In what cases can you ask for time off?
An application for time off for a few hours or on account of time worked is drawn up by company employees to resolve urgent matters. When it comes to a document of this type, the circumstances are taken into account. You can legally get time off:
- on account of vacation;
- at your own expense;
- for processing that was not paid for.
Most often, it is not possible to document processing. The first two cases are quite common in labor practice, and activities related to such document flow are entirely the responsibility of the HR and accounting departments. They also provide a sample application for time off for a few hours.
ZUP Vacation at your own expense for a few hours
ITell me, is it possible to spend a Vacation at your own expense not in a whole day, but in a few hours?
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Legislation and Labor Code
Since there is no punishment in the Labor Code of the Russian Federation for absenteeism if it lasts less than 4 hours, administrative responsibility arises only in cases where a person urgently needs to leave the workplace for the whole working day. There is no such thing as taking a few hours off.
There is only a short-term form of leave on account of working time, but it will need to be worked out or it has already been worked out in advance.
If we talk about using vacation, then the application is written for days at your own request on account of the general vacation. This is a permissible measure, especially for employees of the Ministry of Internal Affairs, who are not allowed to divide their entire rest into several periods. This trick only helps when you need one week out of four or five full.
If you only need to take one to three hours, then it is better to write an application for time off for several hours to account for overtime or with a transfer of work. It’s just difficult to take a free day for rest at your own expense without working, because anyone who simply doesn’t want to get up early today or work the night shift can do this.
Structural design of the application
The application is written in any form on a standard white A4 sheet.
In their structure, applications for leave at your own expense do not differ from applications for planned leave. The document has three parts:
- Header (top right corner):
- in whose name the application is written - the position of the manager, his surname and initials;
- Business name;
- from whom the application is submitted - last name, first name and patronymic, position, unit in which the person works (workshop, site, department).
- Content:
- request for leave without pay;
- cause;
- if any, an indication of the legal basis on which the leave should be given;
- duration of leave, start and end dates.
- Signature of the applicant and date.
When applying for leave without pay, you can refer to the relevant clause of the employment contract
Minimum short-term leave
They also give you a vacation at your own expense, which means at least a week.
The Labor Code of the Russian Federation has the concept of time off, which is described in Article 153. It specifies cases when an employee can take leave, as well as the conditions for receiving it. You must fill out the required form provided by the HR employee. The registration rules can be found in the sample application for time off for a few hours.
The law also provides for an indication of the reasons and incentives for taking unreasonable (unplanned) leave.
What to do if you refuse
There are cases when time off is mandatory. This:
- When it is given as compensation for overtime or for working on a day off.
- Donors for blood donation.
- For Wedding.
- For ritual events.
If you are refused in one of these cases, you have the opportunity to appeal the management’s decision, but this will not affect the time off for several hours of the current day. When registering at your own expense, the decision is made only by the administration, and everything depends on the goodwill of management. A positive decision in this case may be influenced by:
- Willingness to stay late and make up missed hours.
- Completing the required amount of work, despite receiving time off.
- Agreement with colleagues about substitution during absence.
The video below will tell you about the reasons for taking time off:
Time off is like a vacation
Referring to Art. 153 of the Labor Code of the Russian Federation, an employee can take one day off per working week at the expense of previously worked hours or days. And if a person only needs a day or a few hours off to get things done, he should rely on Art. 106-107 Labor Code of the Russian Federation. It says that on account of annual leave, an employee can take paid hours of rest, or receive unpaid time off. But this article often turns into problems, since it is too inconvenient to reflect working time on a timesheet for several hours or days.
Application for leave for half a day
The document containing the employee’s request to have half a working day at his disposal does not have an established form, because such time off is not provided for by law. But at enterprises, filing such applications is practiced and the document is drawn up in free form.
The paper must include information about the manager of the organization and information about the employee drawing up the document. The text of the application should indicate the date and time for which time off is taken, the reason for such a need and the grounds for providing free time. The grounds may be previously worked hours, time on account of established vacation, and time off without pay for service for family reasons or other circumstances. It is necessary to indicate the date of drawing up the application and certify the writing of the document with the signature of the employee.
Legality of taking unpaid overtime days or hours
A person, on the basis of Article 128 of the Labor Code of the Russian Federation, can be given as many hours or days as he needs to resolve personal matters, such as:
- funeral;
- wedding;
- birth of a child;
- urgent assistance to a relative;
- family circumstances.
Also, the period of absence of an employee from the workplace is determined by agreement with management. Also, the Labor Code and usually the contract state that a company employee has the right to leave for family reasons, and during this period he cannot be called back to work, nor can he be fired. You can substantiate the reason by contacting personnel or management. In this case, a memo is drawn up for a leave of absence for several hours.
In what cases and to whom is it provided?
But in the above articles of the code the concept of time off is not used. It could be:
- Additional time for rest or compensation for overtime.
- Or unpaid (without pay) leave.
And in some companies, it is a rule to indicate the reason for providing it in the application submitted for consideration. The following circumstances may be considered valid:
- Visiting a doctor in person, or as an accompanying person, for example, a child.
- Formation of emergency or other non-standard situations at the address of residence.
- The need to visit various public places to resolve judicial, administrative or other problems.
- All kinds of family circumstances.
Every company employee can obtain permission to leave work for a limited period of time. Here a lot depends on the degree of his workload and on the position of the management.
But some categories cannot be refused legally. These people have priority rights to time off:
Application for a day off
If you do not know how to correctly write an application for time off for several hours, you should take a sample in advance from the HR department, since it can be modified and look different in each specific organization. Prepare certificates and a medical report if this will help convince your superiors of the need for your intention.
Sometimes it is necessary to take several hours for the initial examination in order to undergo diagnostics and find out the diagnosis. The employer should be warned about maintaining a place during the vacation period, so as not to lose his job upon leaving it.
It happens that time off is prolonged, turns into sick leave, then into forced long-term treatment, and then into maternity leave, etc. In such cases, no one is fired, salaries are not paid, but social contributions and health insurance are deducted, which is no longer profitable for the company.
Therefore, you need to know in advance what exactly you want to get, what type of vacation and what article you are referring to. This will determine whether you will be paid, retained, or given other benefits, such as part-time work to allow you to return to work early because you are feeling unwell.
Providing leave without pay at the initiative of the employer
As noted, an employer cannot force unpaid leave without good reason. In this case, the employee can contact the appropriate authority - the labor inspectorate (LIT).
In accordance with the Code of Administrative Offenses of the Russian Federation, such a violation threatens individual entrepreneurs and officials with a fine:
- from 1000 to 5000 rub. — for individual entrepreneurs;
- from 30,000 to 50,000 rub. — for organizations (as you can see, the fines are impressively higher).
However, there are good reasons when an employer can send on a type of leave. This happens when he can no longer fully fulfill his obligations to employees or it becomes economically unprofitable. The employer may be exempt from paying wages, but is obliged to pay maintenance to all employees who are forced to take such leave. For example, in a downtime situation, payment will be at least 2/3 of the salary or average earnings for the entire “vacation” period.
Features of drawing up statements
If you don’t know how to write a leave of absence for several hours, write it in any form. It does not have template forms and is most often written in free form. It is possible to fill out an application on the basis of a leave of absence for several hours, which is provided by a personnel employee upon the verbal request of the employee.
- The “header” of the application is filled out, indicating the positions, names and surnames of both parties.
- The reason is described.
- The date starting from the moment of absence and the period required for solving personal problems are indicated.
- The application should include official data, which it is advisable to confirm with documents or certificates.
- Time off can be considered completed as soon as the application is signed by management.
If the document is not accepted for registration by the HR specialist, any departure from work will be considered absenteeism, which will result in dismissal under the article. If the document is signed even at the end of the working day, this day is considered the first day included in the vacation period.
An employer may refuse short-term leave if the company does not have enough staff, there is too much work, and employment does not imply extraordinary leaves. Also, the application should be written three to five days in advance, since leaving on the day the application is written threatens immediate dismissal without the obligation to work. Therefore, these points should be taken into account, especially if the vacation is urgently needed.
Regulatory regulation
This kind of time off can be compensated in several ways:
- On account of the additional day off available to the employee for overtime or going on a non-working day in the previous period.
- At your own expense.
- And at your own expense, but with the subsequent completion of time missed at work.
In all cases, this procedure cannot but be reflected in legislative documents, that is, in the articles of the Labor Code. Namely:
- Article 153 , when receiving time off for early work.
- Article 128 , which establishes the possibility and reasons for providing the opportunity to leave work at one’s own expense.
Examples of statements under different circumstances
When writing requests for time off for special circumstances, you should consider the wording. For example, how to write a leave of absence for several hours if you need to take your child to the clinic? Please indicate specific circumstances. For example, write: “Please allow me four hours from 08:00 to visit a pediatrician (full name) at a medical institution (indicate the clinic number).
The need to place a relative in the hospital, bring things, or leave to give testimony or examination is the basis for which time off is required. Depending on the complexity of the situation, documents are attached when re-writing the application.
For example, a child has an accident, the mother urgently leaves work. The management accommodated and released the employee for a few hours. The next day, the woman asks for three days off without pay to visit the child. At the same time, she provides an extract from the hospital where the child is actually staying, and writes the following statement: “I ask that you allow me to leave my workplace on April 28 for three hours from 11:00 to 14:00 in connection with a visit to the medical institution where treatment is taking place.” my young child (full name)."
Provided that time off can be taken in advance, for example to repair the heating system, it should indicate strong and convincing reasons. However, this will not be included in the vacation bill, since it is not a reason or a necessary measure, and unplanned vacation is most often not included in the total number of paid days. Of course, relations with management should also be taken into account - many do not cooperate on principle, not wanting to put themselves in the position of an employee.
Below is an example of how to write an application for time off for a few hours:
“I ask you to provide me with an additional day of rest on June 13, 2013 for work on a holiday on May 1, 2013, which was not paid at a double rate, and therefore I believe that I am entitled to time off.”
In what cases can you take time off and in what form should the application be written?
An application for time off is drawn up by company employees to receive extraordinary leave to resolve urgent matters.
When it comes to a document of this type, the circumstances are taken into account: you can legally receive time off on account of vacation, at your own expense, or for overtime that has not been paid. Most often, the latter is not taken into account because it cannot be documented.
The first cases are quite common in labor practice, and activities related to such document flow are entirely assigned to the personnel department and accounting department.
Since there is no punishment in the Labor Code of the Russian Federation for absenteeism if it lasts less than 4 hours, administrative responsibility arises only in cases where a person urgently needs to leave the workplace for the whole working day.
There is no such thing as time off. There is only a short-term form of leave on account of working time, but it will need to be worked out or this time must be overworked.
If we talk about days on account of vacation, then the application is written for leave of one’s own free will on account of the general vacation. This is a permissible measure, especially for employees of the Ministry of Internal Affairs, who are not allowed to divide their entire vacation into several. This trick only helps when you need a week out of four or five.
If you only need to take 1-3 days, then it is better to write an application for a day off on account of overtime or with the transfer of work.
It’s difficult to just take a free day for rest at your own expense, without working time, because anyone who simply doesn’t want to get up early today or work the night shift can do this.
They also give you vacation at your own expense, which means at least a week.
The Labor Code of the Russian Federation has a similar concept to time off, which is described in Article 153. It specifies cases when an employee can take leave, as well as the conditions for receiving it.
Referring to Art. 153 of the Labor Code of the Russian Federation, an employee can take one day off per working week at the expense of previously worked hours or days. And if a person only needs a day or a few hours to cope with business, it is worth relying on Art. Art. 106, 107 Labor Code of the Russian Federation.
It says that on account of annual leave, an employee can take paid hours of rest or receive unpaid time off. But this article often flows into another, since it is too inconvenient to reflect the employee’s content for several hours or days.
A person, on the basis of Article 128 of the Labor Code of the Russian Federation, can be given as many hours or days as he needs to resolve personal affairs:
- funeral;
- wedding;
- birth of a child;
- urgent assistance to a relative;
- for family reasons.
Also, the period of absence of an employee from the workplace is determined by agreement with the management, but they cannot give less than 3 days at their own expense.
Also, the Labor Code and even the contract say that any employee of any company has the right to three days leave for family reasons, and during this period he cannot be called to work, nor can he be fired.
Compiling an application for a day off
If an employee does not know how to correctly write an application for time off, it is worth deciding in advance for himself exactly what the vacation is for and whether the person in need can provide certificates or medical reports. Sometimes this is necessary for an initial examination in order to undergo diagnostics and find out the diagnosis.
The employer can be asked to retain the position during the vacation period so as not to lose his job upon leaving it.
It happens that time off is prolonged, turns into sick leave, then forced treatment - and this is a six-month vacation, then maternity leave, etc.
In such cases, no one is fired, no salary is paid, but social contributions and health insurance are paid, which is no longer profitable for the company.
Therefore, you need to know in advance what exactly the employee wants to receive: what type of leave and which article to refer to. This determines whether money will be paid, a job will be retained, or other benefits will be given, for example, part-time work due to early return to work due to poor health.
Each application for time off does not have template forms, but is drawn up in standard free form, and the sample is provided by the HR department upon the employee’s verbal request.
The petition is written roughly like this:
- The “header” of the letter is filled in, where the addresses and names of both parties are indicated.
- The reason for the leave is indicated.
- The date is written, starting from the moment of absence, and the period of time required to resolve non-working issues.
- The application should indicate only official data and it is advisable to confirm this with documents and certificates, if possible.
- The leave can be considered valid as soon as the application is signed.
If the document is not accepted, any departure from work will be considered absenteeism, which will result in dismissal under the article. An employer may refuse short-term leave if the company does not have enough staff, there is too much work, and employment does not imply extraordinary leaves.
Also, the application should be written 3-5 days in advance, since leaving on the day the application is written is an urgent dismissal without the obligation to work off. Therefore, these points should be taken into account, especially if leave is urgently needed due to, for example, finding a donor for a child (if one of the parents continues to work while waiting).
Examples of statements under different circumstances
When writing requests for time off for special circumstances, you should consider the wording.
For example, to get several hours to visit a clinic in connection with the illness of a child, relative, animal (veterinary medicine), you need to write specifics:
- Please give me 4 hours before noon to visit the pediatrician, full name, number of the medical institution.
- If it is necessary to place a relative in the hospital, bring things, or go for a testimony or examination, please allow 1-3 days.
Depending on the complexity of the situation, documents are attached when re-writing the application.
For example, a child has an accident, the mother urgently leaves work. The management accommodated and released the employee for a few hours. The next day, the woman asks for 3 days off without pay to visit the child. At the same time, she provides an extract from the hospital where the child is actually located.
Provided that time off can be taken in advance, for example, to repair the heating system, it should indicate compelling and convincing reasons. However, this will not be included in the vacation count, since the grounds are “waiting”, and forced measures, and not planned vacation, most often are not included in the total number of paid days.
Of course, relations with management should also be taken into account - many do not cooperate on principle, not wanting to put themselves in the position of an employee.
Weekends towards vacation
When you don’t want to lose money, but you need to take a weekend, you can use a convenient formulation: “provide two calendar days for paid vacation from _____ to _____.” In this case, the employer will not be able to refuse, even if the following days are holidays.
However, here too a formality must be observed:
- the balance of all unused vacation must be at least 14 days excluding weekends minus two days requested;
- You need to fill out the application 3-4 days in advance so that the manager has time to start deductions.
Before taking time off from work on vacation, you need to receive money, and the remaining salary in excess is issued at the end of the next month.
Additionally, many employees take days off or vacation days on working days of the week for the hours they work. This is strictly stated in Art. 113 Labor Code of the Russian Federation. If they were not paid, but recorded, for example, in the log of the time employees arrived and left the workplace, the employee must be compensated for overtime in the form of additional pay or a day off.
In this case, you must refer to the individual agreement. It may stipulate special employment, implying not a 40-hour week, but also an appropriate salary. Working on a day off is prohibited, so the employer is obliged to provide people with days off.
According to Article 153 of the Labor Code of the Russian Federation, an employee has the right to receive double pay for work on a day off or time off with payment at a single tariff rate. It turns out that there will be payment in any case, but time off is not always given, paying twice as much for employment.
If a company has an official holiday scheduled for February 23 or March 8, as is usually the case, but employees are told to work the day on Saturday, the work is paid at a single rate. Time off on holidays is provided by government regulation and all benefits are retained.
But according to Article 152 of the Labor Code of the Russian Federation, a person can choose whether to receive monetary compensation for overtime (not to be confused with previously worked time) or to go on a day off not as planned. At the same time, it should be exactly as many hours as he worked per day. The total amount is calculated during the week, the rest is the working out of the previous reporting month.
Family circumstances
Some employees believe that they are required to provide leave at the expense of the employer if they have special family circumstances.
The Labor Code says something completely different.
- Time off is provided for the birth of a child, marriage, or death of close relatives.
- Vacation can only be taken for 5 days according to the law.
- Family leave is not paid unless it is included in the annual bill.
There is a small nuance: if an employee tries to deceive the employer, for example, take 3 days off for a wedding, but include it in the vacation and receive money, then when changing documents, a mismatch will be revealed.
On the other hand, unpaid leave for family reasons is prescribed only by law, and, as a rule, the employee is obliged to register it so that there are no problems with documents later.
If a person indicates in the application “family circumstance” something else that is not provided for by law, he may be given time off for up to 5 days. For example, forced accompaniment of a husband to the hospital, caring for a sick person, etc.
In this case, a person must work for at least 6 months in this job if he:
- Is not in position.
- Does not care for the child until he reaches 3-4 years of age.
Women can be given time off or paid days off towards vacation, even if they do not have six months of work experience.
This is due to the inevitable sick leave for children who go to kindergarten or are under the supervision of a nanny.
In the event of the death of a relative, leave granted for 5 days can be extended to 14 days without pay, if the circumstances of the death require it, a criminal case has been opened or an investigation is underway.
Guarantees in receiving time off
Every person has the right to time off if he belongs to the category of persons specified in the Labor Code of the Russian Federation. At the same time, the job and seniority are preserved.
Separately, there are several categories of citizens who can provide significant evidence to obtain time off without an application:
- Those who are donors and donate blood to those in need are given a day off on the day of blood donation.
- Donor certificate on a permanent basis - given no more than 3 days per year without payment.
- Persons who pass entrance and final exams have up to 14 days of vacation.
- Persons who work under a collective agreement.
- Minors, but over 16 years of age, who are hired for a period of work from 3 to 6 months.
The list is closed.
Certain categories of citizens have the right to receive a minimum of 5 days off if they:
- WWII participants, and the total vacation is 35 calendar days;
- working pensioners receive up to two weeks of leave;
- victims of a terrorist attack or relatives of deceased parents who are survived by minor children;
- working disabled people – vacation up to 60 days;
- injured military personnel - up to 2 weeks of leave per year;
- adult workers receiving second and subsequent education – time off for up to 15 days.
All these rights are strictly regulated in the Labor Code or in the employment contract.
If wages at the end of the month are not paid in the amount in which they are due, the employee has every right to file a lawsuit or petition the labor inspectorate, economic police and tax authorities to clarify the circumstances in order to receive wages and compensation for delayed payment.
In this case, the text is compiled in free form, where all the reasons for the appeal are indicated. Otherwise, if the employer refuses the legal grounds for issuing leave, he faces a fine and payment of moral compensation to the employee who was not granted time off.
An application for time off must be drawn up correctly, with the obligatory indication of the reasons why time off is needed.
Source: https://tvoeip.ru/kadry/proguly/zayavlenie-na-otgul
Weekends towards vacation
When you don’t want to lose money, but you need to take a weekend, you can use a convenient wording: “I ask you to provide two calendar days for paid leave from 10/05/2018 to 10/06/2018.”
At the same time, the employer will not be able to refuse you, even if the following days are weekends. However, here too a formality must be observed:
- The balance of all unused leave must be at least 14 days excluding holidays, minus the two days requested.
- You need to fill out an application three to four days in advance so that personnel officers can issue an order.
If you don’t know how to write an application for time off for a few hours, ask a company employee responsible for calculating working hours or preparing time sheets for a sample.
In addition, many employees take several hours of compensatory time off on working days of the week for the days they work. This is strictly stated in Art. 113 Labor Code of the Russian Federation. If they were not paid, but recorded, for example, in the log of the time employees arrived and left the workplace, the employee must be compensated for overtime in the form of additional pay or a day off.
In this case, you must refer to the individual agreement. It may stipulate special employment, implying not a 40-hour week, but also an appropriate salary. Remember that working on a day off is prohibited, so the employer is obliged to provide people with days off. According to Article 153 of the Labor Code of the Russian Federation, an employee has the right to receive double pay for work on a day off, or time off with payment at a single tariff rate. It turns out that there will be payment in any case, but time off is not always given, compensating for work at a double rate.
Important! If a company has an official holiday scheduled for March 8 or February 23, as is usually the case, but employees are told to work the day on Saturday, the work is paid at a single rate. Time off on holidays is provided by government regulation and all benefits are retained. But according to Article 152 of the Labor Code of the Russian Federation, a person can choose whether to receive monetary compensation for overtime (not to be confused with previously worked time) or to go on a day off not as planned. At the same time, it should be exactly as many hours as he worked per day. The total amount is calculated over the course of a week.
Legal requirement to submit an application for administrative leave
The time a worker is present and absent from work is reflected in the working time sheet, where vacation is designated as a rest day. The legal basis for an employee to receive days off is an employment contract and an application for leave.
The application must be submitted:
- During the first vacation, while the employee is not on the planned vacation schedule.
- In the case of extraordinary leave, a type of which is leave without pay.
Unlike planned leave, when an application may not be processed, filing an application for administrative leave is a mandatory procedure. The only exception (under certain circumstances) is the CEO's vacation.
When the director is a hired employee or the enterprise he manages is subordinate to another organization, an application is required. It is submitted to a superior person, for example, the founder. An order is issued for the company based on the decision of the sole owner or the meeting of founders; it is signed by an authorized person. Such a procedure must be described in the company's articles of association. If the position of the director at the enterprise is the main one, and there is no higher authority, then an order is simply issued that the director is going on leave without pay.
It happens that an employee goes on vacation by so-called oral agreement. This poses a risk for both parties. An employer, for example, will not be able to prove that he released his subordinate not for a week, but for only three days. And vice versa, the employee has nothing to object to when his boss “forgets” about the verbal agreement and considers vacation days to be absenteeism.
Family circumstances
Some employees believe that they are required to provide leave at the expense of the employer if they have special family circumstances. The Labor Code says something completely different:
- Time off is provided for the birth of a child, marriage, or death of close relatives.
- Vacation can only be taken for 5 days according to the law.
- Family leave is not paid unless it is included in paid leave.
There is a small nuance: if an employee tries to deceive the employer, for example, take three days off for a wedding, but include it in the vacation and receive money, then later, when checking the documents, an overlay will be revealed. On the other hand, unpaid leave for family reasons is prescribed only by law, and, as a rule, the employee is obliged to register it so that there are no problems with documents later.
If a person indicates in his application that family circumstances are otherwise not provided for by law, he may be given time off for up to five days. For example, forced accompaniment of a husband to the hospital, caring for a sick person, etc. In this case, a person must work for at least six months in this job if he:
- Is not in position.
- Does not care for a child until he reaches three years of age.
Women can be given hours of compensatory time or paid days off towards vacation, even if they do not have six months of work experience. This is due to the inevitable sick leave for children who go to kindergarten or are under the supervision of a nanny. In the event of the death of a relative, leave granted for five days can be extended to 14 days without pay, if the circumstances of the death require it, a criminal case has been opened or an investigation is underway.
Legislative regulation
Some categories of citizens can even take leave without pay. These include WWII participants, working retirees, spouses of military personnel or other persons. Here you will learn how to fill out an application for unpaid leave.
If any significant events occur in the employee’s life, they can additionally arrange a rest period for up to five days. Such events include the birth of a child, official marriage or death of a relative.
But the Labor Code does not contain accurate information about whether any type of vacation can be taken for just a couple of hours.
Taking leave without pay at the initiative of the employer - how legal is this? Watch in this video:
Rostrud specialists answer this question in the affirmative. This is due to the fact that the Labor Code does not contain information on the minimum duration of leave. By law, the rest period is provided in days, but according to Art. 128 of the Labor Code, the parties to the labor relationship can themselves agree on the duration of leave, taken without saving earnings.
Labor Code of the Russian Federation Article 128. Leave without pay
For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. The employer is obliged, on the basis of a written application from the employee, to provide leave without pay to: participants of the Great Patriotic War - up to 35 calendar days per year; for working old-age pensioners (by age) – up to 14 calendar days per year; parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury received while performing the duties of military service (service), or due to an illness associated with military service (service) - up to 14 calendar days per year; for working disabled people – up to 60 calendar days per year; employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days; in other cases provided for by this Code, other federal laws or a collective agreement.
Judicial practice on this issue
Practice shows that judges do not agree with the opinion of Rostrud, so if such cases are considered, then workers cannot win in court. This position is due to the fact that the law offers vacation in days, not hours. Here you will find out what the legal duration of additional leave for irregular working hours is.
Guarantees in receiving time off
Every person has the right to time off if he belongs to the category of persons specified in the Labor Code of the Russian Federation. At the same time, the job and seniority are preserved. Separately, there are several categories of citizens who can provide significant evidence to obtain time off without an application:
- Those who are donors and donate blood for those in need are given a day off on the day of blood donation.
- Donor certificate on a permanent basis - given no more than three days a year without payment.
- Persons who pass entrance and final exams – up to 14 days of vacation.
- Persons who work under a collective agreement.
- Minors but over 16 years of age who are hired for a period of employment of three to six months.
Certain categories of citizens have the right to receive time off from several hours to a minimum of five days if they:
- WWII participants whose total vacation is 35 calendar days;
- working pensioners receive up to two weeks of leave;
- victims of a terrorist attack or relatives of deceased parents who are survived by minor children;
- working disabled people – vacation up to 60 days;
- injured military personnel - up to two weeks of leave per year;
- adult workers receiving second and subsequent education – time off for up to 15 days.
All these rights are strictly regulated in the Labor Code or in the contract drawn up upon hiring. If an employer refuses the legal basis for issuing several hours or days of vacation, he faces a fine and payment of moral compensation to the person.
What it is
There is no concept of “time off” in labor law, so when writing an application there must be a request for an additional day of rest. As a rule, it is allocated through paid leave or leave provided at one's own expense, which is not paid. In both situations, in accordance with labor legislation, the employee has the opportunity to legally miss a day of work.
Time off is rest time that is provided to employees as compensation for overtime work.
If it is provided for the fact of going to work full time, then its duration does not matter. Time off is provided for the next two weeks. If an employee worked on a weekend or holiday, the work time is compensated for 10 days.
The legislative framework
In accordance with Article 153 of the Labor Code, an employee is given an additional day off for performing work outside the established working hours, that is, in excess of the time specified by labor standards. To exercise this right, he must write an application if he has time worked. By agreement of the parties, time off instead of a day off can be compensated in cash in double amount. Although Article 64 of the Labor Code provides for the provision of another day for rest.
Issues of compensation for time worked are regulated by Articles 88-89 of the Labor Code, which stipulates not only the provision of time off, but also the amount of payment for work performed. Article 89 states that compensation for overtime work cannot be provided by time off. If the parties have agreed in advance to grant time off, then the order or instruction on engaging the employee to perform work outside the established time shall indicate the time allotted for rest.
If an agreement on time off is reached between the employer and the employee, it can be added to the labor leave, which is provided annually according to the schedule.
The employer is obliged to provide leave without pay in accordance with Article 128 of the Labor Code at the request of the employee in cases provided for by law . In other cases, he has the right to refuse the employee’s request, regardless of the reasons that led to the need for release from work during working hours. Time off can be paid in accordance with labor law standards if the employee previously worked for some time.
One of these cases includes the provision of unpaid leave until:
- 35 days a year if the employee is a participant in hostilities;
- 5 working days for the birth of a child, the death of a close relative, for wedding celebrations;
- 60 days for a working disabled person, regardless of the reason;
- 14 days for a working pensioner;
- 14 days for an employee who is the husband, wife or parent of a military serviceman, if he died during hostilities as a result of a serious illness received during military service.
But the employee is granted the right to receive leave in accordance with Article 122 of the Labor Code after six months during which he continuously worked for the employer.
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How to properly take time off from work
If an employee needs to temporarily leave the workplace, he must ask management for time off. Be prepared for all possible options: the director has the right to both agree and refuse to provide time off. In any case, permission to be absent from work must be obtained directly from your supervisor. The employee takes the initiative and approaches his superiors.
The first option for requesting temporary absence is an application. It indicates the basis, expected date and time of absence. The manager reviews the request and makes a decision regarding the employee. A visa is stamped on the application, after which the personnel officer issues an order.
If the employee is involved in continuous production, then he will have to take longer time off. Management is reluctant to let go of those whose absence will affect the production process. In this case, agreements with other employees on replacement work. As a result, the employee receives time off, and production is carried out without downtime or deviations.
Donation makes it possible to receive two days off at the expense of the employer: one on the day of donation, the other at any time convenient for the donor (Article 186 of the Labor Code of the Russian Federation). If an employee wants to get two spare days off, then donation is not only a realistic, but also a useful way.
Main advice: if such a need arises, politely ask your boss for time off and cite valid reasons. The manager will not refuse an employee who is in good standing and who really needs to leave. And remember: employees who have worked in an institution for less than six months are not entitled to claim time off.
Reasons for absence from work
There are many reasons for not attending work. Often, employees take time off for personal reasons (visiting a doctor) or family circumstances (going to an event with children). Official approval of absence from the workplace is mandatory: you cannot simply leave work without asking for time off and obtaining permission. Unauthorized departure from the workplace is a serious violation of labor discipline (absenteeism).
If the reason for missing work is valid, problems with management are unlikely to arise. Here are some valid reasons:
- medical examination (personal or close relatives);
- emergencies, emergencies and unscheduled situations outside of work;
- employee participation in legal proceedings (as a plaintiff, defendant, witness, juror, listener);
- unexpected call from law enforcement agencies;
- other family circumstances.
All reasons for absence from work must be confirmed. It is advisable to provide an official document - an appointment with a doctor, a notification from executive bodies, an invitation to an event. When an employee has a valid reason and confirmation for missing even a few hours, the employer will release the employee, unless this interferes with the work process.
There are categories of employees who have the right to take time off from work at any time. The manager is obliged to freely release veterans of the Great Patriotic War, pensioners, disabled people, minor workers and pregnant employees. And one more nuance: if an employee worked overtime, on a day off or a holiday, he has the right to receive monetary compensation or official time off (Articles 152, 153 of the Labor Code of the Russian Federation).