko A. S.

from the seller

Maksimova A. Yu.

Statement

I request maternity leave from October 7, 2018 to February 24, 2021.

Date: 09.19.2018 Signature: Maksimova A. Yu.

Sample application for annual leave if it was not planned

The application for annual paid leave of the 2021 - 2021 model (if it is unscheduled) is slightly different from the form given above. So, if an employee plans to go on additional or unplanned leave (it can be paid or unpaid), then he must indicate the basis for its provision.

An application for paid leave of the 2021 - 2021 model must also contain a description of the reason if the applicant does not intend to go on another vacation, but is going to study, for example.

Before going on leave due to pregnancy, you should also indicate the reason - reaching the 30-week period - and provide the corresponding document-basis issued by the medical institution.

How to write a vacation application correctly in the above cases? In these situations, another phrase is added to the sample annual leave application indicating the basis document (it should be attached to the submitted document).

Unpaid types of leave can also include parental leave - to find out how to apply for it, you should read our article “Application for parental leave - form and sample” .

Is it necessary for an employee to familiarize himself with the order for granting leave, how to do this, and is there liability for failure to familiarize the employee with such an order? Answers to these questions were given by specialist of the Ministry of Labor and Social Protection V.V. Abrosimov. You can get acquainted with the official’s opinion by obtaining trial demo access to the ConsultantPlus system. It's free.

If the administration pays

Vacation periods are annual at the expense of the employer. The minimum duration of one part is two full calendar weeks. But besides them, employees often request leave without pay. There is no sample application for annual paid leave in the legislation, therefore, it is drawn up in any form. Like any other petition, it must contain the details of the applicant and addressee, the number of days of rest and its type.

But you don’t always want to go for a walk all the days at once. If the employee intends to break this period into parts, then one of them should not be less than 14 days. Therefore, you will have to take at least 14 days off once, and the remaining days can be divided into convenient periods.

Is there an approved leave application form?

The vacation application for the 2021 - 2021 sample does not have a strictly approved format. At the same time, an application for the next vacation, as we have already found out, may not be submitted at all - the HR department in this case must only draw up and promptly transmit to the employee the appropriate notice of the date and duration of the planned vacation (clause 3 of Article 123 of the Labor Code of the Russian Federation) .

Therefore, based on the fact that the vacation application form has not been approved by anyone, you only need to follow the general rules adopted in office work.

Features for new employees

The right to rest is enshrined in the Labor Code of the Russian Federation for everyone with whom an employment contract has been concluded. According to the law, it is enough to work for six months to go on vacation. If the schedule has already been approved, then the rest is provided out of sequence. To do this, you must submit a correctly drawn up vacation application addressed to the manager, which must be endorsed by him. If the administration has no objections, then it is transferred to the HR specialist to issue an order.

The law does not contain rules on how to correctly write a vacation application, so you can compose it in any form, making sure to indicate the desired dates. This does not mean that this particular period is agreed upon, but usually wishes are taken into account.

An example of an application for leave when rescheduling it

An application for vacation of the 2021 - 2021 sample, in case of its transfer, can be drawn up according to this example (the sample text must be written in the application part of the document):

“In accordance with the approved order No. _ dated _ vacation schedule, the next paid leave should be granted to me from January 28, 2021 for a period of 28 days.

According to Art. 124 of the Labor Code of the Russian Federation, I ask you to postpone the start date of vacation to June 18, 2021 for the same period.”

In the event that there is a need to take advantage of only a few vacation days and take the rest later, then a sample application for part of the annual paid leave will look like this (we give a distinctive fragment from the text of the document):

“I ask you to provide me with a portion of the annual paid leave of 10 calendar days, starting from August 15, 2021.”

On leave with dismissal

If an employee has unused vacation days and plans to quit, he does not have to receive compensation and work two weeks. Instead, you can go on vacation and never return to work. If, of course, you have at least 14 vacation days left. If there are fewer of them, then you can try to negotiate and reduce the work for this period. But providing a vacation period followed by dismissal is the right, not the obligation of the employer.

If the organization agrees, you will also need to write an application for leave with subsequent dismissal. And in some cases, it depends on the rules that are established in the organization; they are asked to prepare even two separate appeals: one about granting rest, and the second about dismissal.

You can find out more and download sample documents in the following articles:

  • how to apply for leave followed by dismissal;
  • sample application;
  • sample order.

When to write

According to the norms of Russian legislation, a statement will have to be drawn up in cases where an authorized absence from work is planned. Therefore, every employee planning to go on annual, educational, maternity, unpaid or any other leave is required to submit a corresponding application to the manager. The functional purpose of this document is to initiate the process of drawing up an appropriate order, which will legitimize the specialist’s absence from the workplace and serve as the basis for the payment of funds due to him. In some companies, there is a practice according to which an employee who goes on vacation as scheduled does not write a statement. According to experienced personnel officers, this approach is fraught with certain risks associated with possible claims from inspection bodies, as well as incorrect calculation of the amount of vacation pay and their untimely payment. Also see “How to calculate vacation pay? Examples and formulas."

According to the norms of Art. 121 of the Labor Code of the Russian Federation, an employee is obliged to provide the employer with an application for annual basic paid leave no later than 2 weeks before the expected start date. You can write it in any of the following ways:

  • typewritten;
  • by hand - blue, purple or black ink;
  • using copying equipment.

The only condition: the document must be certified by the employee’s handwritten signature.

Principles of compilation

According to the rules of office work in Russian organizations, all documents drawn up by employees have a standardized structure. To write a vacation application correctly, you need to take an A4 sheet, visually divide it into 4 parts and place the text in accordance with the following principles.

  • In the upper right corner there is a so-called header, which includes the surname and initials of the head of the company, his position, as well as the surname, initials and position of the employee who compiled the document. In addition, the name of the structural unit of the company where he works.
  • Below in the middle of the page is the name of the document. Please note: it must be written in capital letters.
  • Then, from a new paragraph, write the main part containing a request for one or another type of leave.
  • The resulting text is certified by the employee’s handwritten signature.
  • At the bottom, he must put down the date the document was compiled.

An application for annual paid leave is written using the same principle. The 2021 pattern is no different from those in effect a few years earlier. The document must be drawn up in accordance with the following rules:

  • the type of leave must be indicated: main or additional;
  • the vacation period and the desired start date are prescribed;
  • if the specialist’s absence was not planned in advance, a compelling reason for providing time to solve personal problems or rest is indicated.

Please note that in order to comply with the requirements of the Labor Code of the Russian Federation, annual paid leave must be calculated and paid no later than 3 days before it starts.

If the application is submitted less than 4 days before the planned start date of the vacation, the accounting service may not have time to carry out the necessary calculations. Consequently, the employee is obliged to make a note stating that he does not object to the transfer of vacation pay at a later date.

Registration of leave according to the Labor Code of the Russian Federation

According to the Labor Code of the Russian Federation: vacation is a certain period when a person is released from his work duties. Article 122 of the Labor Code of the Russian Federation states that this is the right of every person who has worked in a certain company for more than six months.

In addition to annual leave, the Labor Code contains other types of leave:

  • additional - prescribed to people working in enterprises of particular complexity or in difficult conditions;
  • educational - provided to people with a certificate from the educational institution;
  • maternity leave - issued to women for a certain period before pregnancy and after childbirth;
  • for child care - assigned to parents for a period of one and a half to three years after the end of maternity leave;
  • free - provided to employees to solve family problems.

In the Basic Law of the Russian Federation, the duration of each type is regulated by paragraph 5 of Article 37. Annual rest is paid in the amount of one salary. If necessary, the rest period is postponed.

The procedure for granting exemption from scheduled work is drawn up in accordance with Art. 123 Labor Code of the Russian Federation.

The employee retains:

  • place of work;
  • the position in which he is listed;
  • salary amount.

The Labor Code of the Russian Federation states that an employee has the right to receive release from work regardless of the basis on which he works: permanently, temporarily, or part-time.

To approve the request, the employer may additionally require:

  • certificate confirming incapacity for work due to pregnancy;
  • a certificate confirming that the session has begun at the university.

The request goes through two authorities: the director and the accounting department. Submitting a document to the accounting department without the director’s signature is not allowed.

Transfer of annual leave at the initiative of an employee of the Labor Code of the Russian Federation

If it is necessary to reschedule vacation dates, when the organization’s regular vacation schedule has been prepared and approved, the employee must write a statement indicating:

  • start date and duration of leave in accordance with the schedule;
  • the start date and duration of the new period when rest is required;
  • the basis for which the need for transfer arose.

It is advisable to document the justification by attaching it to the application. It could be:

  • a certificate from the antenatal clinic, if the transfer is related to the desire to go on vacation before maternity leave;
  • an order on the provision of annual paid leave at the place of main work, when working part-time;
  • a certificate from the university when leave is taken for the period of the session, etc.

Sample application for rescheduling leave for family reasons

An example of an application to reschedule the holiday that every employee is entitled to every year.

In cases of postponement of leave related to production needs, the employee’s consent and written documentation in the form of an application are required. It must contain the following phrase:

I, full name with the transfer of annual paid leave scheduled for the period (indicate the start and end dates in accordance with the vacation schedule), I agree (agree).

Do I need to submit if I have a schedule?

An application for another vacation does not always need to be written. In most cases, the employer plans in advance how the staff will rest next year.

Such planning is convenient for both employees and management. A person can decide in advance on plans for future vacations, and the director will be confident in the uninterrupted work process.

If the schedule is drawn up, and it defines the start dates and duration of the work holiday, then the employee does not need to write a statement.

The application is submitted in the following cases:

  1. Vacation dates are not set in the schedule.
  2. The employee wants to go on vacation at a time other than planned.

The first case may be due to the absence of the schedule itself at the enterprise or to the failure of an employee to be included in it. The reason for this may be hiring in the current year.

The second case can arise both at the initiative of the employee and the employer. Changes can be made at the scheduled time if both parties agree.

The application can be written either at the request of the employee or in response to management’s proposal to postpone vacation dates to another date due to production needs.

If the schedule is drawn up and the employee goes on vacation exactly at the time specified in it, then this schedule will serve as the basis for going on vacation.

The employee does not write a statement.

The employer will need to ensure that they notify the person when their holiday period begins, at least 2 weeks in advance.

Violation of this rule is a violation of labor laws for the employer.

If the director does not notify about the start of the scheduled vacation 2 weeks in advance, the employee will have the right to choose vacation dates at his own discretion and transfer it to convenient dates.

Notification will be considered either a written document indicating when the next vacation begins, or familiarization with the schedule against signature upon its preparation.

How many days in advance should I apply?

There are still no clear deadlines for filing an application for annual leave in the Labor Code of the Russian Federation. However, it refers to the employer’s obligation to pay for the next vacation provided no later than 3 days in advance.

If vacation pay is paid later, the employer becomes liable, including the obligation to calculate compensation for days of delay.

Theoretically, an employee is not limited in the timing of filing an application, but in practice it is recommended to take into account this obligation of the employer and submit an application at least 3 days before the start of the desired leave.

Depending on the situation, the employer can either agree to provide the next paid vacation on the dates specified in the application, or make proposals regarding the vacation dates.

Based on the results, a vacation order is drawn up, which serves as the basis for making changes to personnel documents and accruing vacation pay.

How to write to provide annual paid leave to an employee?

The application can be completed on a regular sheet of paper, indicating at the top the full name and position of the manager, as well as information about yourself.
The text may contain the following information:

  • request for annual paid leave;
  • duration of rest in calendar days;
  • the start date of the vacation period and the end date do not need to be written; the personnel officer will calculate it independently;
  • reason for granting vacation - should be written if the employee wants to get a vacation during a period other than that specified in the schedule. To convince the employer of the need to change vacation dates, it is better to indicate as good a reason as possible;
  • signature and date.

How is a visa stamped on the form?

The completed form is submitted to the personnel service, your superiors or other responsible person.

The issue of granting the next vacation is agreed upon by the manager. The director is not always obliged to provide labor leave.

The Labor Code of the Russian Federation stipulates cases when, upon application, an employer is obliged to provide rest to an employee. For example, when a pregnant employee submits an application, provided that the leave is taken out immediately before maternity leave.

An executive visa is almost always indicated on the application form.

It serves as a signal for issuing an order or refusal to an employee.

The HR specialist, having received an application with the manager’s resolution, will be able to understand what to do next.

If he agrees, the director can write “I don’t object” or “Give 14 calendar days leave from June 16, 2021” or other wording.

There are no strict requirements for the director’s resolution on an application for leave.

The employer is not obliged to install it if there is no such need.

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