Administrative leave is called in everyday life, and often in business documentation, leave at one’s own expense or unpaid leave. In the articles of the Labor Code it is called “leave without pay.” To go on vacation this way, in most cases you need to write an application. However, there are some exceptions to this rule.
- 2 Application deadlines
- 3 Structural design of the application
- 4 Grounds requiring mandatory leave without pay
- 5 Actions of an employee if the manager refuses to grant leave
- 6 Withdrawal of application
- 7 Procedure and terms for storing leave applications
- 8 Video: how a HR officer can apply for leave without pay
What is administrative leave
As Art. 128 of the Labor Code of the Russian Federation, once a year an employee is provided with annual paid leave. In addition, the employee has the right to take administrative leave. It represents additional unpaid leave. Another name for this type of leave is leave at your own expense or without pay.
Please note that an employee can take unpaid leave only on his own initiative. An employer does not have the right to force people to take vacation at their own expense. For such actions he faces administrative liability.
Drawing up an application
An appeal to the head of an enterprise or organization regarding the provision of administrative leave is drawn up in any form with the inclusion of several mandatory structural elements in the text of the application.
You can download a sample application for administrative leave as part of this article. You need to personalize it by entering the following information in the lines provided:
- employer name:
- Full name, position, place of work of the employee;
- the reason why the employee requests leave at his own expense;
- the date from which he wishes to receive leave;
- duration of the desired vacation.
The signed application is submitted either directly to the manager or to one or another department of the enterprise responsible for receiving applications.
Based on the results of consideration of the application, the employer will either issue a leave order or refuse to provide leave, putting a corresponding resolution on the employee’s application.
Cases of granting unpaid leave
The Labor Code regulates the procedure for granting leave at one's own expense. This is stated in Art. 128 and art. 173 Labor Code of the Russian Federation. Let's consider cases in which the employer is obliged to allow the employee to go on unpaid leave.
Thus, up to 5 calendar days leave is granted to employees who:
- a child was born;
- a close relative has died;
- marriage.
When granting unpaid leave, other reasons are formulated as family circumstances or valid reasons and their names are indicated. may refuse to grant leave for a valid reason , having every right to do so .
In addition, according to Part 2 of Art. 128 of the Labor Code of the Russian Federation, there is a certain group of persons who are entitled to additional unpaid leave unconditionally . These include:
- disabled people - regardless of their health group, they can receive unpaid leave of up to 60 calendar days per year;
- participants of the Great Patriotic War, who are entitled to up to 35 calendar days of administrative leave;
- old age pensioners;
- spouses or parents of military personnel killed in the line of duty can count on unpaid leave of up to 14 calendar days .
Thus, the employer is obliged to approve their leave at his own expense, having previously agreed on the dates of absence from the workplace. Despite the fact that the employee will not receive wages, his job will be retained .
We also note an important detail: administrative leave is provided as needed , and not according to a schedule drawn up in advance.
Now check out the sample application for administrative leave, which you can download for free:
How to register
As in other cases, rest days that an employee wants to take without pay are issued at the request of the employee. The application shall indicate:
- number of vacation days;
- reasons, if they are named in the Labor Code, or simply the phrase “for family reasons.” So that the employer has no doubt that your absence from work is a necessary measure, it is better to attach documents to justify the reasons for your absence.
Sample application for administrative leave
Based on the application, an order is issued to either grant or refuse leave. The last option must indicate the reasons for the refusal. The employee reads the document and signs it.
The number of days provided is recorded in the employee’s personal card.
Providing leave without pay at the initiative of the employer
As noted, an employer cannot force unpaid leave without good reason. In this case, the employee can contact the appropriate authority - the labor inspectorate (LIT).
In accordance with the Code of Administrative Offenses of the Russian Federation, such a violation threatens individual entrepreneurs and officials with a fine:
- from 1000 to 5000 rub. – for individual entrepreneurs;
- from 30,000 to 50,000 rub. – for organizations (as you can see, the fines are impressively higher).
However, there are good reasons when an employer can send on a type of leave. This happens when he can no longer fully fulfill his obligations to employees or it becomes economically unprofitable. The employer may be exempt from paying wages, but is obliged to pay maintenance to all employees who are forced to take such leave. For example, in a downtime situation, payment will be at least 2/3 of the salary or average earnings for the entire “vacation” period.
How to take time off at your own expense for family reasons?
There are a huge number of cases of granting leave without pay. It is simply impossible to list them due to their diversity.
This is explained by the fact that the reasons for the need for such leave are, as a rule, family circumstances, be it the illness of a relative, the urgent departure of the employee himself, the need to visit one or another organization whose opening hours coincide with the working hours of the worker, etc. In any case, the validity of such reasons is assessed by the employer in each specific case.
The main and necessary condition for obtaining leave is the timely submission of an application to the manager indicating the reasons for the leave and the subsequent issuance of the corresponding order.
How leave is granted and what needs to be done to get it, we will consider further.
Results
We looked at what unpaid leave is, who is entitled to it, and which employees the employer does not have the right to refuse.
Thus, with the exception of the three situations considered and a certain category of persons, the employer may not provide administrative leave. This is only his right, but not his obligation .
In the application, the employee can indicate the period of leave he requires. The employer, in turn, may reduce the number of vacation days or refuse to provide it altogether. In any case, vacation at your own expense must be agreed upon with management, following all local regulations of the company.
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17.08.2020
Sample application for leave without pay
Procedure for taking leave without pay.
The basis for granting leave without pay is a written application from the employee.
The application is written in free form addressed to the head of the organization and must contain the start date of the vacation, its duration and reason or preferential basis. If the reason for leave is not unconditional, and the employee does not belong to preferential categories, then the application must contain a resolution from a superior manager.
Based on the application, an order to grant this leave is issued and signed.
The employee gets acquainted with the order against signature.
Please note that the employer does not have the right to send an employee on unpaid leave in order to save on payments for downtime, etc. If such facts are established (for example, following a complaint from an employee), the labor inspectorate has the right to fine the organization in the amount of 30-50 thousand rubles, and its manager in the amount of 1000-5000 rubles.
Sample application when an employee is entitled to leave in accordance with the law:
To the director of PJSC “Start” Popov A.V. from the leading engineer of the production department Kuzmin L.D.
Statement
on granting leave without pay
I request that you grant me unpaid leave of 5 (five) calendar days from February 3, 2021 to February 7, 2021 due to the birth of a child.
Date: 01/31/2020
(Signature) Kuzmin L.D.
In the example presented below, the employee requests a leave of 10 days, of which 5 days are allotted to him in accordance with the Labor Code of the Russian Federation and 5 days are provided with the consent of the administration.
To the director of Polet OJSC, Pervushin A.V., from a specialist in the marketing department, Nikolaev L.D.
statement
on granting leave without pay
Please grant me leave without pay for 10 calendar days from June 1, 2021 to June 14, 2021 in connection with marriage registration..
Date: 05/15/2020
Signature Nikolaev L.D.
I don't mind
Head of the Marketing Department
(signature) P.M. Suslov
Application for leave without pay in the case where leave is granted with the consent of the administration:
Director of Furniture Solutions LLC Avdyukhov A.S. from accountant I.V. Panyushkina
Statement
on granting leave without pay
I request that you be granted unpaid leave of 14 (fourteen) calendar days from July 3, 2020 to July 16, 2021 due to family circumstances.
Date: 06/29/2020
(Signature) Panyushkina I.V.
"I don't mind"
Chief Accountant
(signature) E.V. Zubova
How to properly arrange days off without pay and leave?
Leave without pay is regulated in Art. 128 Labor Code of the Russian Federation. The employer does not pay for the entire time that the employee spends on such leave; it is provided at the employee’s personal responsibility.
The procedure for providing the employee
The period for which the worker wishes to go on vacation at his own expense is determined in each specific case by agreement with the employer, but, first, you should notify management of your intention to temporarily interrupt your work activity (what is the maximum period of leave without pay and Find out other nuances of applying for administrative leave in this article).
How and how many days in advance is the text of the application written?
A request for leave is expressed in a statement, which is written in free form:
- in the upper right corner of the sheet the position and full name of the manager are indicated;
- Below is information about the employee (position, full name);
- further in the middle of the sheet is the word “Statement”;
- the text part looks like this: “I ask you to provide me with leave at my own expense for family and domestic reasons in the number of (leave period) days (the period (from __ to __) or a specific date is indicated)”;
- after that they put the date of drawing up the document, the signature and its transcript.
Below is an example of an application template for leave at your own expense, as well as a sample of how to fill out this form.
An application for free administrative leave can be written for a period of 1 to 15 days a year, depending on what is stated in the collective agreement of the enterprise.
Whether to name in the application specific circumstances due to which the employee needs leave at his own expense is the employee’s choice. But do not forget that if there are reasons specified in Part 2 of Article 128 of the Labor Code of the Russian Federation, the employer undertakes to provide administrative leave. Therefore, in the presence of such cases, reference to the relevant circumstances is mandatory. Otherwise, the right to grant leave remains with the employer.
In order to prove the existence of circumstances that oblige the employer to grant administrative leave, certain documents should be attached to the application. For example, in the event of the death of a close relative, you must attach a copy of the death certificate. The employer has the right to request a document confirming the degree of relationship (marriage certificate with the deceased, birth certificate of the deceased).
In the case of a marriage, the reasons for granting leave must also be attached to the application: if the leave is taken before the marriage is registered, a certificate from the registry office is required, which must indicate the expected date of the marriage; if after, you need a copy of the marriage certificate.
At the birth of a child, the father of the child can apply for a holiday if he has provided the necessary documents - the baby’s birth certificate.
At the legislative level, the deadlines for writing an application are not established. But the employer can specify in local regulations the exact number of days within which the application must be processed.
Issuance of an order
If a positive decision is made to provide rest without pay, the employer issues an order indicating:
- Title of the document;
- date of drawing up the order and its serial number;
- in the preamble - a link to the article that guides the employer;
- further – the word “GIVE”;
- after – the text part: full name of the employee, his position, duration of rest, its period and reason;
- basis (application and appendices thereto);
- name of the manager's position;
- visas of interested parties (HR inspector, immediate manager, accountant).
The worker is familiarized with the order by signing it.
The storage periods for orders and applications for leave may vary. In some cases, the term is a long time - 75 years, and in others - 5.
In what cases is it required
From the first day of employment, any movement of a worker implies documentary recording. That is, every working day is reflected in the timesheet, just like a day off.
If an employee is sick, sick leave is issued; if he receives a certificate calling for a session, an order is created. Naturally, if an employee wishes to receive leave, even for a few days and without pay, due to the same family problems, an order is also issued.
And since in order to draw up an administrative document, which is what an order is, grounds are needed, the worker, on the eve of administrative leave, must write an application requesting a certain period of time without pay, indicating the reason or reference to a legislative act.
That is, regardless of whether the employee is a simple worker or a benefit recipient, a leave application is always drawn up and submitted for consideration by management.
