When it is possible to postpone a vacation at the employee’s initiative - examples of good reasons, sample documents

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Published: 05/29/2016

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Even the vacation date approved in the schedule can be postponed if the need arises. Plans go wrong far more often than they come true.

But it should be understood that the vacation schedule is a document created and approved in accordance with labor legislation, therefore changes must be made to it legally.

• Types of vacations and rules for transferring them Vacation at your own expense (without saving your salary)
• Maternity and maternity leave
• Holiday to care for the child

Transferring family leave

The legislation provides for the possibility of postponing leave for family reasons if the employee has not yet been paid as vacation pay, and also has not been notified of the imminent time of rest. The employer has every right to establish his own procedure for replacing vacation time in the organization, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the organization’s management may accommodate the employee halfway if circumstances force him to take urgent leave. An example of such a situation could be a sudden illness of a close relative or one’s own disease, which is difficult to cure and leads to disability of the citizen in the future or today.

It will not be possible to obtain the right to change the start date of vacation due to one’s own wedding or the wedding of relatives, since these are not serious and compelling circumstances, and if the collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take namely time off, without touching or changing annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the priority of vacations is provided based on the appropriate schedule, which is adopted no later than two weeks before the new calendar year. At the same time, execution of the schedule is mandatory for each party to the labor relationship, therefore any changes to the existing plan must be formalized by mutual agreement of the parties.

Order

on the transfer of annual paid leave

Due to the fact that during the annual paid leave (from 02/10/2014 to 02/28/2014), correspondent Leonid Nikolaevich Sharkov was temporarily disabled for four calendar days (from 02/18/2014 to 02/21/2014) (temporary disability certificate dated 02/18/2014). 2014, series BB N 12345678), guided by Article 124 of the Labor Code and based on the application of L. N. Sharkov dated 03/03/2014

I order:

1. Transfer four calendar days of L.N. Sharkov’s vacation to the period from June 16 to June 19, 2014.

2. Accounting department to recalculate vacation pay.

3. The head of the HR department should make changes to the vacation schedule.

I have read the order:

Sharkov, 03/06/2014

If an order has already been issued to grant the employee leave, it must be cancelled.

An order to postpone vacation must be registered in the order established by the employer, for example, in the journal for registering orders (instructions).

The order to postpone the vacation must be familiarized to the employee against signature, and if he refuses, a corresponding act must be drawn up. Additionally, on the order itself, you can make an inscription about refusal to familiarize yourself with the order. Of course, drawing up an act and writing on the order are not provided for by law for such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of rescheduling a vacation).

Now you need to make changes to the vacation schedule, time sheet and, possibly, to your personal card. Amendments are made to the last document if an entry on the provision of annual leave has already been made in it and the dates of leave change due to the transfer. To adjust the vacation record, in section. VIII “Vacation”, after recording the leave that is being transferred, you should indicate how many days of leave were used, as well as the fact that the rest of the leave was transferred. As a basis for making such an entry, it is necessary to reflect the details of the order to postpone the vacation.

Regarding changes to the vacation schedule (unified form T-7), we say the following. Some personnel officers issue a separate order to make changes to the vacation schedule, but we believe that this is not necessary. Especially for recording the transfer of vacation, the schedule provides columns 8 “Base (document)” and 9 “Date of proposed vacation”: they indicate the details of the order to transfer vacation and the new rest period agreed with the employee.

Column 10 “Note” of the vacation schedule can also be filled out by a personnel employee when rescheduling vacation. For example, you can enter the reasons for postponing the employee’s vacation (for example, “The vacation was postponed due to a delay in the payment of vacation pay”). However, since the vacation schedule is almost always checked by GIT inspectors during control and supervisory activities, personnel officers independently determine whether to fill out column 10 or not.

Transferring vacation to next vacation

The law prohibits transferring vacation to the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

In such circumstances, it is possible to postpone vacation, but only if both the employee and the employer agree to such changes, and this will not cause any difficulties or problems for the organization as a whole.

If circumstances arise that require a change in the start time of vacation, an increase in the duration of vacation is allowed if the employer and employee jointly determined such a decision as the most beneficial solution for both parties.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

1. Notifying employees at least two weeks before the start date of the vacation.
2. Payment of vacation pay no later than three days before the start date of the vacation.

If any of the conditions are not met, the employee cannot be sent on vacation.

Summarize

In conclusion, let’s briefly talk about the sequence of actions of a personnel employee when registering a transfer of leave for an employee. So, if there are reasons for postponing vacation both on the part of the employer (late payment for vacation, failure to notify the employee about vacation at least two weeks in advance, etc.) and on the part of the employee (temporary disability, family circumstances, etc.) and their documentary confirmation an order is issued to postpone the vacation. Based on such an order, the vacation schedule, personal card and time sheet are adjusted.

Transferring vacation to next year

Annual paid leave cannot be replaced either by a compensation payment, except in cases of dismissal of employees, or by transferring the rest period to the next year. However, like any rule, this norm has exceptions.

Vacation appointments are regulated in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year. An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins working. The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is clarified that leave can be granted at any time of the working year, regardless of the “convenience” or “wishes” of the employee of the enterprise.

If, due to some serious circumstances, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time over the next 12 months, as well as combined with the vacation of the next working year in full or in part.

It is impossible to replace a vacation not taken with compensation, so you can only take it off. It is allowed to go on vacation several times a year if the employee thus uses all rest days in full. Payment of compensation is allowed only for that part of the vacation that exceeds the 28 calendar days established by law.

Is it possible to transfer at the initiative of the employee?

Postponement of leave at the request of the employee is permitted if there are sufficient compelling reasons. It is important to remember that the employee must exercise the right to receive a vacation period during the working year.

If an enterprise does not provide an employee with compulsory leave for two years in a row, this is punishable by law. It is also prohibited not to give annual rest to employees who work in harmful and dangerous conditions or are minors (under 18 years of age).

There are often situations when an employer does not make concessions to a subordinate and violates his rights by refusing to reschedule his vacation.

Management, for economic reasons, draws up a schedule of annual days off for employees in such a way that this does not interfere with the smooth operation of the enterprise.

But there are situations when company management, by law, can refuse to reschedule vacations, these include the following:

• rest dates have already been approved by the schedule and agreed upon with employees;
• The reason for postponing vacation days is not included in the list of valid reasons.

Expert opinion

Irina Vasilyeva

Civil law expert

An employer’s refusal to reschedule a vacation at the request of a subordinate often becomes the cause of labor disputes that have to be resolved in court. In most cases, the court sides with the workers.

How to transfer a vacation

The transfer of leave is formalized upon submission of a corresponding application from the employee or upon issuance of an order of the same name, when the date of leave changes at the will of the employer. In this case, only the employer bears responsibility for the unlawful use of the opportunity to transfer vacation without the will of the employees.

Employees of the organization have the right to receive the following types of leave:

1. Annual basic and additional, which are provided due to the employee completing one working year at the enterprise.
2. Study leave, which is most often granted to student workers for a session or exams.
3. Maternity leave, which is leave for medical reasons, which includes periods of rest for the employee in the period before and after childbirth.
4. Child care leave granted until the child turns three years old. The legislator specifies that the employee can leave it at any time convenient for himself, as well as extend his vacation for a short period.

It is impossible to replace vacation or transfer it to certain categories of employees, as this is prohibited by mandatory legislation.

Such employees include the following categories of citizens:

• workers who are employed in hazardous and hazardous industries;
• workers who have not reached the age of majority.

The employer will not be able to change the vacations of such employees even if they apply and request, since this norm of labor law is mandatory and is subject to full execution in accordance with the law.

Order to postpone vacation

To apply for a transfer of leave, a corresponding application must be received from an employee of the organization or compelling circumstances must arise at the enterprise that preclude the departure of any employee during a certain period. In each case, a corresponding order is issued.

The document must contain the following information:

1. Name of company.
2. Information about the head of the enterprise.
3. Title of the document.
4. Grounds and reasons for postponing vacations.
5. Responsibility for rescheduling vacations.
6. The person who must create an updated vacation schedule if this is not done by the employer.
7. Signatures for familiarization with the document of all participants in the order.
8. Date of compilation and signature of the manager.

The law establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for the further conduct of business at the enterprise. This way you can avoid confusion and loss of necessary documents, as well as protect both parties from illegal actions.

Application for transfer of vacation

An application from an employee to postpone vacation is drawn up in free form, but it must fully reflect the situations in which there is a need for “shifts” in the established rest schedule of the organization’s employees.

The application must:

• be drawn up in the name of the head of the organization;
• have personal information about the employee, as well as his position;
• contain a request to postpone vacation;
• establish a valid reason for rescheduling vacations, since the wording “for family reasons” is not valid;
• contain the date and signature of the applicant.

The application must be submitted to the employer or other authorized person under the appropriate signature. It is best to draw up the document in two copies, one of which the employee can keep for himself, with the signature of the manager confirming the acceptance of the document for consideration.