Dismissal for family reasons without working off: Labor Code of the Russian Federation

Author of the article: Roman Gavrilov Last modified: January 2021 8224


Leave for family reasons is provided on the basis of the Labor Code of the Russian Federation and local acts that the employer adopts independently. The list of specific situations that may become the basis for granting an unscheduled break at work is indicated by labor legislation. The head of the enterprise or other authorized person has the right to grant leave for reasons that he considers sufficient to allow the employee not to appear at work for some time.

Family Leave: How to Leave

We would like to warn you right away that the law does not oblige management to give leave for family reasons to an employee in all situations. This is because this wording is very general, and it is what is used to write a vacation application in many situations that, from an official point of view, you should not describe.

Are there circumstances in the family that require your presence? It's time to apply for vacation!

Further in the table we will consider under what circumstances it is possible to provide the type of leave of interest to us.

Table 1. Features of obtaining leave for family reasons

NuanceDescription
Having a good reasonIn this case, going on vacation is possible only if the management considers the reasons for going on vacation to be valid.
Deadline agreed with the leadership or legislation of the countryDetermining the period during which you will be away from work is not the preference of the employee, but of the boss. In some cases, the establishment of a specific time period will be based on information from the Labor Code of the Russian Federation.

In order to achieve what you want and solve the problems that have arisen in the family as soon as possible, you need to agree with the employer regarding this leave. There is only one way to do this: briefly or in detail, if desired, describe to the manager the reasons why you are asking for a break.

To achieve what you want and solve the problems that have arisen in the family as soon as possible, try to describe to your manager the reasons why you are asking for leave

How to write a letter of absence from work

Most companies strive to regulate the time employees spend at the workplace, their periods of work and rest. To do this, each employer approves its own working hours, and the employee is obliged to obey this regime.

But any employee, regardless of his attitude to work, moral and business qualities, sometimes has the need to leave the workplace. The reasons for this are varied, and it depends on them which statement to write for absence from work for an employee.

The following are considered valid reasons for temporary absence from work:

  • visiting a doctor, undergoing a medical examination;
  • participation in court proceedings and investigative actions;
  • call to a government agency;
  • an emergency situation at the employee’s place of residence requiring his presence;
  • important family circumstances.

The law establishes a number of circumstances in the presence of which the employer does not have the right to refuse an employee rest. Eg:

  • a person is a donor of blood or its components. Art. 186 of the Labor Code of the Russian Federation guarantees such employees an additional day of rest after each delivery;
  • Art. 153 of the Labor Code of the Russian Federation allows you to receive an extraordinary day off for previously worked time.

How to properly ask for time off

An employee has no right to arbitrarily neglect his work duties, even if there is a good reason. The approval of absence from the workplace is formalized; the person must notify the employer that he plans to be absent at a certain time.

Some companies allow verbal agreement on temporary absence from work. But this option cannot be called optimal, because in the event of a dispute, you will not be able to present written permission to take time off.

The best way to agree on time off is to write a statement of absence from work, in which you indicate how long and in connection with what you are asking for time off. The appeal is approved by the immediate superior or other representative of the employer, putting the appropriate resolution on the application.

How to make an application

It is allowed to make a request in free form if the internal document of a particular employer does not approve specific requirements, since at the legal level an application for absence for several hours or several days does not have an established form.

https://www.youtube.com/watch?v=9ZX56KVquAI

In the document please indicate:

  • FULL NAME. and the position of the addressee - the head of the organization, a copy should be sent to the employee’s immediate superior;
  • Full name, position and personnel number of the applicant;
  • the name of the document is “application”;
  • a request to provide a day off and the date of the expected time off;
  • the reason or grounds for granting extraordinary leave;
  • date of document preparation and signature of the applicant.

The text of the document sometimes begins with the phrase “I ask you to agree on absence from work,” but other wording will not be a violation.

Please submit your request either to the HR department or to an employee authorized to receive such documents in your organization.

We ask for time off at our own expense.

An employee has the right to request permission to be absent from work at his own expense on any working day, providing justification for the reason. We suggest the following wording in the statement:

Based on Art. 128 of the Labor Code of the Russian Federation, I ask you to grant me leave at my own expense on November 15, 2020 for personal reasons.

Please note: the employer has the right not to agree on temporary absence from the workplace, so before not going to work, obtain a written permission resolution.

Day off for previously worked day

If an employee previously went to work on an official day off, he is entitled to either monetary compensation for the time worked or a day off on another officially working day. When asking for such a day off, it is not necessary to justify the need to provide rest. But it is necessary to indicate the date of the day off that the employee spent at work without reservation.

We recommend writing your application as follows:

In connection with going to work on my day off - October 13, 2020, on the basis of Part 4 of Art. 153 of the Labor Code of the Russian Federation, I ask you to grant me time off on November 13, 2021.

Take one or more hours off

A whole day is not always needed to resolve a personal issue. An employee has the right to submit an application for absence from work for several hours, if during this time he manages to solve the problems. For the boss to let you go for a short time, a verbal agreement is enough. This is a common practice.

Remember: in accordance with Art. 81 of the Labor Code of the Russian Federation, absenteeism is the absence of an employee from the workplace for four hours. Without written approval, you will not be able to confirm your good faith, and in the event of a dispute, it is easier to fire you for absenteeism.

As an example of how to take time off for a short time, apply for 1 hour of absence to go to the clinic with your child.

I ask that you allow me to be absent from my workplace on November 15, 2020 for 1 hour (from 10.00 to 11.00), in connection with a visit to a medical facility with a young child.

For family reasons

The wording “family circumstances” is streamlined and includes a lot of different events. Some of them, for example, a wedding, the birth of a child or the death of a relative, in accordance with Art. 128 of the Labor Code of the Russian Federation, unconditionally give the employee unpaid days of rest. In connection with other events, days off are provided in agreement with the employer.

In a statement of absence from work for family reasons, the following wording is used:

Based on Art. 128 of the Labor Code of the Russian Federation, I ask you to provide me with time off at my own expense on November 11, 2021 to participate in my father’s funeral.

Day off for donating blood

Donation is an honorable, socially encouraged activity that provides a variety of compensation, guarantees and bonuses. One of them is additional paid time off. In your statement of absence from work, in this case, indicate the fact of donation, and then attach a certificate in form No. 402/u.

The employer should write this:

Guided by Art. 186 of the Labor Code of the Russian Federation, I ask that you release me from official duties on November 11, 2021 in connection with the performance of the donor function and provide an additional day of rest on November 12, 2021.

Let us remind you that an additional day off can be added to your annual paid leave or taken at another convenient time, but always in agreement with your superiors.

Source: https://clubtk.ru/forms/dokumentooborot/kak-napisat-zayavlenie-na-otsutstvie-na-rabote

Providing leave for family reasons: good and bad reasons

Of course, the reasons voiced to your superiors can only be valid, that is, when your presence is necessary to participate in circumstances that have arisen at home, and the management will understand that they are simply obliged to provide several days of official leave.

Unfortunately, the laws of our country do not define a list of causes that evoke special respect and understanding; however, the Labor Code explains that this list includes only those events that are closely related:

  • with incidents that directly affected the company employee;
  • situations in which close relatives of a citizen find themselves.

There is a list of valid reasons that may serve as a basis for taking leave for family reasons.

Please note: unfortunately, not all bosses share the family values ​​​​accepted in society, and therefore do not take into account the importance of the requests of their employees.

In some cases, such rejection will be hopeless, since it is almost impossible to prove the seriousness of your reasons, especially given the fact that your boss has no direct obligation to provide you with leave. However, some family circumstances are still protected by law.

Thus, the Labor Code contains a short list of reasons that are officially considered valid, the occurrence of which becomes an exhaustive circumstance for assigning leave to employees.

If such reasons arise, the employer:

  • is obliged to allocate 5 days to the employee to establish peace in the family and resolve general issues;
  • will not pay any maintenance, since the period is too short and the grounds are insignificant.

For many modern people, the opportunity to take such a vacation is the only chance to resolve all the problems that have arisen at home.

In the table below we will find out which reasons are valid for receiving a few days to resolve family issues.

Table 2. List of valid reasons for granting leave for family reasons

CauseDescription
The appearance of a child in the family of an employeeThe birth of a child is one of the main miracles in the life of every person, which, however, is accompanied by such difficulties as:
  • getting used to the new arrangement of life in the family;
  • the realization that a baby has been added to the social unit;
  • restructuring of wakefulness, etc. Therefore, even in a situation where the mother is on maternity leave or later to care for the child, the father’s help may still be needed for the first few days.
Official registration of marriage relationsEach employee has the right to use the required five-day vacation in this situation according to his own desire:
  • get it before the wedding;
  • take a break after the celebration. The law does not make any additional requirements in this regard, except that the marriage must be official. However, as already mentioned, if you discuss with your boss the possibility of getting leave and having a wedding without an official wedding, there should be no problems.
Death of a close relativeThe required five days in the event of such grief occurring in the employee’s family are given to him to resolve issues regarding:
  • burials;
  • organizing farewells;
  • other traditional procedures performed in this case. This period is also often used to recover and restore functionality after a bereavement. Please note: the concept of a close relative, for whose funeral you can get an official five days, is stipulated by the Family Code of our country. So, this category includes:
  • employee's husband or wife;
  • parents of the person;
  • children born or adopted by the employee;
  • grandmother and grandfather;
  • grandson or granddaughter;
  • brothers and sisters.

A number of reasons voiced by the employee can be a good enough reason to let him go on vacation for a few days.

Additional list of reasons for taking family leave

The laws of the Russian Federation do not prohibit the employer from independently making a decision regarding the definition in the regulatory acts of the organization of an additional list of grounds for granting several days of vacation.

For example, female employers often introduce the opportunity for mothers working at the organization to take one day of leave without pay on September 1, when their offspring goes to school for the first time.

In addition, employers quite often include in self-organized lists the following grounds:

  • an illness affecting a close relative;
  • divorce in court;
  • a family member leaving for compulsory military service;
  • natural disasters occurring in the region, or other emergency circumstances that in any way affected the employee’s family members;
  • school holidays for an employee’s child;
  • introduction of quarantine at a preschool educational institution or school;
  • packing up the offspring for a further trip to a health camp;
  • exams that a citizen takes as part of a session or defense of coursework and dissertations when receiving a second higher education.

There is an additional list of reasons that may serve as grounds for receiving time off.

How to remember

It’s easy to remember if you use associative and figurative memory or repeat it many times.

Associative method of memorization.

Come up with an association with the words “in connection” and “separately”.

For example, a connection is a chain, each link can break, separate links. “In connection” we write separately.

A figurative way of remembering.

Imagine this chain - what is it like? Iron, silver or gold. Imagine how easily it breaks off in your hands, you are trying to put the pieces together, but it doesn’t work, “in connection” everything is separate.

Vacation at any time: who can get it?

The law designates certain categories of workers who can demand leave without pay from their superiors at any time of the year, when it is convenient for them, and go on it. The period of time off provided in this case will range from 2 weeks to 2 months.

This list includes:

  • participants of the Great Patriotic War;
  • citizens who have reached retirement age and continue to work;
  • persons with officially confirmed disabled status who have also not left work;
  • husbands, wives and parents of representatives of such professions as the military, firefighter; employee of the prosecutor's office, member of the security forces, rescuer, etc., who died as a result of fulfilling their professional duty or due to an illness acquired in the process.

There are some categories of benefit employees who can receive this leave at any time

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Documents to confirm reasons for leave

If you want to go on vacation for one of the reasons specified in the Labor Code of the Russian Federation, there is no official need to provide evidence confirming the occurrence of a particular circumstance.

It is enough just to draw up a statement of appropriate content addressed to the head of the organization, which indicates the following mandatory nuances:

  • the reason for requesting leave;
  • the period during which the employee wants to resolve issues that have arisen at home.

Let's give an example. The text of the application may sound something like this: “I ask you to grant me leave without pay from November 10, 2018 to November 14, 2018 for 4 calendar days for family reasons.”

There is also no requirement to attach documents confirming the presence of a valid reason to such an application due to the fact that:

  • some family circumstances cannot be officially recorded;
  • in other situations, even when possible, documents confirming the need for your presence are issued after the event you were supposed to attend has passed.

Sample application for family leave

So, for example, when a citizen gets married or has a child, he receives a certificate of marriage and the birth of an offspring only immediately after the event.

However, if for some reason the employer insists on the subsequent provision of documentation, then after the event you can bring the papers so that they can be filed with your personal file.

Rules with the derived preposition “in connection”

“In connection” is used most often as a derivative preposition, and in any syntactic construction it will be a connecting fragment to which no question can be asked. But, at the same time, “in connection” can be easily replaced with a preposition-synonym “because of” or with an adverbial combination “due to reason”. Pronounced with emphasis on the “i” sound.

Examples

Say all the examples out loud for better memorization.

  • Due to early frosts, the farm began early harvesting of all open crops.
  • Ticket offices for the Okean Elzy concert opened several hours earlier due to the fact that those wishing to get into the stadium had formed a huge queue.
  • Due to the current situation at the university, Yulia decided to start writing her thesis in advance, before her classmates grabbed the most interesting topics.

Documents to confirm the valid nature of the leave

Supporting documents are papers provided to your superiors after the fact, when you have already gone on vacation and have undertaken to officially confirm the reason for going on vacation.

The employer may require the following supporting documentation.

Table 3. List of supporting documentation

DocumentDescription
Certificate from a medical organizationIf you are taking leave to care for a sick family member, you must obtain a certificate from the hospital stating that they require it. Please note: if you and the ward have different surnames, a paper will be added to this certificate, which should prove the existence of family ties between you.
Photocopies of certificates:
  • about marriage;
  • birth;
  • of death.
Each of these events, of course, is a respectful one, and is accompanied by the issuance of a mandatory certificate, which must be submitted for consideration at the place of employment.
A copy of the telegram about the death of a close relativeTo go to another locality to say goodbye to a loved one, you must provide a telegram to work informing you of the fact of his departure.
Certificate from the civil registry office indicating the time of marriageA certificate from the civil registration authorities will also be provided, which will indicate the officially designated time for your marriage.
Certificate from the medical office of a school or preschool educational institution regarding quarantineSuch certificates can be issued upon request to parents who have to stay at home with their children during quarantine to the detriment of work.
Certificate from a higher educational institutionYou can officially confirm that you have a session or intermediate certification at the university using an official certificate obtained from the dean’s office.
Other documentationIn other circumstances, you may be able to provide other documents to help you prove the necessity of your absence.

Sample marriage certificate

Duration of family leave

The Labor Code of our country states that if an employee wants to use vacation to resolve family issues, then up to 5 days are allotted for this. During this period, you can act as you wish:

  • take only one day;
  • immediately use up all five days, etc.

However, if the employer deems it necessary, he may provide a longer period to settle the home situation. In any case, no matter what the parties to the agreement decide on, the period must be indicated in the application for vacation.

Special categories of employees included in preferential groups can count on significant periods of leave considered by us:

  • working pensioners can rest another 14 days a year;
  • family members of military officials who were injured during the performance of their professional duties or who died altogether can also count on two weeks of leave;
  • persons with disabilities who continue to work can count on 60 additional days of rest;
  • Parents of children under three years of age can take time off by agreeing on the duration with management.

Labor Code of the Russian Federation Article 128. Leave without pay

Can leave be denied?

As we have already said, granting leave for family reasons is the right of your superiors, not an obligation, so when you submit your application, you may receive something that you did not expect - a refusal.

It is possible in all situations when the reasons for which you are asking for time to rest are not included in the list of situations defined by the Labor Code of the Russian Federation when providing it is mandatory.

Sometimes your boss may deny you leave. In some cases it is legal, in others it is not. Everything is decided individually

If even in this case the leave is not approved, proceed as follows.

  1. Submit your application for leave without pay in an official manner, that is, in the form of a registered incoming document. This is usually done, however, many employees take risks by refusing to register and carry out the procedure retroactively, which subsequently negatively affects its results.
  2. When officially submitting an application, management will be forced to give a refusal in writing. Wait for this paper and start acting.
  3. The third step consists, in fact, in the mentioned action, represented by writing a complaint to the inspectorate responsible for the protection of workers' rights. Attach a photocopy of:
      your application for leave;
  4. written refusal from superiors.
  5. Wait for the test result.

You can put the violating boss in his place by writing a statement to the labor inspectorate

Please note: the consequences of this complaint will be favorable for the employee in terms of the eventual receipt of leave, and at the same time unfavorable, since it will undermine good relations with management. Therefore, before writing such a complaint, contact management verbally, informing them that they are violating your rights in the field of labor law.

Vacation pay rules

The Labor Code states that leave arising due to the circumstances we have identified is not subject to payment, and therefore on days of rest you will also not receive wages.

According to the law, vacations of this type are not paid, however, if desired, the boss can establish such a column of expenses from the organization’s budget

However, in exceptional cases, employers undertake to pay for your time off. If this opportunity is initially voiced by the regulations of the organization in which you work, you can count on the provision of material support.

In this case, monetary compensation will be calculated in the same way as the amount of maintenance for annual leave is determined. It is necessary to calculate the average earnings of a particular employee for one day, and multiply the discovered amount by the number of days of upcoming rest.

In addition, the head of the company can stipulate in the organization’s rules the possibility of providing employees with:

  • gifts in cash or other equivalent for the birth of a child or wedding of an employee;
  • financial support in connection with the untimely death of a loved one;
  • partial compensation of expenses for medical services for a sick family member;
  • cash gifts to mothers of first-graders to purchase school supplies;
  • other types of financial assistance.

Family values ​​are protected by law, so you can get family leave

Phraseologism

in connection with is interesting (and difficult to understand) . This stable expression from the same noun with two prepositions in itself has the meaning of... a preposition of the instrumental case! Such morphological (in spelling) redundancy relative to semantic (in meaning) is very rare.

In relation to our case, it is important that prepositions, firstly, are unchangeable words. Secondly, they are transferred from line to line only as a whole. Therefore, in connection with, it is correctly written separately, and there are no options for transferring it.

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