Sample order for leave without pay

In order for an employee to legally go on leave without pay, the head of the organization must draw up a written order to provide days off without pay. This document is the basis for approving the employee’s request for unpaid time off at his own expense.

The employer's administrative act on allocating free days to a citizen is signed by both parties - the director of the enterprise and the hired employee (applicant). The presence of these signatures and other mandatory details confirms the legality of the documented decision on leave.

Regulatory framework for 2021

This type of leave may be permitted in accordance with legal regulations.
According to the Labor Code, part 1 of Article 128, the employee must send the employer a written application indicating the reasons for receiving leave. The circumstances must be valid, including family problems. Regulations provide for cases when a manager may not approve an employee’s application.

The second part of Article 128 lists the conditions for providing leave at your own expense. In the absence of an employee for valid reasons, his workplace and position are retained by him.

The Labor Code regulates all types of leave on an individual basis, independently of each other. Thus, if an employee of an enterprise has already taken annual paid or additional days of rest assigned to him, he can still count on unpaid, but at the discretion of the head of the company.

Documents for confirmation

If, upon receiving an application from an employee, the employer doubts the reliability of the specified reasons, he has every right to demand their confirmation.

It can be:

• a certificate from the maternity hospital stating that the employee’s wife actually gave birth to a child, indicating the date;
• a certificate from the clinic confirming the death of a close relative;
• a photocopy of the marriage registration application submitted to the registry office.

It happens that the documents are not prepared on time, then the employee goes on vacation and upon return provides all the required certificates. If he does not do this, disciplinary action may be taken against him for absenteeism.

Pay on holidays with a shift work schedule is described in detail in our article. Read all about the funded part of your pension in our article. In 2021, military pensions will be increased. Find out which categories will be affected by the increase by reading this article.

Terms of service

The grounds for granting leaves without pay for work are approved by the Labor Code of the Russian Federation in Article 128. It could be:

• a written statement from the worker, in which he reflects the reasons for the need for temporary absence from the workplace;
• valid reasons for the employee.

The general director of an organization does not have the right to demand from an employee an application for leave without pay against his will, because this is a direct violation of the law.

If an employer forces an employee to file a statement regarding temporary failure to fulfill his work duties, for example, in connection with the renovation of a premises, he has every right to send a complaint to the labor inspectorate.

Unpaid leave, by law, is provided to employees of the following categories:

• participants of the Great Patriotic War, for a period of no more than 35 days;
• for pensioners who are on pension due to age and are still in the labor force: the duration of their temporary absence from work at their own expense can be up to 14 days;
• working disabled people: their leave can last up to 60 days;
• relatives of persons in military service or in social services departments are given two weeks of unpaid rest;
• family members of deceased employees or those who received injuries, as well as acquired diseases while performing work duties, are entitled to 14 vacations at their own expense;
• any officials, if there are valid reasons, are allowed to be absent from the workplace for no more than 5 days.

The Labor Code also provides other grounds for allowing an official to set aside a certain amount of time not to perform his or her job duties without maintaining pay. These include:

• employee's wedding;
• birth of a child;
• loss of a close family member.

Procedure for granting leave without pay

Taking leave without pay is permitted only with the consent of both parties to the employment contract.

It is unacceptable to force an employee to apply for leave without pay. The fact of filing an application does not give the employee the right to stop working without issuing an order.

When a citizen wishes to receive leave without pay, he needs to do the following:

• write a statement with a corresponding request and indicating the presence of a valid reason;
• present the document to the management of the organization and discuss this issue.

Remember! The administration of the enterprise, in turn, takes the following actions:

• An employee of the HR department checks whether the employee is included in the category of persons for whom the provision of leave is mandatory in accordance with Part 2 of Art. 128 Labor Code of the Russian Federation;
• if the answer to this question is affirmative, then an order to grant leave is issued. If a citizen is not among the persons who have such a guarantee, management has the right to independently resolve this issue. In case of refusal, a resolution is put on the application, and the employee continues to perform his duties.

Due to the difficult situation at the enterprise, the employer himself sometimes offers the employee to take leave without pay.

Then his actions include the following:

• personally talk with the citizen and explain the reasons for such a proposal;
• receive an affirmative answer (consent) from the employee, expressed in the application submitted by him;
• draw up and issue the appropriate order.

The above recommendations are not provided for by the Labor Code of the Russian Federation. Moreover, forcing workers to write an application for leave without pay violates the rights of workers. Therefore, the presence of a citizen’s desire is a necessary requirement here.

At the initiative of the employee

According to the law, the initiative to go on unpaid leave can only belong to the employee himself.
The head of an organization does not have the right to impose his wishes on an employee - to send him on vacation at his own expense. The employee writes a statement detailing the reasons prompting him to refuse to receive a full salary due to a certain number of unworked working days as scheduled.

In addition, he must note how many days he will be absent. Work experience in such cases does not play any role.

Situations not specified in regulations are considered by the employer; he decides at his own discretion whether to grant or deny leave to the employee, especially if this greatly affects the performance of overall work activities.

Based on the employee’s application, the HR department forms a special order allowing him to take unpaid leave.

Family leave for employees of the Ministry of Internal Affairs

The procedure for its provision is regulated by Art. 61 Federal Law No. 342 of November 30, 2011. Its duration during the calendar year cannot be more than 10 days. Within this period, leave can be granted an unlimited number of times. In the relevant law regulating the procedure for serving in the internal affairs department, family circumstances are equated to personal ones. Their list includes:

• Death of a close relative (parents, children, siblings);
• Serious illness of a close relative;
• Fire or other emergency encountered by the employee or his close relatives;
• Situations when an employee requires psychological rehabilitation.

Expert commentary

Gorbunova Olga

Lawyer

The duration of the vacation period does not include travel time to the vacation destination and back. Additional leave can be added to the main one, the duration of which is, on average, 30 days, but can be higher, depending on the employee’s length of service. The leave is issued on the basis of the employee’s report to his superiors and signed by the head of the relevant department.

Sample application

An application for unpaid time off work is a document in which the employee describes the request, including the reasons for it. The sample for filling it out is not particularly different from other applications.

In the upper right corner of this document, the employee indicates to whom it is addressed, that is, the position of the manager, the name of the company, the last name, first name and patronymic of the general director. In the same place, below the line, the employee notes his position, last name, first name, patronymic - from whom the application is made.

Then indicates the title of the document. Next, the employee discloses valid reasons for temporary absence from work. At the end of the application you must put the date of its preparation and signature. Here is an example of such a document:

General Director of Zhemchug LLC

Gavrilov Boris Anatolyevich

from a process engineer

Voronov Konstantin Pavlovich

Statement

I am asking you to allow me to go on unpaid leave for five days from 06/12/2017 to 06/16/2017, due to family circumstances related to caring for a sick close relative.

06/09/2017 Voronov K.P.

The document is drawn up by hand or printed on a personal computer on a paper sheet, A4 format, and sent to the head of the organization.

How to write a statement correctly

An application for leave for 1 day on account of vacation does not have a unified form. The addressee is the head of the organization. If the employee has an important reason for taking leave, it should be indicated. You can attach copies of supporting documents.

Based on the application signed by the manager, a corresponding order is issued, which is then transferred to the accounting department. No later than 3 days before the vacation date, the employee must receive vacation pay, so an application for one day of vacation must be submitted in advance.

The document has the following structure:

• A cap. It is necessary to indicate the position and full name. leader, name of the organization. After this, you should write down the position, surname and initials of the applicant.
• The title of the document is “Application”.
• The main part of the document - here they usually indicate a polite and concise request for paid leave, a specific date and reason.
• Below is the date of the document and the signature of the applicant.
• After this, you need to list the attached documents (if any).

The application is submitted directly to the manager or the HR department. The employee must understand that without prior agreement with the employer and his approval of the leave order, it is impossible not to go to work without permission.

Basic moments

Many administrative actions of the general director in relation to the working personnel are carried out in accordance with the order issued by the employer. The same applies to vacations at your own expense. After considering the employee’s application, the manager makes a decision; if it is positive, then an order is drawn up on the unified T-6 form.

Order to take leave at your own expense due to quarantine

An order for leave due to quarantine is issued according to the rules that we described. There is no need to indicate that the reason for the vacation was quarantine imposed due to the spread of coronavirus infection. The Labor Code of the Russian Federation and other regulations do not contain such a basis for unpaid leave of an employee.

Conclusion! An employee can be sent on leave at his own expense during quarantine, just like at any other time, only with his consent.

Important! Organizations that send their employees on unpaid leave en masse risk coming under inspection by the labor inspectorate at the end of the high-alert regime.

If the employee’s consent is absent, the employer can reduce its costs by sending workers to idle time. In this case, downtime is declared due to circumstances beyond the control of the parties to the labor relationship. Read our article about the suspension of the organization’s activities during quarantine.

We recommend! Small and medium-sized businesses can receive a subsidy or loan to pay salaries. Details in our article How to get a subsidy of 12,130 rubles for your salary?

Unified forms

Orders for granting leave at the employee’s expense may be drawn up in any form, indicating the following data: name of the organization, date, signature with transcript.

Currently, enterprises are increasingly using the unified T-6 form. Her form looks like this:

Documents for download (free)

• Form No. T-6
• Sample order for granting leave without salary

The order must be filled in with all the necessary information, because if the audit finds shortcomings in its completion, the head of the organization may be subject to penalties. Thus, the finished T-6 form allows you to avoid these troubles.

Differences and accompanying documents

Due to the difference between leaves, they can be additional, paid, without pay, maternity, educational, their formation procedure also differs.

The form for filling out is the same for everyone - according to the T-6 form. The differences in it are reflected only in sections A and B, where there are columns for annual paid and additional leaves. These lines are filled out in aggregate or separately, regarding the reasons for temporary release from work.

The documents accompanying the order for leave at your own expense include:

• vacation schedule;
• statement from an employee;
• a calculation note reflecting the results of calculations of the average wage that the employee will receive during his absence from the workplace.

Required documents

The grounds specified in Part 2 of Art. 128 of the Labor Code of the Russian Federation, must be documented by the employee.

Important! When submitting an application, a citizen is required to attach official evidence of his preferential status.

Inclusion in the preferential category of employees is confirmed:

• for pensioners who continue to work - a pension certificate;
• for working persons with a registered disability - a certificate of disability;
• for citizens wishing to receive unpaid days in connection with the family reasons listed in the law - certificates of registration of marriage relations, birth of a child, death.

In addition to the above, employees have the right to submit other documents justifying the request. There are situations when family circumstances do not require confirmation at the time of drawing up the order.

If receiving additional leave without pay is necessary due to the birth of a child, the death of a loved one or marriage, the following must be taken into account:

• the necessary evidence has usually not yet been received, the employee only refers to the event that occurred, and will be able to provide documents confirming it later;
• Each family circumstance gives the right to 5 unpaid days. Such leaves may be cumulative even if the events occurred within one calendar year or a shorter period of time;
• the list of close relatives of a working citizen is reflected in personal information about him. This information is enshrined in the internal documents of the organization, which should be used in cases of requests for leave due to the death of a family member. In this case, the requirements of Art. 14 of the Family Code of the Russian Federation, which defines the concept of “close relatives”. The list given in Art. 14 of the RF IC, can be expanded depending on specific circumstances.

Deadlines, date, signature, seal

In the vacation order drawn up in the T-6 form, it is necessary to enter the date of creation of the document, the terms expressed in calendar days, and how long the employee will be absent. The combination of unpaid leave with the main one is reflected in sections A and B, while in B the total period of rest is recorded.

The order is signed directly by the general director of the enterprise; a signature of an authorized person accompanied by a power of attorney is also allowed. Ultimately, the employee must sign the order. Printing is not provided for this document.

Thus, if an employee wishes to go on vacation without a conversation with the head of his department, it will not be enough. Absence from work for valid reasons must be documented.

The procedure for registering leave without pay in 1C is presented in the instructions.

Errors in design

All personnel documents must comply with current legislation. Any inaccuracies may cause a violation of the interests of the parties to the employment contract.

Below is a list of the most common mistakes when booking a vacation:

• incorrect wording. Even if the employee indicated in the application that he wishes to receive leave “at his own expense” or “without pay,” the order should not repeat these colloquial forms. The law defines this type of leave as “leave without pay.” This is the only possible option used in the documentation;
• The vacation period was calculated and indicated incorrectly. The deadline should be determined not by working days, but by calendar days. Thus, its flow is not interrupted by weekends and holidays;
• issuance of two orders when a citizen applies for different types of leave. This happens if an employee wants, in addition to the main paid leave, to receive additional unpaid days. The recommended form of the order form contains 3 sections: section “A” involves entering information about the annual paid leave provided, section “B” is intended to indicate the period of unpaid leave, and section “B” includes the summed duration of these two types of rest. Thus, both types of leave are reflected in one order;
• lack of information in section “B” of the order form. This column must be completed, even if only one type of leave is provided. Then section “B” will duplicate section “A” or “B”, respectively.
• absence of the signature of the manager or other person with authority on the order. Without a signature, the document has no force and is considered invalid;
• absence of the employee’s signature on the order form. The Labor Code of the Russian Federation considers it obligatory for the employee to familiarize himself with the order to grant leave without pay, and this is evidenced by the signature. This is confirmation that the citizen knows about the dates of the vacation period.

In judicial practice, there are often cases of imposition of disciplinary sanctions due to negligence in the preparation of documents. This case is indicative. After speaking personally with the manager, the employee applied for leave without pay and stopped working. However, the order was not issued, and the employee received disciplinary punishment.

His appeal to the court to protect his rights did not yield results. The decision was made in favor of the employer, since there was no documentary evidence of the grounds for absence from work.

To protect themselves from such incidents, employees are advised to personally request to review the issued order. In the T-6 form, section “B” is devoted to leave without pay. It is better to independently verify that the document is signed by the boss.

It is also advisable to check whether the data is entered into the personal card and workday report card.

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