Features of granting leave in connection with a funeral

Author of the article: Vladimir Danilevsky Last modified: January 2021 54758

Leave due to the death of a relative is a necessity for a citizen who has lost a loved one. During this time, you need to do a lot of important things, say goodbye to your loved ones and put your thoughts in order before going to work. For an employer, providing days is not a right, but an obligation established by the Labor Code of the Russian Federation. Despite the clear regulation of the procedure, in practice conflicts still occur between the parties. Often the court intervenes in the matter. The article will describe in detail the nuances of providing leave in connection with the death of an employee’s relative, as well as issues that can be agreed upon by the employee and the employer.

How much time off do you give for the funeral of a close relative?

According to Russian labor legislation, the maximum duration of leave granted for a funeral is five days. The employee has the right to write a statement both for this entire period and for part of it, for example, for three days. In this option, the remaining weekends are burned out and cannot be used for other purposes.

If a citizen needs more time, in particular to travel to another region, then he should negotiate with the employer individually. The state guarantee is five days; a longer period can be provided by management, but management is not obliged to do this.

Clarifying which relatives are given 3 days for the funeral, we note that these are people with direct blood ties, as well as those equated to them under the Family Code. One of the basic conditions is the ability to prove proximity in documents, for example, through a birth certificate or marriage certificate. In some cases, relationship is more difficult to show.

When time off is requested for the funeral of a person who is not a close relative, the employer has every reason to refuse.

Leave order

After receipt of documents, an order of appropriate content must be issued. The text must reflect the following:

1. Name of the organization.
2. Date of issue and registration number of the order.
3. Information about the worker who is granted leave without pay - his full last name, first name, patronymic, position held.
4. Reason why leave is granted. In this case, the reason is the death of a close relative.
5. The duration of such a break, that is, the actual number of days provided.
6. Grounds for issuing the order. They will be the employee’s statement and attached supporting documentation.
7. Manager's signature.

The worker must be familiarized with the order by signature.

Who is considered a close relative?

The Labor Code does not contain a list of persons who belong to the category of close relatives; in this regard, you need to focus on family law. In accordance with Articles 2 and 14 of this code, the list of close relatives is quite wide. It includes not only people with whom there is a marital relationship, but also children, parents, grandchildren, grandparents, and siblings.

Blood connection is not the only criterion for determining the degree of relationship; if a child has been officially adopted, then he has equal rights with those born. But if a man and a woman cohabited but were not married, then they are not considered relatives even if they have children together and maintain a common household.

Half-siblings are also recognized as close relatives. The main condition is the presence of a common parent by blood or law.

Is leave available for the death of other relatives?

The Company may make some changes to the list of persons eligible for funeral leave in the event of death. This decision must be spelled out in the local regulations of the organization.

If the deceased is not a relative of the employee, the employer is not required to provide leave for the funeral. However, it is possible to negotiate at the personal request of the employee.

In most cases, management will not interfere and will cooperate. So, you can take time off at your own expense, and it will not be counted as absenteeism.

Some employers stipulate in their internal documents that in case of a funeral they provide additional days of leave (in addition to the legal ones), as well as financial assistance.

How to take a vacation or time off

The procedure for applying for days off due to the death of a relative is similar to the standard process for taking leave. First of all, the employee must express his desire by submitting an application addressed to his immediate supervisor. Next, based on the received paper, the boss makes a decision on granting days of rest. If the decision is positive, an appropriate order is issued.

Leave for the funeral of a close relative Art. 128 must be drawn up in accordance with all the norms of modern legislation. This rule applies to all types of time off, even days assigned for family reasons without a good reason.

Foundation documents

According to the law, when submitting an application, you do not need to attach any documents, that is, the application itself is enough. Some people immediately attach the death certificate, which is not a required step. However, the employer has the right to request two papers from the employee:

• death certificate of a relative;
• confirmation of relationship.

The employee can provide both materials after the funeral. Please note that refusal to bring them may become a reason for registering missed days as absenteeism. Difficulties, as a rule, arise with the second document, since it is possible to prove closeness with a sister only through two birth certificates, and in old age these materials can be lost long ago. The way out of the situation is to contact the registry office, where the certificates were issued.

If days off are not provided according to the article, but at the personal request of the employee, then the demand for documents is illegal. Having accepted the application, the employer agreed to leave without a compelling argument.

Statement required upon death of a relative

As noted above, leave will only be granted if the employee submits an application. There is no single sample of such a document, that is, it is written in free form. The main thing is that all the basic elements are there:

• personal information and positions of the sender and recipient;
• directly requesting a day off;
• the number of days off is equal to or less than five;
• employee signature and date of application.

Also sometimes reference is made to a legal act giving the right to this vacation. It is Article 128 of the Labor Code of the Russian Federation. It also indicates other reasons for providing unscheduled unfunded leave - the birth of a child for men and the official registration of marriage.

Sample application

An application for leave due to the death of a close relative may look like this:

To the Director of Romashka LLC

Ivanov I.I.

From an engineer

Petrova P.P.

Statement

In connection with the death of Petrov’s brother I.P. I request that you be granted leave without pay based on Article 128 of the Labor Code of the Russian Federation for a duration of five days from 11/20/19.

Signature

The company may have an approved sample application. If this is the case, you should use a special form. It is attached to the company's internal documents.

How many times can it be given

According to Russian law, there are three types of leave, assigned without pay, lasting up to five days:

• for marriage in the registry office;
• at the birth of a child;
• for the funeral of a close relative.

Weekends are assigned an unlimited number of times a year on each occasion. You cannot take time off for one event more than once. But if an employee had a wedding, the birth of two children and the funeral of three relatives within the year, then he could take 6 vacations. Refusal to provide it on the basis that the person has already used time off for another event is unlawful.

Foundation documents

To qualify for vacation days without pay, a person must document his position, that is, provide the head of the company with information issued by official organizations.

The main confirmation in this situation is the recording of the very fact of the death of a relative. This document is an official medical report.

It must indicate the date and cause of death, as well as the full last name, first name and patronymic of the deceased. In this case, it is not necessary to provide a death certificate from the registry office; a certificate from a doctor will be sufficient.

Quite often they require confirmation of a family relationship with the deceased. In such a situation, everything depends on the type of relationship. For example, if the father died, then it will be necessary to present a birth certificate, as well as information about marriage, if for such a reason the person changed his last name. Things get more complicated when a grandparent passes away. Then you will need to submit not only your own documents, but also your parents’ documents - their birth and marriage certificates, if the names have changed.

Copies of documents may be attached to the application. In this case, the manager must instruct his specialists to carry out a reconciliation with the originals.

Reflection in the time sheet

Any vacation, even lasting one day, must be officially registered. This process involves issuing an order and recording information in a time sheet.

The time sheet is the main document on the basis of which an employee’s salary is calculated, so it is important that time off is marked as days of absence without compensation. Depending on the form adopted by the company, either 17 or OZ is written.

Days off provided for funerals are not reflected in the vacation schedule, as they do not affect it. This document specifies only paid periods of absence from work.

Payment

As mentioned above, this type of short-term leave is not paid by the employer . For this reason, a note-calculation in a unified form is not drawn up. Accordingly, the accounting department does not make additional calculations and payments of vacation funds. Therefore, in the working time sheet, opposite the employee’s last name, the letter code DO is entered, which means “without pay.”

An exception is cases when payments are provided for by certain local acts (for example, a collective agreement).

In this case, a settlement note is generated. On its basis, funds are accrued and paid out.

The employer initially takes into account its financial and production capabilities to provide additional vacation periods, and reflects them in local documents. Such documents are drawn up and signed by management in agreement with the trade union organization (its elected body) in accordance with Article 116 of the Labor Code.

Such vacation periods are strictly targeted, as is directly stated in local documents. For example: “In the event of the death of family members (spouse, parents, guardians, siblings, children), employees are entitled to three days of paid leave in any 40 days after the death of the relative.”

Additional leave for medical workers in 2021 is the topic of our article. Sick leave payments do not always go smoothly. You can find out how to arrange them correctly here!

How to correctly make entries in employee salaries - read our article.

Are days paid for the funeral of a loved one?

Based on the Labor Code, financial compensation is not awarded for the period of leave due to the death of a close relative. In the application itself, the employee indicates that he is asking for days without pay.

Some companies accept cash payments in such situations. This is recorded in the company’s internal documents and may be duplicated in the employment contract. In particular, some companies provide benefits only upon the death of certain relatives: mother, father or child. But the employee must be released to attend the funeral of all people classified as close relatives.

Allowance for funeral services

Not many people know that in the Russian Federation, as a social state, compensation is paid for funeral services. Relatives directly involved in organizing the funeral are entitled to receive a sum of money. In 2021, the payment amount starts from 5,900 rubles; in a number of regions where there is an increasing coefficient, the benefit is larger.

In addition to the above payment, a number of enterprises provide special compensation for the death of a close relative. This rule is fixed in the collective agreement and applies to all officially employed employees. The amount of the benefit is determined by the employer. Actual funeral costs are not taken into account in this case.

You can receive benefits to pay for funeral services at the place of employment of a deceased relative; if he did not work, then at the Pension Fund of the Russian Federation or social security.

What threatens an employer who does not allow an employee to take leave due to a funeral?

Refusal to grant leave assigned on the basis of Article 128 of the Labor Code of the Russian Federation threatens the company management with a financial fine. The amount of payment is determined by the Administrative Code. A sanction is imposed either as a result of the discovery of an offense during a routine inspection, or on the basis of an employee’s complaint to the labor inspectorate.

The employer has the right to provide leave for the funeral not only of a close relative, but also of any person at the request of the employee, but is not obliged to do this. Please note that days off are given solely at the request of the employee; the employee must initiate time off.

The fact that 3 days are provided for a funeral according to the Labor Code is not described by Article 173. It states that a person combining study and work has the right to go on unpaid leave for the period of admission, examination, and writing a thesis. When submitting an application for a weekend in connection with the death of a relative, you must refer to Article 128 of the Labor Code of the Russian Federation.

Is there a right to financial assistance?

1. From the company's side. The employer is obliged to provide only vacation days for the funeral of a relative; he may refuse financial support, unless otherwise specified in regulations.
2. From the side of the state. Compensation payments are provided for funeral arrangements; the amount varies depending on the region of residence and the social category of the deceased. You can receive money through your employer (or directly apply to the social security department). But the fastest way is to contact the city funeral service Ritual.ru, which cooperates with the necessary departments. There they will organize the entire burial process, and also advise on benefits and documents.

Important! Monetary support allocated by the state or company management is not subject to taxes and does not require the payment of insurance premiums (according to Article 217 of the Tax Code of the Russian Federation).

Funeral leave for military personnel

Military personnel are a special category of citizens who are not subject to all the laws and regulations that apply to civilians. But with regard to leave for the funeral of a close relative, they have even more attractive conditions. Contract and conscript military personnel are provided with up to ten days of rest in the event of the death or serious illness of a close relative. This status of a person is also determined by the family code.

Please note that the duration of the vacation can be increased if more travel time is needed. Conscripts and cadets are also provided with payment for travel to and from home if they wish to take advantage of compensation for this leave. The payment can be assigned for one vacation per year, with the exception of vacation vacations.

Labor legislation is a balance between the interests of the employee and the employer. If an employee needs additional days off in connection with the funeral of a close relative, then he has the right to take leave at his own expense. Management cannot refuse this leave, even if the request is submitted unexpectedly and it is difficult to find a replacement for the employee. Summarizing the maximum number of days allowed for the funeral of a close relative, let us clarify that we are talking about five days, but you can take less.

Nuances of legislation

Let’s say that due to a tragic incident with a loved one, an employee needed to take several days off. He has the right on the basis of Art. 128 of the Labor Code of the Russian Federation to take leave without pay, but you need to know some nuances.

Also see “Unpaid Leave.”

Unfortunately, labor legislation does not specify the concept of “close relatives” required to receive unpaid leave. Therefore, we must be guided by Art. 14 of the Family Code. She refers to such people as:

• husband/wife;
• parents (natural and adopted);
• children (natural and adopted);
• grandparents;
• grandchildren;
• full brothers and sisters (have common parents);
• not full brothers and sisters (they have a common father or mother).

Note that the head of any enterprise has the right to increase the given list. The main thing is to indicate new positions in the company’s internal rules. After all, many details are not regulated by law. At the same time, reduce the list from Art. 14 of the RF IC – unacceptable.

Thus, if the person who has passed away is not such a relative, then taking leave in connection with the funeral is not necessary. The employer makes the decision at his own discretion.

The second nuance that you need to know about is the absence of the concepts of “vacation” or “time off” at the legislative level. And they are necessary for the correct completion of all formalities.

Please note: if an employee previously worked on a weekend or holiday, he is entitled to a day of rest, which can be taken along with other reasons for temporary absence from the workplace.

If funeral leave coincides with the main annual period, its period is extended upon submission of an additional application.