Family Leave Rules

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Published: 06/06/2016

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The rules for providing leave for family reasons or leave at one’s own expense are regulated by Article 128 of the Labor Code. Upon a written application from the employee indicating valid reasons of various kinds, the employer must decide on the possibility of providing such leave.

The duration of leave under the above article is determined by agreement between the parties. Any employee of the organization has the right to register it.

• Who can get it?
• Causes and duration
• Registration procedure
• Documents for confirmation
• Payments

Terms of service

To begin with, it is worth noting that family leave is a time when an employee is released from performing his duties without paying him an average salary. At the same time, the job is saved.

In most cases, this type of leave is used when personal issues need to be resolved, and the opportunity for paid leave has already been used. In all cases, such an initiative should come only from the employee. Any coercion on the part of management to arrange such a vacation is illegal.

If we take into account the general rules, the employer may release an employee who has submitted an application for leave for family reasons. But he doesn't have to do this. That is, employees will have to negotiate with management.

It is important to pay attention to the fact that such vacation is not paid. This means that no contributions will be made to the pension fund during such leave. These days will also not be included in the insurance period.

If during an unpaid leave an employee falls ill and issues a certificate of temporary incapacity for work, then such sick leave will not be paid.

Denial of leave

The reason why an employee asks his employer to provide him with several days of rest at his own expense is stated either in the Labor Code of the Russian Federation or in a local regulation, then the employer does not have the right to refuse leave. If such a situation occurs and the employer does not approve the application, then the employee must act as follows:

• submit an application for unpaid leave officially, that is, through the secretary, with registration as an incoming document. In general, it is recommended to do this, but many neglect this responsibility and registration of personnel documents occurs retroactively;
• wait for a written refusal from your superiors;
• write a complaint to the labor inspectorate, attaching a copy of your application and a copy of the refusal. The complaint must state the requirement to conduct an audit of the maintenance of personnel documents and compliance with labor laws;
• wait for the test results.

Before writing complaints to higher authorities, you must contact management orally and provide references to the norms of current labor legislation. You also need to voice your right to appeal to the labor inspectorate, the prosecutor's office or the court. As a rule, after verbal communication, the employer becomes more accommodating, and the employee receives his several days of unpaid leave.

If leave at one’s own expense is taken out for reasons not specified either in the Labor Code of the Russian Federation or in local regulations, then the employer has the right to refuse his employee.

Who is entitled to compulsory time off?

An application for family leave does not guarantee approval. But there are certain categories of citizens to whom the authorities are obliged to provide days without pay.

We are talking about the following employees:

1. Employees who are close relatives of those killed in the line of duty. This category also includes citizens whose relatives died from illness and injuries resulting from the performance of duty.
2. Employees with disabilities.
3. Workers who already have the necessary length of service to retire.
4. Participants in the war. Most citizens with this status are retired, but for those who continue to work, management is required to provide leave for family reasons.

There are situations in which ordinary employees can count on receiving days without pay. We are talking about the following circumstances:

• marriage;
• death of a loved one;
• birth of a child.

Causes and duration

The legislation provides for five days leave without pay if the following circumstances exist:

• the birth of a child in an employee’s family (unpaid leave is granted to the father of the child, since a different type of leave is provided for women);
• death of a close relative;
• marriage registration if the employee himself gets married.

At each enterprise, the collective agreement may establish a different duration of such leave.

By decision of the employer and application of the employee, it can also be extended.

Military personnel are granted leave for up to 10 days in the event of the death or serious health condition of a close relative (Article 11 of the Federal Law on the Status of Military Personnel). Also, in accordance with this article, he is provided with days to travel to the vacation spot and back.

Pensioners can count on an extension of vacation up to 14 days, WWII participants - up to 35 days.

Unauthorized time off

If the reason for family leave is due to special situations or involves employees with preferential status, then unpaid days must be provided. Even if the employer doesn't want it.

But there are cases when management is in no hurry to respect the rights of workers. To get time off despite the reluctance of your superiors, you need to contact the following structures:

• State Labor Inspectorate;
• court;
• trade union committee (if any);
• labor dispute commission of a specific organization (if there is one).

Vacation at your own expense followed by dismissal

The employee’s right to terminate the employment relationship during or after the end of the vacation period at his own expense is the same as during regular vacation. The main thing here is to find agreement with the employer (if the employee wants to resign before the expiration of the two-week period), or simply indicate this in the application.

The following features need to be taken into account:

1. If compulsory leave is issued, which the employer cannot refuse, to ensure a guaranteed severance of the relationship, its duration must be equal to or greater than two weeks.
2. The desire to terminate the employment relationship must be indicated in the application.
3. The employer is obliged to complete the full calculation before the start date of rest specified in the application and issue a work book along with a copy of the order.
4. In the work book, the date of dismissal is indicated as the last day of vacation.
5. If it is necessary to terminate the employment relationship during a long unpaid absence, you must notify the employer two weeks in advance. Or agree with him on the day of dismissal.
6. Only an employee can take the initiative to quit. The administration does not have the right to dismiss a worker who is on unpaid legal leave.

Remember, for the entire period of legal absence the employee retains his place and position. He cannot be fired or laid off at the request of the employer.

How long does the leave last?

Both the maximum duration of leave at your own expense for family reasons and the minimum number of days without pay are determined by agreement between the employee and the employer.

In this case, only 2 weeks of leave per year without pay are taken into account.

To clarify the situation, it is worth considering this facet of labor relations in more detail. Let's say an employee got a job on March 16, 2021. In this case, he will be able to receive his first paid leave after March 15, 2021. This period can be defined as a working year.

If it so happens that an employee took 23 days without pay, then this year he will be credited with 14 of them. The rest will be carried over into the next business year. That is, the beginning of the working period will shift by these 9 days. Accordingly, the employee will be able to receive his next vacation not from the 15th, but from the 24th.

If we talk about special groups of employees, then depending on their status, they may receive longer time off. We are talking about the following categories of citizens:

1. Pensioners who continue to work. Their annual limit of days without pay is 14. The same figure also applies to employees whose relatives died as a result of their duty.
2. Disabled people. Their limit has been increased to 60 days.
3. Employees who took part in the Great Patriotic War. They are entitled to a maximum of 35 days of compensatory leave.

Regular employees under special circumstances (funeral, marriage, birth of a child) have the right to 5 days without wage deduction.

The figures indicated are the maximum determined by law. But the employee and employer can agree on a longer period.

It is possible that time off may be required simultaneously for several valid reasons. In this case, according to the law, for each situation the number of days is determined separately.

The duration of such holidays can be regulated through collective agreement at an individual enterprise. This is a convenient way to regulate labor relations, allowing you to initially take into account the interests of both parties: the employer and employees.

Good reasons

Each employee has the right to take a few days at his own expense to solve his problems. According to general rules, the employer is not obliged to release his employee for such rest. But if the parties agree among themselves, the employee can leave for several days.

There are reasons that are called “valid”, and in the presence of which management is obliged to give the employee several unpaid days of rest.

Vacation at your own expense is regulated by Art. 128 Labor Code of the Russian Federation. This article says that an employee can receive such leave:

• for family reasons, which will be considered a valid reason;
• The duration of the vacation must be agreed upon with management, unless otherwise specified in the Labor Code of the Russian Federation.

Not a single legislative act prescribes the concept of “good reasons”. The Labor Code of the Russian Federation states that such reasons may include family circumstances. That is, these are those circumstances that have a close relationship with events that happened to the employee himself or members of his family. These circumstances require the absence of the employee from his immediate workplace for several days.

Unfortunately, not all employers share the family principles and lifestyles of their employees, so they simply leave the application for such leave without movement or consideration. However, the law protects some family values, thereby obliging the employer to allocate several days to his employee if such circumstances occur.

In Art. 128 of the Labor Code of the Russian Federation stipulates valid reasons, in the presence of which the employer is obliged to give his employee up to 5 calendar days of rest. These days are not paid. These reasons include:

• birth of a child to an employee. These days are necessary for a young family to get used to a new family member, so that the father can help the mother in the first days after the birth of the baby, since family is the greatest value;
• Marriage registration. The employee has the right to use these 5 calendar days at his own discretion - take them before the wedding, during the wedding or after it. The law does not oblige the use of these days at any specific point after or before the official marriage;
• death of a close relative. These 5 days are given to the employee so that he can resolve all sorrowful issues regarding the funeral and other necessary procedures. Some people take these days to recover mentally after a loss.

The concept of a “close relative” is spelled out in the RF IC. These include:

• spouse;
• parents/children;
• grandmothers, grandfathers/grandsons, granddaughters;
• brothers/sisters.

The employer has the right to specify in local regulations additional reasons for the mandatory provision of several days of rest. For example, some bosses give mothers a day of unpaid leave if the child goes to first grade. As a rule, employers additionally prescribe the following valid reasons:

• illness of a close relative;
• family circumstances other than those described above. For example, divorce in court;
• farewell to the army;
• a natural disaster or other emergency that befell the employee’s family or the family of his close relatives;
• child's school holidays;
• quarantine at school or kindergarten;
• child’s preparations for summer health camp;
• passing a session or defending a thesis while receiving a second education.

In addition, there are categories of employees to whom the employer is obliged to provide unpaid leave at any time convenient for them. The duration of such leave per year depends on the category of employee, and can range from 14 to 60 calendar days.

Such employees include:

• WWII participants;
• old-age pensioners and disabled people who continue to work;
• spouses and parents of military personnel, firefighters, rescuers, employees of the Ministry of Internal Affairs, the prosecutor's office, and other law enforcement agencies who died during service or from an illness acquired during service.

Decor

First, you need to discuss the issue of taking time off with your immediate superior and only then go to the personnel department.

The next thing to do is to write an application for family leave. The sample must be available in the HR department.

This document must contain the following information:

• the period during which the employee will be absent;
• reason for the leave.

In order for the application to have the desired effect, it is recommended to attach documents confirming the fact of special circumstances. It is also important to carefully draft the document, avoiding mistakes.

A sample application for family leave will help with this. The following documents may be used as attachments:

• a copy of the marriage application;
• a certificate from a clinic confirming the serious condition of a relative, etc.

The completed application must first be signed by the head of the structural unit, and then by the management.

Next, the HR department works with the document. First, a corresponding order is issued, after which a special mark is made on the employee’s card.

Registration procedure

• The employee must make a statement stating the reasons in writing.
• The employer decides on the advisability of providing leave.
• In a personal conversation with the employee, the terms and conditions are discussed (in some cases, the average salary is retained during the vacation, if this is established in local regulations).
• The manager issues an order to the personnel department to create the appropriate order.
• The personnel department is preparing an order, after signing which the employee will have the right not to go to work for a specified period. The order can be issued in any form or in the T-6 form.

Form T-6 can be found here.

In the corresponding columns of the T-2 form of the employee’s personal card, information about the provision of leave without pay is entered. It is also necessary to enter information into the time sheet.

The code for unpaid leave provided in accordance with the law is OZ. If leave is given with the permission of the employer - DO. These days will not be taken into account in the future when calculating the employee’s average earnings.

Academic leave for family reasons

In addition to holidays and weekends, you must visit the university every day. But sometimes, due to various circumstances, there is a need to be released from classes.

The best option in this case would be academic leave. We are talking about the temporary release of a student from the educational process, provided that there are valid reasons.

It can be completed several times during the entire period of study. In most cases, academic leave is taken for a year. The maximum period is 2 years.

The decision regarding the registration of such leave is made by the head of the university within 10 days after the application is submitted.

Next, an order is issued containing information about the student’s exclusion from the faculty lists until the vacation ends.

How many days can you take at your own expense?

The Labor Code of the Russian Federation does not have an upper limit on the duration of free breaks for employees. It is established by agreement between the worker and his management. When the period is defined as a mandatory number of days, then the employer is obliged to give the legally established duration of rest at the request of the employee. And everything that will be longer than this duration is by agreement.

It should be noted that some categories of workers may have the right to receive unpaid time off for several reasons. For example, a working pensioner will be able to apply for up to 5 days of this type of vacation in connection with the death of a relative, and then use the 14 days due to him. Therefore, if there are several reasons, the worker can (but is not obligated) to use them one by one. The total duration of the right to this type of free holiday is summarized here.

Reasons for vacation

It is wrong to think that such an opportunity is available to every student. Academic leave is granted only if there are valid reasons. These include:

• pregnancy and childbirth;
• lack of funds to pay for training;
• illness of a relative;
• receiving invitations to participate in various events (music shows, etc.).

These reasons must be documented.

The vacation ends after the period specified in the papers has passed. If you wish to return to school earlier, you will need to write an application.

RAA Law

Employers, taking into account their production and financial capabilities, can independently establish additional leaves for employees, unless otherwise provided by this Code and other federal laws. The procedure and conditions for granting these leaves are determined by collective agreements or local regulations, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

This is important to know: Is maternity leave taken into account when calculating a pension?

We invite you to read: Leave for family reasons

Application for transfer of leave for family reasons. Employees are provided with annual leave while maintaining their place of work (position) and average earnings. Annual basic paid leave is provided to employees for 28 calendar days. Annual basic paid leave of more than 28 calendar days (extended basic leave) is provided to employees in accordance with this Code and other federal laws.

Annual additional paid leave is provided to employees engaged in work with harmful and (or) dangerous working conditions, employees with a special nature of work, employees with irregular working hours, employees working in the Far North and equivalent areas, as well as in other areas. cases provided for by this Code and other federal laws.

Can the bosses refuse and not let me go on forced leave to do my business?

If an employee asks for leave, the reason for which is specified in the labor code or in a legal act, then the management cannot refuse him this. If the director did not sign the application and refused to provide days off, then the employee must act on the basis of the law:

1. write an official application for leave without pay;
2. give it to the secretaries and demand that the incoming document be registered;
3. management is obliged to grant a shift refusal to the employee’s request;
4. file a complaint with the labor inspectorate, and attach a photocopy of the application and refusal.
5. wait until the check is completed.

Expert opinion

Lebedev Sergey Fedorovich

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

Of course, it is better not to spoil the relationship with the employer and not to immediately submit complaint documents to organizations for the protection of labor of citizens. The first thing you need to do is try to talk to your boss in person, citing the norms and laws of labor law.

This is important to know: How many vacation days are accrued per month?

In cases where vacation is issued without circumstances regulated by law, management may not sign the application and refuse days off.

Additional leave for military personnel

Military personnel are ordinary people, and various events also happen in their family that may require additional leave.

According to Article 11 of Federal Law No. 76, military personnel may also have additional leave for family emergencies. The period of such release from service is 10 days. The right to sign an order for additional leave is vested exclusively in the unit commander. It is he who decides how valid the reason for requesting temporary suspension from service is.