Often, for family reasons, an employee needs to take leave at his own expense. Therefore, whether or not to let the employee go on unpaid leave without pay. This is usually the employer's right.

Moreover, unpaid leave is given for family reasons. And other good reasons. Moreover, if you carefully study the norms. It turns out that sometimes this is also the responsibility of the company. Moreover, depending on the basis on which the employee goes on vacation without saving his earnings. A way to calculate his length of service is being found.

For family reasons and other valid reasons, an employee may be provided with a written request. The duration of which is determined by agreement between the employee and the employer (Part 1). When considering applications, attention is paid to specific reasons and circumstances. Caused the need for such a vacation. After all, granting leave without pay on the basis of Part 1 of Article 128 of the Labor Code of the Russian Federation is a right. Not the employer's responsibility. That's why he has the right to refuse to provide it to an employee. In this case, the employer must take into account how valid the reasons are. Which the employee indicates in the application. So is the possibility of causing harm to the organization if vacation is provided at one’s own expense.

Family circumstances and other valid reasons include certain events and social needs. Arising in the personal life of an employee. An employer cannot send an employee on leave at his own expense without pay on his own initiative.

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Article 128 of the Labor Code of the Russian Federation

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

How many days can you take at your own expense from work according to the law?

Is it possible to go on leave without pay for a year? How long can you take leave at your own expense under the labor code without pay? For what period can a working pensioner and a pregnant woman be sent?

The employer is obliged, based on a written application from the employee, to provide leave without pay:

participants of the Great Patriotic War - up to 35 calendar days a year;

for working old-age pensioners (by age) - up to 14 calendar days per year;

parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, who died or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness associated with military service (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;

in other cases provided for by this Code, other federal laws or a collective agreement.

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Providing vacation leave at your own expense, without pay, is MANDATORY

In some situations, providing leave without pay is the obligation of the employer established by the Labor Code of the Russian Federation. For example, employees to whom the employer is obliged to provide leave without pay are (Article 128 of the Labor Code of the Russian Federation):

• working old-age pensioners (by age);
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during service, or as a result of an illness associated with military service;
• working disabled people;
• workers in cases of birth of a child, registration of marriage, death of close relatives.

In addition to the above situations, the Labor Code contains mention of several more cases when the employer is obliged to provide leave without pay. For example, such leave is due to those employees who combine work and study in educational institutions of higher and secondary vocational education or enroll in them.

The Labor Code, other federal laws or a collective agreement may provide for other cases when the employer is obliged to provide leave without pay. For example, Part 2 lists the categories of employees to whom the employer is obliged to provide leave without pay in connection with admission to educational institutions of higher professional education and training in them, these are:

• employees admitted to entrance examinations in educational institutions of higher professional education;
• employees - students of preparatory departments of educational institutions of higher professional education;
• employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work.

The employer’s obligation to provide leave at his own expense is established not only in the Labor Code, but also in other federal laws. So, in accordance with paragraph 11 of Article 11 of the Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, military spouses receive leave at their request is provided simultaneously with military leave. In this case, the duration of the spouses' leave can be equal to the leave of military personnel at their request. Just the part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay. At the same time, the employer does not have the right to refuse unpaid leave without pay in this case.

The following employees can take leave at any time at their own expense until 14 days according to the Labor Code of the Russian Federation.

• Single mother with a child under 14 years old,
• employee who has two or more children under the age of fourteen,
• employee who has disabled child under the age of eighteen

In addition to the Labor Code, the employer’s obligation to provide unpaid leave to certain employees is established in the following federal laws:

• dated November 26, 1996 No. 138-FZ - to individual participants in the election process for the duration of elections to local government bodies;
• dated 01/09/97 No. 5-FZ - Heroes of Socialist Labor and full holders of the Order of Labor Glory;
• dated June 12, 2002 No. 67-FZ - to the candidate’s proxies during the referendum;
• dated January 10, 2003 No. 19-FZ - to individual participants in the election process of the President of the Russian Federation (candidate’s proxies, members of the election commission with advisory voting rights);
• dated May 18, 2005 No. 51-FZ - to individual participants in the process of election of State Duma deputies (candidate’s proxies, members of the election commission with advisory voting rights);
• dated 05.27.98 No. 76-FZ - to spouses of military personnel in relation to part of the leave exceeding the duration of annual leave at their main place of work;
• dated 15.01.93 No. 4301-1 - Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (additional leave for up to three weeks a year at a time convenient for them)

The duration of leave without pay if the employer is obliged to provide it is determined by federal law, which provides for such leave at one’s own expense. Information on the duration of the said leave without pay, which is provided without fail, is given in the table.

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The period of compulsory leave at your own expense without pay

Employees who are granted leave	Duration of vacation
All employees in cases of birth of a child, registration of marriage, death of close relatives	Up to 5 calendar days for each reason
Working disabled people	Up to 60 calendar days per year
Working old-age pensioners (by age)	Up to 14 calendar days a year
Employees who are parents, wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service	Up to 14 calendar days a year
Workers – participants of the Great Patriotic War	Up to 35 calendar days per year
Employees admitted to entrance examinations in educational institutions of higher professional education	15 calendar days
Workers – students of preparatory departments of educational institutions of higher professional education	15 calendar days (for passing final exams)
Workers studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work	15 calendar days per academic year (for passing intermediate certification); 4 months (to prepare and defend the final qualifying thesis and pass the final state exams); 1 month (for passing final state exams)
Employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education	10 calendar days
Workers studying in state-accredited educational institutions of secondary vocational education on a full-time basis, combining study with work	10 calendar days per academic year (for passing intermediate certification); 2 months (to prepare and defend the final qualifying thesis and pass the final state exams); 1 month (for final exams)

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Documentation of leave without pay

Regardless of whether the leave is mandatory or not, in order to provide it, the employee must write a statement where the employee must indicate the reason for the unpaid leave. In some cases, the employer is obliged to provide such leave (for example, in the event of a wedding or death of a close relative) ().

To the director
LLC "Gasprom"
A.V. Ivanov

from the cashier
A.V. Petrova

STATEMENT

I ask you to grant me unpaid leave from April 3, 2019 for 15 calendar days for family reasons.

17.03.2019 . . . Petrova. . . . A.V. Petrova

Based on the employee’s application, issue an order to grant leave. The order must be signed by the manager, the employee must be familiarized with the order for signature.

The unified form of the order for granting leave (Form No. T-6) was approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

An organization may, at its own discretion:

• or use standardized forms of documents if this is approved by the head of the organization in the order on accounting policies;
• or use independently developed forms approved by the head (provided that they contain all the necessary details provided for by Law of December 6, 2011 No. 402-FZ).

Do not draw up a calculation note for the provision of leave (on Form No. T-60 or on a self-developed form). The fact is that this form is provided for calculating payments that an employee is entitled to when going on vacation (instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). And when an employee goes on unpaid leave, vacation pay is not accrued.

Also, information about the vacations provided must be entered into the employee’s personal card:

• in section VIII of form No. T-2, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1), if the organization uses a unified form of the document;
• in the appropriate section of the personal card if the organization uses an independently developed document form.

Reflect similar information in the employee’s personal account (on Form No. T-54 or on a self-developed form).

In the time sheet, vacation time is marked with the code “DO” if the vacation was granted in accordance with the employer’s permission, or with the code “OZ” if the employee goes on vacation based on the provisions of the current legislation of the Russian Federation.

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DURATION of vacation at your own expense, without pay

Upon written request from the employee, the employer may provide the employee with leave without pay. The duration of leave without pay is established by agreement of the parties: employee and employer in calendar days. Non-working holidays are not included in the number of calendar days of vacation only if they fall on paid vacation: main or additional (Part 1 of Article 120 of the Labor Code of the Russian Federation). Thus, if holidays fall during the period of unpaid leave, then they are included in the number of calendar days of such leave and do not extend it.

The maximum duration of leave at one's own expense is not regulated by law. The employer and employee decide by agreement of the parties how long the leave will be granted. Thus, the employer has the right to provide vacation at his own expense for any period: several days, weeks, months and even years. This follows from the Labor Code of the Russian Federation.

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Conventions, Marks in the time sheet

OZ- Vacation without pay under the conditions provided for by the current legislation of the Russian Federation

BEFORE- Unpaid leave granted to an employee with the permission of the employer

UD- additional leave in connection with training without pay

DB- Annual additional leave without pay

Note: See all Conventions for time sheets

Days of unpaid leave are completely excluded from the calculation period when calculating average earnings, regardless of its duration. Reason - subparagraph “e” of paragraph 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by the Decree of the Government of the Russian Federation dated December 24, 2007

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Guarantees for an employee on leave without pay

As a rule, an employee cannot be dismissed at the initiative of the employer while he is on such leave. Since, according to the employee, he cannot be dismissed at the initiative of the employer while he is on vacation, with the exception of the case of liquidation of the organization or termination of activities by an individual entrepreneur.

Sickness benefits must also be paid when the employee himself gets sick or is injured while on annual leave - main or additional (clause 1, part 1, article 9 of the Law of December 29, 2006 No. 255-FZ). During illness, the vacation period is extended. At the employee’s request, the unused part of the vacation can be provided to him immediately or transferred to the future (Article 124 of the Labor Code of the Russian Federation).

For all other periods of release from work (except annual holidays) with or without salary, sick leave benefits are not paid to employees. For example, an employee is not paid an allowance for the day he participates in a court hearing as a juror, as well as days attributable to personal leave or parental leave.

If during unpaid leave the employee went on maternity leave, then the employer is obliged to pay her maternity benefits, since the employee is one of the insured persons. Moreover, unpaid leave must be interrupted from the moment maternity leave begins. Maternity benefits are paid to the employee in the amount of 100% of average earnings (clause 1 of Federal Law No. 255-FZ of December 29, 2006).

If the employee does not have actually accrued wages and actually worked days in the pay period and before it, the average earnings must be calculated based on the official salary, the tariff rate established for the category of the employee, the official salary, and allowance (remuneration). Reason - clause 11 of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation of June 15, 2007 No. 375.

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The employer does not have the right to send employees on leave without pay on their own initiative.

This is a violation of labor legislation, for which he can be fined in accordance with parts 1 and 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The inadmissibility of forced leaves without pay due to the temporary suspension of the organization’s activities was emphasized by the Russian Ministry of Labor (Resolution of the Russian Ministry of Labor dated June 27, 1996 No. 40). In the Labor Code of the Russian Federation, the employee’s initiative () is also considered a condition for granting leave at one’s own expense.

A situation where employees, due to the fault of the employer, are unable to fulfill their job duties. During downtime, employees must be paid at least 2/3 of their average earnings (Part 1

1. Leave at your own expense for family reasons and other valid reasons .

• In order for unpaid leave to take place, a written application from the employee and the consent of the employer are required.

The duration of the vacation is determined by agreement between the employee and the employer ( Art. 128 Labor Code of the Russian Federation).

2. Leave without pay for preferential category of employees.

• The employer is obliged to provide such leave in accordance with the provisions of Part 2 of Article 128, Articles 173 and 174 of the Labor Code of the Russian Federation, Law of the Russian Federation dated January 15, 1993 No. 4301-1 “On the status of Heroes of the Russian Federation and full holders of the Order of Glory” and federal laws:

-dated 12.01.95 No. 5-FZ"About Veterans"(hereinafter referred to as the Veterans Law);

-dated 01/09/97 No. 5-FZ“On the provision of social guarantees to Heroes of Socialist Labor and full holders of the Order of Labor Glory”;

-dated 05.27.98 No. 76-FZ“On the status of a military personnel”;

-dated 05/06/2011 No. 100-FZ“On voluntary fire protection”;

-dated March 2, 2007 No. 25-FZ“On municipal service in the Russian Federation”;

-dated July 27, 2004 No. 79-FZ“On the state civil service of the Russian Federation”;

-dated January 10, 2003 No. 19-FZ“On the elections of the President of the Russian Federation”;

-dated May 18, 2005 No. 51-FZ“On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation”;

-dated June 12, 2002 No. 67-FZ“On the basic guarantees of electoral rights and the right to participate in a referendum of citizens of the Russian Federation.”

For this type of leave, the employer's consent is not required; only a written application from the employee is required.

3. Vacation at your own expense followed by dismissal.

• The Labor Code of the Russian Federation does not provide for leave at one’s own expense followed by dismissal. This rule exists only for unused paid vacations - basic and additional ( Part 2 Art. 127 Labor Code of the Russian Federation).
• In practice, employers often apply this rule to unpaid leave followed by dismissal ( rulings of the Moscow City Court dated February 15, 2013 No. 4g/7-788/13 and dated December 6, 2011 in case No. 33-40058).
• According to Rostrud, the employer has the right to provide the employee with leave followed by dismissal ( letter dated December 24, 2007 No. 5277-6-1).
• An alternative may be to dismiss the employee at his own request. Only in this case he must notify the employer in writing no later than 2 weeks in advance ( Part 1 Art. 80 Labor Code of the Russian Federation).
• If the employer does not object to the dismissal of the employee, the employment contract may be terminated before the expiration of the specified period ( Part 2 Art. 80 Labor Code of the Russian Federation).
• On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of the Labor Code of the Russian Federation (Part 4 of Article 84.1 of the Labor Code of the Russian Federation).
• Since the employee is not working on the day of dismissal, the employer is obliged to send him a notice of the need to appear for a work book or ask him to agree to send it by mail ( part 6 art. 84.1 Labor Code of the Russian Federation).

The employer is obliged to make a settlement with the employee no later than the next day after the employee’s request for settlement is presented ( Part 1 Art. 140 Labor Code of the Russian Federation).

4. Additional leave at their own expense for employees who care for children .

• This is an additional guarantee for employees who have children. The list of persons who may be granted such leave is listed in Article 263 of the Labor Code of the Russian Federation. The conditions for granting such leave must be stated in the collective agreement.
• Additional leave is granted upon written request from the employee at a time convenient for him. It can be added to your annual bill or used separately. And you can take it all at once or divide it into parts. The main thing is to use days of additional rest during the year, since the Labor Code of the Russian Federation does not allow transferring balances to the next working year.

Leave is granted to both parents - employees of the same organization, regardless of whether the second parent used it or not ( Art. 263 Labor Code of the Russian Federation). The right to additional leave without pay is granted to employee-parents from the year of birth of the child to the year he turns 14 or 18 years old inclusive ( Art. 263 Labor Code of the Russian Federation).

5. Is it possible to provide forced leave without pay?

• The Labor Code of the Russian Federation does not provide for forced leaves at one’s own expense on the initiative of the employer. If an employee cannot perform his job duties, and this is not his fault, then the employer is obliged to pay him for this time as idle time ( Resolution of the Ministry of Labor of Russia dated June 27, 1996 No. 40“On approval of the clarification “On leaves without pay at the initiative of the employer””).
• Downtime is paid in the amount of at least 2/3 of the employee’s average salary ( Part 1 Art. 157 Labor Code of the Russian Federation).
• If you sent an employee on forced leave on your own initiative, this is considered a violation. There is a fine for this:

An official may be fined from 1,000 to 5,000 rubles;

Organization - from 30,000 to 50,000 rubles. ( Part 1 Art. 5.27 Code of Administrative Offenses of the Russian Federation).

• For repeated violations, the fines will be higher:

Up to 20,000 rub. or disqualification for a period of 1 to 3 years for an official;

Up to 70,000 rub. For the company ( Part 2 Art. 5.27 Code of Administrative Offenses of the Russian Federation).

6. Is it possible to provide leave at your own expense on two grounds at the same time?

• It is forbidden. Days of such rest are not cumulative. Therefore, an employee can only count on vacation of the longest possible duration.

For example, an employee has the right to take 14 calendar days off at his own expense as a working pensioner and 35 calendar days as a combat veteran (Part 2 of Article 128 of the Labor Code of the Russian Federation). In this case, the organization will provide the employee with 35 days.

Persons caring for children ( Art. 263 Labor Code of the Russian Federation), the specified leave, upon the written application of the employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

7. Is it possible to refuse to provide vacation at your own expense?

Denial of leave depends on the reasons why the employee asked for it.

• If the employee belongs to the preferential category of employees who, in accordance with provisions of Art. 128, 173, 174 Labor Code of the Russian Federation and federal laws, the employer is obliged to provide leave without pay; the employer has no right to refuse such leave.
• The company has the right to refuse to provide an employee with leave at its own expense only in one case - the employee asks for days off for family reasons and other valid reasons.
• The employer may refuse due to the fact that the leave may negatively affect the organization's activities.

If, after receiving a refusal, the employee still goes on vacation, then this can be regarded as absenteeism. And this may become a basis for terminating the employment contract for based on paragraphs. “a” clause 6 part 1 article 81 of the Labor Code of the Russian Federation (Appeal ruling of the Moscow City Court dated January 30, 2013 in case No. 11-2971).

8. Is it possible to quit while on vacation at your own expense?

• Only in some cases is dismissal during the vacation period possible at your own expense:

If the employee wrote a letter of resignation on his own initiative ( Art. 80 Labor Code of the Russian Federation);

If there is an agreement between the employee and the employer ( Art. 78 Labor Code of the Russian Federation);

If an organization is liquidated or an individual entrepreneur ceases its activities ( Art. 81 Labor Code of the Russian Federation).

In other cases, the employer does not have the right, on its own initiative, to dismiss an employee who is on leave, including leave without pay.

9. Does an employee have the right to leave vacation early at his own expense?

• The Labor Code of the Russian Federation does not regulate the procedure for an employee’s early departure from leave without pay.
• If the initiator of early termination of leave at his own expense is an employee, he must write an application addressed to the head of the organization. If agreed, the employer issues an appropriate order.

For example, the wording of the order may be as follows: “Consider August 10, 2017 as the end date of unpaid leave. E.E. Skauzov will begin work on August 11, 2017. Reason: statement by E.E. Skousova dated August 8, 2017.”

• Familiarize yourself with the employee’s order against signature. If the employer does not agree, he puts his resolution of disagreement on the statement.
• If the initiator is the employer, he must notify the employee of the recall from leave at his own expense. On the notice, the employee will put his mark on whether he agrees to go to work early or not.
• Upon receipt of consent, the employer issues an order to recall the employee from leave without pay.

For example, the wording of the order may be as follows: “Due to production needs, recall researcher E.E. from leave without pay. Skousova since August 10, 2017.” Familiarize yourself with the employee’s order against signature.

In both cases, clarifications on the actual duration of the vacation are included in Section VIII of the employee’s personal card.

10. Is unpaid leave extended for non-working holidays?

• Non-working holidays are not included when calculating calendar days of annual main or annual additional paid leave according to Part 1 Art. 120 Labor Code of the Russian Federation.
• But this rule does not apply to vacations on which employees go without pay.

Therefore, if non-working holidays fall on unpaid leave, then they are included in the number of calendar days of such leave. That is, when counting days of rest in this case, there is no need to extend their number for non-working holidays.

11. Is it possible to provide vacation at your own expense for several hours?

• IN Part 1 Art. 128 Labor Code of the Russian Federation it is stated that the duration of such leave is determined by agreement between the employee and the employer.
• At the same time, all types of leave according to the Labor Code of the Russian Federation are provided in calendar or working days, in particular:

Annual basic paid leave - 28 calendar days ( Part 1 Art. 115 Labor Code of the Russian Federation);

Annual additional paid leave for employees with irregular working hours - at least 3 calendar days ( Part 1 Art. 119 Labor Code of the Russian Federation);

Paid leave for employees who work seasonally - 2 working days for each month of work ( Article 295 of the Labor Code of the Russian Federation).

• Due to the fact that the Labor Code of the Russian Federation provides for vacation in days, it is also more expedient for companies to provide employees with rest at their own expense in days rather than in hours.
• In the internal labor regulations, the employer may establish the following provision:

For example, “For family reasons and other valid reasons, the Employee may be granted leave without pay for the number of working days agreed with the Employer, if this does not lead to violation of deadlines and disruption of ongoing work to which the Employee is directly related. The Employee must promptly notify the head of the structural unit about the granting of such leave in compliance with the order of official subordination. Leave without pay is granted on the basis of a written application from the Employee and is issued by order (instruction) of the General Director. By agreement with the head of the structural unit, the Employee may make up for unworked working time during the accounting period.”

That is, on one day the employer will put, for example, 6 working hours on the employee’s timesheet, and on another day, when he makes up for these unworked hours, 10 hours. To avoid conflicts, all changes to the working time schedule must be agreed upon in writing. In an application for unpaid leave, an employee can indicate the day when he is ready to stay at work.

12. How to reflect the period of “vacation at your own expense” in the timesheet?

• In the working time sheet, the vacation period is designated depending on the type of such vacation. So, to indicate a period of unpaid leave, put:

Letters BEFORE or number 16 if the employee asked for leave for family reasons and other valid reasons;

Letters OZ or number 17 if the vacation is the responsibility of the employer;

Letters DB or number 18 if the leave was granted under a collective agreement

The length of unpaid leave depends on the length of service that is calculated for the provision of annual paid leave.

13. How does leave at your own expense affect your vacation experience?

• Vacations at your own expense, which are provided at the request of the employee, are included in the length of service, which gives the right to annual basic paid leave. But only in part that does not exceed 14 calendar days during the working year ( Art. 121 Labor Code of the Russian Federation).
• If an employee took more than 14 calendar days off at his own expense, his working year is shifted by the number of days in excess.
• Days of unpaid leave are excluded from the calculation period when calculating average earnings. This exception does not depend on the length of rest ( subp. “e” clause 5 of the Regulations on average earnings, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

The period of stay on such leave is not included in the insurance period, which is calculated when assigning a pension ( Part 1 Art. 10 Federal Law of December 17, 2001 No. 173-FZ).

Still have questions? Contact us for free consultation to our specialists!

Any person has circumstances when he must be in another place during working hours.

If you just don’t go to work, it will be absenteeism, and its consequences can be very sad.

A solution may be to take time off at your own expense.

What does the law say?

The first thing the employee must do in this case is to refer to the legislative acts, which spell out all his rights and obligations.

To avoid having to turn over stacks of documents or spend hours on the Internet searching for information, in our article we will consider this issue in detail.

Normative base

All relations between employee and employer in Russia are regulated by Labor legislation. It also regulates the employee’s rest.

So, according to the Labor Code, you can take time off in several ways.

The first option is due to the additional rest time provided:

• for overtime (Article 152 of the Labor Code provides for the provision of rest time no less than the time worked overtime);
• for working on weekends and holidays (Article 153 of the Labor Code of Russia);
• working on a rotational basis - overtime hours during the year can be summed up and provided to the employee in the form of an additional day of inter-shift rest (Article 301 of the Labor Code of the Russian Federation);
• for donating blood or its components - not only the day of donation is a day off, but also the next day, which, in turn, can be transferred to any other (Article 186 of the Labor Code of the Russian Federation).

Holidays are not provided in advance for these reasons. In addition, such absenteeism is not shown on the timesheet.

The second option is on vacation.

Article 125 of the Labor Code states that annual leave, which is paid by the organization, can be divided into parts.

Thus, an employee, in agreement with the employer, can take one or more days from it according to a previously written application.

Option 3 - time off at your own expense. This will be discussed in the following chapters of our article.

Vacation or time off at your own expense?

The concept of “time off” does not currently exist in Russian legislation. But it did not go out of use.

In practice, administrative time off is equivalent to leave without pay and is regulated by Article 128 of the Labor Code of the Russian Federation.

To whom and in what situations is it entitled?

This leave can be taken for family reasons, as well as for other valid reasons.

Here the employer independently decides whether to give you an additional day off or not. That is, he may consider the reason disrespectful and not provide time off.

But there are several cases in which the authorities do not have the right to refuse, as well as certain categories of citizens.

These situations and persons who must be granted leave without pay are included in the table, along with the deadline for its provision.

You can view the documents listed in the table here:

How is compensatory time off paid upon dismissal? Read here.

How to take it?

You can’t just decide not to go to work, arguing that this is how you took time off.

This is already truancy. Everything must be documented.

Let's look at the whole process.

How to apply for time off at your own expense?

There is no standardized template for such a statement.

If the company has not developed it independently, then it should be written in free form - the document is handwritten or printed on a printer, it does not matter, the main thing is to put your signature.

The application must indicate the reason for the leave; you can also attach copies of supporting documents or write that they will be provided later.

The signature of the employee himself is not enough.

In order for a day off not to be considered a day off, the document must contain the manager’s resolution. Therefore, you should take care of its registration in advance.

Do you need an order from the employer?

After the application is signed by the director (general director), the organization issues an order to grant the employee leave without pay.

This process occurs in several stages:

• First, the order must be drawn up and printed.
• It is signed first by the head of the organization or a person authorized by him. So, the shift supervisor’s signature on this document does not carry any meaning.
• The text of the order must be familiarized with the applicant himself against signature. If he goes on vacation before the order is issued, this will violate labor laws.

Otherwise, the employer simply will not be able to correctly calculate the length of service that gives the right to annual paid leave (Article 121 of the Labor Code of the Russian Federation).

Is time off allowed for a business trip? Find out here.

How to put paid time off on your timesheet? See here.

Number of days and terms of provision

The duration of this rest period is agreed upon individually by the employee and the employer.

The law in commercial organizations does not limit the number of days, so you can take time off for one day or for a longer time. But for state civil and municipal employees, vacation at their own expense cannot exceed one year.

But here the question arises: how many days of unpaid leave can you take per year, so that this does not affect your length of service, which affects your annual paid leave?

The limit is set at 14 days.

But this does not mean that you cannot take more days off. The employee will simply go on paid leave later.

Let's look at this with a simple example.

Employee of OJSC "Filin" Kurochkin F.V. has been working in the organization since December 1, 2014. In 2017, he went on leave without pay several times for valid reasons:

Let's determine when Kurochkin is entitled to annual leave that must be paid.

To begin with, let’s calculate the number of days that were provided as leave without pay to an employee during the year: 6+13+4=23 days.

Thus, the excess is 23–14=9 days.

Is it possible to apply retroactively?

Orders cannot be drawn up “retrospectively”.

According to the law, an employee does not have the right to go on vacation without the permission of the manager. The latter endorses the application, after which an order is issued based on it. Otherwise, the day off will be considered absenteeism.

And for absenteeism, an employee can not only be fined, but also fired.

What to do if time off is not given?

And he can legally refuse if the reason seems disrespectful to him.

To increase your likelihood of approval, you can use the following tips:

• In practice, time off is often denied due to the fact that there is no one to replace the absent employee. In such cases, you can agree in advance with one of your colleagues that he will replace you during this time.
• You can also do most or all of your work in advance (if possible).
• You can agree with your boss that the work for the days you are absent will be completed later.
• If you are asking for time off to go to the doctor or to look after a sick child, then you don’t have to take time off, but simply bring a doctor’s certificate (for example, from a dentist) or a sick leave certificate. But management still needs to be warned about the current circumstances.

Thus, time off at your own expense can only be granted with the permission of the employer.

The exception is a few situations and categories of citizens. But in any case, documentation before leaving for this day off is mandatory.

Time off at your own expense

The concept of “time off” is not provided for in the law regulating labor relations at an enterprise or organization. The law allows citizens to take vacation at their own expense, in accordance with Article 128 of the Labor Code of the Russian Federation. The number of days taken as part of unpaid leave (at one’s own expense) within 12 months is also regulated.

How to take time off at your own expense

An employee of the organization writes a statement, and his boss issues an order for time off at his own expense. Days are provided for reasons that are recognized as valid. Norm 128 of the Labor Code of the Russian Federation does not provide an exhaustive list of life circumstances in which time off is granted to an employee of an enterprise or company.

Reasons for taking time off

Typically, the reason why a citizen requests time off is considered by the employer. The following are accepted as valid reasons:

• death of relatives;
• wedding;
• illness of relatives, etc.

Only for these reasons a citizen has the right to take time off. This leave can be granted to a citizen for no more than 14 days in 12 months. Exceptions to the general rules are certain categories of persons, for example, persons with disabilities. They have the right to demand 60 days off from their employer for a valid reason. In addition, the employer does not have the right to refuse to provide leave at his own expense in the following cases:

• In the event of the birth of a child;
• In the event of the death of a relative;
• In case of registration of marriage relations.

Time off in these situations is guaranteed and fixed for a period of 5 days.

In other cases, even if the reasons stated by the employee in the application seem valid, the employer may refuse. The employer's decision to refuse is influenced by various factors:

• indispensability of the employee;
• vacation period;
• short work experience;
• probation;
• repeated registration of an additional type of leave;
• violations of discipline;
• production necessity;
• attitude towards the employee: the employee’s reputation, his qualifications, etc.

Other situations for providing leave at your own expense

The law guarantees the provision of leave without pay during entrance examinations to educational institutions for up to 15 days. This is stated in Article 173 of the Labor Code of the Russian Federation. Students of courses in educational institutions, employees who study at universities, and other persons are granted leave of up to 15 days to defend their thesis. In addition, members of the election commission or authorized persons have the right to count on the provision of this type of leave - from the day the elections begin until the end of the elections, as well as the wives of military personnel during the second half's leave.

An application for time off is addressed to the general director of the company (organization) two weeks before the date of receipt of the required time off. If a vacation is taken out hastily, it was not planned earlier, then due to valid reasons for its appearance and the need for it, the employer can be notified 24 hours in advance. The application submitted by the employee must contain the consent of the employer. Based on the application, the employer issues a decree. His form is T-2. It is strictly unified.

Leave without pay, the duration of which exceeds 14 days, is not included in the employee’s total length of service for registration of the next type of leave, as well as for the purpose of applying for early retirement.

Application for time off at your own expense

How to write an application for time off at your own expense for one day on account of vacation according to the Labor Code of the Russian Federation. Time off for family reasons, for funerals, for time previously worked

From time to time there is an urgent need to take an extraordinary day off or take time off from work for a while. At the same time, absence from work that is not documented is considered absenteeism. This article examines in detail current problems and controversial issues relating to such a concept as “time off”. After reading the contents of this article, you will be well aware of your rights and will be able to apply them in practice.

Time off according to the Labor Code of the Russian Federation

The legislation of the Russian Federation, in particular the Labor Code (LC RF), does not contain the concept of “time off”. This term can, rather, be classified as colloquial, which in a broad sense means the absence of an employee from the workplace, which is subject to work or has already been worked. Despite the fact that the term “time off” is not found in legislative and regulatory acts, the Labor Code of the Russian Federation discloses a similar concept in Art. 153, which implies that, at the employee’s will, he may be given time to rest on another working day, instead of an already worked day off.

The concept of “time off” also means a day of rest “on account” of the annual leave, or leave without pay for 1 day.

Art. 106-107 of the Labor Code of the Russian Federation contain information that vacation is one of the types of rest time, expressed in days or hours, when the employee is completely relieved of his work duties.

According to Art. 128 of the Labor Code of the Russian Federation, for family reasons and other compelling reasons, an employee, by his personal written expression of will, may be granted leave without pay for a period of time determined by mutual agreement between the boss and the employee.

How to write a leave application

It is not difficult to draw up an application document for time off. It does not provide special forms, but has a standard form, regardless of the grounds and reasons for its writing. When drawing up an application, you should adhere to the following rules:

• You should start writing the application from the “header”, located in the upper right corner of the sheet. It contains information about the addressee (position and full name, in the dative case) and about the applicant (position and full name, in the genitive case).
• Next, the word “statement” is written in the center.
• This is followed by the text of the application, indicating the date (time) and reason for the leave.
• The application ends with the date of drawing up the document, a personal signature with its transcript.

1. In your appeal, you must indicate compelling, valid reasons that prompted you to take a vacation at your own expense. It would be useful to attach photocopies of available documents to the application as confirmation of the authenticity of the reason (marriage certificate, birth certificate of a child, death of a relative, etc.).

2. Time off is considered legal only after written approval from management. Otherwise, failure to show up for work will be considered absenteeism, and may be a reason for dismissal.

3. The conditions for granting time off are usually contained in the employment contract. If there are no such clauses in the contract, the employer has the right to make a decision at his own discretion, including refusing to grant the employee time off for reasons of urgency of work, lack of replacement, as well as for other subjective reasons. The exception is certain legally provided cases when the employer does not have the right to refuse an employee an extraordinary day of vacation. You will learn about such cases later in this article.

4. A logical conclusion from the previous paragraph: an application for time off must be written in advance (3-5 days in advance), and never retroactively.

Examples of applications for time off for various reasons

The basic form of a sample leave application is as follows.

General Director of Pulse-MS LLC

from the machine operator of the convector workshop

Application for time off

I ask you to grant me leave without pay on 05/05/2017 due to the urgent need to visit a veterinarian.

Sample application for leave at your own expense for one day

“I ask you to grant me leave without pay for 1 working day - 05/15/2016 - due to the urgent need to be present in the apartment at my place of residence during urgent repairs of the heating system.”

An application for time off without saving earnings can be written at any time (3-5 days before the required date). It is impossible to predict whether the employer will sign the application or refuse to grant time off. The granting or refusal of leave without pay is influenced by many factors: from the weight and respectability of the reason for the time off, to the personal attitude of the boss towards a particular employee, his replaceability/irreplaceability, etc.

At the same time, you need to know your rights well, defend your interests and demand time off in situations that guarantee time off by law.

Application for time off on account of vacation for 1 day

“I ask you to amend the established vacation schedule and provide me with annual paid leave from August 15 to August 16, 2016 for 2 calendar days.”

When there is a need to take a day off, but you don’t want to take time off at your own expense and don’t want to lose money, the most preferable is time off at the expense of a vacation. The number of days off can be any, with one limitation: the main part of the annual leave should not be less than 14 days.

Important: annual paid leave is paid at least 3 days before it starts, so you should write the application at least 3-4 days before the planned time off so that the accounting department can accrue vacation pay in a timely manner.

Time off for work on a day off

“I ask you to give me a day of rest on June 23, 2017 for working on the day off on June 12, 2017.”

According to Part 1 of Article 113 of the Labor Code of the Russian Federation, work on holidays and weekends is prohibited. However, an employer can involve a citizen (with his consent) to work on a day off, if necessary, to perform important, urgent work on which the full functioning of the company depends.

Art. 153 of the Labor Code of the Russian Federation provides for double pay for work on weekends. In addition, at the will of an employee who worked on a day off, he may be given a day of rest. An employee can use this day of rest, specified in the law, as a day off by writing a corresponding application, and the work performed on the day off will be paid in the standard - single - amount.

Important: regardless of the number of hours worked on a day off, the employee has the right to a full day of rest.

Application for leave for family reasons

“I ask you to grant me leave without pay from 06/14/2016 to 06/15/2016 for family reasons (due to the urgent need to accompany a minor child on a trip to a hospital in Moscow)”

Leave for family reasons for up to 5 days can be taken out:

• at the birth of a child;
• in case of marriage;
• in the event of the death of a close relative.

Some workers believe that these days are paid. It's a delusion. However, the collective agreement may provide for the payment of a one-time benefit for the above circumstances or financial assistance (at the discretion of management).

In addition, employees who have continuous work experience exceeding 6 months can take a few days or hours off for other reasons that can be classified as “for family reasons.” Workers who have not worked for 6 months do not have the right to this (at the discretion of management), except for 3 categories of persons:

• pregnant women;
• parents of children under 3 months;
• minors.

Time off for previously worked time

“I ask you to give me a day off - 07/05/2017, for previously worked time - 01/01/2017.”

Time off for previously worked hours may be provided to an employee at his request, as an alternative to monetary compensation for hours already worked.

Time off for overtime

“I ask you to grant me leave on 09/13/2017 for the time worked above the norm on 07/08/2017.”

Overtime work (overtime) has the same legal nature as work on holidays and weekends. By virtue of Art. 152 of the Labor Code of the Russian Federation, at the written request of the employee, instead of double pay, it can be compensated by providing time off for a time no less than the overtime worked, and overtime hours are paid at a single rate.

Application for leave for a few hours

“I ask you to grant me leave without pay on July 14, 2017 from 15:00 to 17:00, for family reasons.”

The Labor Code of the Russian Federation does not establish a minimum threshold for the duration of time off, which means that by mutual agreement between the employer and the employee, the latter can be granted time off even for several hours.

Time off for a funeral according to the Labor Code of the Russian Federation

“I ask you to grant me leave without pay from 02/01/2017 to 02/05/2017 due to the death of my sister”

In accordance with Art. 128 of the Labor Code of the Russian Federation, in the event of the death of a close relative (children, brothers, parents, sisters, grandparents, grandchildren), the employee can count on leave without pay for a period not exceeding 5 calendar days. If this time is not enough, it can be extended to 14 days.

Can they refuse time off at their own expense?

The Labor Code of the Russian Federation provides guarantees of the right to leave without pay for up to 5 days in a row to citizens belonging to certain categories, and also determines the total number of days off provided per year. For example:

• For WWII participants – up to 35 days.
• For working pensioners - up to 14 days
• For working disabled people – up to 60 days.
• For parents and spouses of deceased or injured military personnel – up to 14 days.
• For employees who take entrance exams to a university – 15 days.

The Labor Code of the Russian Federation provides guarantees of the right to time off when an employee encounters certain life situations, such as:

• marriage;
• birth of a child;
• death of relatives;
• donation of donor blood (1 day off – on the same day).

Other “legitimate reasons” to take time off

Every officially working citizen is granted the legal right to rest for time worked, overtime, on account of annual leave, and so on; it is enough to correctly draw up (submit) an application for time off and, if necessary, agree with management on specific dates for rest days.

The material was prepared by order of the law firm "Dominium"

Time off at your own expense. Cases of mandatory submission of time off

Time off at his own expense is provided to the employee only after agreeing on this issue with the manager. In cases provided for by law, a superior cannot refuse such a request to a subordinate. This norm is fixed in the labor code. In addition, a citizen has the right to ask the manager for time off at his own expense if he carried out official activities during non-working hours.

Coordination with the manager

In order to get an unscheduled day off, you need to address this issue to your boss. If a subordinate has a good relationship with the manager, and he does not let him down in the performance of his official duties, then the employer will always accommodate such an employee. In this case, you must draw up an application for time off at your own expense and submit it to your boss. Then wait for the latter's decision.

In some cases provided for by law, the boss must grant the employee an unscheduled day off, for example, for carrying out official activities outside of working hours. In addition, some subordinates are entitled to additional unpaid leave. These include:

• working pensioners;
• war veterans;
• wives and parents of fallen military personnel, law enforcement officers, and fire service personnel;
• disabled people.

You can also take time off at your own expense in the event of official registration of family relationships, the birth of a baby, or the death of loved ones. In all other cases, this issue is resolved directly with the manager. In this case, you need to draw up an application and indicate in it a valid reason why the person wants to take time off at his own expense.

Decor

In order to receive an unscheduled day off without saving income, you need to prepare an application and submit it to your boss. You can draw up this document yourself or take a ready-made form from the organization’s human resources department. The application for time off at your own expense is completed as follows:

To the director of __________ (name of institution)

___________________ (surname and initials)

from a subordinate _________________________________

I ask you to provide a day of additional rest (indicate the number) without maintaining the average income, in connection with the formalization of marital relations.

Citizen’s signature ____________ (transcript)

Also, an application for time off at your own expense can be written without indicating a legal basis. In this case, you will need to obtain the consent of your boss.

To the head of the department _______________________

______________________(surname and initials)

from employee ______________________________

Please allow me a day without saving income due to family circumstances (it is best to write about them in full).

Subordinate's signature _________

In this case, time off is granted by the decision of the manager.

For time worked

Situations very often occur at enterprises when a citizen is called upon to perform official duties during non-working hours, which must be supported by an order. Based on this document, the employee will be able to request another day off from the manager in the future. If the boss refuses this request to a subordinate, this will be a serious violation of labor laws.

Time off towards vacation

Sometimes situations occur in life when an employee simply needs to take an extra day of rest to solve his personal problems and at the same time keep his earnings for the missed time. In this case, you need to submit an application for time off on account of your vacation. There is no sample of it in the legislation, so a citizen can prepare it independently or take a form from the personnel department. Here it is necessary to note the fact that persons who have been working in the organization for at least six months have this right. Such a statement is drawn up as follows:

To the director ____________________ (company name)

_______________________________ (surname and initials)

from employee ___________________ ( surname and initials)

I ask you to provide me with one day as my main vacation.

Signature of the subordinate ____________ (transcript)

After writing the application, you need to submit it to the manager for signature and wait for his decision. If it is positive, then you will need to go to the HR department with this document, where a specialist will draw up an appropriate order. And only after this can you count on an additional day of rest.

Extenuating circumstances

Days without pay are provided to employees only upon agreement of this issue with the head of the enterprise. But what should you do if there is a good reason, but your boss won’t let you leave work? In this case, TC comes to the rescue. It states that the boss must provide leave without pay in the following cases:

In this case, its duration is up to five days. Therefore, in such situations it is necessary to prepare a statement. It should contain Article 128 of the Labor Code as a basis. This is necessary in order to receive time off at your own expense. A sample application is presented below:

To the head of the department __________________

_________________ (surname and initials)

from an employee _________________________________

Please give me a day off with income withholding due to the birth of the baby on ________ (specify date).

I will provide a copy of the child’s birth certificate after receiving it.

How to fill it out correctly

Even if a citizen only needs a couple of hours to visit a doctor at a clinic, he still needs to formalize the time off in writing at his own expense. A sample application is as follows:

To the head of the department _______________________________

____________________________ (surname and initials)

from subordinate ______________ (last name and initials)

I ask you to give me a day off with withholding of my earnings due to the fact that I need to go to see a doctor at the clinic.

We have reviewed samples of applications for time off. We hope the information was useful to you.

Time off at your own expense

Time off at one's own expense in the generally accepted sense means the employer's permission for an employee to miss a working day without pay. But does such a concept exist in law?

The word “time off” does not exist in the Russian Labor Code. There is the concept of additional leave, which can be provided for a number of reasons without pay (unpaid leave). These could be the employee’s valid reasons, family circumstances, or the employer’s obligation to compensate, for example, for overtime worked.

Need rest

Additional rest may be provided to an employee:

• for previously worked overtime instead of payment;
• according to personal desire, requirement.

The latter formulation may be satisfied by the employer, but may be refused. A day off on account of future or partially used vacation cannot be considered time off at one’s own expense.

Word of the law

If employees are delayed at the workplace at their own request, the employer has the right not to provide time off at the time specified by the employee. Therefore, any order regarding overtime work or on weekends and holidays must be made in writing by management with advance notice and an order signed. This provision is regulated by Letter of Rostrud 10.03.08 No. 658.6.0.

In the case of officially registered overtime, on holidays or on weekends, the employee can choose independently whether he wants to receive the payment required by law at least 1.5-2 times the regular rate or replace it with a day of additional rest. This is regulated by Art. 152 TKRF.

Additional rest can be provided based on the number of hours worked overtime, that is, for a day, several days or part-time. And when working on weekends and holidays, the employee has the right to an unpaid day of rest during working hours and to single payment for the time actually worked under Art. 153 of the Labor Code.

In this option, the time off will appear in the time sheet as a simple day.

Moreover, the same article stipulates that the day is provided to the employee regardless of whether he worked a full day on a day off or just a few hours.

Mandatory rest is also required for donors, which is regulated by Article 186 of the Labor Code. The remaining options for obtaining time off are optional for the employer, except for reasons recognized by law as valid and specified in the collective agreement. By decision of the employee, donor days can be added to vacation, that is, he has the right to increase vacation, and it is absolutely legal.

Good reasons

According to the law, there are only three valid reasons for taking time off at your own expense.

• death of a close relative (parents, children, spouses);
• own wedding;
• birth of a child (for father).

In other cases, if the union has not taken care to satisfy other reasons, the employer may refuse.

Typically, at large enterprises, the collective agreement includes the following valid reasons for time off:

• children's wedding,
• death of any relative,
• September 1st for parents of first-graders, etc.

The manager’s decision to refuse additional time off may be influenced by:

• the indispensability of the employee at his workplace,
• reporting period,
• short period of work, being on a probationary period,
• frequent registration of additional rest,
• disciplinary violations,
• by necessity,
• personal attitude towards the employee, his reputation at work, etc.

Dismissal of an employee due to staff reduction is a lengthy procedure. Read more in the article.

Time off and length of service

By law, an employee can only take 14 days off per year at your own request. The employer, for a valid legitimate reason, is required to provide up to 5 time off at the request of the employee. All time off in excess of the two-week limit will be deducted from the total length of service when calculating the pension.

From this point of view, it is more profitable to take time off for the extra time worked, the main thing is to formalize it.

You can foresee such a situation in advance and leave your vacation a couple of days earlier by agreement with your superiors in order to have them in reserve. In these cases, additional days of rest will not be noticeable on the report card, and therefore will not reduce the legal limit.

We arrange time off at our own expense

Time off or additional rest according to the Labor Code is issued with the prior consent of the parties and upon the personal application of the employee. But there are some nuances here. The application can be submitted in several ways. Moreover, according to the law, in some situations the employer has complete carte blanche, and in some his actions are strictly limited by the law.

Time off that is not arranged in advance, even if it is taken for legitimate reasons, is considered absenteeism.

And therefore, it qualifies as a reason for dismissal.

Duration for different categories of workers

Time off at your own expense also includes vacation at your own expense. For some categories of employees it is required to be provided upon application. This is stipulated in the Labor Code.

There are certain standards that cannot be exceeded:

• age pensioners (women over 55, men over 60) have the right to 14 days unpaid additional rest per year;
• participants of the Great Patriotic War for a period of no more than 35 days;
• Disability pensioners have the right to a maximum of 60 days of rest without pay;
• full-time students during the session, practice, writing a diploma for a period of 15 days to 4 months;
• applicants to universities, technical schools, vocational schools for the period of taking preparatory courses, passing entrance exams no more than 15 days;
• spouses or parents of military personnel killed in the line of duty before 14 days a year;
• employees working in difficult conditions, in the far north or in conditions equivalent to them;
• part-time workers are required to provide leave at their own expense for a period that does not overlap with part-time leave in relation to leave at the main place of work.

Statement

For small companies where there is no specific form, an application for time off at one’s own expense is written to the immediate supervisor in free form. For large companies and enterprises there is a specific form, and the HR department should have a sample application.

Sample application for time off at your own expense: Sample-application-at-your-own-expense

On each application, the reasons for granting time off must be indicated when endorsed (for future leave, according to the Labor Code, due to one’s own wedding, for previously worked time, etc., if the reason for granting time off is regulated by law, then it is necessary to indicate the article of the Labor Code - base).

Based on the application completed and signed by the manager, an order is issued indicating the reasons for the leave of absence and the basis for consent. The employee gets acquainted with it against his signature, the order is sent to the employee’s personal file.

Decrease in earnings

The procedure for payment and registration of time off may be additionally specified in the collective agreement. Time off at your own expense is not paid. If it is provided on account of days of vacation registered but not taken, the employer has paid for it in advance.

In the situation of working on weekends, as mentioned earlier, time off can be chosen in exchange for part of the double pay for the day off worked. Moreover, if the day off is not fully worked, then payment is made at the standard rate for the hours actually worked, and the additional day of rest is provided in full (Letter of Rostrud dated 07/03/09 No. 1936.6.1).

It should be taken into account that the number of days off without pay affects the calculation of the amounts of sick leave, maternity leave, and vacation pay, since these days reduce the average earnings. There is no payment for days off.

The most common example (Figure 1):

The employee worked full day on Sunday during a five-day week. He agreed with the employer on a single payment and a day off compensation on the Tuesday following the working day off. No payment is made for the sixth day, since this day is equivalent to a day off, and with this method of payment it is not taken into account for the purpose of calculating wages. Moreover, if all the other days were worked according to schedule, then the number of working days in the month will not change, since in fact the 4th and 6th were simply swapped, that is, the employee will not lose any salary, will get a day off, just at a different time , meeting the employer halfway.

Go a different way

Leave without pay can only be taken with the consent of the employee. If such additional rest is initiated by the employer, then it is called idle time and must be paid in the amount of 2/3 of the salary.

If an employee needs a day of additional rest for family or other reasons that are not described in the Labor Code as mandatory for the employer, and the boss does not want to objectively or not provide it, then there is practically no way out. The situation can be saved by making a request to higher authorities, but in practice, the manager always supports the manager. So, if the boss is biased towards the employee for personal reasons or is simply an unfriendly person, then you will not be able to do your personal business during working hours - you will have to wait for a legal vacation.

In Russian legislation in labor relations, of course, there is no concept of time off, but in reality everyone understands what we are talking about even without legal background. Usually, the interpretation of this concept does not cause controversy. But it is worth remembering that unauthorized time off, without confirmation of the consent of management, is defined as absenteeism, and therefore, the employee has the right to be fired under the article.

How is Cyprus used in offshore schemes? See here.

The card details for salary transfer can be provided personally by the employee. Read more in the article.

In the event of a controversial situation and legal proceedings, only a violation by the employer in the form of a refusal to sign a statement will be relevant in cases where the law stipulates the mandatory provision of time off, even if the total amount per year exceeds the permissible 14 days. The remaining cases are entirely under the control of the employer, since the Labor Code of the Russian Federation does not regulate the procedure for spending accumulated additional days within certain periods.

It should also be understood that time off cannot be a bargaining chip in the relationship between the employee and the employer, and you cannot, having taken time off, work it off later (first work off, and only then compensation with additional rest). There are no restrictions on the total number of days and on a one-time application for granted time off.

Even the most inveterate workaholics sometimes find themselves in a situation where work fades into the background. But whatever the circumstances, it is unlikely that anyone will decide to risk losing their job by dealing with personal problems during official time. A way out of this situation is provided for by the Labor Code of the Russian Federation - this is the possibility of obtaining leave at your own expense.

Grounds for granting leave without pay

Leave without pay, or, as it is commonly called, without pay, is granted only if the employee has a good reason. Therefore, the corresponding application must necessarily contain a reference to specific circumstances that do not allow the employee to be at the workplace for a certain time.

At the same time, deciding whether the reason indicated by the employee is valid enough to grant him leave is entirely the prerogative of the employer, assigned to him by Article 128 of the Labor Code of the Russian Federation.

According to established practice, in addition to registering a marriage, the birth of a child or the death of a close relative, the need to see off a son for military service in the armed forces or send a child to a place of summer vacation may be recognized as circumstances requiring leave.

Vacation at one's own expense is formalized by an order or instruction issued on the basis of a handwritten application by the employee. Despite this, the employee can return to perform his official duties at any time by notifying his supervisor in writing.

The employer's obligation to provide leave without pay

Part two does not allow refusal to grant leave without pay in cases where it is required by parents of minor children, employees bearing the title of Hero of the Soviet Union or Russia, as well as full holders of the Order of Glory or Labor Glory, veterans of military operations and labor.

Students of higher educational institutions who are studying full-time and combining it with work also have the legal right to such leave. Few people know, but in case of illness, any employee can receive leave at his own expense for a period of three days without providing a certificate of incapacity for work or other medical documents.

Duration of vacation

Unlike the Labor Code previously in force in Russia, the modern Labor Code of the Russian Federation does not know the concept of “short-term leave without pay.” Therefore, today its duration is determined by agreement with the employer. The lower and upper limits of the period are not regulated by law, but they may be reflected in the local regulations of the enterprise.

The exception is the cases prescribed in part two of Article 128 of the Labor Code of the Russian Federation, which provides for the right of WWII participants to receive leave at their own expense for up to 35 days in each calendar year of working pensioners, as well as spouses and parents of military personnel and persons equivalent to them who died in the line of duty. official duty - up to 14 days.

Disabled people, according to the same norm, can count on leave without pay for 60 days a year, and new parents, newlyweds or employees who have lost a close relative - up to 5 days.

Protects the rights of parents of minor children. Thus, up to 14 days of leave without pay at any time during the year are legally granted to employees who have more than one child under the age of 14 or a disabled minor. Single fathers and mothers have the right to such leave even if they have only one child under 14 years of age.

Heroes of Russia or the Soviet Union, as well as full holders of the Order of Glory, enjoy the right to annual leave without pay for a period of up to three weeks, granted to them by part three of Article 8 of Law No. 4301-1 of January 15, 1993. A similar duration of leave is established for Heroes of Socialist Labor and full holders of the Order of Labor Glory in accordance with the provisions of part two of Article 6 of Law No. 5 of January 9, 1997.

In what cases can you take vacation at your own expense?

Vacation at your own expense is an employee’s initiative to take several unpaid days in order to resolve some of his issues or problems. During such rest, wages are not accrued, but the job is retained. In addition, if an employee takes less than 14 calendar days a year, then this break does not in any way affect the calculation of his working year for annual leave.

Whether or not to release an employee on unpaid leave is the employer’s right, not his responsibility. You can take a few days at your own expense after an agreement has been reached with your superiors. But there are cases when management does not have the right to refuse to issue its employee several unpaid days.

For example, the Labor Code of the Russian Federation specifies circumstances in which management is obliged to give up to 5 calendar unpaid days. These are cases such as:

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

To apply for a vacation at your own expense, if such circumstances exist, you must write an application addressed to the management and attach supporting documents to it. But since all certificates of changes in civil status are issued somewhat later after the event, a copy of the supporting document can be brought later. The employer does not have the right to refuse to issue such leave on such grounds, but it is better to approach in advance and discuss the dates of “time off” so that there are no discrepancies later.

In addition, there are also categories of employees to whom the employer is obliged to provide several days of rest “at his own expense” during each working year. The Labor Code of the Russian Federation states that these days can be taken at any time convenient for the employee, having previously agreed on his vacation with management. The duration of rest for certain categories of citizens is regulated not only by the Labor Code of the Russian Federation, but also by other laws, including federal ones. For example, Federal Law No. 5-FZ of January 21, 1995 “On Veterans” stipulates the duration of unpaid leave for working veterans of all wars.

The categories of employees to whom the employer is obliged to provide leave without pay at a time convenient for them after agreement with management are presented in the table below:

	Duration of vacation
WWII participants	Up to 35 calendar days per year
Working pensioners (old age)	Up to 14 calendar days per year
Parents and spouses of military personnel who died in the line of duty	Up to 14 calendar days a year
Working disabled people	Up to 60 calendar days per year
Employees who are allowed to take entrance exams to higher education institutions	15 calendar days
Employees who are students of preparatory departments of universities to take final exams	15 calendar days
To pass the intermediate certification	15 calendar days a year
For writing a thesis and preparing for final exams	4 months
To pass final exams at universities	1 month
	Up to 35 calendar days per year

To receive unpaid leave, you must write an application and attach a document confirming this right. For example, a working pensioner, in order to receive leave of up to 14 calendar days per year, must attach a copy of his pension certificate.

Registration of leave without pay

If an employee needs to take a few days off at his own expense, he must notify his management about this. The notification is submitted in writing in the form of an application written to the head of the structural unit or to the head of the enterprise. The document can be drawn up by hand or filled out a template available in the HR department. There is nothing complicated! It is necessary to indicate the period during which the applicant plans to be absent from the workplace and the reason.

The latter does not always need to be specified. If you reach an agreement with your superiors, you can state the reason orally, and in your application simply ask for a few unpaid days. If the employee is a “beneficiary”, and the employer’s responsibilities include providing him with such leave, then the reason must be indicated in the application. In addition, documents confirming the benefit must be attached to it.

It is necessary to ensure that the application has been accepted for consideration. It is recommended to fill out 2 identical applications, submit one to the HR department, and keep the other. Your copy must have a mark that will be put by a HR employee. The mark must include the registration date, the number of the incoming document, as well as the signature of the employee who accepted it.

After this, if there are no objections from the employer, it is necessary to issue an appropriate order. This is done by an employee of the HR department, and the boss signs it. Only after the employee has read the order against signature, he can safely be absent from the workplace, without fear that these days will be counted as absenteeism.

A corresponding entry must also be made in the personal card of the absent employee. This is necessary in order to monitor whether unpaid leave will affect the length of the working year. This is important to consider when providing annual paid leave.

These days must also be reflected in the timesheet. This is done like this:

The period of such leave includes both holidays and weekends. This is its main difference from basic paid leave.

Guarantees for an employee on leave at his own expense

When an employee is not actually at work, the employer does not have the right to fire him. The only exception is the complete liquidation of a legal entity. Therefore, an employer cannot terminate an employment contract at will while its employee is on unpaid leave. If an employee falls ill during such leave, sick leave will not be paid. The exception is going to work the day before the onset of illness. Then the benefit will be paid in accordance with current legislation, based on the employee’s length of service and his average earnings.

But if during a vacation at her own expense a woman goes on maternity leave, it will be paid in the amount of 100% of her average earnings. In this case, unpaid leave must be interrupted the day before the start of maternity leave.

A woman can spend many months on unpaid leave, and the employer will not have a basis for calculating maternity benefits for her. Then payments should be calculated in the amount of 100% of average earnings, the tariff rate or other material value in which labor is paid at a given enterprise.

That is, management has no right to fire a person who is absent from work at his own expense. Therefore, his job is retained. But someone must perform job duties for the absent employee. As a rule, management arranges a job match for another person and pays him extra for it. As soon as the “vacation worker” returns to work, the additional payment will be withdrawn. If an employee is absent from work for several months, then it will be more difficult for management to get out of the situation. Therefore, the issue can be resolved in a different way!

You can take as many unpaid days as you like, but by prior agreement with management. If such leave lasts more than 14 calendar days, this will affect the correct calculation of the working year for the provision of annual leave.

Can an employer send people on vacation at their own expense?

No, vacation at your own expense is solely the good will of the employee himself. An employer does not have the right to send a person on vacation and not pay him for a day.

If the employer cannot provide its workforce with a working process, then it will be downtime due to the fault of the employer. Management may send employees home, but these days will be paid. Downtime is paid in the amount of 2/3 of the average earnings of each employee.

If management sends employees on unpaid leave, this is a violation of rights. Therefore, employees can complain to the labor inspectorate. An audit of the employer's activities will be initiated for violations of labor laws. If violations are detected, the employer will be held accountable in accordance with Art. 5. 27 Code of Administrative Offenses of the Russian Federation. The sanction under this article is a fine:

• for officials of the organization (manager) - a warning or a fine from 1000 to 5000 rubles. If the employer commits such an offense again, this will entail a fine of 10,000 to 20,000 rubles. or disqualification for a period of one to three years;
• for entrepreneurs - a fine from 1000 to 5000 rubles. If the employer commits such an offense again, this will entail a fine in the amount of 10,000 to 20,000 rubles;
• for an organization - a fine of 30,000 to 50,000 rubles. Repeated violation entails a fine of 50,000 to 70,000 rubles.

You can write a complaint to the labor inspectorate or the prosecutor's office.

Dismissal while on vacation at your own expense

The person himself may express a desire to resign at any time, including on vacation, which he took at his own expense. And the employer does not have the right to fire him. The exception is the complete liquidation of the enterprise. In this case, even pregnant women are subject to dismissal. If an employee decides to quit during unpaid leave, he needs to write a statement and submit it to the human resources department. This can be done by visiting the employer in person or by sending an application by mail. Vacation at your own expense will not be interrupted.

The time that the employee will be on unpaid leave will be counted as work, provided that he will be on vacation for all 2 weeks. If the employee wishes, he can interrupt his rest and go to work for these 2 weeks. Then the employer, when he makes a full payment, will have to pay for these 2 weeks.

The procedure for dismissing an employee on unpaid leave is no different from the procedure for dismissing an employee who is actually at the workplace:

• the employee writes a statement and submits it to the HR department in an accessible way. It is necessary to ensure that it is properly registered;
• Based on the application, a dismissal order is issued. This happens closer to the end of the working period. The employee must be familiarized with the order against signature;
• on the last working day, the resigning employee must be fully paid, given a work book with a record and other “labor” documents.

Difficulties arise in determining the last working day, since the employee does not actually work. When will it be right to hand over all the money and documents?

This must be done on the last day of work. That is, on the actual day of dismissal.

How to arrange a vacation at your own expense

It must be reflected in personnel documents. All entries are made on the basis of an order to provide a specific employee with several days of rest without pay. But the entry in the report card will depend on the basis on which this leave is granted:

• if leave was granted in agreement with management, then you should make a note “BEFORE” or indicate digital code 16;
• if leave is granted in accordance with the law, then the mark must be “OZ” or digital code 17.

When writing an application for unpaid leave on legal grounds, documents must be attached to the application.

The law guarantees the employee the right to rest. It is implemented by providing a set number of days per year for a certain time of actual work. However, the employee may need to receive additional days of rest. Then, with the consent of the employer, he can go on vacation without pay.

Leave without pay can be issued by an employee by submitting a corresponding application addressed to the company management.

Only when the director reflects his permitting visa on him, then this person can be granted the specified rest period. During this period, his previous place of work remains with him, but no accruals are made.

In order for the administration to allow taking leave at its own expense, the employee must have a valid reason. Very often, to confirm it, you also need to provide documents along with the application that confirm the validity of the employee’s request for leave.

The administration must consider the request, and even if all the documents submitted are available and the reason why the person working at the enterprise is requesting leave is valid, it has the right to refuse. This is often associated with preventing disruption of the production process.

Attention! If the director does not give his consent to days of rest without accrual of wages, and the employee still does not go to work, this time will be considered absenteeism, and as a result, appropriate penalties will follow for this violation. The last resort would be.

The company management also determines the duration of the upcoming leave without pay. However, in cases specified in regulations, obtaining permission from the employer for this period is not necessary; it is sufficient to submit an application for leave without pay as a notification.

In what case cannot an employer refuse leave at his own expense?

Regulatory acts list situations in which an employee must be granted leave without pay.

Such situations include:

• When a newborn appears in the family of a company employee, a document confirming the birth of the child.
• If employees of the company get married - a marriage document.
• When a close family member dies - a death certificate.

In each of these situations, the employee working at the enterprise is entitled to leave without pay for five days.

Certain categories of working citizens can take advantage of additional unpaid rest in accordance with the law. In these cases, it is not necessary to obtain consent from the administration.

These include:

• Working pensioners - this category has the right to 14 days of such a period within one year.
• Persons who participated in the Second World War can count on leave without pay for 35 days.
• For employees who have a disability group, their vacation time without pay can be up to 60 days in one year.
• For employees who are family members of military personnel who were killed or died while performing official assignments, unpaid leave for this category can last 14 days.
• In situations expressly specified in federal legislation. For example, when combining work and full-time study, if the employee has several employers, when caring for children, etc.

The employer himself, in his regulations, may provide for situations where his employees may be granted additional periods of leave without pay. In such situations, when the employee’s case falls under the one specified in, the administration is also obliged to provide rest days to this employee.

Preferential categories of citizens have the right to take leave without pay for the entire stipulated period, or to break it up in parts throughout the year. In this case, the total number of days of unpaid leave must be observed. It is allowed to exceed it for these categories, but for this you will then have to obtain the consent of management.

Attention! An employee may belong to several benefit categories, but then the duration of leave should not be summed up. As a rule, such workers choose the most favorable conditions.

Leave without pay at the initiative of the employee: maximum period in 2018

When determining the duration of such a vacation, it is necessary to take into account the fact that the Labor Code of the Russian Federation does not establish a maximum period for vacation without pay.

However, if this does happen, you need to remember that such information is considered personal data, and therefore must be processed and stored in accordance with the law. Disclosure may result in criminal liability. You should also not indicate a fictitious reason - if the administration considers it disrespectful, then leave may be denied.

Attention! If leave is requested due to the occurrence of an event, then copies of documents confirming this must be attached. These include copies of birth and death certificates, certificates from government agencies or other organizations, etc.

If at the time of submitting the application the employee does not have such documents, but he knows for sure that he will have them in the future, he must indicate on the form a specific date by which he will be able to provide them.

Step 2. Make a vacation order

After the director has approved the granting of leave to the employee by affixing a visa to the application, this document must be returned to the personnel department. There, on its basis, you need to issue a leave order.

For this operation, you can use the standard one, or, if the rest period is provided to several employees at once, T-6a. The order can also be issued on company letterhead at any time.

When using a standard form, information about leave must be entered in section “B”, and section “A” must be left blank. The name of the vacation period is “Vacation without pay.” This section reflects the number of days for which it is issued.

In section “B” you will need to duplicate the information from the previous section, but also indicate the period of days on which the employee will rest.

Information about the submitted application is recorded in the “Bases” column.

Step 3. Give the employee an order to familiarize himself

After the order form is fully completed, it must be signed by the head of the company. Next, the document is handed over to the employee for review. He needs to read its contents and then put his signature in a specially designated column.

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