How to apply for unpaid leave.
Vacation at your own expense is a situation that any personnel officer faces. A number of questions accompanying the registration of such leave can confuse even an experienced personnel officer.
For example, you need to know whether to accept sick leave if an employee was sick on unpaid leave . Is there an employer’s obligation to let employees go on vacation without pay, is it legal to send the team on administrative leave if there is no work at the enterprise.
In order to arrange everything correctly and not set up the boss, let’s look at all the nuances.
Time off or vacation
Before the adoption of the Labor Code, the Labor Code had such a concept as time off. However, today this is not the case. However, in essence, it is inscribed in real relationships, meaning compensation for work on a weekend or holiday.
Articles on the topic (click to view)
- Fine for late payment of vacation pay
- What to do with unused vacation
- What to do if your employer does not pay vacation pay
- How long after employment is vacation allowed?
- Is maternity leave taken into account when calculating pensions?
- Accounting for compensation for unused vacation
- Dismissal while on maternity leave
This is stated in Art. 153 TK. Although work on such a day will be paid at double the rate, the employee has the right to declare that he will take a break for rest. Then for a working day off he will receive a single pay.
Leave without pay for working pensioners
Working citizens who have received pensioner status due to age are legally entitled to additional benefits. According to para.
4 tbsp. 128 of the Labor Code of the Russian Federation, the employer is obliged to provide additional leave at his own expense to pensioners at their request for a period of up to 14 calendar days a year.
This period can be divided into several parts throughout the entire working year.
A pensioner may be granted a longer leave on the basis of the law if he has the right to other benefits and is:
- for a working disabled person - up to 60 calendar days;
- participant of the Second World War - up to 35 calendar days.
New form: key filling rules
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
New reporting to the Russian Pension Fund became mandatory only in 2021. Now insurance companies are required to report annually on all employees and specialists who worked during the reporting period.
Let us remind you that the report in the SZV-STAZH form is generated based on information for 2021. We talked about which form to use, when to submit it and how to correctly fill out the information in the reporting form in a separate material “Filling out and submitting the SZV-STAZH form to the Pension Fund of the Russian Federation.”
Rules for filling out SZV-STAZH - leave at your own expense
So, you should fill out a special reporting form only for certain categories of employees. Include information about the following employees:
- who work for the company under an employment contract;
- with whom civil contracts have been concluded;
- who work under licensing agreements or copyright agreements.
Vacation at your own expense
The Labor Code of the Russian Federation contains the concept of “leave without pay” (Article 128). This type of rest is provided to the employee with the will and consent of the employer. In some cases, the latter releases the employee unconditionally (the cases are listed in the above article).
This type of leave cannot be counted toward the employee’s length of service, since during this time the latter does not receive a salary, including average earnings, or other payments that could be subject to insurance contributions and contributed by the employer to the Pension Fund.
The legislation of the Russian Federation does not provide for exceptional cases in relation to the above legal relations between an employee and an employer. In view of this, time spent on vacation without pay is deducted from the insurance (work) experience.
A certain category of workers can earn “special seniority,” although this term is not found in legal documents. This applies to citizens working in the Far North or other similar places. In this regard, they are entitled to various benefits.
It is noteworthy that leave without pay is not included in the concept of “special work experience”. The courts spoke about this in their decisions.
Is length of service valid if a person is on leave without pay | Roman law
How to apply for unpaid leave.
Vacation at your own expense is a situation that any personnel officer faces. A number of questions accompanying the registration of such leave can confuse even an experienced personnel officer.
For example, you need to know whether to accept sick leave if an employee was sick on unpaid leave . Is there an employer’s obligation to let employees go on vacation without pay, is it legal to send the team on administrative leave if there is no work at the enterprise.
In order to arrange everything correctly and not set up the boss, let’s look at all the nuances.
Before the adoption of the Labor Code, the Labor Code had such a concept as time off. However, today this is not the case. However, in essence, it is inscribed in real relationships, meaning compensation for work on a weekend or holiday.
This is stated in Art. 153 TK. Although work on such a day will be paid at double the rate, the employee has the right to declare that he will take a break for rest. Then for a working day off he will receive a single pay.
Leave without pay for working pensioners
Working citizens who have received pensioner status due to age are legally entitled to additional benefits. According to para. 4 tbsp.
128 of the Labor Code of the Russian Federation, the employer is obliged to provide additional leave at his own expense to pensioners at their request for a period of up to 14 calendar days a year.
A pensioner may be granted a longer leave on the basis of the law if he has the right to other benefits and is:
- for a working disabled person - up to 60 calendar days;
- participant of the Second World War - up to 35 calendar days.
New form: key filling rules
New reporting to the Russian Pension Fund became mandatory only in 2021. Now insurance companies are required to report annually on all employees and specialists who worked during the reporting period.
Let us remind you that the report in the SZV-STAZH form is generated based on information for 2021. We talked about which form to use, when to submit it and how to correctly fill out the information in the reporting form in a separate material “Filling out and submitting the SZV-STAZH form to the Pension Fund of the Russian Federation.”
Rules for filling out SZV-STAZH - leave at your own expense
So, you should fill out a special reporting form only for certain categories of employees. Include information about the following employees:
- who work for the company under an employment contract;
- with whom civil contracts have been concluded;
- who work under licensing agreements or copyright agreements.
The Labor Code of the Russian Federation contains the concept of “leave without pay” (Article 128). This type of rest is provided to the employee with the will and consent of the employer. In some cases, the latter releases the employee unconditionally (the cases are listed in the above article).
This type of leave cannot be counted toward the employee’s length of service, since during this time the latter does not receive a salary, including average earnings, or other payments that could be subject to insurance contributions and contributed by the employer to the Pension Fund.
The legislation of the Russian Federation does not provide for exceptional cases in relation to the above legal relations between an employee and an employer. In view of this, time spent on vacation without pay is deducted from the insurance (work) experience.
A certain category of workers can earn “special seniority,” although this term is not found in legal documents. This applies to citizens working in the Far North or other similar places. In this regard, they are entitled to various benefits.
It is noteworthy that leave without pay is not included in the concept of “special work experience”. The courts spoke about this in their decisions.
Leave at the request of the employer
If at some time there are few orders at work, then many of them switch, for example, to a three-day week, and sometimes “ask” employees to go on vacation at their own expense in order to save costs. At the same time, such a request from the employer cannot be called completely legal. After all, the only initiator of going on administrative leave is the employee himself.
If there is a trial and the facts of downtime and lack of application are established, the employer may be held liable with the obligation to pay the employees the appropriate amount for their length of service. But such claims are not always satisfied. It is unlikely that employees should count on success if:
- there are many employees, and all requests for leave indicated their reasons;
- even if there are many vacations, some employees of retirement or non-retirement age continued to work;
- there are no witnesses who saw that the statement was written under pressure.
Special provisions
For periods such as unpaid leave, the report provides a special code. Thus, the time a specialist is on special leave without pay is in column 11 of the tabular part of the report. This code is suitable not only for unpaid time off, but also for:
- downtime due to the fault of the employee;
- unpaid periods of exclusion and suspension from work;
- unpaid rest for teaching staff;
- similar unpaid periods.
During this period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, therefore he is included in the vacation period.
So, if an employee has been registered with the company since June 11, 2021, then, despite the fact that he has a probationary period of a month, his working year will begin no later than June 11, 2021.
Time spent on maternity leave
At the request of a woman and in accordance with a medical report, she may be granted maternity leave. Its duration ranges from 140 to 194 calendar days, depending on the presence of complications and the number of children born. And it is fully included in the vacation period.
Source: https://rezteh71.ru/opeka/1590-otpusk-za-svoy-schet-vkhodit-v-trudovoy-stazh.html
Leave at the request of the employer
If at some time there are few orders at work, then many of them switch, for example, to a three-day week, and sometimes “ask” employees to go on vacation at their own expense in order to save costs. At the same time, such a request from the employer cannot be called completely legal. After all, the only initiator of going on administrative leave is the employee himself.
If there is a trial and the facts of downtime and lack of application are established, the employer may be held liable with the obligation to pay the employees the appropriate amount for their length of service. But such claims are not always satisfied. It is unlikely that employees should count on success if:
- there are many employees, and all requests for leave indicated their reasons;
- even if there are many vacations, some employees of retirement or non-retirement age continued to work;
- there are no witnesses who saw that the statement was written under pressure.
Administrative leave: features of provision
November 8, 2013 Discuss 0 0 Any of us may have personal matters that we cannot solve on a weekend, and on weekdays we are busy at work.
But few people remember that in some cases they have the right to go on so-called administrative leave. Under what conditions can an employer provide its employee with such How long can administrative leave be?
And what if the employer refuses such a request?
About this in the article. Definition of the concept In fact, there is no official definition of the concept of “administrative leave”.
An employer may release its employees on forced leave
Does administrative leave affect the length of service giving the right to additional leave?
Korovkina had the following deviations from the normal working day: Periods of work Duration of the period Included/excluded from the length of service Sick leave from 03/10/2015 to 03/18/2015 from 02/05/2016 to 02/10/2016 Included Labor paid basic annual rest from 11/01/2015 to 11/28/2015 from 01.09.2016 to 28.09.2016 Includes Vacation without pay (at own expense) from 10.06.2015 to 30.06.2015 Excludes 7 calendar days (21-14) Suspension from work due to failure to pass a knowledge test on labor protection from 01.11.2016 to 03.11.2016 Excluded Being on a business trip from 12/10/2016 to 12/17/2016 Included According to the Labor Code of the Russian Federation, an employee has the right to 28 calendar days of basic paid leave for each working year: Working year Period Duration of the main annual paid rest Explanations First From 01.10. 2014 to 10/07/2015 28 cal days.
Read more: Purchase and sale of real estate, shared ownership
Special provisions
For periods such as unpaid leave, the report provides a special code. Thus, the time a specialist is on special leave without pay is in column 11 of the tabular part of the report. This code is suitable not only for unpaid time off, but also for:
This is important to know: Are previous vacation pay included in the calculation of vacation pay?
- downtime due to the fault of the employee;
- unpaid periods of exclusion and suspension from work;
- unpaid rest for teaching staff;
- similar unpaid periods.
Probation
During this period, the employee is subject to the provisions of labor legislation and other regulatory legal acts containing labor law norms, therefore he is included in the vacation period.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
So, if an employee has been registered with the company since June 11, 2021, then, despite the fact that he has a probationary period of a month, his working year will begin no later than June 11, 2021.
Time spent on maternity leave
At the request of a woman and in accordance with a medical report, she may be granted maternity leave. Its duration ranges from 140 to 194 calendar days, depending on the presence of complications and the number of children born. And it is fully included in the vacation period.
Controversial and difficult situations
Conflicting opinions arise regarding some periods. And it is not always clear whether to exclude them from the length of service that gives them the right to paid leave, or, conversely, to include them.
Vacation period followed by dismissal
It should not be confused with the vacation period during which the employee wrote a letter of resignation - such a period is included in the vacation period on a general basis.
As for leave followed by dismissal, opinions differ on it.
If we rely on the Determination of the Constitutional Court of the Russian Federation dated January 25, 2007 No. 131-О-О, then we can come to the conclusion that the time of vacation followed by dismissal is not included in the vacation experience, although this is not directly stated in the document.
The court gives several reasons in favor of its decision: it points out that “the last day of work of the employee in this case is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation.” On this day, the employee is given a work book and a full payment is made to him. The employment relationship with the employee is effectively terminated, he does not retain his job (position), and he can no longer withdraw his application for dismissal.
On the other hand, Art. 121 of the Labor Code of the Russian Federation states that the length of service giving the right to annual basic paid leave includes the time when the employee did not actually work, but retained his place of work (position), and this article does not make an exception for the period of leave from subsequent dismissal.
Time for mandatory medical examinations
This period applies to certain categories of workers (Article 213 of the Labor Code of the Russian Federation), for example, to drivers who undergo a mandatory medical examination. And this time is included in the vacation period. Moreover, the vacation period also includes the period of suspension from work of an employee who has not passed a mandatory medical examination through no fault of his own.
At the same time, it is necessary to distinguish between the concept of a mandatory medical examination, provided for by law and carried out at the expense of the employer, and a medical examination at the initiative of the employee. Passing a medical examination on your own can lead to dismissal for absenteeism (Appeal ruling of the Moscow City Court dated November 12, 2013 in case No. 33-34857).
Time of forced absence due to illegal dismissal
Sometimes situations happen when an employee is first fired and then reinstated through the courts. The resulting time of forced absence due to the fault of the employer is included in the vacation period. That is, this period is equal to the time of actual work. In this case, it is necessary to correctly determine the boundaries of the working year of the employee who has been reinstated.
Let's say the next working year began on September 20, 2021, and on December 10, 2021, the employee was fired. According to the court's decision, he would be reinstated at work, and on March 10, 2021, he would return and begin performing his official duties again. Thus, the period from December 10, 2021 to March 9, 2021 turned out to be forced absenteeism.
Before dismissal, the employee’s working year was counted from September 20, 2017 to September 19, 2021. And his boundaries will not shift due to illegal dismissal, since the vacation is just another one. Vacation is provided according to the vacation schedule. When an employee is reinstated at work, he has the right to demand that unused vacation be provided to him.
Features of granting leave without pay, which is included in the length of service
Those who are going on unpaid leave sometimes wonder whether leave without pay is included in their seniority. The HR officer may also encounter various incomprehensible nuances when applying for this type of leave. For example, he must know whether to take sick leave if the employee is sick during a given period, whether the employer has the right to refuse this leave, and other nuances.
According to the Labor Code of the Russian Federation, the employer has the right to let employees go on vacation without pay. But for this they must provide evidence of valid reasons. However, they are not specified in the law, so this indicator is decided by the boss. He can either let you go or refuse the request. The law, however, establishes the obligation to provide leave without pay, but with experience, which is useful for pensions, for a certain number of days, namely:
- 35 days for WWII participants;
- 14 days for old people, parents and the spouse of a police officer, customs officer, Ministry of Emergency Situations, drug control;
- 60 days – for those who have become disabled;
- 5 days for a father who has just had a child, at his own wedding, at the funeral of a relative.
The collective agreement adopted by the company may contain other reasons for taking leave without pay. True, the conditions for this are only for the better compared to those established by labor legislation, but not for the worse. Leave may also be granted to students:
- Universities (for a session half a month, for defending a diploma - four months, and for passing a state exam - a month);
- secondary professional institutions (ten days per session, and two months for passing the state exam).
Naturally, in order to receive vacation at your own expense, this time must be confirmed by a special certificate. Otherwise, cases will be considered on an individual basis and will be agreed upon by everyone. In Art. 121 of the Labor Code of the Russian Federation contains the answer to the question of whether leave is included in the length of service if it is provided without pay. The answer will be positive if it lasts no more than 2 weeks within one year. Other days will not count towards seniority and will not be counted toward pension, so the employee will lose some of his vacation pay.
Is length of service interrupted during leave without pay?
Free from mobile and landline Free multi-channel phone 8 If you find it difficult to formulate a question, call the free multi-channel phone 8, a lawyer will help you 1. Can a man who works at a factory with 20 years of experience take an academic degree? Vacation for a year without pay and with job protection?
Example What is the difference between insurance and labor? First of all, these two concepts are confused. Calculation of the insurance period is necessary to establish the existence of the right to a pension. It includes the time when funds for compulsory pension insurance were deducted from the employee’s payments.
Inclusion of unpaid leave in the length of service for granting a pension
Below is an article from the Russian Pension Fund. In accordance with Article 10 of the Federal Law No. Work means, first of all, labor activity under an employment contract. In this regard, the following should be noted. The article of the Labor Code of the Russian Federation, further referred to as the Labor Code of the Russian Federation, stipulates that rest time is the time during which the employee is free from performing work duties and which he can use at his own discretion. The article of the Labor Code of the Russian Federation provides a list of types of rest provided to employees, which, along with annual paid and annual additional paid leave, includes leave without pay. Leave without pay is provided at the request of the employee, the duration of which is determined by agreement between the employee and the employer, article of the Labor Code of the Russian Federation. The provision of such leave to an employee is formalized by order of the enterprise, institution or organization. At the same time, while the employee is on leave without pay, the employment relationship is not interrupted by Article 77 of the Labor Code of the Russian Federation.
Is vacation included in the length of service upon dismissal?
Moscow and the Moscow region on the appointment of an early labor pension, having heard the report of Judge Rakunova L. Vasilchenko V. Moscow and the Moscow region on the appointment of an early labor pension. Moscow and the Moscow region refused to grant her an early retirement pension in old age.
Is vacation included in the length of service upon dismissal Question: An employee goes on vacation with subsequent dismissal. Vacation period from
Is unpaid leave included in seniority?
A site about work and leisure. The site is dedicated to everything related to vacation, rest and work: Depending on the purpose of pension or vacation, length of service is calculated differently. Let's take a closer look at the various options.
Personnel issues. On vacation at your own expense Vacation at your own expense, or, more correctly, without pay, is a fairly common phenomenon. However, leave without pay is taken not only and not so much in order to relax. Therefore, let's talk about the legal aspects: You cannot agree to refuse. Everyone has the right to leave without pay. To do this, you just need to write a statement, indicating the reason and deadline.
Sick leave on vacation
It is important to know that sick leave does not interrupt this vacation and is not issued at such a time at all. As a rule, employees are not aware of these issues, and doctors who prescribe bed rest are not required to inquire whether the patient is on vacation or not. However, the Social Insurance Fund should not accept sick leave, since contributions are not being made at this time.
Sick leave, as with the issue of pensions, is a fact of incapacity for work. The period of illness must be paid, but if it falls on vacation, or when a person lives off a pension, then the time is not paid additionally. But, if the sick leave continues during the return to work, then the corresponding days are not interrupted and must be compensated.
Decor
In this process, an application is first recorded and then an order is issued. The manager can release the employee for any period of time: for a day or for a year. However, the issue of internal incoming documents must be fully resolved. Relevant documents must be attached to the application. After agreement and understanding that the vacation will be included in the length of service, or part of it will not be included, a corresponding order is issued. The employee must be familiar with it. You can leave only after the employee has signed this document. Otherwise, he may be held accountable for truancy. At the end, the relevant information is entered into the personal card, and the accounting department makes the calculation.
Registration of unpaid leave
The administrative registration procedure consists of two steps:
An application for one day at your own expense must also be completed, because the registration procedure does not change depending on the duration of the vacation . The director, by agreement, can let an employee go for at least a year, even for a day, arrange it correctly!
Supporting documents are attached to the application . if leave is granted by law. If the employee does not have the opportunity to attach documents, it should be noted in the application that they will be attached later.
After the application has been agreed upon and endorsed, prepare an order: it can be in the T-6 form, or it can be in the organization form. After reading the order, the employee can go for a walk.
After reading the order, you need to enter data about the vacation in your personal card, and provide a note with calculation to the accounting department .
On the report card
Information is indicated using the code “DO” or in numbers - 16. It is prohibited to enter o if the employee has taken sick leave, even if the vacation is included in the length of service. This code is indicated only at the time when payment is due.
This is important to know: How holidays are paid on vacation according to the Labor Code
If the employee does not have the right to go on vacation, then he can try to negotiate with his boss. However, there should be no requirement to leave work or forced retirement.
Time off or vacation without pay?
Time off was provided for by the Labor Code; there is no such concept in the Labor Code . However, time off at your own expense fits well into modern labor relations and is even enshrined in the Labor Code. Time off is compensation for working on a holiday or non-working day.
Art. speaks about this. 153 TK . work on a day off is paid double, but the employee, if he wishes, can declare in writing the right to rest on any other day, then the payment for a working day off will be single.
What is the difference between insurance and labor?
First of all, these two concepts are confused. Both of them are related to the calculation of pensions, as well as other payments to the employee, but are applied differently.
Calculation of the insurance period is necessary to establish the existence of the right to a pension. It includes the time when funds for compulsory pension insurance were deducted from the employee’s payments.
In addition, it includes a number of non-insurance periods: the time of receiving unemployment compensation, benefits for up to 1.5 years of a child, caring for a disabled person, an elderly citizen, as well as a disabled person of any age. This also includes the social activities in which the citizen was engaged.
Important! The insurance period is used not only when determining pension savings, but also when establishing the percentage of sick leave payment. The higher this indicator, the higher the percentage of payment of temporary disability benefits - from 60 to 100%.
Work experience is a generalized concept used to determine the size of a pension for periods before 2002. It applies only to those employees who worked before 2002. It includes all work time, as well as work activities of a socially useful nature.
For sick leave
Payment (compensation) for sick leave is carried out on the basis of the insurance period.
It should be noted right away that it is used not only to calculate pensions, but also to determine the share of funding for hospital payments.
The longer the insurance period, the higher the share of sick pay (60-100%).
Subparagraph 1 of paragraph 1 of Article 9 of Law No. 255-FZ of December 29, 2006 clearly stipulates that during the period of being on leave without pay, the employee is not paid sick leave.
Is vacation at your own expense included in the calculation of your pension?
When calculating a pension, both work experience for periods before 2002 and insurance coverage for later periods can be taken into account.
The employee must know how his pension will be affected if he takes leave without pay.
This type of vacation is always arranged at the employee’s initiative based on an application.
In some cases, management is obliged to provide time off, regardless of its consent. Their list can be found here. Sometimes management decides on the issue of providing days off without pay at its discretion.
The Pension Fund clearly defines that only those time periods that were accompanied by contributions to the pension can be included in the insurance. Currently, this is the part of contributions that is calculated at a rate of 22% of the amount of income accrued to the employee. From the beginning of 2021 A pension contribution is paid to the Federal Tax Service.
The time spent on vacation at one's own expense is regulated by Article 128 of the Labor Code of the Russian Federation and is characterized by the absence of wages. Since earnings are not saved during time off, there is no basis for calculating insurance contributions for a pension - no deductions are made during this period.
The legislation does not contain any exceptions for relative days off without pay and their consideration when calculating pensions. Consequently, vacation time without pay is not included in the insurance period.
Important! Currently, work experience is actually equivalent to insurance coverage. Therefore, days taken at one’s own expense do not increase the length of one’s length of service.
Do days off without pay count towards the vacation period?
Vacation experience is the sum of those time intervals in an employee’s work activity for which he is entitled to regular annual paid leave.
It is necessary to know whether rest time without pay is taken into account in the vacation record. This will allow you to correctly calculate the required vacation days, as well as the compensation paid upon dismissal.
Part 1 of Article 121 of the Labor Code of the Russian Federation establishes that vacation time without pay is included, but only within 14 days. If an employee rests without pay for more than two weeks in total for the year, then the days of excess are not taken into account when calculating vacation pay and compensation assigned upon dismissal.
2 weeks are calculated for the working year, not the calendar year. A worker is considered to be the year that is counted from the date the employee is hired.
If there were no periods excluded from the leave of absence in the next 12 months, then the working year ends on the day preceding the day of employment, taking into account the past year. If there were excluded periods - for example, the number of days off at your own expense exceeded 14, then the end date of the working year is shifted by the number of days not taken into account.
Example
Employee Sokolov A.A. hired as an accountant from 02/03/2018.
Being a working pensioner, he took advantage of the right to leave without pay, but instead of the required 14 days, he took 21 days at his own expense by agreement with the director.
Will this period without pay be taken into account in the vacation record?
Solution:
According to Article 121 of the Labor Code of the Russian Federation, only 14 calendar days can be included in the length of service for calculating vacation and compensation upon dismissal without maintaining the required salary. This means that 7 days taken at your own expense over this period do not include the vacation period.
Expert opinion
Polyakov Pyotr Borisovich
Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.
Working year for A.A. Sokolov will end 7 days later, as it will shift due to the excluded period - from 02/03/2018 to 03/09/2019. During this period, Sokolov is entitled to 28 vacation days. The countdown to the new working year will begin on March 10, 2019.
The time spent on vacation at one's own expense does not increase the length of employment and insurance coverage due to the lack of a base for pensions and other contributions during these periods.
Moreover, according to the law, 14 days of rest without pay for a year is included in the length of service for calculating vacation pay and compensation calculated upon dismissal.
All other days without pay over 14 per year are not taken into account.
The article describes typical situations. To solve your problem , write to our consultant or call for free:
This is important to know: Does unused vacation from previous years expire?
Periods that do not count towards vacation time
There are three hundred such periods.
121 Labor Code of the Russian Federation. 1. The time the employee is absent from work without good reason.
https://www.youtube.com/watch?v=ytcopyrightru
In the report card (form No. T-12 approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1), these days are indicated by the following codes.
Code | Operating periods |
PR (24) | Absenteeism |
NB (35) | Suspension from work without pay |
As for the time of absence from work for a full working day for a good reason (and this is assessed by the employer himself), such a period can be included in the length of leave. For example, if an employee did not go to work because he had an accident on the way to work. An employee’s absence from work due to suspension of work due to a delay in payment of wages for more than 15 days can also be regarded as a valid reason. 142 Labor Code of the Russian Federation.
Rostrud explained to us how to correctly reflect on a timesheet the day of absence from work for a valid reason.
FROM AUTHENTIC SOURCES
SHKLOVETS Ivan Ivanovich
Deputy Head of the Federal Service for Labor and Employment
“An employee’s absence from work for a valid reason not related to temporary disability does not mean at all that he should be given unpaid leave for these days. After finding out the reason for absenteeism, the report card still contains the letter code “NN” or the numeric “30”.”
2. Time of parental leave until the child reaches the age of 3 years. In a standard situation, when an employee uses this leave in full, this is the time from the day following the last day of maternity leave for the mother until the day when the child turns 3 years old. 256 Labor Code of the Russian Federation. In the report card, this leave is indicated by the letter code “OZH” or the numeric “15”.
3. Vacation time at your own expense in excess of 14 calendar days per working year, indicated by the letter codes “DO” or “OZ” or the numeric codes “16” or “17”.
Is leave without pay included in the length of service for calculating a pension?
According to the Labor Code of the Russian Federation, the employer has the right to let employees go on vacation without pay. But for this they must provide evidence of valid reasons. However, they are not specified in the law, so this indicator is decided by the boss. He can either let you go or refuse the request. The law, however, establishes the obligation to provide leave without pay, but with experience, which is useful for pensions, for a certain number of days, namely:
- 35 days for WWII participants;
- 14 days for old people, parents and the spouse of a police officer, customs officer, Ministry of Emergency Situations, drug control;
- 60 days – for those who have become disabled;
- 5 days for a father who has just had a child, at his own wedding, at the funeral of a relative.
The collective agreement adopted by the company may contain other reasons for taking leave without pay. True, the conditions for this are only for the better compared to those established by labor legislation, but not for the worse. Leave may also be granted to students:
- Universities (for a session half a month, for defending a diploma - four months, and for passing a state exam - a month);
- secondary professional institutions (ten days per session, and two months for passing the state exam).
Naturally, in order to receive vacation at your own expense, this time must be confirmed by a special certificate. Otherwise, cases will be considered on an individual basis and will be agreed upon by everyone. In Art. 121 of the Labor Code of the Russian Federation contains the answer to the question of whether leave is included in the length of service if it is provided without pay. The answer will be positive if it lasts no more than 2 weeks within one year. Other days will not count towards seniority and will not be counted toward pension, so the employee will lose some of his vacation pay.
Is length of service interrupted during leave without pay?
Is the vacation period retained when an employee is transferred from one organization to another, during a company reorganization, or when reinstated by a court decision? How does part-time work, probationary periods, periods of unpaid leave, and educational leave affect length of service? How to exclude periods from the vacation period? Read about this in our expert’s article.
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The concept of maternity leave and seniority
Maternity leave is a temporary paid release from the performance of one’s duties at work, to which every woman has the right for the purpose of the successful completion of pregnancy and childbirth. After the birth of the baby, the mother deserves a rest. Moreover, she must constantly be near the child. This vacation is divided into two parts:
- for pregnancy and childbirth;
- for child care up to three years old.
The first part directly depends on how the pregnancy and the birth itself proceed. So, when all is well, its total duration will be 140 days. If complications are detected, the leave is extended to 156 days. If two or more babies are born, the leave is extended to 194 days.
The next part of the vacation falls on the period of time until the child turns one and a half years old. Not only the mother, but also another family member can apply for it. Vacation with financial support is included in the length of service. In the future, the woman giving birth or, again, someone else from the family has the right to remain on maternity leave for up to three years. This part is already at our own expense.
If we talk about work experience, then this is the entire working period of the employee. It can also be divided into types:
The first involved calculating the entire time of a person’s professional activity. Later it was replaced by the SS, which accepts for calculation only the time when contributions to the Pension Fund are made. The third type is awarded only to certain categories determined by government decision. Maternity leave will not apply to all of the above types.
Administrative leave experience
Similar topics If you find it difficult to formulate a question, call, a lawyer will help you: Free from mobile and landline Free multi-channel phone If you find it difficult to formulate a question, call a free multi-channel phone, a lawyer will help you 1. 30 years of teaching experience.
Currently I have been working as a methodologist at school for four years.
Can I take administrative leave for 1 year?
1.1. Larisa, if they provide it to you, then you can.