Taking care of paperwork: step-by-step instructions for applying for leave for an employee

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Published: 06/03/2016

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The Labor Code of the Russian Federation obliges employers to provide their employees with whom employment contracts are concluded with paid leave annually (Article 122). The Constitution of the Russian Federation guarantees employees the right to implement them. According to Article 114, for the entire duration of the employee’s stay on such leave, he retains his position and average salary.

The procedure for provision is regulated by the articles of the Labor Code and differs depending on the employee’s vacation experience.

• Duration
• Periodicity
• Vacation experience
• Vacation schedule
• Division into parts
• Documenting
• Payments
• Dismissal during vacation
• Transfer
• Review from vacation

Duration

Regular paid vacations are divided into two groups: main and additional.

The basic one is due to absolutely all employees, including seasonal workers and those engaged in home work, as well as part-time workers and those with whom an employment contract has been concluded for a period of up to two months. It can last 28 calendar days; for some categories, extended basic leaves of 42 and 56 days are provided (for example, for teachers). This right does not depend on the legal form of the employer or the position of the employee.

Additional leave is provided to the following categories of employees:

• employed in work with dangerous or harmful conditions;
• performing work of a special nature;
• working on an irregular schedule;
• workers of the Far North regions and areas equivalent to them.

Part of the vacation exceeding 28 days can be replaced by monetary compensation upon the written application of the employee. Substitutions for the following categories are not permitted:

• pregnant women;
• minors;
• those employed in jobs with harmful and dangerous conditions, if additional leave is assigned specifically for these conditions.

Also, additional leaves may be provided by the employer at his discretion as an incentive or motivation, which is reflected in local regulations.

The duration of paid leave is not limited in any way by law; the employer has the right to provide the number of days of rest at its discretion.

Paid holidays are provided in calendar terms. This means that weekends are included and are not subtracted from the total number of days.

The right to annual basic paid leave

Let’s figure out how to properly send an employee on basic annual paid leave without damaging the company’s activities and healthy relationships in the team. You need to know that all employees who have worked continuously in the organization for six months have the right to annual paid leave. Wherein:

• women who want to take leave before going on maternity leave or immediately after leaving it can do this before the expiration of this period;
• minor employees also do not have to wait until six months have passed since they started working for the company and request leave earlier;
• on preferential terms and adoptive parents of a child under three months of age.

By the way, employees under the age of 18 have the right to extended leave of 31 calendar days at any time convenient for them (standard annual paid leave is 28 days). When selecting personnel, it is necessary to take into account that the labor of minors will entail high costs.

Periodicity

Leave is granted annually.
In this case, it is not the calendar year that is considered, but the working year, and it is individual for each employee. The first day of the working year is the date the employee starts work - his first working day. For example, if an employment contract was signed on June 6, 2021, then the employee’s working year will last until June 7, 2021. After six months have passed from the first working day, the employee becomes entitled to leave.

Further, he will use this right once a year in accordance with the vacation schedule.

By agreement of the parties, leave can be granted earlier than six months. And pregnant women and employees who have not reached the age of majority must be granted leave upon their written application and before the expiration of the six-month period.

Study leaves

Federal laws No. 185-FZ of July 2, 2013 and No. 443-FZ of December 22, 2014 provide compensation and guarantees in the field of correspondence education.

Articles 173-176 of the Labor Code of the Russian Federation determine the conditions and list of paid leaves for participation in sessions of higher education programs:

• for students of preparatory courses - 2 weeks;
• applicants have 2 weeks to take the entrance exam;
• 1st and 2nd year students - 40 days, when passing external exams for two courses - 50 days;
• for passing state exams - a month and defending diplomas - up to four months.

There are other benefits for on-the-job training.

• For example, if an employee of an enterprise is studying for a bachelor's or master's degree in another city, once a year the employer pays for the student's travel.
• The same benefits plus 30 days of paid leave are provided when an employee is sent to professional development courses or qualifications.
• In the last year of study, the employee has the right to claim one “study” day per week, payment for which is made in the amount of half the average salary.
• If an applicant for an academic degree, a candidate for a doctor of sciences (or a doctor of sciences) works at an enterprise, then he is entitled to a vacation of three months (or six months).

Vacation experience

Article 121 of the Labor Code of the Russian Federation includes the following periods counted towards the length of service to obtain the right to rest:

• periods actually spent at the workplace and work activities;
• periods during which the employee did not actually work, but his position was retained (during regular vacations, absence due to illness);
• periods when an employee was absent from work through no fault of his own (illegal dismissal with subsequent reinstatement, removal from duties due to the inability to undergo a mandatory medical examination).

Excluded:

• periods of absence from work without good reason;
• period of parental leave;
• periods of vacation without maintaining average earnings exceeding 14 days (in total for the working year).

Vacation pay calculation

There are special formulas for calculating vacation pay. They take into account the actual days worked, the average daily earnings and the number of vacation calendar days. In addition, the accounting department also takes into account those days when the employee was absent for a valid reason (sick leave, pre-agreed time off, etc.)

Special circumstances: postponement, extension, division of leave

As the law states, sometimes the next planned vacation may be postponed to another time during the current calendar year or extended.

This is possible if, for example, a company employee is temporarily unable to work or is forced, for reasons beyond his control, to perform his official duties during the vacation period. Sometimes exceptional situations are permissible when vacation is transferred to the next calendar year, for example, if the absence of an employee during a given vacation period may negatively affect the internal production processes of the enterprise, but such a transfer is possible only with the voluntary consent of the person.

Important: if it turns out that the vacation is postponed to the next calendar year, then an indispensable condition will be that it must be used during it.

Quite often, enterprises practice dividing vacation into parts. This decision is made with the voluntary consent of the employee and the employer. As a rule, 28 days of vacation are divided into two-week periods, but, in fact, the law does not limit the number of parts into which these 28 days can be divided. The main condition is that at least one part is 14 days.

Vacation schedule

The schedule is drawn up and approved by the head of the organization no later than

two weeks before the start of the year (calendar). When compiling it, the opinion of the trade union body and the preferences of employees may be taken into account, if possible.

The manager issues an order to draw up such a schedule. Employees express their wishes in writing. Department heads also prepare information about the presence of employees on staff who are entitled to additional or extended vacations. The schedule is drawn up according to the unified form T-7 in two copies (for the personnel service and for the accounting department).

A copy is provided to all employees for review.

Vacation registration algorithm

The procedure for providing annual paid leave depends on the case in which it is provided: according to the schedule established by the enterprise or at the employee’s own request and by agreement with the employer.

Procedure for registration

According to Article 123 of the Labor Code of the Russian Federation, a schedule for determining the order of entry into the paid vacation period is drawn up and approved two weeks before the new calendar year.

Accordingly, when an employee goes on annual paid leave on the specified date, the procedure will be as follows:

1. Two weeks before the expected date, the employee receives a written notification from the employer against signature.
2. Three days before the date, the manager issues an order granting the employee an annual paid vacation period . The order is issued using the T-6 form, which indicates the name of the leave provided, the employee’s details and the period of provision. After this, the order is registered in a special accounting journal, and is also provided to the employee for review and signature.
3. A calculation note is drawn up . As a rule, it is drawn up in form T-60 and contains the following information: personal data of the employee, opening and closing dates of vacation, information on payment of vacation money.
4. According to Article 136 of the Labor Code of the Russian Federation, three days before the opening date of the vacation, the employee is paid vacation money.
5. The employer places a mark on the employee’s time off on the work time sheet.
6. The employee’s personal card (T-2) contains a note about the vacation period.

On the opening day of the granted vacation period, the employee does not officially enter the workplace.

Required documents

Based on the above algorithm of actions when registering a vacation period, we can summarize the required list of documents:

1. Vacation schedule in form T-7 . This is a mandatory document at the enterprise, regulating the order in which employees go on paid leave.
2. Order from the manager to provide the employee with the provided period in the T-6 form.
3. Calculation note drawn up according to a special form T-60.
4. Personal card of the employee in the T-2 form.
5. Time sheet for the enterprise according to the T-12 form.

However, in some cases, depending on the current situation, additional documents are required.

Application from an employee for leave

In a situation where an employee goes on an annual paid vacation period, according to the established schedule, writing an application is not a mandatory requirement.

When an employee goes on annual paid leave, all documentary responsibility falls on the shoulders of the manager, who must notify the employee two weeks in advance, and three days in advance issue the appropriate order and pay vacation pay.

However, there are situations when, in addition to the above documents, an employee must write a corresponding application for granting him leave. Typically these include:

1. An employee has worked at an enterprise for less than 6 months of continuous work . This condition is regulated by paragraph 2 of Article 122 of the Labor Code.
2. Going on vacation on a date other than planned . Thus, according to paragraph 4 of Article 123, certain categories of employees can ask for a vacation period at any convenient time at their request. For example, an employee whose wife is on maternity leave may request a period of leave during that time, regardless of the employer's continuous hours of work.
3. In the absence of a vacation schedule at the enterprise . This option is unlikely, since the absence of this document at the enterprise is grounds for imposing penalties on the employer.

In all these situations, the employee must notify the employer of his desire in writing at least three days in advance. Next, as with scheduled leave, an order for the period is drawn up and handed over to the employee for review and signature.

After this, from the date specified in the order, the employee officially may not go to the workplace.

In all other situations, an application for a vacation period from the employee is not required.

Documenting

To obtain the right to leave, the employee must write an application in any form.

It should contain:

• Full name and position of the manager;
• Full name and position of the employee about whom the application is being written;
• Title of the document;
• a request for leave indicating its type (regular annual and/or additional) and start and end dates;
• date of application and signature of the employee.

The manager must endorse the application and give an order to the personnel service to create an order for the provision of leave with the appointment of persons responsible for its implementation.

The order is drawn up according to the unified form T-6 and T-6a, it contains the employee’s personal data, the start and end dates of the vacation, and instructions from the accounting department for making payments.

Step-by-step instructions for registration

Vacation registration occurs in a certain order. And in order to understand how to properly arrange leave for an employee, you should familiarize yourself with the information below.

Scheduling

An employee who has worked for more than one year is entitled to compulsory leave. In order to avoid conflicts and violations of workers’ rights, schedules are drawn up annually, which clearly define the dates for each employee’s vacation.

This document is compiled taking into account the wishes of employees, the specifics of the organization’s work and regulations. The schedule is provided to all employees for review and is confirmed with their signatures.

Expert opinion

Irina Vasilyeva

Civil law expert

The duration of annual leave cannot be less than 28 calendar days, excluding holidays.

Employee notification

The second step in registration is sending a notification to the employee who is going on vacation. The document specifies the duration of the employee’s leave and other mandatory information.

Drawing up an order

The final stage of sending an employee on leave is issuing an order to grant it. The document must be signed by the head and seal of the organization.

Payments

Vacation pay payments are calculated in accordance with the provisions of Article 139 of the Labor Code.

The amount of payments is calculated from the employee’s average earnings. Average daily earnings are calculated for the 12 months preceding the vacation. To do this, the entire amount of payments for this period is divided by 12, then by 29.4. This amount is then multiplied by the number of vacation days.

Payments must be made three days before it starts.

When should vacation pay be paid?

The payment period for vacation pay is at least 3 calendar days before the start of the vacation. If an employee goes on vacation on Monday next week, transfer his vacation pay on Thursday. You can issue vacation pay earlier, for example, along with your salary.

If you are late on vacation pay, give the employee compensation - 1/150 of the refinancing rate for each day of delay. This is not much: for a week of delay of 20 thousand rubles in vacation pay, you will pay 70 rubles in compensation.

If the labor inspectorate finds out about the violation, it will fine:

• 30,000 - 50,000 rubles - organization,
• 10,000 - 20,000 rubles - officials, for example, a director or accountant,
• 1,000 - 5,000 rubles - individual entrepreneur.

Dismissal during vacation

One of the guarantees for an employee is that he retains his job and position during the vacation period. During this period, the employer does not have the right to fire him. The only exception is the liquidation of an enterprise or termination of the activities of a legal entity.

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Transfer

The vacation schedule is mandatory for both employees and managers.
In practice, circumstances often arise that require rescheduling vacation dates. In this case, changes are made to the schedule in agreement with management. If the initiative comes from an employee, he must write a statement. Also, if there is a production need, the vacation can be postponed to the next working year with the consent of the employee. But not providing vacation for more than two years in a row is prohibited by law.

Vacation: what documents are processed first?

Documents for granting leave begin to be formed long before employees go on vacation.
The first and very important document from our package is the vacation schedule. It is compiled at the end of the year. The employer must approve the schedule for the next working year no later than 2 weeks before the end of December. When establishing the priority of vacations, the employer is recommended to take into account the wishes of employees. At the same time, the schedule must be drawn up so that vacations do not negatively affect the company’s activities. From March 30, 2020, the President of the Russian Federation declared non-working days in order to prevent the spread of coronavirus infection. Is it possible to send all employees on vacation during a pandemic and how to properly arrange vacation during this period, ConsultantPlus experts explained:

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Read more about the order in which annual paid leave is provided in this article.

Draw up a schedule using the unified T-7 form or the form accepted by the organization. To approve the schedule, an order may be issued, a sample of which you will find here. If events occur during the year that do not fit into the established sequence of vacations, changes may be made to the schedule.

Find out what documents to submit for parental leave for a child under three years of age for an external part-time worker in the ready-made solution from ConsultantPlus. If you don't already have access, get a free trial online.