Application for administrative leave: who can write it and under what circumstances

Application for administrative leave for 1 day

When writing an application for administrative leave, the following aspects are taken into account:

• formulated in a free manner;
• addressed to the manager;
• the application must indicate the start date and end date of the vacation;
• indicate the number of vacation days;
• the reason that served as the basis for the decision to take leave without pay is indicated.

For example:

General Director of LLC "ABV"

Molodtsov M.M.

head of legal department

Znaykina Z.Z.

Statement

I request that you grant me administrative leave for 1 day on 03/27/2017 for family reasons.

March 24, 2017

Znaykin Z.Z. _______________

(signature)

When filling out an application, you must be guided by Article 128 of the Labor Code of the Russian Federation.

How to apply for leave without pay

Just like for providing any other days of rest, the employee needs to write an application. When leave is granted by agreement with the employer, then in the application you can simply write “for family reasons”, without specifying these circumstances. If unpaid days of rest are provided by law, then the application must indicate the reason, for example, the birth of a child, and attach the relevant document (immediately or after receiving it).

Application for unpaid leave: sample

Based on the application, the employer issues a corresponding order or instruction, which the employee must be familiarized with and signed. Such familiarization guarantees the employee that he can rest in peace and does not risk being fired for absenteeism if it later turns out that his request was accidentally or deliberately lost somewhere. Judicial practice knows many such cases of parting with unwanted employees. And for the personnel officer, in turn, familiarization of the vacationer with the order guarantees the absence of subsequent possible claims from the employee.

Who is eligible for administrative leave?

Administrative leave is granted by agreement with the manager, but it must be understood that an employee may be refused this leave due to an unjustifiable reason in the opinion of the enterprise administration.

The legislation still obliges the manager to provide administrative leave to the following categories of citizens :

Further actions of the personnel officer

If the employee’s absence is agreed upon by management, it must be documented correctly. To do this, issue a leave order at your own expense; a sample prepared on the basis of the unified T-6 form looks like this:

If the organization does not use unified forms (this is acceptable), the order will look different. But the main thing is that the sheet indicates who is going on vacation and for how long.

If, due to the absence of an employee, a replacement is needed, it is necessary to select an employee who has the opportunity, for an additional fee, to temporarily assume responsibilities for the absentee. An additional agreement is signed with him, and the enterprise issues an order to temporarily fill the position.

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Let us remind you that orders allowing you to be absent from the workplace at your own expense must be kept in the organization for at least 75 years. Only after this period has expired can the order be transferred to the archives.

Employer's liability for failure to provide administrative leave

Failure to provide administrative leave to an employee who is legally entitled to use this leave falls into the category of violation of labor legislation and entails administrative sanctions (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

For example: At GDE LLC, the general director refuses to grant administrative leave to sales manager Kopeikina K.K., who is the spouse of a military serviceman. In her application, the employee indicated that this leave, lasting 4 days, would coincide with her husband’s leave and attached an extract from the order.

In this case, the general director violates Article 5.27. Code of Administrative Offenses and can be held accountable as an official by warning or imposing a fine of 1000-5000 rubles, or an administrative penalty can be imposed directly on GDE LLC with a fine of 30,000-50,000 rubles.

What to pay attention to

A period of unpaid absence from work lasting no more than 14 days in one working year is included in the length of service that gives the right to annual basic paid leave (Article 121 of the Labor Code of the Russian Federation).

Expert opinion

Lebedev Sergey Fedorovich

Practitioner lawyer with 7 years of experience. Specialization: civil law. Extensive experience in defense in court.

If an employee falls ill during an unpaid “vacation”, sick leave is also not paid to him, and the duration of rest without pay is not extended for the duration of the illness.

The “preferential” leave unspent by the employee at his own expense is not transferred to the next year, either fully or partially. That is if, for example, a working pensioner is entitled to 14 additional days of rest per year, he will not be able to go on vacation for several months at once due to the fact that he has not used this right for several years.

Procedure for calculating administrative leave

When calculating administrative leave, it is recommended to be guided by Article 121 of the Labor Code of the Russian Federation. The fact is that when calculating annual regular leave , the length of service that does not affect the amount and provision of leave does not affect only 14 days , which the employee decided to use at his own discretion by writing a statement about it. Administrative leave exceeding the 14-day amount specified by law will have an impact when calculating the next leave.

The calculation of the next vacation, as is already known, depends on the vacation without pay and can be made using the following formula:

Mo - the number of months that a person worked

Ku - the number of vacation days that will be provided to the employee

Ko - the number of planned vacation days, which are regulated by law

When calculating months worked, you can use the following formula:

* value is rounded to the nearest whole number

For example: a kindergarten teacher was on leave without pay for 34 days. The teacher's vacation is 42 days. How much vacation time can a teacher expect?

The calculation of the next leave is influenced by the part of the administrative leave exceeding 14 days, which in this case is 20 days.

So, it is necessary to calculate the number of months worked: Mo=222/22=10.09=10

Now we count the number of vacation days: 10/12 = Ku/42, Ku = 34.99 = 35 days

How to make an application

Like any statement by an employee in the labor sphere, the application in question must be made in writing. Compliance with this condition will allow the employee to protect his interests in the event that his absence from work is regarded as absenteeism and entails disciplinary punishment, including dismissal.

The deadline for submitting an application for leave without pay is not regulated by law, because individual life situations cannot be predicted. In some cases, leave is granted specifically in connection with certain events, such as the birth of a child or the death of a relative.

The application is drawn up in the name of the head of the organization. It must indicate:

• the reason why the employee goes on leave (to care for a disabled child, in connection with marriage registration);
• the period during which the employee will be absent.

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HR department employees often encounter the fact that in applications, instead of the legally established concept of “leave without pay,” employees indicate “leave at their own expense” and “administrative leave.” Since such concepts are not provided for by the Labor Code of the Russian Federation, questions and disagreements may arise between the parties. To avoid this, we suggest that the organization develop its own application form indicating the correct name of this leave and provide it to employees to fill out with their data.

The employee signs the application indicating his full name. and position, and also puts down the date.

The employer reviews the application and either denies the employee’s request or issues an order to take leave.

applications for leave at your own expense

Legislative acts regulating administrative leave

The documents regulating administrative leave are presented by the following legislative acts:

How to fill out an application

There is no official structure of the application form for such cases. But when filling out the employee must indicate the following information:

• the reason for which he needs to use days off: wedding;
• great-aunt's funeral;
• preparation for final certification or entrance exams;

The document must be written in advance, at least a week in advance, in order to:

• coordinate this issue with your immediate superior;
• the employer could evenly distribute the released load among other employees;
• the responsible persons managed to issue an order granting days off without pay and familiarize the employee with it.

Managing partner of the law firm, Vladislav Varshavsky, notes that judicial practice confirms that the employer has such a right. The latest example in favor of the company is the Determination of the Moscow City Court dated 08/01/2018 No. 4g/8-9307. From the case materials it follows that the employee was first ill for a long time, and then sent an application to the employer by mail to grant him leave without pay for a period of almost 3 months. Without learning the employer’s decision, the employee stopped going to work. The employee did not respond to notifications about the need to appear and give written explanations for his absence from work. Therefore, the employer considered the period of absence to be absenteeism, after which he fired the employee. The appeal did not help the employee: she supported her colleagues from the court of first instance and recognized the termination of the employment contract as legal.

Application form for unpaid leave

Applications for leave without pay will be available a little lower. Such a document is drawn up in free form addressed to the general director and has approximately the following content:

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Features that employees should know

The boss cannot send an employee on vacation without pay on his own initiative if, for example, the amount of work at the enterprise has decreased or the money has run out. This is contrary to the Labor Code of the Russian Federation and may become a reason for bringing both the company and management to administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

The duration of rest can be any, the maximum limit is not limited. In this case, the employee’s job must be retained. However, if its duration exceeds 14 calendar days per year, then everything in excess of this figure is not included in the length of service giving the right to annual paid leave.

In the event of the birth of children, weddings or funerals of close relatives, the employer is obliged to provide days of rest if the employee needs it. In addition, the legislation stipulates special guarantees for workers who belong to preferential categories - disabled people, veterans, pensioners, single parents.

Regulatory documents on the topic

The procedure for granting and using unpaid leave is regulated by a wide range of regulations. The first can be called the Constitution, the norms of which declare the right to rest; a variation of the latter is vacation (Article 43).

The fundamental principles of labor relations are enshrined in the Labor Code. A separate chapter 12 is devoted to the procedure for granting vacations. Some issues of drawing up an application for vacation are resolved by the norms of Resolution No. 94. Long-term vacations for certain categories of workers are regulated by Resolution No. 466.

Unlawful actions of employers in providing unpaid leave to avoid business downtime are punishable by law with an administrative fine. Employees have the right to contact the labor inspectorate if they are sent on extraordinary leave without pay, contrary to their wishes.

How to correctly write an application at your own expense in 2021?

Applications for leave at your own expense do not have a strict form and are written freely. But there are still a number of details that must be present:

• Full name of the applicant and to whom it is addressed;
• Date of preparation;
• duration of vacation days;
• signature.

How is an application completed?

1. In the right corner of the sheet the name of the organization and the name of the official (manager) to whom the application is addressed are indicated;
2. The position and full name are written below. the employee from whom the document is drawn up;
3. The word “Statement” is in the center of the sheet;
4. Next is the text, which contains a request for time off at your own expense from a specific date, for the required number of days, and you will need to indicate the reason to indicate the need for unpaid rest;
5. The date of compilation and the personal signature of the employee must be included.

An employer can refuse if:

• will consider it unimportant;
• the employee does not belong to the category where unpaid days are required by law;
• The work process does not allow the employee to be removed from the workplace at the moment.

When writing an application, please note that calendar days are indicated. At the same time, the principle of regular holidays does not apply here, when they are extended by falling holidays. In case of vacation at your own expense, they are included in the number of vacation days.

Application form for leave at your own expense

applications for leave at your own expense in doc format:

Sample application for unpaid leave 2021

A ready-made example will help you write a statement correctly.

Sample application at your own expense for family reasons:

Sample application without saving salary as a disabled person of group 3:

Sample application for leave at your own expense for several hours due to marriage registration:

The reason for vacation or time off can be different:

• for health;
• followed by dismissal;
• in connection with going to the hospital for 3 hours or going to the doctor for 3 hours.