Labor Code without content. Payments during unpaid leave

Leave without pay is an unpaid leave granted to employees for good reasons (Article 76 of the Labor Code). Vacations without saving wages often called additional because they are provided in addition to annual paid leave. Such leaves are provided for various reasons and have different purposes. During unpaid leave, the employee retains his place of work (position). This means that during the vacation period he cannot be dismissed on the initiative of the administration (except in cases complete elimination organization) or transfer to another job. Leave without pay is usually divided into those that: a) the administration is obliged to provide at the request of the employee; b) are given at the discretion of the administration (i.e. the employee may be denied such leave). IN lately Another type of leave has appeared: “forced leave” without pay due to the deterioration of the financial and economic situation of enterprises. All cases when, at the request of an employee, they are obliged to provide him with no pay are listed in laws and other regulatory legal acts. At the same time, the maximum duration of such vacations is also indicated. Thus, at the request of the employee, she must provide unpaid leave: to women - to care for a child until he or she reaches the age of 3 years (Article 167 of the Labor Code). establishes that this leave can be used not only by the mother, but also by the child’s father, grandmother, grandfather or other relatives actually caring for the child. Moreover, part of the leave can be used by one relative, part by another, etc.; for women with two or more children under 12 years of age - up to 2 weeks per year. This leave is provided to women in agreement with the administration during the period when production conditions allow. It can coincide with annual leave or be used separately in full or in parts. Transferring this leave to the next year is not allowed. The procedure and conditions for granting this leave also apply to men raising children without a mother, as well as to guardians (trustees) of minors (Article 1721 of the Labor Code); it is provided to employees - Heroes Soviet Union, Heroes Russian Federation, full holders of the Order of Glory, Heroes of Socialist Labor and full holders of the Order of Labor Glory - for up to 3 weeks a year at a time convenient for them; employees admitted to entrance exams to higher and secondary specialized educational institutions - for 15 and 10 calendar days, respectively, as well as to workers studying on the job at preparatory departments at higher educational institutions, for passing final exams - for 15 calendar days; for employees working in the Far North and equivalent areas - for the duration of travel to the place of use of vacation and back once every 2 years; employees who are old-age pensioners or disabled people of groups I and II - up to 2 months a year; war and labor veterans, veterans of military operations on the territory of other states, including disabled people - from 2 weeks to 1 month a year; employees in case of illness - for 3 days during the year. without pay for a period of up to 3 days per year is provided at the personal request of the employee without presenting medical documents certifying the fact of the disease; in other cases specified by law. Laws and other regulatory legal acts provide for a number of grounds when the administration may, but is not obligated to, provide unpaid leave at the request of an employee. For example, long-term leave without pay for a period of no more than 1 year can be granted to civil servants. Article 76 of the Labor Code states that short-term leave without pay can be granted to an employee at his request for family reasons and other valid reasons. Whether the reason is valid is decided by the administration. The duration of the vacation is also determined by agreement of the parties. Valid reasons are usually recognized: joining, funeral of close relatives, seeing off a son to serve in the army, etc. Collective agreements often stipulate the reasons why employees are granted short-term vacations, and sometimes also determine the timing of such vacations. The collective agreement may establish a rule on the mandatory provision of leave without pay for family reasons at the request of the employee. The duration of such short-term holidays, about which we're talking about in Article 76 of the Labor Code, is not defined in the normative manner. It depends on the production's ability to do without this employee and on the reason why leave is needed. In all cases of granting leaves without pay, regardless of their purpose and duration, an order (instruction) on leave must be issued. By agreement between the employee and the administration, leave without pay can be subsequently worked out. The possibility of working off and its feasibility, based on production conditions and labor conditions, are determined by the administration. The work agreement and terms of work can be drawn up both when granting leave and subsequently. While on leave without pay, he can interrupt it at any time and return to work, notifying the administration about this. Recently, it has become common for organizations to suspend their work for quite a long period of time due to lack of cash and material resources, and the administration is forced to send workers on unpaid leave in order to prevent mass layoffs and save. The initiative to provide such leaves comes from the administration, and not from the employees. In such situations, employees are faced with a choice: either dismissal due to the liquidation of the organization, reduction in headcount or staff, or unpaid leave. Such “forced leaves” without pay are not provided for by labor legislation, and the procedure for their registration is not regulated by law. Therefore, in these cases it is necessary to be guided general rules and, in particular, Article 76 of the Labor Code, which provides that unpaid leave is provided upon the employee’s request. Therefore, before issuing an order to grant all employees or a group of employees unpaid leave, it is necessary to obtain an application from each of them requesting such leave, indicating its duration. Thus, the employee expresses his or her request for unpaid leave for a certain period. After all, according to the law, without the employee’s consent, he cannot be sent on leave without pay. In order to provide material support to employees on unpaid leave due to a forced temporary cessation of the organization’s work, they may be provided with compensation payments using funds from the State Employment Fund of the Russian Federation allocated by the employment authorities at the location of the organization on a non-refundable or repayable basis. Funds Compensation payments are allocated to organizations that are in a difficult financial and economic situation for objective reasons independent of the administration, and are not provided to organizations that are declared insolvent in the prescribed manner or in respect of which a decision has been made to appoint external management, sanctions by an authorized body. The conditions for the provision and amounts of compensation payments are established by the Regulations on the procedure and conditions for the provision of compensation payments to employees on leave without pay due to the forced temporary cessation of work of organizations, approved. by order Federal service Employment of the Russian Federation dated March 6, 1995 No. 44. Compensations are paid to employees who are on the staff of the organization and do not receive an old-age pension, including preferential pensions established by law. Compensation payments may be provided from the first day the employee is on forced leave without pay. The duration of the period for payment of compensation to each employee is determined by the administration depending on the amount of funds allocated from the Employment Fund, but should not exceed 4 months (consecutive or in the sum of calendar months) during the calendar year. In districts and localities where regional coefficients for wages are established, compensation payments are calculated taking into account the regional coefficient. Compensation payments are not provided to employees employed in seasonal and temporary jobs, part-time workers, as well as persons working for citizens under agreements (contracts). From funds allocated to organizations on a non-refundable basis, compensation is paid in the amount of the minimum wage established by federal law. Employment authorities have the right to increase the amount of compensation payments to employees up to 3 times the minimum wage, subject to their participation in work organized by executive bodies state power(local government) of a given territory or the organization itself.

Dictionary of business terms. Akademik.ru. 2001.

Application for leave without pay- this is a document that contains the employee’s request to provide rest without pay, at his own expense.

How to write an application for leave without pay

The application form for leave at your own expense is identical to the usual one.

In the header of the document in the dative case the position, name of the organization and full name of the director are indicated, in genitive case- position and full name of the compiler.

Then write the name of the document - Application.

Below, the text of the application indicates a valid reason why the employee requests leave without pay.

Ends with the number and signature of the originator.

Sample application for leave at your own expense

To the Director of LLC "Perfect"
Zaitseva E.V.
Administrator
Gaevskaya Victoria Nikolaevna

Statement

I ask you to grant me leave without pay for two calendar days from 08/31/2013 to 09/01/2013 for family reasons (the need to prepare a first-grader child for school and attend the school holiday “Knowledge Day”).

25.08.2013

Gaevskaya

An application for unpaid leave is written in your own hand on a sheet of A4 paper or typed on a computer.

Based on of this document an order is issued to grant leave without pay.

In the Labor Code, only one article is devoted to leave without pay - 128. Therefore, there are many issues with the provision and registration of such leave. In our article we will try to answer the most pressing questions.

Question 1

The employee wrote an application for leave without pay due to her son being sent to the army. However, an unfavorable situation has developed in the organization that does not allow releasing this employee now. Does an employer have the right to refuse to provide leave?

The Labor Code states that an employee may be granted leave without pay for valid reasons. The Code does not define the concept of “good cause”. This means that the employer is given the right to assess for himself whether the reason given by the employee in the application for leave is valid.

The employer can set out in local regulations (for example, in the Regulations on Internal Labor Regulations or in a collective agreement) a list of valid reasons under which an employee may apply for leave without pay. At the same time, it is necessary to make a digression that if the absence of an employee may lead to adverse consequences for the organization, then leave without pay stated reasons does not appear.

Reference

Having analyzed labor legislation, we can identify several reasons cited as valid in certain legal acts:

family circumstances;
serious health condition close relative(father, mother, wife, husband, son, daughter, sibling or sister) or guardian;
farewell to the army;
a fire or other disaster that befell the employee’s family or close relative;
child’s holidays, quarantine in a childcare facility, farewell to summer camp;
passing exams to obtain a second higher education.

Question 2

The organization decided to hold major renovation in the office building and send all employees on leave without pay during the renovation. How to arrange this correctly?

In this situation, it is better to ask, is it legal? Based on the same article 128 of the Labor Code of the Russian Federation, we will say that leave without pay is granted if two conditions are met simultaneously:

upon a written request from the employee. That is, with this statement the employee expresses his will to go on vacation. The employer has no right to force you to write such a statement;
for good reasons. The reason must be valid for the employee. Therefore, even if the employer forces you to write an application for leave without pay due to “office repairs”, labor inspection will point out this “oversight.”

To confirm our words, we will quote the still valid Resolution of the Ministry of Labor of Russia dated June 27, 1996 No. 6, which clearly states: “forced” leaves without pay at the initiative of the employer are not provided for by labor legislation.

There are two ways out of this situation:

1. In accordance with Article 157 of the Labor Code of the Russian Federation, pay employees for downtime due to the fault of the employer in the amount of at least two-thirds of their average earnings.

To record the fact of downtime, you should issue a sheet about downtime in production. The form of the sheet is not approved by law, but it should indicate the beginning and end of the downtime, full name. workers and the reason for downtime (Example 1 shows how you can create a form for a sheet about downtime). Then, based on this document, you should fill out a time sheet.

Example 1

2. You can try to come to an agreement with the employees. However, in this case, the employer will have to make some concessions. Let me explain. According to Article 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave does not include the time of unpaid leave with a total duration of more than 14 calendar days during the working year. However, the employer will not break the law if it provides the employee with leave earlier than the statutory period.

One more thing. If employees nevertheless agree and go on leave without pay, then the procedure for registering such leave must be followed unconditionally. The employee will have to write an application for leave without pay. In this case, it is better to indicate a truly valid reason for going on vacation (see Question 1). Based on the applications, orders must be issued for each employee, in which the employees will put their signatures.

Question 3

How to properly register an employee going on leave without saving earnings?

Article 128 of the Labor Code of the Russian Federation states that such leave is provided to the employee upon application. In it, the employee must indicate the duration of the leave and a valid reason why he is asking for it (see Example 2).

Example 2

Based on the application, an order is issued in the unified form No. T-6 (for a sample order, see Example 3).

Example 3

Next, information about the vacation granted is entered into the employee’s personal card (on the 4th page of form No. T-2) and into the working time sheet, where the vacation time is marked with the code “BEFORE”, if the vacation was granted with the consent of the employer, or with the code “03” , if the employee goes on vacation according to the law. These marks are provided in the Index symbols worked and unworked time, given in a unified form No. T-12, approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

Question 4

In what cases is the employer obliged to provide leave without pay, in addition to those listed in Article 128 of the Labor Code of the Russian Federation?

First, let us remind you which persons the employer is obliged to provide leave without pay in accordance with Article 128 of the Labor Code of the Russian Federation :

participants of the Great Patriotic War - up to 35 calendar days per year;
for working old-age pensioners (by age) – up to 14 calendar days per year;
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days a year;
for working disabled people – up to 60 calendar days per year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

The so-called “other” cases in which the employer is obliged to provide the employee with leave “without pay” are prescribed either in other articles Labor Code, either in Federal laws or in a collective agreement.

First, let's look at cases from the Labor Code. It says that leave without pay is due:

for employees admitted to entrance exams to universities - 15 calendar days (Article 173 of the Labor Code of the Russian Federation);
for employees - students of preparatory departments of universities for passing final exams - 15 calendar days (Article 173 of the Labor Code of the Russian Federation);
employees studying at state-accredited universities full-time training, for passing intermediate certification (15 calendar days per academic year), for preparing and defending a diploma and passing final state exams(4 months), for passing final state exams (1 month). This is also stated in Article 173 of the Labor Code of the Russian Federation;
employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education, – 10 calendar days (Article 174);
employees studying in accredited educational institutions secondary vocational education for full-time study, combining study with work, for passing intermediate certification (10 calendar days per academic year), for preparation and defense thesis and passing final state exams (2 months), for passing final exams (1 month). About this - Article 174 of the Labor Code of the Russian Federation;
part-time workers, if the duration of their annual paid leave at their main place of work is longer than at a part-time job. The duration of vacation in this case depends on the duration of vacation at the main place of work (Article 286 of the Labor Code of the Russian Federation).

According to federal legislation leave without pay is provided to the following categories of employees (see Table 1).

Table 1. Workers who, in accordance with federal laws Leave without pay is mandatory

		Base
Heroes of Socialist Labor and Full Knights of the Order of Labor Glory	Up to three weeks	Federal Law of 01/09/1997 No. 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory”

Members of the election commission with advisory voting rights, candidate's proxy	From the date of registration by the Central Election Commission of the Russian Federation of the list of candidates for president or State Duma deputy until the day of official publication of the election results	Federal laws of January 10, 2003 No. 19-FZ “On the elections of the President of the Russian Federation” and of May 18, 2005 No. 51-FZ “On the elections of deputies State Duma Federal Assembly of the Russian Federation"
Invalids of war	Up to 60 calendar days per year
Certain combatants and other persons specified in the law	Up to 35 calendar days per year	Federal Law of January 12, 1995 No. 5-FZ “On Veterans”
Citizen performing alternative civil service	The duration of unpaid leave (granted in accordance with the Labor Code of the Russian Federation) is increased by the number of days required to travel to the place of vacation and back	Federal Law of July 25, 2002 No. 113-FZ “On Alternative Service”
Military spouses	For the period of exceeding the duration of the military spouse's annual leave	Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”
Individual participants in the election process	During the elections	Federal Law of November 26, 1996 No. 138-FZ “On ensuring the constitutional rights of citizens of the Russian Federation to elect and be elected to local government bodies”
Candidates' proxies	During his term of office	Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees voting rights and the rights to participate in a referendum of citizens of the Russian Federation"

In the collective agreement it may be stipulated that an employee who has two or more children under the age of fourteen may be granted additional annual leave without pay at a time convenient for them for up to 14 calendar days. The same guarantees may be provided for employees who have a disabled child under the age of eighteen, a single mother raising a child under the age of fourteen, a father raising a child under the age of fourteen without a mother. This is stated in Article 263 of the Labor Code of the Russian Federation.

Question 5

The employee has not come to work for a week. His application for unpaid leave for three weeks for family reasons arrived in the mail. What should a HR employee do in this situation?

As already noted, leave without pay is granted to an employee only with the consent of the employer (of course, if the employee does not fall into the category of persons who have an unconditional right to leave without pay).

Therefore, if the employer, having received an application by mail, does not agree to grant leave to the employee, then the personnel service employee must draw up a report on the absence of the employee from the workplace in working hours. Next, you should wait until the employee returns from “vacation” and ask him for an explanation in writing. If he refuses, draw up a report about it.

After compiling all necessary documents the employer has the right to either bring the employee to disciplinary liability in the form of a reprimand or reprimand, or dismiss him for absenteeism (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation).

Question 6

The employee went on leave without pay for 6 months. During this time, the organization hired a new employee, concluding a fixed-term employment contract with him. After one month, the employee who went on vacation reported that he planned to return to work in the near future. Does he have the right to do this? How to arrange this early exit? What to do with an employee hired under a fixed-term employment contract?

Labor legislation does not clearly regulate the issue of an employee’s early release from leave without pay (such as, for example, ahead of schedule from parental leave for children aged 1.5 to 3 years). Therefore, we will figure it out on our own.

In this situation, two scenarios are possible. And everything will depend on the execution of a fixed-term employment contract.

Option 1. If a fixed-term employment contract was drawn up without specifying an exact end date, but with the wording “During the performance of the duties of the absent _____________ (full name and position), whose place of work is retained, in accordance with the law,” then there will be no problems . An employee leaving leave early writes a statement about his decision, appropriate changes are made to the order granting leave without pay, and the employee resumes his job. workplace. And the conscript is dismissed because his contract has expired, that is, an event has occurred that led to the expiration of the contract.

Option 2. If the fixed-term employment contract specifies exact date its end, in this case the consequences may be much more serious. The employer does not have the right to dismiss a conscript (after all, the contract has not expired, which means he has no grounds for dismissal).

It is clear that if the employer is happy about the early return of the employee, then he would better come to an agreement with the conscript, pay him decent monetary compensation and dismiss him by agreement of the parties or on the initiative of the employee. If the employer is not ready to incur financial costs (most likely, really considerable ones), then the question arises: can the employer not hire the “main” employee back before the expiration of his vacation?

The law does not provide a direct answer. Therefore, we will seek advice from a lawyer.

Opinion

Zhanna Perevalova, head of the legal department of MedBusinessConsulting LLC:

In my opinion, the employer has the right not to satisfy the application of this employee for “early termination” of leave without pay on the following grounds.

According to Article 128 of the Labor Code of the Russian Federation, an employee, upon his written application for family reasons and other valid reasons, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. In some cases, the employer is obliged to provide this leave. If we do not consider cases of mandatory provision of leave without pay, at least two conditions are always necessary and sufficient:

the employee’s own will, expressed in a written statement,
employer's consent.

Moreover, the duration of this vacation is determined by agreement of the parties.

Consequently, in the absence of legislative regulation of the issue of “early termination” of leave without pay, the parties to the employment contract must proceed from the same principles as when granting it, namely, the two specified conditions will be sufficient:

the employee’s own will, who has expressed in writing a desire to shorten his vacation,
the employer's consent to this.

If the employer agrees, a corresponding order must be issued in free form (since there is no approved unified form for this case), but containing all the necessary details.

If the employer disagrees, a resolution to this effect from an authorized person (as a rule, this is the sole executive body) is affixed to the application.

Is there a risk that preventing a key worker from working will be considered an infringement of his or her rights to work? Most likely, these fears are unfounded, since the parties to the employment contract are obliged to comply with the terms of the concluded contract, including the norms of labor legislation and other acts containing labor law norms. And even if the case goes to court, the above fixed-term contract may be considered to benefit the employer.

It must be emphasized: if you do not want to encounter such a problem, be careful when drawing up a fixed-term employment contract.

Personnel records management and Labor law

In labor legislation there is such a thing as unpaid leave. Art. is dedicated to him. 128 Labor Code of the Russian Federation. Such leave can be of any duration if the employee and employer agree among themselves.

An employee may take administrative leave if there are valid reasons. Labor legislation does not define what reasons should be considered valid. Therefore, it is up to the employer to decide. In Art. 128 of the Labor Code of the Russian Federation specifies only 3 reasons, which are a priori considered valid. If available, the employer is obliged to provide the employee with administrative leave for up to 5 days.

These reasons include:

own marriage;
death of a close relative;
birth of a child to an employee.

IN local act the employer can specify which reasons will be considered valid, in addition to those presented above. But it is necessary to clarify that if a vacation at one’s own expense for a certain employee entails adverse consequences for the enterprise, then the employer has the right not to allow the employee to go on such vacation even if there is a good reason.

As a rule, employers consider the following reasons valid for granting an employee leave at their own expense:

illness of a close relative;
family circumstances;
farewell to the army;
natural disaster or another extraordinary circumstance that befell the employee’s family or the family of his close relatives;
child's school holidays;
quarantine at school or kindergarten;
child’s preparations for summer health camp;
passing a session or defending a thesis while receiving a second education.

In addition, there are categories of employees to whom the employer is obliged to provide unpaid leave at any time convenient for them. The duration of such leave per year depends on the category of employee and can range from 14 to 60 calendar days.

Such employees include:

WWII participants;
old-age pensioners and disabled people who continue to work;
spouses and parents of military personnel, firefighters, rescuers, employees of the Ministry of Internal Affairs, the prosecutor's office and other law enforcement agencies who died during service or from an illness acquired during service.

In order to go on such leave, you must write an application addressed to the employer. It must indicate the reason why the employee needs such rest, as well as the period. For example, the application may contain the following wording: “I ask you to grant me leave without pay for the period from 05/10/2016 to 05/15/2016 for 6 calendar days due to the death of a relative.”

In large enterprises where there are a huge number of employees, such an application must first be endorsed by the boss structural unit where the applicant works. With his signature, he informs senior management that he is not against the “rest” of this employee, and he has a replacement for the duration of his absence.

This application is then endorsed by the head of the enterprise. Based on the application, an order is issued, which the employee must review and sign. If the manager does not agree, he can note on his visa that the leave will be granted for a fewer number of days.

Leave without pay is included in the length of service for the provision of annual paid leave. But administrative leave should not exceed 14 calendar days per year. This is stated in paragraphs. 6 clause 1 art. 121 Labor Code of the Russian Federation. Otherwise, days in excess of the “limit” will no longer be taken into account when calculating the working year for the next vacation. In this case, the end date of the working year is shifted by the number of days that exceeds 14. This is stated in the letter of Rostrud dated June 14, 2012 No. 854-6-1.

In Art. 128 of the Labor Code of the Russian Federation states that administrative leave can be granted to an employee if two conditions are met:

written statement;
good reason.

Therefore, the employer cannot send an employee on leave without pay on his own initiative. If the employer is forced to “dismiss” employees, then he can:

pay them downtime in the amount of at least 2/3 of their average earnings, since the downtime was due to the fault of the employer;
enter into a written agreement with employees to provide them with “vacations” under certain conditions.

Leave without pay at the initiative of the employee

An employee has the right to ask his employer to give him a few days to solve problems. At the same time, he must understand that he will not be paid for these days. An exception is additional days of rest for previously completed work.

To receive several unpaid days, the employee must write an application. In it he states his request. Important! The employer is not obliged to give the employee such leave, with the exception of certain cases that are prescribed in Art. 128 Labor Code of the Russian Federation. Such cases include:

registration of the employee’s marriage;
the birth of his child;
death of a close relative of an employee.

To prevent an employer from denying its employee unpaid leave, the latter must present supporting documents. But since all certificates (marriage, birth, death) are issued somewhat later than the fact, the employee will be obliged to deliver copies of them afterwards.

The duration of such leave is up to 5 calendar days. But an employee can take either 1 or 5 days. He must indicate the duration of the vacation in the application.

Working pensioners can count on 14 additional unpaid days per year if they are granted an old-age pension;
family members of military personnel who were injured in service or died in the performance of their duties can count on 14 additional unpaid days per year;
Working disabled people can count on 60 additional unpaid days per year;
parents who have children under age three years. Time off is provided by agreement with management.

Application for leave without pay

In order to receive several unpaid days, an employee must write a free-form application addressed to the head of the enterprise where he works. The application can be handwritten or typed on a computer. It is signed personally by the employee.

The application shall indicate the following information:

about the employer:
- employer name;
- Full name of the manager;
- his position.
about the applicant himself:
- Full name;
- job title;
- contact details;
- if necessary, indicate the personnel number.
please provide several unpaid days of rest. It is necessary to indicate the specific date and basis on which he requests such leave;
date of writing the application and signature of the applicant.

The application is submitted for approval to the head of the structural unit, who signs his visa, thereby agreeing. Then the application is transferred to management, and only then to the human resources department. The personnel service issues an order to appoint this employee extra day rest.

For correct spelling statements must be in front of your eyes clear example. As a rule, sample applications are kept in the personnel department. Some employers have prepared application forms for various situations. The employee only needs to enter basic information.

Leave without pay for pensioners

Working pensioners include citizens who have reached the age of old-age pension but continue to work. That is, these are women over 55 years old and men over 60 years old. Every pensioner who continues his labor activity, receives both a pension and a salary. At the same time, he has exactly the same rights and obligations as other employees.

However, they also have some advantages:

there is no need to give notice of dismissal 2 weeks in advance if the reason for leaving work is retirement;
great experience in this field of activity and high qualifications;
they have the right to take unpaid leave of 14 calendar days. They can use such leave during the working year at any time convenient for them. The employer cannot refuse them.

A pensioner, just like other employees, must write an application for such leave. These 14 days of rest can be added to the main vacation or taken separately. 14 days is the minimum duration of such additional leave. It is spelled out in Art. 128 Labor Code of the Russian Federation. The employer has the right to increase the duration of unpaid leave for pensioners.

A working pensioner, wishing to exercise his right to receive additional unpaid leave, must remember that:

he has the right to only 14 calendar days a year;
he can use them at any time convenient for him;
the employer has no right to refuse him;
a vacation lasting more than 14 days will affect the calculation of work experience, which gives the right to use annual leave.

Maximum period of leave without pay

As mentioned above, there are categories of workers who have the right to be provided with additional unpaid days of rest. Working disabled people have the longest such leave - 60 days a year.

Other workers can receive, without fail, only 5 calendar days. But there must be compelling reasons for this that need to be confirmed.

It is important to remember that the duration of unpaid rest is included in the total length of service, which is necessary for calculating vacation pay. In Art. 128 of the Labor Code of the Russian Federation states that the duration of unpaid leave can be regulated by agreement of the parties. If an employer can do without his employee long time, then he can let him rest at his own expense for a long period of time.

The employee must remember that administrative leave lasting more than 14 calendar days significantly affects the calculation of the length of service required for annual leave. That is, 14 calendar days will be included in the length of service. Those days that are in excess of this are not taken into account, and, therefore, affect the amount of vacation pay.

Important! Leave without pay is calculated in calendar days. Therefore, holidays and weekends do not extend such leave.

The employer and employee must take into account the following nuances:

administrative leaves are not cumulative or transferred;
The initiator can only be an employee. The employer does not have the right to send an employee on vacation at his own expense;
if during the holiday at your own expense they fall out holidays, then the rest is not extended. This is not provided for by the Labor Code of the Russian Federation, unlike annual holiday, payable;
the minimum duration of leave without pay is not regulated by any regulatory act;
the law allows it to be provided during business hours;
an employee has the right to return from vacation early by notifying the employer in writing. It is impossible to refuse him permission to work - he will have to issue an order to interrupt his rest.

Sick leave on leave without pay

In Art. 124 of the Labor Code of the Russian Federation states that if an employee falls ill during his next annual leave, then he has the right to extend this leave. But he must present his employer with a sick leave certificate drawn up in accordance with all the rules.

Thus, if an employee gets sick and has a sick leave certificate in hand, he can do the following:

return to work after 28 calendar days from the start of your vacation. He can take sick days that fall on vacation days at any time convenient for him;
write an application addressed to the employer requesting an extension annual leave for the number of days during which he was sick.

This rule applies only to paid vacations. This provision does not apply to other cases of interruption of one’s main job duties. That is, if an employee falls ill during his vacation without pay, then such vacation is not extended for days of illness. This rule applies regardless of whether the employee has taken out sick leave or not.

In Art. 9 of Law No. 255-FZ states that illness during administrative rest:

does not prolong it;
not paid. Therefore, there is no point in issuing sick leave;
if leave without pay has already ended and the employee is still sick, then days in excess of such leave will be paid in accordance with current legislation.

Sample application for leave without pay

To the Director of LLC "Perfect"
Zaitseva E.V.
Administrator
Gaevskaya Victoria Nikolaevna

Statement

I ask you to grant me leave without pay lasting two calendar days from 08/31/2017 to 09/01/2017 for family reasons (the need to prepare a first-grader child for school and to attend the school holiday “Knowledge Day”).

25.08.2013

Gaevskaya

Conclusion

An employer does not have the right to demand that his employee go on vacation at his own expense. This is a violation of his labor rights. If he can no longer provide his workers with labor, he can send them to idle time, which is paid in accordance with current legislation.

If a citizen cannot go to work because family or health problems have arisen, he can find out what the maximum period of leave at his own expense is according to the Labor Code in 2019 and how to write a statement for the boss.

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Annual paid leave must be provided to every worker. However, in some cases it is not enough. This type of vacation is social guarantee for workers.

Initial data

Providing leave at your own expense is carried out:

After the employee completes the application. The employer makes the decision himself and it is not always positive.
It does not matter whether the citizen went on vacation this year.
No wages are accrued for this period.

The vacation period is determined individually in each case.

What is it

Without saving income, additional rest may be provided, which is a kind of social guarantee. The procedure for providing rest is enshrined in Article 128, as well as other articles of the Labor Code of the Russian Federation.

The period of release from work duties may vary; it is determined by agreement of both parties. To receive leave, the employee must draw up a corresponding application addressed to the head of the organization.

You can leave only after a resolution is signed in which the director notes that he is not against granting leave at his own expense for a certain duration.

There are various reasons for granting leave, some of them are valid, others are not.

Thus, the boss may refuse to release him from work if the employee is going to work. tourist trip, or wants to spend time with family, go to an amusement park and celebrate a child’s birthday.

Who is entitled to

Some citizens are required to take additional leave:

Members of election commissions may also receive additional leave. The number of days is determined based on how much time they will be occupied.

In accordance with the Federal Law “On Veterans”, the following have the right to additional leave:

Persons who became disabled during the war.
Veterans of any combat operations.
Persons who received the badge “resident of besieged Leningrad.”
Citizens who, during the great Patriotic War carried out labor activities at air defense facilities.

The right to unpaid leave belongs to persons who have been issued sick leave due to a serious health problem that interferes with the performance of work..

What regulations governs

The main part of the legal relationship between employee and employer is regulated by the labor code.

The provision of unpaid leave is carried out in accordance with the following norms of the Labor Code of the Russian Federation:

Other regulations, establishing the procedure for providing additional rest:

Holidays do not include holidays, on which guaranteed rest must be provided. If you count these days, your earnings will be calculated incorrectly.

So, if a person took unpaid leave from May 3 to May 10, then May 9 is a public holiday and is not taken into account.

Features of receiving

An employee can receive additional unpaid leave only on his own initiative. A statement is drawn up, which must indicate the reason for dismissal from work, so that the employer can make a decision.

Estimated deadlines are also stated. Having received the application, the director of the enterprise reads it, after which he puts his signature and the word “I do not object” or “I object.”

Terms of service

If the leave is approved, data about it is entered into a special order in the T6 form, as well as into the employee’s personal card and a time sheet recording the time spent at the workplace.

A citizen can receive a leave of up to 14 days in accordance with collective agreement if he:

Is the parent of two or more minor children under the age of 14.
Raises a disabled child under 18 years of age.
She is a single mother and the child is under 14 years old.
He is a single father.

To obtain leave permission for persons who are getting married or becoming parents, it is necessary to prepare the appropriate documents. Since these documents will not be available at the time of writing the application, they will be provided later.

Duration of the maximum period of leave at your own expense according to the Labor Code of the Russian Federation

The employee can leave at will on unpaid leave, but the law provides for a certain number of days:

The number of days of rest is indicated in the application. After the specified time has expired, the employee is obliged to begin performing his job duties.

Correct filling of the application (sample)

The application is drawn up in free form, by hand, on a sheet of A4 paper. A sample application for leave at your own expense is available.

Compilation algorithm:

In the upper right corner you need the name of the organization, position and full name of the director and compiler. All data is written in the genitive case.
Then an indentation is made and the word “Statement” is written in the middle.
The text of the document must indicate a valid reason for granting leave and the number of days. It is noted that the vacation will be arranged without maintenance.
At the end of the document there is a number and a signature.

Photo: sample application for leave without pay

Based on the application, the head of the enterprise draws up an order.

Drawing up an order

Having received an application from an employee for leave without pay, the head of the organization may refuse or give permission. In the second case, an order is drawn up. A sample order is available.

The rules for drawing up this document are regulated by Article 128 of the Labor Code. The grounds for granting leave are: family circumstances, marriage, birth of a child to a male employee.

Photo: sample order for granting leave without pay

The head of the enterprise indicates the full name of the employee and the name of the structural unit, as well as the position. Then the vacation dates and number of days are indicated.

Paragraph B states that leave is provided without pay. At the very end of the document, the data is summarized. The full name of the director of the organization and signature are placed. The document is provided to the employee against signature for review.

In what cases can an employer refuse

First of all, it is possible to postpone the vacation to another period with the consent of the employee if:

Temporary incapacity for work is recorded, for example, on sick leave.
The employee has some government responsibilities.

A complete refusal to provide rest is given if:

The departure of an employee may negatively affect the activities of the company, while his desire is not based on the law, that is, the person is not a student, disabled person or veteran.
The circumstances stated in the statement are not documented. Admission to the session, birth certificate of a child or marriage was not provided.

If the application was rejected, but the reasons were not explained to the employee, within 30 days he may request written refusal indicating the reason.

Is this period included in the length of service?

IN work experience includes only 14 days of unpaid leave once a year. If the employee is absent more days, he may lose some time of experience. During this period of time, the employer does not transfer contributions to the Pension Fund.

The boss himself decides what reasons are valid for leave, since the law does not contain any instructions on this matter.

In the absence of a worthy explanation as to why time off from work is necessary, the boss may refuse leave.

Within two weeks, in case of a positive decision, leave without pay is granted, while the length of service continues to accumulate. This may be useful for your future retirement.

The employer has the right not to provide additional leave if there is no reason. To apply for release from work for a certain period of time, you must write a corresponding application.

Video: how to send an employee on vacation

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