If the vacation is postponed... The procedure for transferring vacation to another date and a sample application

Author of the article: Sudakov A.P.

The prospect of a good holiday makes you happy long before it arrives. People make plans, save money for this event and live with pleasant expectations. A pre-drawn schedule regulates the sequence of rest, which allows for an optimal mode of production activity. However, often personal or work-related circumstances require adjustments to the planned future.

When vacation is not relevant

Reasons for postponing the vacation period

The basis for postponing rest periods may be force majeure of a personal or production nature. Valid reasons for registering a transaction include the following family situations:

• with illness or injury of the worker or his family members;
• with the need to care for a child under 3 years of age;
• with the special situation of a woman who is about to go on maternity leave or leave it.

It is worth noting that the regulations provide for a preferential category of employees to whom the employer does not have the right to refuse their desire to rest at any time of the year. In this case, their initial decision as stated in the questionnaire is not important, since they have the right to change it.

The transfer of vacation time due to production needs must be justified by the employer.

This is only permissible in a situation where the absence of an employee from the workplace may cause negative consequences for business activities, affecting its results and performance. Extension of vacation or transfer of its days must be formalized if the employee falls ill or is injured during a legal vacation. An increase in deadlines is also typical for such a time period when holidays fall on it. In such a situation, the day of going back to work is considered to be the next day after the first working day, calculated on the condition that there are no holidays during the vacation period.

Order to postpone family leave

Legislative norms oblige the head of a business entity to reschedule vacation in situations where the employee was not notified of the upcoming event or was not paid vacation pay three days before the start of the vacation.

The transfer will also have to be processed if the employee performed tasks of national importance.

Documents accompanying the transfer of vacation

The decision to postpone rest time can be reflected in an order issued by the employer. Based on this order, the vacation schedule is adjusted.

But to issue an order you need a supporting document. And such a document becomes the employee’s statement. Moreover, it must be completed in all situations requiring the transfer of vacation:

• due to personal (family circumstances) - in order to express a request caused precisely by such circumstances;
• in connection with the need to be at work - to express consent with the employer’s proposal to change the rest time or to present one’s option for rescheduling in response to such a proposal;
• not allowing the employee to use rest time - to reflect the decision made by him in connection with the possibility of exercising the legally established right to change rest time.

Documents that supplement the employee’s application and are also indicated as grounds in the order will be:

• for the second situation - a notice of vacation transfer received by the employee from the employer;
• for the third situation - a document confirming the occurrence of temporary disability or the need to perform government duties.

Algorithm for the event

If a change in the terms of vacation time is carried out at the request of the employee, then it is necessary to fill out an application, which must display the request and the rationale for one’s decision to make adjustments to the schedule.

The document must be completed no later than two weeks before the planned transfer. It cannot be issued on days when the vacation has already begun. On the application, the employer writes his resolution to satisfy the employee’s request. Based on it, an order is issued to postpone the vacation at the request of the employee and to make changes to the vacation schedule.

Application to reschedule family leave

The employee must be familiar with the administrative documentation, as evidenced by his signature on the familiarization sheet. If the initiator of the postponement is an employee who is not included in the preferential category, then the employer has the right to refuse his request.

In such a situation, the employee will have to go on vacation according to the originally drawn up schedule. Also, an employee may refuse to postpone the vacation period due to production needs. However, such a decision may have unpleasant consequences associated with the employee’s further work at the enterprise.

Questions and answers

Is it possible to reschedule if the vacation is not as scheduled?

The employer may refuse leave if the reason for the transfer is not valid and the subordinate has worked for the company for less than 6 months.

Exceptions exist for honorary donors of Russia, part-time employees and men in the case of their spouse’s maternity leave.

What if the days have already been paid for?

The transfer is permitted on the basis of Article 123 of the Labor Code of the Russian Federation.

The subordinate returns the paid money to the cashier, uses it as an advance, or writes a statement asking to deduct the funds from the salary.

How many days before the holiday do I need to place an order?

The document is issued no earlier than 2 weeks before the start of the vacation. However, the employer can postpone the vacation for 1 calendar year (730 days), for which an order is also issued.

What orders does the document refer to?

The document is an internal non-unified act of the enterprise. It is subject to labor and tax laws.

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Vacation

Contents of the document

Legislative norms do not provide for a form that is unified for administrative documentation.

Therefore, personnel officers design it at their own discretion. Having once developed an order to postpone vacation to another period, a sample of which is a standard, HR officers use it, replacing the main parameters of the document - the date of the event and identifying information about the employee to whom the order concerns.

Application for postponement of leave due to illness

Despite the arbitrary text form of administrative documentation, in order to avoid questions from regulatory authorities, it must contain information:

• name of the enterprise where the employee is employed;
• name of the order;
• date of document preparation;
• registration number of the order;
• the basis for drawing up documentation is the employee’s personal statement;
• text part;
• employer's signature;
• familiarization of the employee with the contents of administrative documentation.

An order to reschedule family leave must contain identifying information about the employee, the number of days off, the date to which it will be rescheduled, and the reason why additional paperwork was initiated.

Several instructions from the director are allowed in one order, so in the text part of the document you can mention the need to make adjustments to the vacation schedule.

Application for postponement of vacation due to late notification of the employee

Sequencing

It is important to follow the standard procedure to complete the necessary formalities.

1. 
   If the initiator is an employee, he writes a statement and submits it to the manager or the human resources department for registration in a special journal.

2. If the employer is the initiator, the employer must initially obtain the employee's written consent in the form of a signed notice or statement of consent to the transfer by the employee.
3. The employer issues and registers the order.
4. The employee reads the order and indicates his consent in writing.
5. Updated data is entered into the vacation schedule and time sheet.
6. The necessary information is marked on the personal card.
7. Vacation pay is being recalculated.

An employee got sick while on vacation: what to do?

If an employee is injured or ill while on vacation, as evidenced by a issued certificate of incapacity for work, then his vacation days can be extended or postponed. The method of solving the problem with the employee’s rest is determined through negotiations with the employer. If it is postponed to a distant period, it is necessary to draw up an order indicating a specific date. The basis for drawing up administrative documentation is the employee’s application and his certificate of incapacity for work.

A sample order for transferring leave due to sick leave will help you competently draw up documents by including the required sections in it. In case of extension of vacation time, the employee just needs to call the head of the department and notify about his illness during the vacation period. No additional documentation is required.

Grounds for refusal by employer and employee

The main reason for refusal to transfer vacation by the employer is production necessity.

The subordinate is allowed to use the wording “I am familiar with, but do not agree,” indicating the basis for the refusal.

Postponing the date of the vacation period is a normal occurrence at the enterprise. Its causes are unforeseen situations and the inability of other employees to solve production problems.

If conflict situations arise, the employee is advised to contact the trade union or the Commission for Resolving Labor Disputes.

Find out from our material whether alimony is paid on sick leave. How to calculate replacement during sick leave? See here.

What fine does an employer face for non-payment of wages? Information is here.

When vacation time cannot be transferred

Legislative norms prohibit the transfer of vacation days for a certain category of employees.

In order to ensure a safe production process, it is important for minors, as well as those working in hazardous working conditions, to be provided with timely rest. Therefore, its transfer to a distant date is not relevant. If an employee’s vacation corresponds to the period preceding dismissal, then in the event of his illness, he is not granted a transfer of days. Only main leave can be transferred. For additional days, the transfer procedure is unacceptable.

Which form should I use?

The rules for transferring annual leave are specified in Article 124 of the Labor Code of the Russian Federation. It contains information that the employee has a claim to transfer leave on his own initiative.

In addition, it lists categories of officially employed citizens who do not have the right to postpone the rest period.

There is no detailed information about the requirements that must be met when issuing an order to transfer annual paid leave. In this regard, we can conclude that it is permissible to draw up a document in free form.

In most companies, responsible employees develop a special sample of orders. When preparing the paper, you should adhere to the company’s existing documentation rules.

In the absence of such, the order is issued on the company’s letterhead or A4 sheet. When writing, it is important to adhere to a business style of narration and follow the rules of the Russian language.

Document retention period

Transfer of vacation due to non-payment of vacation pay

Personnel administrative documentation is subject to mandatory registration in the personnel orders journal. Its storage must be ensured for five years

. Since the orders justify the legality of making payments under the item of vacation payments, the presence and content of the document can be checked by the authorized bodies. It can also be removed from the archive as a sample for new documents.

Norms of the Labor Code of the Russian Federation

Annual leave under Article 114 of the Labor Code of the Russian Federation is mandatory for persons under 18 years of age and personnel working in harmful and dangerous work.
Postponement of the vacation date in accordance with Art. 124 is carried out for workers of the following categories:

• temporarily disabled for a period of rest;
• executing orders of national importance during vacation time;
• in other cases - late crediting of vacation pay, failure to submit an application 14 days before the vacation.

The new version of Article 126 of the Labor Code of the Russian Federation states that monetary compensation may be paid for part of the vacation period of more than 28 days. The employee has the right not to take rest for 730 days.

How to reschedule vacation by management decision

An unpleasant event for an employee can be the postponement of vacation time on the initiative of the employer, who probably justifies his desire with production necessity. An employee is unlikely to be able to refuse his boss’s request, even if his absence from the workplace does not lead to negative consequences, but he has the right to do so. You can postpone vacation at the initiative of the employer either to another time of the current year or to the next year.

Legislative norms regulate the timing of the transfer of vacation time no later than 12 months after the end of the year in which it should be granted. It is unacceptable to postpone your vacation to the next year for the second time in a row. You cannot transfer deferred days to the next year a second time.

The transfer of vacation time for any reason must be properly documented in order to eliminate conflicts within the team and with inspection authorities. An important point of the event is the negotiations between the employee and the employer, in a situation where for one or the other party vacation at the time regulated by the schedule is not relevant.

When all the formalities are taken into account, the long-awaited vacation will truly become a reward for the employee and will not cause a headache for the head of the business entity.

Who can take the initiative?

The initiator of the transfer can be either an employee or a manager. In the latter case, the written consent of the employee is a prerequisite.

If the reason for the transfer is the employee’s personal or family circumstances that are not related to the main list of reasons, the manager has the right to act at his own discretion.

In the event of controversial situations, for example, if the employer does not want to postpone vacation dates if there are compelling reasons for doing so, or, conversely, he forces the employee to take vacation later, the employee has every reason to contact the regulatory authorities or defend his labor rights in court.

Basic provisions

Transfer of leave - providing a subordinate with the number of days that were not included in his leave, separately or through their addition to another annual paid leave. The transfer does not cancel the vacation entitled to the subordinate by law.

The law does not allow the replacement of annual paid leave with financial compensation (except for the dismissal of subordinates) or the transfer of leave to the next year. However, the calculation takes into account the working year, calculated from the date the subordinate carries out his activities, and not the calendar year. The working year is expressed in 12 calendar months from the date of execution of the employment contract, after which the subordinate has the right to apply for annual paid leave. Thus, leave can be granted at any time during the working year.

If a subordinate was unable to take vacation leave over the past working year due to retraining, company reorganization or other reasons, then it is allowed to transfer the rest days over the next 12 months to any time. You can also fully or partially combine it with the vacation of the next working year.

A vacation you have not taken off can only be used up; it cannot be replaced with financial compensation. By law, a subordinate can go on vacation several times a year if this is necessary to fully use the days of rest allotted to him. You can also pay a subordinate compensation for that part of the vacation that is more than 28 calendar days established by labor legislation.

For family reasons

The reasons for changing the order of vacations are usually considered:

• serious illness or injury to an employee or his household, requiring care and rehabilitation;
• presence of children under 3 years of age;
• imposing a vacation period on the date of going on maternity leave or, conversely, the end of maternity leave;
• the birth of a child, the death of loved ones and marriage. Here, the period of leave without pay is no more than 5 days.

Important! For employees working in hazardous industries or in difficult conditions in the northern regions, the legislator also provides for the possibility of receiving additional paid leave every year (Article 116 of the Labor Code of the Russian Federation).

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Features and Limitations

When transferring vacation to other dates, the employer will have to re-calculate vacation pay for the postponed days. Vacation pay for days not taken off cannot be deducted from your salary. The employer has the right to offset paid vacation pay against those payments due to a subordinate for the next month.

The employer is obligated to extend or reschedule leave if a subordinate combines work and educational activities at a university that has state accreditation. In accordance with Art. 173 of the Labor Code of the Russian Federation, in such cases a subordinate can apply for study leave. If it coincides with the main paid one, then the latter is either postponed to another date or extended. The transfer of study leave is unacceptable by law, since it is granted in accordance with the summons certificate.

The obligation to pay vacation pay on time is specified in Art. 136 Labor Code of the Russian Federation. The money must be transferred no later than 3 days before the start of the vacation. Annual vacation schedules are drawn up both to plan coordinated vacations of subordinates for the smooth operation of the company, and to plan future payments. If force majeure occurs, problems with payments may arise, especially if the company does not have financial reserves, but in this case the legislation protects the labor rights of subordinates.

Important! If the transfer of vacation is necessary because the employer is late in paying vacation pay, then he will have to pay financial compensation to the subordinate. The payment amount is not less than 1/300 of the current refinancing rate of the Bank of the Russian Federation of the amounts not transferred on time for each new day of non-payment.

If you need to extend your vacation, the procedure for registering it will be much simpler compared to transferring it. There is no need to draw up separate statements and issue orders. It is enough for the subordinate to provide a document confirming the existence of grounds for extending the rest.

Employee statement

An employee who wishes to change their vacation time must draw up and submit an application for this. The administration can develop a sample on its own, enshrining it in the accounting policy, or allow employees to write freely. It is necessary to find out from the HR department whether the organization has a developed form of this document.

According to general requirements, the application must include:

• name of the employing company;
• position and personal data of the citizen (full name);
• information about the previously expected time of vacation and the desired transfer;
• reasons for such a request.

Remember! If circumstances so require, documents confirming a valid reason (for example, a certificate of adoption of a child) must be attached to the application.

The text may be written by hand or printed on a computer. Local organization standards may provide a special form for this. A mandatory requirement is the presence of the applicant’s handwritten signature and indication of the date of preparation. There should be enough space below or above the text for the boss's resolution.

The application is drawn up in two identical copies. One of them is transferred according to the rules for submitting internal documents; on the second, the secretary, office worker or personnel department employee puts a mark on receipt. This copy is kept by the employee and confirms the fact of contacting the employer.

An example of writing an application to postpone a vacation. The document is drawn up according to the general rules of business correspondence.

The addressee is indicated in one of the upper corners of the form:

• full name of the employing organization (in accordance with the charter);
• position and surname with the initials of the manager.

Next, enter the position and personal data of the employee. Below in the center of the sheet is written the heading “Statement”.

The presentation should begin with a request to postpone the vacation, and you must indicate:

• what the schedule called for;
• time that is convenient for the employee. Both periods are indicated in full with a start and end date.

The next phrase will be a statement of the reasons for this decision. Below is the calendar date for drawing up and submitting the application, as well as the citizen’s signature with a transcript.

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According to production needs

Sometimes emergency circumstances require that employees' planned vacations be extended or postponed indefinitely.

Articles 124-125 of the Labor Code of the Russian Federation are cited as such reasons:

• the production needs of the organization in the event that an employee going on vacation will have a bad impact on overall results;
• fulfillment by a citizen of duties of a state nature during vacation (for example, participation in a court hearing);
• the need to send an employee on a business trip.

Watch the video. Does unused vacation expire: