How to make changes to the vacation schedule after its approval: at the initiative of the employee or employer, when transferring, hiring a new employee

Vacation schedule

The Labor Code of the Russian Federation introduces the obligation to draw up a vacation schedule for employees and places it on the employer.
Art. 123 of the Labor Code of the Russian Federation explains that such a schedule is a document drawn up annually and approved by order of the manager. The vacation schedule has a number of features:

The document is drawn up and approved no later than the last 2 weeks before the new year.
Taking into account the opinion of the trade union committee (if there is one) when registering it is a mandatory procedure.
Once the annual schedule has been approved, the enterprise administration is obliged to adhere to it all year, just like the employees.
When creating a schedule, you need to take into account that some categories of employees have advantages when choosing vacation time. You can learn about how leave is granted and what the procedure is for this in the article Procedure for granting leave under the Labor Code.

The schedule can be drawn up in free form, but the T-7 form is often used, approved. Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, since it already provides for all the points required by labor law.

The vacation schedule must be approved by the head of the company. You can do this in 2 ways:

Issue a separate order approving the document, as well as other related actions for its execution, signed by the manager.
Provide an approval stamp in the schedule itself (as in the already mentioned T-7 form). In this case, an order to approve the vacation schedule will not be needed.

Two options for changing the schedule

You can adjust vacations in two ways:

approve a new schedule (which takes into account changes in vacations, dismissed or newly hired employees);
publish an addition to the existing schedule.

Both options must be documented, so issuing an order is mandatory.

The order for approval of the new schedule is no different from the one that approved the main civil defense, only the reasons for the change will be different (from those listed above).

And we should stop at the second option.

Can an employer change the vacation schedule?

A situation often arises when it is necessary to change the vacation schedule, since the document is accepted in advance for a long period and there is no way to take into account special circumstances, business needs, employee illness, etc.

The current legislation does not contain any rules indicating how and how changes and additions to the vacation schedule should be formalized. However, personnel service employees are of the opinion that registration of additions and changes is necessary for a number of reasons:

The irrelevance of the information specified in the vacation schedule may entail the imposition of penalties by the labor inspectorate, namely: the fact that it is provided outside the approved and agreed upon dates (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).
Unscheduled absence of workers from their workplace can have a significant impact on the company's production process.
Uncoordinated leave can interfere with the work of the accounting department, which in this case creates reserves for payment of relevant expenses.

You can modify your vacation schedule in several ways:

Making an addition to an existing document. This method is most convenient when hiring a new employee.
Making changes to an existing schedule. This method is convenient when rescheduling an employee’s planned vacation date.

In any case, it is necessary to take into account that in order to change the vacation time of a particular employee, his consent is required (see Articles 124, 125 of the Labor Code of the Russian Federation), and sometimes an administrative act of management dedicated not to changing the schedule, but to its reason (for example, an order to recall from vacation ).

Reasons

Employee initiative

If a hired worker needs to postpone his vacation to another date, he must first agree on this issue with the company management.

The Labor Code of the Russian Federation does not prohibit postponing vacation to another period if an appropriate management order is issued.

Employer initiative

Often, the main reasons for the direct employer’s initiative to postpone an employee’s vacation may be:

the emergence of urgent work that only a certain employee can fully cope with;
rapid reorganization of the enterprise;
possible commissioning of new modern equipment or updating of software that a specialist going on vacation during this period will have to work with in the future;
possible illness of the head of the workshop or department who is to be replaced by the employee;
immediate unscheduled inspection by various regulatory authorities;
the occurrence of sudden business trips.

In any case, it is necessary to remember one important nuance: transfer at the initiative of the employer is possible only with the prior consent of the employee. Moreover, this is clearly enshrined in the Labor Code of the Russian Federation.

Hiring a new employee

If new employees are hired into the organization during the calendar year, there is no need to change the vacation schedule.

This is largely due to the fact that the employer has every right to provide the required vacation days at any time after continuous 6 months of work. An additional condition for granting leave is considered to be the absence of damage to the organization.

If the company’s management decides to document this process, then it will be enough to create an additional appendix to the approved vacation schedule.

Moreover, in the “Notes” column it is necessary to indicate the period for hiring a new employee.

Last name change

If an employee changes his last name, he must notify the HR department about this.

Moreover, to correct his personal documentation, it will be necessary to draw up a corresponding application.

Based on the submitted application, the vacation schedule will be adjusted. More precisely, his last name will be changed, nothing more.

Transferring family leave

Leave for family reasons can be postponed on the basis of an application submitted by the worker and a signed corresponding order from the company management.

Based on the generated order, entries in the vacation schedule will be adjusted.

The applicant must be notified of the new schedule.

Due to sick leave

If we are talking about extending vacation on the basis of a worker’s illness, then there is no need to make any changes to the vacation schedule.

The only thing you need to remember is that you need to indicate the details of your sick leave in your vacation schedule.

If we are talking about postponing vacation, then this is possible on the basis of a sick leave certificate and a corresponding order from the company management.

Dividing your holiday into parts

According to Article 125 of the Labor Code of the Russian Federation, vacation has the right to be divided into parts. However, this is possible only with the agreement of the organization’s management.

Moreover, the part that is subject to “blocking” itself is the part whose duration is more than several weeks.

The basis for the division into parts is a written application from the employee.

After submitting an application, changes are made to the vacation schedule.

Change of position

When a position changes, adjustments to the vacation schedule are possible based on an order from the company management with prior agreement with the hired employee.

Changes are made by changing the position of the hired worker.

Dismissal of an employee

If the worker decides to take his allotted vacation and then immediately quit, then this fact must be noted in the vacation schedule.

This possibility is provided on the basis of an application provided by the employee and an approved order.

If the employee did not have time to take time off, he is entitled to monetary compensation. In this case, the vacations of other employees may be modified with their written consent.

Changing the number of days off

If an employee expresses a desire to split his vacation into parts, this is permitted on the basis of his written application and an approved order from the company’s management.

It is important to remember: the duration of one of the parts of the vacation cannot be less than 14 calendar days.

Changing the vacation schedule at the initiative of the employee

The vacation schedule can be changed not only at the initiative of the employer (if there is consent from the employee - Part 1 of Article 123 of the Labor Code of the Russian Federation), but also at the request of the employee himself.

Let us highlight the following features of the procedure that immediately precede a change in the vacation schedule at the employee’s initiative:

The employee must notify the employer of his desire to postpone the approved vacation to another date or change its duration. For these purposes, an application is submitted in the form approved by the organization (I ask to reschedule the planned (date) vacation, I ask to make changes to the vacation schedule - the sample application usually contains these or similar phrases). Important! Unlike going on scheduled leave, if the leave is postponed, you must submit an application (see article “Scheduled leave - is an application necessary in this case?”).
The employee must notify the employer in advance. The deadline for an employee to apply for a postponement of vacation is not regulated by the Labor Code of the Russian Federation. But the employer must be able, in accordance with the law, to carry out all the necessary procedures. For example, pay vacation pay at least 3 days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation).
In general, the employer’s consent is required to reschedule leave at the employee’s request.

These include workers under the age of 18, part-time workers, spouses of military personnel - the reader can find a complete list in our article “Is it necessary to draw up a vacation schedule?”

When providing an employee with a vacation not according to plan, the employer himself determines how such changes in the vacation schedule will be recorded: by approving a new schedule, additions to it, or by entering the relevant information into an existing form (see below).

Order to amend the vacation schedule

How to make changes to the vacation schedule? When circumstances arise at an enterprise that require changes to the current vacation schedule, you need to act as follows:

For the form and sample application for rescheduling leave, see the following materials:

“Application for transfer of vacation - form and sample”;
“Order on approval of the vacation schedule - sample (2020 - 2021).”

For how long to store applications and orders in the archives of the enterprise, read the article “What is the storage period for applications and orders for leave?”

Example

According to the vacation schedule, O.Yu. Kovalchuk, an employee of Zvezda LLC, must go on vacation from 06/07/2021 to 07/04/2021.

Close relatives unexpectedly come to visit him. Knowing his right to postpone his vacation, he writes a statement to the head of Zvezda LLC and asks to postpone his vacation for personal reasons from June 7 to May 17, 2021.

The manager, having no compelling reason to refuse the request of employee O.Yu. Kovalchuk, orders the issuance of an order to postpone the vacation and make appropriate changes to the vacation schedule.

Sample addition to the vacation schedule. Additional vacation schedule for new employees

If other persons are employed during the working year, there is no obligation to make changes to the vacation schedule. By agreement with the head of the enterprise, it is possible to grant leave at any time upon a written application from the employee.

But when deciding on documenting the vacations of such employees, it would be reasonable to draw up a new schedule (addition to the existing one). In this case, the procedure for its implementation will be similar:

When filling out the unified T-7 form, there is no need to issue an order approving the new schedule. But at the same time, in the “Notes” column you should indicate the date the employee started working.
When drawing up a vacation schedule in free form, it is necessary to issue an order from the manager approving the specified document and agreeing on the schedule with the trade union.

The procedure for drawing up an addition to the vacation schedule will be similar to the procedure for drawing up the main document.

A sample supplement to the vacation schedule can be downloaded here: Sample supplement to the vacation schedule.

Contents of the document

The schedule can be drawn up in the form established at a given enterprise or in accordance with the unified T-7 form.

Structure of the T-7 form:

At the very top the name and codes of the organization are indicated.
Next comes the name of the document, its number, date of preparation, and for what year it is compiled.
The next column will contain the signature of the manager with a transcript and the date of approval of the new schedule.
Table.

The table contains ten columns:

the first indicates the department of the organization (accounting, personnel service, etc.);
the next column indicates the position of the employee;
the third indicates the employee’s full name;
personnel numbers, if accepted at the enterprise;
in the fifth column the days allotted to the employee are entered;
the sixth indicates the planned date of vacation;
the next one is the actual date. To be filled in after its implementation;
eighth and ninth for making changes;
the tenth contains notes.

Columns one through six are required to be filled out; this is done by the head of the personnel service.

He also indicates his position and initials, signs and submits it to the head of the organization for approval. The remaining columns remain blank; all information will be entered into them as vacations are implemented.

If the schedule is not drawn up according to form, it must reflect:

a list of all employees of the enterprise;
for each employee, the number of vacation days allotted to him is indicated - basic paid and additional paid (if any);
dates when the employee is expected to go on vacation. This can only be a month, or maybe specific dates of the month. If you specify one month, you must make a footnote in the local regulations stating that the employee must submit an application two weeks in advance. Then the employer will have enough time to prepare the vacation pay calculation. If dates are indicated, then there is no need to write an application; the employee will be on vacation in accordance with the schedule;
Each employee puts his signature in a separate column indicating that he has read the schedule;
You can add the column “I have read the changes.”

Change of vacation date. Issuing an order to change the vacation date and replacing the schedule

If the employee’s expected start date for vacation changes, appropriate changes can be made to the existing schedule of the T-7 form as follows:

Column 6, containing information about the planned start date of the vacation, remains unchanged.
Columns 8, 9, 10 are filled in accordingly, namely:

Column 8 informs about the documents that served as the basis for transferring the vacation;
column 9 indicates the date of the proposed vacation;
Column 10 indicates the possible reasons that served as the basis for postponing the employee’s vacation.

In this case, the postponement of the start date must be formalized by an appropriate order of the manager, indicating the reasons that served as the basis.

All persons named in it must be familiarized with the order and signed. In addition, the employee’s consent to postpone the vacation is drawn up in the form of a separate document (for example, an application to postpone the vacation with a sick leave attached) or an inscription on the order signed by the employee.

If the vacation schedule was drawn up in free form, the procedure for making changes to it is similar to the previous one.

Making changes to the vacation schedule - sample

The HR department decides how to change the vacation schedule. The choice depends on the specific case.

New footage

What to do with the vacation schedule if, after its approval, new employees are hired by the enterprise?

There are 2 options:

1. Draw up an additional schedule. It is compiled only on the basis of data from new employees. The title indicates that this is an additional sheet to the main schedule.

2. Do not make any additions. Take into account vacations of new employees, using their vacation applications and issued orders as a basis. Record all information in your personal card.

Transfer at the request of the employee

The employee has the right to postpone the dates of his vacation or divide it into several. He needs to ask management about this in writing. The application indicates not only the reason for the transfer, but also the dates of the desired vacation (Article 124 of the Labor Code of the Russian Federation). The manager endorses the application. An order is issued. When form No. T-7 is used to draw up a schedule, the changed data is entered in columns 8 (transfer order number), 9 (new vacation dates) and 10 (you can indicate what exactly served to postpone the vacation).

A sample of filling out changes to the vacation schedule can be seen by downloading the file from the link below.

Review from vacation

At any enterprise, a situation may arise that will require the employer to call a vacationing employee to work (Article 125 of the Labor Code of the Russian Federation). This cannot be done without his written consent to go to work. New data must be entered into form T-7: in column 8 indicate the number of the order on the basis of which the employee interrupted his vacation, in column 9 - new vacation dates, column 10 indicate the reason and date of the employee's recall.

How to properly recall an employee from vacation, read Art. “We are preparing a recall from an employee’s vacation - a sample order.”

An employee can take unused rest days at any time during the current or next working year.

An employee may refuse to return to work from vacation, and the employer has no right to punish him for this.

An employer cannot recall pregnant women, people working in harmful and dangerous industries, or workers under 18 years of age from leave.

Their going to work will be considered a violation, even if the workers themselves want to go to work and give written consent to this.

Temporary disability of an employee

There are situations when an employee takes sick leave before or during vacation. Under such circumstances, he can either extend his leave for a period corresponding to the period of sick leave, or transfer it to other dates (Article 124 of the Labor Code of the Russian Federation), but no later than 12 months after the end of the working year for which it is granted. In this case, changes to the T-7 form are made in columns 8, 9, 10.

How to apply for extension and transfer of vacation in case of illness, read the articles:

“If an employee went on sick leave before vacation...”;
“How to extend vacation for the period of sick leave during vacation?”

ConsultantPlus experts explained in detail how to make changes to the vacation schedule if the employee’s leave before maternity leave was not according to schedule. Get trial access to the system and find out the procedure.

Violation of deadlines for payment of vacation pay and notification of the start of vacation

Untimely payment of vacation pay (Article 136 of the Labor Code of the Russian Federation), untimely notification of the start of vacation (Article 124 of the Labor Code of the Russian Federation) are good reasons for postponing the date of vacation. If one of these events occurs, the employee will only need to ask the employer in writing to postpone the vacation to the required dates, and he will not be able to refuse to reschedule the dates and will be forced to make changes to the vacation schedule.

New data is also entered into Form No. T-7 in columns 8, 9, 10.

Deadlines for determining vacations for employees

How many days in advance should I write a vacation application? Typically, the employer draws up a vacation plan for employees for the coming year, indicating the time of their provision in a special schedule.

The latter is subject to approval no later than 2 weeks before the start of the next working year.

Based on this schedule, employees must take vacations, and the employer must approve their vacation (before it actually begins), and:

Notify about the planned vacation against receipt (2 weeks before it).
Pay the required vacation pay in accordance with Article 136 of the Labor Code of the Russian Federation (for 3 calendar days).

Despite the fact that the vacation schedule is an important document, some deviations from it are acceptable.

Adjustment rules

Let's consider the sequence of actions performed in the process of adjusting the vacation schedule:

Making corrections

To be able to make adjustments to the current approved vacation schedule, the founder must sign the appropriate order. If an employee expresses a desire to reschedule leave, consent to the rescheduling must be obtained. The corresponding application is drawn up in the name of the founder of the enterprise in any form. Its approximate content looks like this: “I (full name of the employee) give my consent to the transfer of regular paid leave from June 20, 2010 to August 10, 2010.”
The transfer of the vacation period can be carried out by the founder of the organization. Only in this case will he have to obtain the employee’s written consent to transfer and determine the reason and method of using the allocated vacation pay in the future. It is also necessary to reimburse the unused part of the vacation in the form of financial compensation.
After this, based on the above documentation, the founder can begin to draw up the appropriate order. The content of the order may look like this: “I order that the full name be changed. employee’s part of regular paid leave corresponding to 10 calendar days for the period from 02/01/2015 to 01/30/2016.” The order should also indicate the basis for the transfer. This could be an internal memo, a statement written by an employee, or something else.
In addition to the manager, such an order can be signed by the employee whose vacation is to be postponed. The fact of signing corresponds to the expression of consent with the order and the entry into force of the document.
Often the vacation schedule is adjusted in connection with the assumption of a new employee. Each head of the organization must issue such orders, indicating a reliable reason for the adjustment.
For any changes to the schedule, certain data about the change is entered in Form No. T-7. For this purpose, columns 7, 8, 9 are used. Also, adjustments must be made to the personal card of each employee.

The rules for adjusting the vacation schedule are not complicated.

Grounds for postponing leave at the request of an employee in 2021

The employer does not have the right to refuse an employee to postpone fixed vacation dates in cases where the vacation time coincides with:

The time an employee performs third-party government duties, forcing him to be temporarily released from his main work activity.
Sick leave (and strictly for the employee himself, but not for family members).
Other situations fixed at the legislative level (including those specified in local regulations).

Also in 2021, a worker has the right to apply for a postponement of vacation dates (extension of vacation) for the unused number of vacation days (due to sick leave, other situations described above).

In this case, the reason should be documented.

A valid reason for postponing vacation dates at the request of the employee may be the employer’s violation of one of the deadlines significant for vacation (untimely payment of vacation pay or late notification of the start of the vacation period).

In this case, the employee has the right to demand from his superiors to postpone the vacation to another period (in accordance with the provisions of Article 124 of the Labor Code of the Russian Federation).

Do employees need to be made aware of the changes?

The vacation schedule is a local regulatory document, and by law, the employer must familiarize all employees with it against signature. When changes are made to the schedule, only the employee who is directly affected by them should be familiarized with them. There is no need to re-familiarize all other employees mentioned in the document.

There are several ways to perform this operation. Along with the vacation schedule, you can provide an introductory sheet in which a note will be made about the essence of the changes made, and the employee will put his signature next to it.

In addition, it is possible to provide in the order on the basis of which changes are made a separate column where the employee will also have to put a mark.

Inaccurate information in the graphics

Drawing up a cutting schedule

Commercial organizations are constantly hiring new employees or leaving old ones. Is there a need to adjust the vacation schedule that has already been drawn up? How to properly organize the work of an enterprise so that labor inspectors do not have any complaints or comments during inspections?

As mentioned earlier, the vacation schedule will be approved for the next calendar year no later than two weeks before the end of the previous one. However, the processes developing in the company never stop in one place. However, there are no specific instructions on this issue in the Labor Code. Also, a unified form for drawing up schedules has not been developed. It should be noted that this fact is very relevant for accountants and creates a lot of inconvenience in the process of work.

A standard schedule should always contain only current data regarding the time each employee goes on vacation. If the schedule is drawn up incorrectly, labor inspectors during the inspection may regard this fact as a violation of the current provisions of labor legislation.

Often, business owners are issued fines in accordance with Art. 5.27 of the Code of Administrative Offences. The amount of the fine facing such an organization may be 30,000 - 50,000 rubles.

Labor inspectors are also authorized to suspend the work of an organization for a period of up to 90 days. Employees responsible for compliance with all provisions of labor legislation may receive a fine ranging from 1,000 to 5,000 rubles.

It should be borne in mind that in reality, Rostrud inspectors rarely impose a fine on an organization. In most cases, the founder is given the opportunity to correct the identified violation and an appropriate order is issued. In case of failure to comply with the received order, penalties are guaranteed. It remains to figure out how the vacation schedule is adjusted.