Obviously, preparing for a wedding requires not only large financial but also time expenditures. The celebration needs to be organized - agree with the photographer and videographer, order a banquet hall, cars, prepare outfits. Of course, all these issues are not resolved at the last moment, but several months before the wedding, but even a couple of days before the event there is enough hassle. It is also necessary to rest and relax before the painting day, when the couple will be on their feet for a day. That is why most brides and grooms want to get 3 days for the wedding according to the labor code.
Legislative norms for granting leave in connection with a wedding
Many people believe that the employer gives permission to take time off from work in connection with a wedding, guided by his own good will. In reality, this is a misconception. It would be more correct to call such additional days off as additional short-term vacation. Therefore, for it, as for any other leave, the rules defined by law and the conditions for its provision are applicable.
Expert commentary
Kolesnikova Anna
Lawyer
An employee's rights to receive leave for a wedding are clearly defined in the legislation. According to them, the employer has obligations towards employees if they need additional vacation days for weddings.
The legislative basis for regulating the work and rest of working citizens is set out both in federal laws and in legal regulations within each enterprise or organization.
If the probationary period
According to Article 70 of the Labor Code, an employer can set a probationary period for new employees within three months. The period is quite long. And if a person is going to get married at this time, then no one has the right to refuse him.
But one must take into account the fact that during absence the probationary period is suspended. That is, the days that the employee spends on vacation for the wedding will then be added. Also see “Can the probationary period be extended?”
Provisions of the Labor Code of the Russian Federation
The main document regulating labor relations is the Labor Code of the Russian Federation.
The obligation to provide vacation days according to the labor code, among many reasons, including wedding celebrations, is enshrined in Article 128 of the Labor Code of the Russian Federation. It states that the employer is obliged to provide the employee with leave for a wedding of no more than 5 unpaid days. Leave permission is issued based on the employee’s application submitted to the employer. Permission to leave does not depend on his length of service at this enterprise. The only caveat is that if wedding days are taken during the probationary period, then the probationary period will be extended by the number of days of the short-term vacation taken. Such days off should not affect the duration of the main legal leave. That is, leave taken by an employee for a wedding cannot in any way affect the provision of legal regular leave.
Based on Article 121 of the Labor Code of the Russian Federation, any such leave, granted for various reasons, for a period of 14 days, must be taken into account in the length of service for the provision of basic leave.
Article 128 of the Labor Code of the Russian Federation
“Leave without pay” (more details)
Article 121 of the Labor Code of the Russian Federation
“Calculation of length of service giving the right to annual paid leave” (more details)
Wedding leave according to the labor code
In addition to planned annual leave, employees are entitled to additional leave in a number of cases. According to the labor code, leave for a wedding is a legal right of an employee. But don't expect it to be a full-fledged honeymoon. Much depends on the terms of the collective agreement, social package and personal relationships with management.
What kind of leave in the event of a wedding is required under the Labor Code?
According to the law, in connection with a wedding, 5 calendar days of vacation are provided at your own expense (Article 128 of the Labor Code of the Russian Federation). It does not matter whether the employee is on the staff of the organization or is working on a probationary period. In any case, he is entitled to leave in connection with the wedding. The probationary period is increased by the duration of the vacation.
We are talking about calendar days, not working days. If you take a vacation from Friday, you will have to go back to work on Wednesday with a five-day shift. Therefore, it is recommended to take a vacation from Monday.
By law, an employee is required to be given only 5 days with job retention. However, the employer can release the employee for a longer period of time. The maximum term is not limited by law. By agreement with the boss, the employee can go on a trip around the world for at least a few years.
An employee has the right to return from wedding leave ahead of schedule. There are no special regulations in this case, but the intention to go to work must be documented. To do this, write a free-form application indicating the date of return to work. If this is not done, the employee will be on vacation and will not be paid for these days of work.
Accounting in the personnel service
During wedding leave, the employee's work experience is not interrupted.
However, only 14 calendar days per year are included in the length of service for calculating annual paid leave. Salaries are not accrued during this period, as well as during any leave taken at one’s own expense.
Time spent on honeymoon leave will not affect the length of your planned leave. On the other hand, even if the annual leave is spent in full, the employee does not lose the right to leave on the occasion of marriage.
If an employee falls ill during a wedding vacation, he is not entitled to sick leave payments. Compensation for loss of ability to work is provided only for paid days. This could be a regular workday, a business trip, or a paid vacation. Payments will begin only on the day the employee was supposed to return to work.
The employer does not have the right to recall you from your wedding leave under any pretext. Its duration does not matter. This can only be done by mutual agreement of the parties. Even if the employer provided the employee with leave for more than 5 days on his own initiative.
Necessary documents for registration of a wedding vacation
The employee writes a statement. It must indicate the start date, duration and basis for the leave. If the reason is not specified, or the wording is vague, you may be denied leave. An employee may request more days than provided for by the Labor Code, but the employer is not obliged to provide the requested leave in full. However, he has no right to give less than 5 days.
It is worth carefully reading the internal personnel documents of the organization. Some employers specify preferential conditions for employees in the collective agreement. One of them may be a provision for increased leave for newlyweds.
Sometimes employers provide financial assistance for employees who get married. If there is such a provision in the collective agreement, this will be a pleasant addition to the wedding vacation. He can also provide a tourist package for this occasion. Paid or not - the employer decides for himself.
If the wedding didn't take place
The employee provides a marriage certificate after leave to confirm the legality of absence from work. But it may happen that the wedding does not take place. What should I do?
This situation is not stipulated in the legislation. This means that the employer cannot regard the vacation as unlawful and count absenteeism to the employee. He submitted the application, and the employer approved it. Since the leave is unpaid, there are no financial consequences for the employee or the organization. This is a purely disciplinary matter.
An employee recently got married, but did not use the right to leave
Such situations occur quite often. It is not always possible to go on a cruise immediately after the wedding or celebrate the wedding in another way. There are no legal provisions in this case either, from which we can conclude that the employee has not lost the right to wedding leave.
In such situations, the procedure does not change. The employee writes a statement, and the employer approves it. But you shouldn’t inform your boss on the last day. He, of course, has no right to refuse, but there is no need to spoil the relationship either. If an employee does not yet know the exact date of departure and is counting on a last-minute trip, it is better for him to notify his boss about his intention to take a vacation.
What to do if your employer denies you wedding leave?
If your boss categorically refuses to sign the application for a honeymoon vacation, you just need to record it in the office with the date stamped on receipt and feel free to go on a five-day cruise. The employer cannot fire the employee or apply any other disciplinary sanctions for this.
Marriage leave of 5 calendar days is the legal right of any employee.
The employer may provide leave for a longer period. This type of leave is not paid, but the length of service is not interrupted. An employee may avail of wedding leave after the date of marriage. The law does not prohibit this.
Internal documents of the enterprise
The Labor Code of the Russian Federation limits the duration and conditions for granting leave for a wedding. But each enterprise or organization has its own regulations, according to which days off for weddings are provided on more favorable terms for employees.
Such documents include:
- Collective agreement between the employer and all working employees;
- Regulations on the procedure for remuneration;
- An individual agreement between an employee and an employer when applying for a job.
The Collective Agreement may contain a clause on the provision of an additional vacation period, including with its payment, for a number of reasons, which may reflect the following reasons:
- registration of your own marriage;
- marriage of close relatives, for example children;
- father at the birth of his own child.
Expert commentary
Kireev Maxim
Lawyer
Moreover, when registering your own marriage, a longer leave may be granted compared to the time established by the Labor Code of the Russian Federation, for example, for a period of 7 or more days. The company's regulations on remuneration may include a provision for the provision of paid wedding leave.
Leave for family reasons, including weddings, may also be based on industry regulations, if the enterprise belongs to a certain industry, as well as regulations issued by local authorities.
When can I take it?
The most common case is when vacation days are added to the date of marriage registration. This seems quite logical. It’s not called a wedding vacation for nothing. That is, after the appointed date, the employee can rest for another 4 days. This is quite enough to celebrate and come to your senses before going to work.
But there is an interesting nuance. In theory, a person can take leave for a wedding at any time, even if the wedding has already passed. This point is not clearly stated in the Labor Code of the Russian Federation. And there were cases when an employee wanted to take the required five days, already a month after the solemn event. True, I had to prove my rights in court, but in the end the case was won. Also see “When you can take vacations under the Labor Code.”
In addition, in order to go on vacation for a wedding according to the Labor Code of the Russian Federation in 2021, you do not need to provide any additional documents. For example, a certificate from the registry office that you are really going to get married. It is enough just to write a corresponding statement at work, and no one there will specifically check anything.
Vacation registration procedure
The legislation indicates the number of days allotted for a wedding vacation, but does not indicate in what specific period relative to the day of registration of the relationship they should be taken. They can be used:
- before registering a marriage to prepare for the wedding;
- after its registration in order to adequately celebrate this event;
- partly before the conclusion of the alliance and partly after this procedure.
In order to timely process the receipt of wedding days off, the employee should contact the immediate managerial official at the enterprise with an application for their provision. This must be done in advance, at least a week before the day of marriage registration.
The application, approved by the signature of the manager, is transferred to the personnel service, where, on the basis of this application, an order is issued for the enterprise with a mandatory indication of the start and end date of the vacation period and a reference to the legislative basis for its provision.
In accordance with the Order, a representative of the HR department, together with the accounting department, is obliged to make a note on the workday record sheet. The entry must include the leave code and the date and duration of the leave:
- “BS” - means vacation in accordance with the Labor Code of the Russian Federation (no more than 5 working days);
- “BEFORE” – corresponds to additionally allocated rest time, based on internal or other legal documents of the enterprise.
Important! In order for vacation days to have legal force and not be considered absenteeism, the employee must present to the HR department when returning to work after celebrating a wedding a copy of the marriage certificate and the original document to verify the accuracy of the information in the photocopy.
Wedding leave under the labor code 2021: paid or not.
Our state cares about the population. It provides various benefits and other types of support. In particular, there is such a thing as wedding leave . In accordance with Law 128 (LC), any citizen has the right to receive the leave necessary for a wedding. The maximum number of days for such a vacation is 5.
The most interesting thing is that not only those getting married, but also their relatives who were invited to the wedding event can take advantage of this opportunity. Leave for a similar period can be taken when a child appears in the family or a loved one dies. But we will still consider a more joyful event - a wedding. Or rather, the vacation that is associated with it.
Nuances of a honeymoon.
It is immediately necessary to clarify that not all people are entitled to leave related to a wedding. And only for those who have an official place of work. Therefore, before applying for leave, a person needs to find his copy of the contract and look at its features.
If he carries out his activities within the framework of an employment contract, then everything is fine. If it works according to:
- contract agreement,
- a civil contract or another method, you will not be able to count on additional vacation days.
It turns out that this article will be relevant only for those event participants who work on the basis of an employment contract. So, if a person works officially, then you can go on honeymoon leave in any case.
This will not affect the nature of the work:
- seasonal,
- probation,
- flexible schedule,
- shift work.
But you need to know some nuances:
- days of such leave will not be counted towards the probationary period,
- they will not pay vacation money for him.
There are other nuances of a honeymoon vacation, namely:
- it should not exceed 5 days,
- the provision of leave is not affected by how many days a person has worked in the organization,
- management does not have the right to refuse wedding leave. This will be considered a violation of the law,
- A person can submit an application for leave in connection with a wedding at any time. But we need to remember the moral aspects. It is best to notify management about the wedding in advance.
- Marriage between relatives.
- Giving a spouse a share of an apartment: tax, in marriage.
- Division of property without divorce.
- Agreement on the division of property of spouses: sample, cost.
- Drawing up a marriage contract: cost, sample from a notary, in marriage.
- Marriage agreement: completed sample, download, on separate property.
Application for leave due to a wedding.
If you decide to go on honeymoon, there is no need to collect a package of documents.
You can simply write a statement to your employer. The document must indicate how many days you plan to be on vacation.
However, immediately after going to work, a person must bring with him a marriage certificate. The secretary or other authorized employee will photocopy it and put it in your personal file.
It is not difficult for any employee to write an application. Even to someone who has never done this. It is written according to general rules.
The document must contain the following information:
- Top of the statement. It is written at the very beginning of the document on the right. Here they indicate in whose name the document is written and who is its author.
- The title of the document is indicated in the middle of the sheet. There is usually one word written here: Statement.
- The main content of the text. The essence of the statement is indicated here. The person asks to be granted leave, indicates how long it will last (but in accordance with legal norms).
- Next, put the date the document was drawn up and the signature of the applicant.
Sample application.
To the Director of Krepezh LLC
from the warehouse manager
In connection with the registration of marriage, I ask for unpaid leave from 02/05/2020 to 02/07/2020 inclusive.
If the employee still has unpaid leave, he can also indicate this fact in the application.
Once the application is approved, the employer must issue a leave order.
Vacation for relatives' wedding.
If an employee wants to take a short vacation related to the wedding of relatives, then in accordance with existing legislation (LC), this issue remains for the employer’s consideration.
He may not provide such an opportunity to his employee. In any case, such a statement is written not in connection with the wedding, but for family reasons.
Naturally, in the event of a wedding of relatives or friends, the employee can only ask for leave without pay.
Sometimes there are exceptions to this rule. They are indicated in the labor agreement or in the collective agreement or in other regulations. Therefore, before submitting an application, you need to carefully study these documents.
Sick leave during wedding leave.
If an employee begins to get sick, the days of leave for a wedding according to the labor code are not extended. In this situation, the employee (as usual) takes sick leave from the doctor, and after it is closed, gives this document to the HR department.
Is there financial support for marriage?
Wedding leave days are not subject to payment. But in some organizations, employees are given the opportunity to write an application for financial assistance related to marriage registration.
Most often, this opportunity is available in government organizations or in those companies that respect their employees. This means that this opportunity must be specified in the collective agreement.
After the employer receives an application for financial assistance, he reviews it. And if at the moment there is such an opportunity, it satisfies. He signs an order or instruction to provide the employee with financial assistance from the company.
This type of employee stimulation is used by many organizations to interest employees and improve their own image.
It is worth noting that 3 days of leave for a wedding are also given to people who serve in the army. Here's a slightly different procedure. The serviceman does not submit an application, but comes with a report about such leave.
In this case, you must provide a copy of the document from the registry office stating that the application for marriage registration has been accepted. In addition, a serviceman’s leave can be extended up to 10 days. They are needed to get to and from the wedding venue.
There are no monetary rewards for military personnel. As an exception, a bonus may be given when a person performs contract service.
How to write an application?
The application must be completed in compliance with standard office work requirements and contain the following information:
- in the upper right part of the sheet it is indicated to whom the application is addressed (full name of the manager and his position), and from whom it is written (full name of the employee, his position and place of work);
- then in the center of the sheet the name of the document itself “Application” is indicated;
- Below is the essence of the application for the provision of days off for the wedding with a mandatory indication of the date from which they are required and for how long;
- at the end of the document the date of writing the application is indicated, confirmed by the signature of its originator, with the obligatory decoding of the last name, first name and patronymic.
The nuances of paying for wedding weekends
According to the Labor Code of the Russian Federation, days off provided for a wedding are not paid. However, if the local documents of the enterprise provide for partial or full payment for wedding days, then the employee can count on receiving compensation. Additional wedding leave also applies to family leave.
If, for example, the collective agreement provides for its payment, then the calculation of the amount of vacation pay is carried out similarly to the determination of monetary compensation paid when providing compulsory annual leave.
Monetary compensation is determined as follows:
- The employee’s income for the year preceding the vacation is calculated. The calculation takes into account annual earnings without taking into account amounts for business trips and sick leave, as well as other social benefits;
- the number of days worked during the accounting year is specified;
- The average daily earnings are determined by dividing the total annual income by the number of days worked;
- further, daily earnings are multiplied by the number of days of vacation provided. The result obtained is the amount of compensation for wedding days.
Expert commentary
Kamensky Yuri
Lawyer
Payment of the calculated amount must be made three days before going on vacation, unless otherwise provided in the collective agreement. For example, compensation for wedding weekends may be provided after the provision of a marriage registration certificate.
Payment of financial assistance
The employer is not required by law to pay financial assistance. However, the conditions for its payment in certain circumstances may be provided for by a collective agreement or other local regulations of the enterprise.
If such a situation exists within the enterprise, then the employee, in order to receive financial assistance, must contact his immediate management with an appropriate application for its payment, indicating the reason for providing assistance - “in connection with the wedding.”
After considering the application, the enterprise issues an order to pay the employee an amount determined in accordance with established internal standards.
Extension of wedding days
According to the Labor Code of the Russian Federation, an employee, in agreement with the employer, may be granted unpaid leave for personal reasons of any duration. Therefore, if an employee getting married requires a longer absence from work in connection with the wedding than the five-day period established by law, and he can agree with the employer on its duration, then the wedding vacation can be extended.
The duration of vacation in agreement with management is not regulated by law; there is no exact vacation period, which is the maximum to keep your job. The employer always proceeds from the interests of the enterprise, so an unlimited amount of vacation for an employee is not beneficial to him. Therefore, each case is individual and requires a separate solution. An employee can, for example, be asked to extend vacation for time previously worked beyond the norm by taking time off, or agree to work after vacation when returning to work.
What's special about a honeymoon?
The employer is obliged to arrange free leave for newlyweds if a request is received from them
In addition to the fact that the official registration of family ties takes place mainly in a solemn atmosphere, it requires additional time to prepare for the holiday and relax after it. The employee must come to work with renewed vigor.
The legislator ordered, addressing employers - they are obliged to arrange free leave for newlyweds if they receive a request. Enterprise managers do not have the right to oppose the law when an employee requests leave for 14 days without pay; the boss cannot reduce the time off to less than 5 days.
There are other provisions. Let's say a couple decides to register a marriage on their next vacation according to the company's schedule, they can submit an application at any time convenient for them, and register this period for the last wedding. For one registration, it is necessary to release workers once a year; if he gets divorced and decides to formalize the relationship again, then he will receive the next permit in the same amount. According to the law, it is not allowed to be released in advance without pay; to write - for additional preparations for the celebration.
Good relations with superiors provide various privileges:
- receive three days' pay for wedding time off;
- increase free weekends;
- vacation before or after the wedding.
Management must not break the law, but it is not considered a crime to encourage hired personnel:
- vacations;
- bonus;
- social guarantees.
