Providing leave without pay Various life situations force officially employed citizens to contact their management with a request to arrange additional days off.
- When can I apply for 5 days?
- What to write in an application for unpaid leave
- How to count vacation in your seniority
To eliminate the possibility of a refusal, you need to know about the features of granting leave without pay .
What is hidden under the definition of leave without salary?
Paid annual leave is provided for a period of 28 days (in some organizations leave is provided for up to 40 days).
The need for unpaid leave arises in various life situations. For example, an employee is an athlete and must compete at regional competitions.
It is not advisable to refuse employees for good reasons.
According to the law, guarantees are maintained to the following extent:
- It is impossible to fire a worker who is on the weekend, regardless of whether it is paid or not. The exception is cases of liquidation of the company;
- the position during such days off is assigned to a specific employee;
- Pregnant women have the right to take maternity leave and claim tax deductions.
How to make money while on maternity leave?
The considered rules are enshrined in the Labor Code of the Russian Federation.
The disadvantages of taking leave without pay are:
- lack of income;
- the insurance period is not replenished;
- lack of opportunity to receive sick leave.
These are just the main disadvantages to keep in mind.
Important: it is recommended to take extra days off only if there are compelling circumstances. This is due to the peculiarities of calculating payments and calculating the insurance period.
If the initiator is an employer
Leave without pay is granted on the basis of a corresponding application submitted by the hired worker, indicating compelling reasons.
If an employee does not have the right by law to count on this type of rest, then companies must act on the basis of the Labor Code of the Russian Federation.
By prior agreement between the parties, the duration of unpaid days can be established. For example, a collective agreement may provide for a maximum duration for each individual situation.
In some cases, the employer himself initiates the leave - a necessary measure due to production downtime. Then a rate of 70% of the salary should be charged.
Gribenyuk M. works at PJSC Proletary as an engineer. Due to forced production downtime, he must stay at home for 10 days.
During this time, he should have been officially awarded 10 thousand rubles. However, in his situation, only 70% is charged, which is why he will only be paid 7 thousand rubles.
Companies do not have the right to force unpaid days.
If this fact exists, it is necessary to file a corresponding complaint with law enforcement agencies and the labor inspectorate in order to hold the employer accountable for the unlawful actions of the employer.
According to the Administrative Code, administrative liability in the form of a fine is:
- for officials – a fine of up to 5 thousand rubles;
- for the company – a fine of up to 50 thousand rubles.
In the event of a repeated violation, the organization’s activities may be suspended for up to 3 calendar months.
If the initiator is an employee of the enterprise
The procedure for drawing up the corresponding application already indicates that the initiator is an employee. This is especially true in the case of preferential categories of citizens (for example, working pensioners), who are entitled by law to additional unpaid days.
In this case, the employer does not have the legal right to refuse to provide free leave for a certain period.
Moreover, if there are compelling reasons, for example, registration of marriage, the company management also does not have the right to refuse.
When is administrative leave possible?
To understand when granting leave without maintaining basic remuneration is considered legal, it is necessary to refer to the norms of labor legislation.
In accordance with the Labor Code of the Russian Federation, this type of leave is provided:
- at the discretion of the employer (when the boss has the right to refuse to grant leave);
- at the request of a subordinate (when the boss does not have the right to refuse to grant leave).
Administrative leave at the initiative of the employee
A working citizen can go on long leave without pay if there are valid reasons (including family circumstances). The regulations do not contain a complete list of such reasons.
The reasons for such leave include the following:
- poor physical condition of family members or the death of one of them;
- baby care;
- the need to prepare any documents;
- registration or divorce;
- training, etc.
One of the reasons for granting unpaid leave to one of the organization’s employees may be marriage registration
The law provides for cases when management does not have the right to refuse an employed person’s request to provide him with leave without monetary security.
Table: duration of leave at one’s own expense, which the employer must provide
| Duration of administrative leave | Rationale |
| 5 days | This number of days is provided in the following cases:
|
| 10 days | Provided to employees receiving vocational education |
| 14 days | Relevant for the following persons:
Based on the collective agreement:
|
| 15 days | For a similar period, those employees who continue to study at universities have the right to be released from work without pay. |
| 3 weeks | Benefits are provided to heroes of Socialist Labor and holders of the Order of Labor Glory |
| 35 days | Leave is given to a WWII participant |
| 60 days | Leave of this length is provided to working disabled people |
| The time required to travel to the place of the next vacation and return back | This benefit is given to residents of the Far North and similar areas. |
| From the moment of registration by the election commission until the date of publication of election results | Leave is granted to registered candidates |
Administrative leave at the initiative of the employer
According to the law, an employee can go on leave without pay only on his own initiative, but the employer must express his consent or refusal. However, in practice something different often happens. Sometimes bosses are forced to send their subordinates on vacation without pay.
This is done based on the following reasons:
- production downtime;
- lack of funding;
- failure to fulfill obligations by counterparties, etc.
Downtime is a short-term suspension of the labor process due to economic, technological or organizational reasons.
However, downtime is not paid only if it is caused by a subordinate. If a situation arises when management asks an employed person to go on leave without pay, he may agree (then he fills out a corresponding application) or disagree with such a request.
It is worth keeping in mind that the employer does not have the right to force an employee to go on vacation at his own expense. This is considered a violation of current legislation. For forcing an employer to take long leave, the employer faces liability in the form of a fine:
- in the amount of 1 thousand to 5 thousand rubles. (for officials and employers-individual entrepreneurs);
- from 30 thousand to 50 thousand rubles. (for legal entities).
If management insists that an employee take unpaid leave, he, in turn, can go to court
Who can count on receiving unpaid leave?
By law, any employee can take administrative leave without pay.
Is it possible to take vacation in advance?
In order to complete it, it becomes necessary to draw up a corresponding application addressed to the company’s management, indicating the grounds and copies of supporting documentation (varies depending on the specific situation).
How to take time off?
Often, employees have situations in which they need time off. It is important to understand how to take leave at your own expense for family reasons. You must write an application addressed to the head of the organization.
It should indicate the reason, duration of absence, duration of leave. It is recommended to attach documents to the application that confirm the validity of the reason for absence from work.
Then it is more likely that the manager will agree to give the employee days off. If you have certificates proving the need for leave, you must indicate them in the application as attachments. If the employer agrees to allow the employee to take time off, then an order is drawn up and issued. Such an internal document is presented to the employee for review, against signature.
Expert opinion
Irina Vasilyeva
Civil law expert
It is important to wait for the order to come out. If an employee leaves early, this may be considered absenteeism.
How long can you take leave without pay?
If the duration of rest at your own expense is provided according to previously reached agreements between the parties, then the reasons for leave without pay in this case may play a key role.
At the legislative level, the minimum period is 1 day.
For beneficiaries, the number of days depends on the status.
For example, disabled people are entitled to a maximum period of leave without pay of 60 days.
It all depends on who (what category of citizens) is entitled to leave without pay based on the allocated benefits.
When can I apply for 5 days?
The grounds that give the right to count on a 5-day vacation are:
- marriage registration;
- the birth of a child;
- death of a relative.
Additional reasons include the discovery of a serious illness or the need to take exams.
Features for disabled people
Employed disabled people are described in detail in Article 128 of the Labor Code of the Russian Federation. It specifies the provision of days off at their own expense every year for this category of beneficiaries for a period of up to 60 days.
It is for this reason that the provision of a 5-day day off is carried out on a general basis.
We are talking about the need to draw up an application for leave without pay.
For pensioners
Pensioners can count on days off without pay. This right is established for them by the Labor Code of Russia.
The duration of unpaid leave is 14 days.
They don't let me go on vacation - what should I do? Types of leave and procedure for granting
At the same time, employers do not have legal grounds for deciding to refuse to exercise such rights by employed old-age pensioners.
In case of unlawful refusal, you should file a complaint with the inspectorate.
What the law says about part-time workers
The Labor Code makes it possible to take leave without pay at the same time as annual paid leave, which is taken out at the main job.
There are often situations in which the duration of vacation at the main job is 28 days. In this case, it becomes necessary to calculate the days of additional unpaid days off.
The maximum duration of unpaid leave depends on the specific situation.
In case of combination with education
Leave without pay is granted on the basis of Art. 173 and 174 of the Labor Code of the Russian Federation.
In this situation, an unpaid day off may be granted:
- for the purpose of passing entrance exams;
- during the session and passing state exams.
To receive it, you must provide documentary evidence from the educational institution.
Grounds for mandatory provision under the Labor Code of the Russian Federation
The Labor Code (Article 128) notes circumstances that allow employees who have written an application for days off at their own expense to clearly count on a certain duration of leave without pay.
Below is a list of reasons indicating the duration of rest at his own expense, for which the employer is obliged to accept the application and issue leave:
- 35 - participation in the Great Patriotic War;
- 14 - reaching retirement age and at the same time continuing to perform their labor functions (providing leave at their own expense to pensioners);
- 14 - death of relatives serving in the military, working as firefighters, police officers or correctional colonies;
- 60 - disability;
- 5 - wedding, birth of a child, death of a close relative;
- 15 - passing entrance exams, taking preparatory courses.
Refusal to grant leave without pay to the above-mentioned categories is a violation of the law.
By notifying the company management and writing a corresponding statement, the employee will not be punished if he goes on vacation.
In addition to the Labor Code, the norms for granting leave without pay are established by other legal acts. These include the Federal Law “On State Civil Service in the Russian Federation”, according to which a civil servant cannot take a vacation at his own expense for a period of more than 12 months.
If a specialist’s work activity is not related to the civil service, his vacation period without pay is not limited.
Teachers occupy a special position: they have the right to take time off from professional activities in order to improve their qualifications without any restrictions.
In addition to the list of reasons for rest without pay specified in the law, the employer can define its own conditions for provision, based on the specifics of production, and consolidate them in the local documentation of the enterprise.
Reasons why an employer may refuse
If, when writing an application for leave without pay, an employee indicated reasons not specified in Article 128 of the Labor Code of the Russian Federation or the collective agreement, then the employer has the right not to allow him to take unpaid leave.
The current legislation does not contain the specific term “valid reasons” for rest without pay; recognition of the degree of necessity and respect is assessed directly by the head of the organization.
If the reason stated in the application, in the opinion of the director, will negatively affect the company’s activities (decrease in production volumes), then the employee may be denied days off without pay. Such actions by the employer are completely legal and do not violate the labor rights of subordinates.
The refusal of the manager often becomes the cause of labor conflicts, the solution of which can only be found through the courts with very controversial issues.
What family circumstances can be considered valid?
The head of the company has the right to send any employee on leave without pay if he considers the reasons for such an event to be valid.
This phrase denotes situations caused by the employee’s family circumstances, which are significant for the employee’s absence from his workplace. The occurrence of such circumstances does not allow solving problems in the family without interrupting work.
Examples of valid reasons:
- caring for a sick relative,
- divorce through court,
- natural disasters that affected the fate of the family,
- conscription into the army,
- Kid `s camp,
- jury service.
But if one employer unconditionally signs an application for time off at his own expense, then another under similar circumstances may refuse to provide time off. And this will not be a violation of the employee’s labor rights.
The right to leave without pay for family reasons, recorded in the company’s local regulations (Article 263 of the Labor Code of the Russian Federation), can be used by:
- parents of 2 or more children (under 14 years old),
- parents of disabled children;
- single parents.
Regardless of the reasons for writing an application for unpaid leave, do not forget the norms of Article 121 of the Labor Code of the Russian Federation, which states that if the duration of rest without pay is more than 2 weeks, the calculation of the calendar year for assigning paid leave changes to the number of days exceeded.
Only 2 weeks at your own expense per year will be included in the length of service giving you the right to annual leave.
Days of leave without pay for more than two weeks will not be included in the vacation experience and the right to annual rest will not be given - more about accounting for leave at your own expense in the length of service.
When an employer does not have the right to refuse to provide leave
What it means to leave without pay has already been discussed above. Additionally, you need to know when employers cannot legally refuse.
In this case, we are talking about preferential categories of citizens who, by law, are entitled to an additional day off.
Among them are:
- pensioners;
- disabled people;
- veterans;
- participants in hostilities.
The full list of beneficiaries is specified in federal legislation.
How to write an application correctly?
An application is completed in free form.
But you need to adhere to the structure of the document. On the right side it is indicated to whom the document is being written and from whom. Then, from a new line in the center, the name is given - “Statement”. Below, from the paragraph, the text itself is written, the essence itself, where you can indicate a specific reason: registration of marriage, death of a relative, etc., the duration of the short-term period. The conclusion on the left will be the date of compilation, and on the right - the signature, surname and initials of the compiler.
Each enterprise, as a rule, develops template options for the design of standard documents. Therefore, it is recommended to ask for a specific sample and draw up a document based on the example. You can write an application for time off by hand or type it on a computer and print it out. There should be no crossing outs or corrections. Concealer cannot be used. Below is an example of writing such a statement.
Head of trading
Ivanova I.P.
sales manager
Sidorov Andrey Fedorovich
Statement
I ask you to grant me, Andrey Fedorovich Sidorov, leave without pay for a period of five calendar days, from 09/30/2019 to 10/04/2019 in connection with the registration of my marriage.
Attachment: copy of the certificate from the registry office dated 08/29/2019.
09/14/2019 (signature) Sidorov A.F.
The document should be drawn up correctly and accurately. It is necessary to draw it up in two copies: one is submitted for review to the authorities, and on the personal version of the document you must ask the secretary to put the date of reception, full name and signature.
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Design mechanism
How to apply for leave without pay is detailed in the Labor Code of the Russian Federation. The mechanism of action looks like:
- Drawing up a corresponding application.
- Submit together with documentary evidence of good cause to the employer.
- After this, an Order for leave without pay is generated.
It follows from this that when answering the question of how to take leave without pay, we can say that you need to follow a simple algorithm: drawing up and submitting an application; coordination and formation of the Order; vacation.
What to write in an application for unpaid leave
Russian legislation does not provide for a unified form of address.
Application for unpaid leave sample includes:
- Full initials;
- Grounds;
- Duration. How to calculate unpaid leave is quite simple. For example, if you need to apply for 2 days, you can take it before the weekend, then it will automatically increase, unless the person works shifts;
- Date of compilation.
A personal signature is required.
Example of an application for unpaid leave
What documents will be required
The list depends on the situation, for example, the death of a close relative is confirmed by an appropriate certificate.
Recalling an employee from leave due to production needs
At the birth of a child - documentary confirmation issued by the maternity hospital staff.
You must provide a copy of the document.
Formation of an order from the employer
A sample Order for leave without pay is provided for in separate articles of the Labor Code of the Russian Federation.
A document is drawn up in form T-6 and presented for signature for review.
After this, the Order is transmitted to the accounting department and personnel department employees.
Sample Order for leave without pay
What marks are placed on the personal card and time sheet?
In practice the following are used:
- OA – provided in accordance with the law;
- DO - with the permission of the employer;
- UD - getting an education.
A DB mark may also be given, which means additional annual holidays are provided. In essence, this is identical to ML, but there are still some differences.
HR department employees often combine OD and DB together. Eg. supply only OD or vice versa.
If due to forced production downtime.
During the period of forced production downtime, the employee must receive a rate of 2/3 of the fixed amount.
If you receive a smaller amount, you must file a complaint with the inspectorate.
Categories
Read in the article:
- What is the procedure for applying for leave without pay?
- What main points should an employer pay attention to when preparing documents?
The procedure for registering leave without pay (at your own expense) actually consists of two main stages: registering the employee’s application and issuing an order .
Stage 1. The written form of the application is mandatory (Part 1 of Article 128 of the Labor Code of the Russian Federation) (example 1). Employers may not take oral requests into account. The employee needs to make sure that the employer receives the application in a timely manner (before he or she is absent from work).
Failure by the employer to receive an application for leave at his own expense (even for employees for whom its provision is mandatory) may lead to the dismissal of the employee as absent for an unexcused reason (Appeal ruling of the Omsk Regional Court dated December 25, 2013 in case No. 33-8376/2013) . Before registering the application, the employer needs to check whether the reason for the leave and its duration are indicated.
SCIENTIFIC EDITOR'S NOTE
An employee who wishes to receive leave without pay for any family circumstances or other reasons important to him is not required to indicate these circumstances/reasons in the application if he does not want them to become known to a large number of people - it is quite enough if he informs about them to the manager orally. The legislator does not establish either a minimum or maximum period of leave without pay for family reasons or other valid reasons. The period is determined by mutual agreement between the employee and the employer (Part 1 of Article 128 of the Labor Code of the Russian Federation).
If the employer sees no obstacles to using vacation at his own expense, an order is issued.
Stage 2. As a rule, an order for granting leave without pay is drawn up according to the unified form No. T-6, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for recording labor and its payment” (example 2), but the employer has the right to develop his own form. The employee should be familiarized with the order upon signature.
Until the head of the organization makes a positive decision to grant the employee leave, the latter cannot take it[1]. According to paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (as amended on September 28, 2010), an employment contract with an employee can be terminated under clause. “a” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation for absenteeism, including for unauthorized going on vacation.
ARBITRAGE PRACTICE
The employee believed that she was on leave without pay by agreement with the employer: she submitted the appropriate application, the employer issued an approving visa. However, no order to grant leave was issued. The employer took disciplinary action against the employee for being absent from work. The court agreed with the employer’s arguments, pointing out that since the order to grant the plaintiff leave without pay was not issued, and the employee was absent from work without good reason, the employer had the right to bring her to disciplinary liability.
Appeal ruling of the Tambov Regional Court
dated September 23, 2013 in case No. 33-2717
After issuing an order to grant an employee leave without pay, a note about the leave should be made in Section VIII “Vacation” of the employee’s personal card - using the unified form No. T-2 or the form developed by the organization (example 3). There is no need to familiarize the employee with the entry in the personal card.
FOR YOUR INFORMATION
Since unpaid leave is not paid, there is no need to draw up a calculation note (unified form No. T-60) - it is used only for calculating wages due to the employee and other payments when granting him annual paid or other leave (Instructions for use and filling out forms of primary accounting documentation for recording labor and its payment, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1).
In connection with the provision of leave, it is also necessary to fill out a time sheet (unified forms No. T-12 or No. T-13) (example 4). The conventions for leave at your own expense are as follows:
- • if the leave is granted with the permission of the employer - “UP TO” or “16”;
- • if the employer is obliged to provide it - “OZ” or “17”.
conclusions
- The procedure for applying for leave at your own expense actually consists of two main stages: registering the employee’s application and issuing an order.
- A written application form is required.
- You should make a note about the vacation in Section VIII “Vacation” of the employee’s personal card and fill out a time sheet.
[1] Unless he refers to persons to whom the employer is obliged to provide such leave.
What does unpaid leave affect?
In the case of registration of the type of vacation in question, the hired employee is not accrued an officially established rate, but at the same time he is listed on the staff of the enterprise.
It follows from this that the duration of rest affects values that are directly related to the level of monthly income and the total amount of length of service worked.
Moreover, unpaid days off may affect the amount of, for example, sick leave.
How to count vacation in your seniority
It is extremely important for all citizens that the total amount of unpaid days for the reporting calendar year does not exceed several weeks, since in this case this rest counts towards the insurance period.
In case of rest in excess of the established limit, the period missed at work will be removed from the length of service.
Calculation of payments for temporary disability
In order to determine the amount of the required benefit for compulsory social insurance, it is extremely important to calculate the value of the rate for 1 day, and for the last few years.
Additionally, it is necessary to remember that non-working holidays should be excluded from this calculation.
Procedure for calculating average income
Unpaid and sick days must be excluded from the calculation.
Calculation of compensation for unused vacation upon dismissal
For employees, this state of affairs is beneficial, since the average income will be significantly higher.
Pension and insurance period
The procedure for calculating the total amount of insurance coverage in the event of retirement is completely similar to that provided for the purpose of determining the actual time worked for calculating payments when going on official paid annual leave.
In other words, if the total period of rest time is less than two weeks per year, then the specified time must be included in the total insurance period of a particular person. Otherwise, it becomes necessary to subtract the difference.
There are no complications in this calculation procedure, which reduces the likelihood of misunderstandings between the employee and the employer to a minimum.
