How to write an application for leave at your own expense and what is important to take into account

Life dictates different circumstances, which are not always combined with the work schedule and routine. If a person needs to be present for some time not at work, but in another place, the employer can help him by providing leave without pay, if this does not contradict the interests of the business. And sometimes the employer is simply obliged to let his ward go for a few days.

In the legislation, provisions on unpaid leave are found only in Art. 128 of the Labor Code of the Russian Federation, therefore, managers and lawyers have to deal with the intricacies, nuances and related documentation, regulating them with local acts.

Leave without pay (WW) - “what do you eat it with”?

Concepts synonymous with this are “unpaid leave”, “at one’s own expense” and “administrative leave”. All these terms refer to free days allowed to an employee at his request, for which no payment is accrued. These days are not related to basic annual leave, additional paid leave, weekends and holidays.

REFERENCE! All types of leave are prescribed separately in the Labor Code, which means they do not affect each other. Even if the employee has already gone on annual and additional leave due to him, no one has the right to prevent him from asking for days at his own expense and obtaining permission, if this is the will of the employer or the established legislative norm.

Advantages of administrative leave related to work activities:

• preservation of the employee’s job (one cannot be dismissed from such leave, except during the liquidation of the enterprise);
• exclusion of the period of administrative leave from the calculation of the average monthly salary (the amount does not become less due to an additional non-working period);
• the vacationer retains the right to tax benefits for these periods;
• Leave without SWP does not affect the calculation of financial assistance for the birth of a child.

Disadvantages of such a vacation:

• lack of any payment for these days;
• illness during this leave does not give the right to sick pay;
• time away from work does not count toward retirement, because contributions to the Pension Fund do not go into the period of absence of salary;
• such leave does not count towards the probationary period if it was taken during its completion.

NOTE! If an employee was released at his own expense for a period of more than 2 weeks in total for the year, then his “working” year will shift by a number of days exceeding 14, that is, these days will not be included in the length of service (Article 121 of the Labor Code of the Russian Federation).

What is leave without pay?

For compelling family reasons or other reasons, employees may be granted unpaid leave.
This is what is usually called leave without pay or at your own expense. It is calculated only in calendar days. Leave without pay is included in the length of service, giving the right to a paid annual break from work in an amount not exceeding 14 calendar days per year. If the employee took more rest at his own expense, then starting from the 15th day the work period shifts.

Is the employer obligated or entitled?

The manager has the right to decide whether the employee’s vacation will affect the work of the enterprise and whether he can afford it. But there are a number of reasons, enshrined in the Labor Code, when the employer’s opinion on this matter is not taken into account.

Vacation cannot be denied

The law regulates situations when refusal to leave without pay for up to 5 days is unlawful:

• the arrival of a newborn in the family;
• wedding of the employee himself;
• death of loved ones.

ATTENTION! Regarding the last point: the law does not define the circle of loved ones whose death may become a mandatory reason for a vacation without SWP. Their list can be fixed in additional documents or in each specific case left at the discretion of the employer.

Events that may lead to mandatory administrative leave are in no way related to each other: the employee has the right to leave work for 5 calendar days each time, even if these events happened one after another, and even more than once. The employer cannot refuse him.

Who else will definitely be released?

In addition to the unconditional reasons for leave, there are socially protected categories of workers who cannot be told “no” in response to a request for “non-monetary” leave. These include:

• employees who have reached retirement age (can take additional days off up to 2 weeks during the year);
• parents and widows of military personnel (up to 14 days);
• military spouses (have the right to extend their regular leave until the end of the spouse's leave);
• disabled people (up to 2 months);
• students without interruption from work (for entrance exams, intermediate certification of full-time students, defense of diplomas).

The employer will release at any time and for any reason (for up to 14 calendar days) if he is asked to do so by those mentioned in the collective agreement:

• father-mother of two or more children, if the children are under 14;
• caring for a disabled person under 18 years of age;
• single mother;
• father or other person in whose care a child without a mother (up to 14 years of age).

You may not let go

All other reasons for leave without SWP are assessed by management to ensure they are respectful. Theoretically, an employee can ask to be released for any reason and for any period of time, but the manager decides whether to meet him halfway.

INFORMATION! In a collective agreement, local acts, agreements, you can give reasons that in a given organization will give the right to temporary freedom.

If the manager did not consider it possible to agree to the employee’s request, then unauthorized departure on administrative leave is regarded as absenteeism, and the culprit may well receive a reprimand upon return and even be fired.

FOR YOUR INFORMATION! Not necessarily, but the boss has the right to demand from the employee a document certifying the reason given in the application. If the requirement was voiced, but the document was not provided after returning from vacation, then the time the employee was absent from work may be considered absenteeism.

Voluntarily and nothing else

The employer has no right to force an employee to go on unpaid leave in order to save on the required payments for downtime. If the labor inspectorate establishes this fact (for example, based on an employee’s complaint), the fine for the company may be 30-50 thousand rubles, and for the manager - 1000-5000 rubles.

When and how to write

The answer to the question of how to write an application at your own expense depends on the employee’s circumstances (for example, the death or serious illness of a close relative). Let's say employee Ivanov has a certificate of disability, and he wants to take leave without pay. He draws up a statement on a form addressed to the head of the enterprise, indicating the reason why he needs to rest.

Here is the sample application he has the right to use:

If there are no special reasons, but there is an agreement with the employer, you are allowed not to write anything. In this case, the application for leave without pay looks like this:

IMPORTANT!

It is allowed to indicate the start and end date of the vacation, but it is better to write a specific period during which the employee plans to be absent.

The law does not answer the question of when a document should be handed over to superiors, but it is advisable to do this at least a few days in advance so that the HR department has time to prepare the necessary documents.

We follow the procedure

Registration of vacations without SWP is in many ways similar to the protocol for regular vacations, but has a number of nuances.

1. Unpaid vacation days are not included in the schedule and are not reflected in it.
2. An employee cannot be recalled from this type of leave.
3. Exiting administrative leave earlier than stated is discussed with the employer on an individual basis.

What about replacement?

There are cases when an employee asks for a long unpaid leave, the employer agrees and invites a temporary worker to his position under a fixed-term contract. If a vacationer wants to return to duty earlier than planned, what should he do with a conscript?

It is necessary to study the employment contract concluded with the latter. If it specifies a specific event as termination, namely the departure of the main employee, then the conscript will be fired. If a specific date is indicated in the contract, then the vacationer in a hurry will have to wait.

Unpaid leave at the initiative of the employer

Russian labor law standards do not give entrepreneurs and organizations the opportunity to assign unpaid leave to their staff, even for a day. The initiative for absences “at one’s own expense” always comes from the employee, but never from management. If it is the employer who wants (or is forced) to stop work, this period is designated by the term “downtime.”

The difference is that downtime is assigned a salary if it arose due to the fault of the organization or objective circumstances. In this case, employee statements are not required, the registration procedure is completely different, all documents are prepared by the organization.

Calculation of holidays without SWP

In the accounting sheet, unpaid days unoccupied by employees are coded by a combination of letters or numbers with a code (one option is selected). The table shows generally accepted codes for types of holidays without FWP.

Application for leave for family reasons for 1 day

A working person spends most of the day at work, paying little attention to his family.
However, sometimes unforeseen events may occur that require his participation. Family problems that arise can sometimes be resolved in a day, but sometimes it will take more time. This may include situations such as (wedding ceremonies, funeral arrangements, meeting a relative with a newborn baby in the maternity hospital).

To take time off, the consent of the boss is not necessary; it is enough to notify him in a timely manner by submitting a request. Usually, in these circumstances, time off is documented. But, in order not to destroy relations with your superiors, it is better to obtain the consent of the official.

The sample request for time off for family reasons is the same as a similar document for other situations. Specific recommendations include the following:

• It is necessary to correctly formulate the reason for removal from work (briefly and clearly). If possible, bring supporting documentation.
• If you don’t want to explain the reason, then you can get by with the phrase “for family reasons,” but then you’ll have to tearfully ask your manager for a favor.

Note : Only persons who have worked for the company for more than 6 months receive the right to extraordinary time off. Exceptions include beneficiaries in accordance with the Labor Code of the Russian Federation.

Sample application

How to apply for leave at your own expense in 2019

A request for unpaid time off is not an approved uniform form.
Such a petition is filled out in a free style, but its structure must correspond to business letters of this kind. A request for administrative leave is usually written on a standard A4 sheet of paper, either manually or printed using modern technical means. The main condition of such a form is the personal signature of the applicant.

If an employee finds it difficult to draw up such a statement, a sample of such a form or a completed example can be found on this website. Often, business document templates at a company are posted on the bulletin board. As a last resort, you can contact the personnel department and ask for the form there.

Filling out a request for unpaid leave begins with the header of the form, which is located at the top in the right section of the page. The position, company name and full name are displayed here. director.

Below is written down information about the applicant, noting the position held, personnel number, structural department and full name.

Then, a little lower in the middle of the line the name of the form “APPLICATION” is displayed

Stepping back a little, the main section of the document is filled out, which usually begins with the phrase “Please ...” and then states a request for administrative leave, displaying its start date and duration. Considering that the allocation of such rest is not considered the responsibility of the company’s management, it is necessary to display the reason for the request.

Note. In the petition section of the request, you can display the usual reason “for family reasons,” but in order to convince your superiors of the need for such leave, it is advisable to display the actual reason or present irrefutable arguments about the impossibility of refusal, attaching the necessary certificates.

In this version, after presenting the main text, below you need to write the phrase “APPENDIX” and list the list of attached references.

If, when registering a request for administrative leave, a working person does not have the required confirmation - for example, there is no certificate of birth of a baby, which is issued later, then it is necessary to note in the request the date of provision of such a certificate.

At the end of the written request, you must put the date it was written and sign.