Day off on account of vacation: what does an employee need to know and how to correctly draw up an application?

Example of an application for time off at your own expense (without pay)

To the Director of Perspektiva LLC

Medvedev N. A.

From the Sales Director

Nikitina O. P.

Statement

I request a day off on June 3, 2021, without pay due to health reasons.

06/02/2020 Autograph of the applicant

Nikitina O. P.

Remember: you can get the appropriate medical certificate or sick leave from your doctor. After your planned time off, you can show them to your employer.

Citizens fill out such forms for very sad reasons:

To the director

LLC Megaalf"

Kuznetsova A.V.

Statement

on granting leave without pay

In connection with the death of Kiselev’s father, Maxim Andreevich, on February 15, 2020, I ask that you grant me unpaid leave of 5 (five) calendar days from January 15 to January 19, 2020.

Filchenko/ Filchenko Yu.M 02/15/2020

How to submit an application?

The employee fills out the application in his own hand, on a prepared form or on a blank sheet of paper. If free form is selected, you can compose the document manually or print it on a printer. While sticking to the structure.

In the header you need to indicate:

• to whom the document is sent (full name of the director);
• by whom it is submitted (full name of the employee indicating the position and department).

In the main part, you need to indicate the basis for the time off - the Labor Code article and family circumstances.

The article of the code states:

• 152nd, if time off is due for overtime work performed;
• 153rd for working on a holiday or legal day off;
• 186th for donation;
• 125th for the part of the next vacation not taken off;
• 301st for overtime on shift.

In the petition part, you must indicate a specific day of leave. The application must be dated and signed personally.

A sample application for leave for family reasons can be downloaded here.

Calculate old age pension - do it with us!

In what cases can an employee be deprived of a bonus? Read more about this in our article.

Remuneration for shift work is a complex issue. You can study it in detail here.

Sample application for time off for future vacation

General Director of Zvezda LLC

Terentyev M. A.

From the head of the AHO

Petrova E. A.

Statement

I ask you to provide the days off on May 24 and 25, 2021 as vacation time.

05/22/2020 Applicant's autograph

Petrova E. A.

Such an application is usually completed by working citizens. It is somewhat different from other statements. When compiling it, the employee should take into account the following simple requirements.

The application can be submitted in two ways:

1. In advance at the expense of vacation days, but the person must work this day off.
2. Due to vacation days already available, but not used by the person.

Remember: when applying for leave, a citizen receives monetary compensation. But if they were given leave without pay, then they should not expect money.

Procedure for granting and registering time off

If an employee takes a day off not at his own expense, but as part of a future vacation, then the procedure for registering and paying for it will be similar to vacation days.

In order to receive a paid day off, an employee will need:

• verbally agree on this possibility with management;
• if you receive prior approval from your superiors, prepare an application according to the existing template;
• submit an application to management for official approval of a day of rest.

After the document is accepted and endorsed by the authorities, then the official registration of the day off granted to the employee follows:

1. An order is issued to provide days off.
2. Accounting staff calculate vacation pay . It is calculated according to the same principle as the main vacation payment: the average daily earnings are multiplied by the number of days off provided. Personal income tax is deducted from this amount. Payment for a day off towards future vacation must be made no later than three days before the start of the vacation.
3. The HR department makes the necessary adjustments to the approved vacation schedule , information about the provision of days off is recorded in the employee’s personal card.

Since the procedure for granting time off requires appropriate documentation from the accounting department and the human resources department, the employee must submit the application to the manager no later than 5 days before the desired start date of the vacation.

How to write an application for time off from work?

There is not a word in the Labor Code of the Russian Federation about what “time off” is.

Overall, this is a vacation:

• without paying the person monetary compensation;
• provided to a person for those days that he previously spent overtime at work;
• provided to a person at the expense of days that, according to the law, will be considered vacation leave for him in the future.

Remember: before filing an application, you must discuss all the nuances with your employer and resolve all problems in a civilized way.

There is no specific form for completing the application. It is drawn up by hand or typed on a computer. It is drawn up in any form.

But it must contain:

1. Full name of the person to whom this application is intended.
2. Full name and position of the person preparing this application.
3. Title of the paper.
4. Text with a request from the constituent person. The reason for the application and the expected date of leave must be indicated.
5. Date of preparation of the paper.
6. Signature of the person applying, transcript of the signature.

Documents that show the employee’s need for this leave must be attached to the completed document. This could be a copy of a marriage certificate, the birth of a child, or the death of a close relative.

Remember: the form must have the signature of the manager. Without it, the application is considered invalid.

After the document is signed by the manager, the company issues an appropriate order according to which the person is granted time off.

At the beginning:

• The head of the unit or other authorized person draws up and prints out the order.
• The head of the company or another person authorized by him signs the completed document.

Remember: if only, for example, the shift manager signed a document, then it does not carry any semantic meaning.

• The applicant examines the signed order and signs the relevant document.

Remember: if an employee goes on vacation before drawing up an order in the organization, this will be considered absenteeism.

Additional days off for vacation

To receive several days of additional rest towards future paid annual leave, it is necessary to split this leave into several parts. Employers are not always willing to do this, as it makes adjustments to the vacations of other employees.

Time off towards future vacation can be presented in two forms:

• paid, in accordance with the rules for paying vacations.;
• unpaid. That is, the management and the employee agree that now the employee will rest for a few days, and when the time for annual leave comes, he will work these days, that is, he will either leave later or leave early. Such time off, as a rule, is not issued. There is only a verbal agreement between the parties.

But in the latter case, there are negative sides, and you should not forget about them. This:

• accident. For example, an employee went to work a few days early and had an accident at work. The management will be held accountable for the reason that the worker should have been on annual leave and not at work;
• employer dishonesty. The worker should be at work, but he is not. In fact, this is absenteeism and grounds for dismissal. An employer can take advantage of this if they want to get rid of a boring employee.

To avoid such situations, there are 2 ways out:

• The employee agrees with the administration about his desire to rest for a few days. Coordination occurs by submitting the appropriate application and issuing the appropriate order. At the application, the head of the structural unit must leave his resolution;
• when drawing up the vacation schedule for the next year, the employee may ask to make adjustments, since he will take one or more days during the year. These periods will be entered into the schedule as one-day vacations.

If we proceed according to the last scenario, the employer will be obliged to provide leave to the employee (regardless of one day or several). Registration must take place in accordance with the vacation registration. The employee must receive vacation pay within three days.

Those employees who can use their annual leave at a time convenient for them have the right to receive one or more days towards future vacation without any problems. These include:

• pregnant women;
• husbands if their wife is on maternity leave.

What to do if you don’t give time off at work?

According to the law, a citizen has the right to receive vacation at the time he wishes. But if an employee’s absence from work can negatively affect the entire production process, then the company may not give him time off.

The employer's decision is also influenced by:

• previously planned vacation period;
• short work experience of the employee;
• the employee is on probation;
• frequent registration by the employee of additional leave, time off, and sick leave;
• systematic violation of labor discipline by an employee;
• the attitude of the team towards this employee, his reputation, qualifications.

Remember: there are situations when a company cannot refuse to give an employee a vacation.

This happens if a person:

• was present at work outside of his working hours, this processing is recorded in the appropriate form;
• was on duty on a day considered by law to be a day off or a holiday;
• I recently donated blood. Moreover, he is given time off precisely on the day of blood donation;
• takes time off without paying him due to family problems. Such an occasion could be a wedding celebration, the birth of a baby, or the death of a relative. Moreover, a person is given vacation for 5 days, but he is not paid for these days.

Remember: from January 1, 2019, an employee of any organization can take time off and spend it on undergoing a medical examination.

He will also need to fill out an application. Time off is granted for 1 day and only once every 3 years.

Citizens of pre-retirement and retirement age are given a 2-day leave also once a year.

But in order for the company to actually provide the employee with the time off he planned, he should influence the current situation in advance.

He needs:

1. Agree in advance with a colleague who will work the hours he will be at home. Very often, employers do not give a citizen time off only because there is no one to replace him at the workplace, during working hours.
2. Get all or most of your work done.
3. Agree with your superiors that the employee will quickly complete his work after he returns from his planned vacation.
4. Obtain from a doctor a sick leave certificate or other certificate indicating that the employee was at home due to the illness of his minor child or other serious family circumstances. You should inform your employer about the current situation in advance.

How long can leave be granted?

The period of unpaid leave can be any, but within the limits of the number of days of the employee’s next vacation. As a general rule, the duration of annual leave is 28 calendar days. But there are categories of workers who have the right to extended leave.

Such employees include:

• those employees whose working conditions were found to be harmful or dangerous. After the certification, the employer receives a certificate stating that some workplaces belong to the 2nd, 3rd and 4th hazard groups. Employees who work in such conditions are entitled to at least 7 additional days of paid leave per year;
• those employees who have a special nature of work. For example, general practitioners are entitled to 3 additional paid days off. The exact list of professions, as well as the minimum duration of additional leave, are prescribed in the relevant Resolutions of the Government of the Russian Federation;
• employees who have irregular working hours can legally rest 3 days more than other employees;
• citizens working in the Far North or in areas that have a similar status. They have the right to additional leave lasting 8 – 24 calendar days;
• other employees, at the discretion of the employer.

An employee has the right to leave after he has worked for six months. He has the right to use all 28 days immediately, but in advance. The employer has no right to refuse him. If the parties agree among themselves, then leave can be given before the expiration of the six-month period. In the same way, the employee may be allocated several days to rest towards future vacation.

If an employee has several days of vacation that he did not use in the previous period, then he also has the right to take them at any time convenient for him. But for this you also need to write a statement. Only the wording needs to be changed a little. In the “body” of the application you need to state the request “I ask you to provide the unused part of the annual leave for ____ year.” It is necessary to indicate the year for which the employee has several days left.

Payment for additional days for rest, which are taken towards future vacation, is made in the same way as payment for the vacation itself. That is, the average daily earnings are calculated and then multiplied by the number of days the employee takes.

But since the vacation is divided into parts, the average employee’s earnings in one month may differ from the same indicator in another month. Therefore, each time a part of the vacation is granted, a recalculation must be made.

Thus, a worker must take one day towards future vacation 14 times a year. That is, one part of the vacation cannot be less than 14 days, and he can split the rest as he pleases. If he decides to take 1 day at a time, he can do this 14 times during the year.

Let's summarize

There is no need to be afraid that the employer will not sign the application for time off. It is important that the citizen warns him in advance, explains the whole situation, gives compelling arguments, helps him understand the current situation, then there will be no problems with submitting an application, considering it, receiving money, and relations in the work team will not be damaged.

Autobiography (sample, example, form - template) Characteristics for a child in kindergarten from the teacher, sample Receipt: deposit (advance) for receiving funds (sample) Receipt in the form of a deposit for a garage between individuals, sample Deposit (advance) for receiving money for a car (automobile), sample Example of a receipt for receiving a deposit for a house (dacha) and land

Types of vacations at your own expense

To apply for an additional free break, Art. 128 of the Labor Code of the Russian Federation provides for a valid reason related to family circumstances.

These reasons include:

1. Illness of a relative. Usually this is the first or second degree of relationship - parents, children, grandparents, but, under certain circumstances, may include brothers and sisters.
2. Birth of a child. This includes happy fathers of a family whose families have a new addition.
3. Domestic home problems. A break in a water supply or gas pipeline, flooding an apartment with water from the top floor, the need to resolve any other urgent household issues, divorce, establishing custody of a child, division of property, and others like that.
4. Death of a loved one. The full list of persons to whom this right applies is usually specified in the company’s collective agreement. It may be wider than provided by law.
5. Family troubles. The need to take the child to the clinic, to stay with him at home due to quarantine in kindergarten, school (junior grades), vacation periods, personal preparation for passing the exam, diploma (outside the time allotted by law).
6. Getting married. Such an event simply will not happen if one of the parties does not show up. Therefore, here it is not a right, but an obligation of the employer to satisfy such a request.

The application is written in the name of the employer. Indicated from whom. The application form contains information about the provision of free holidays. There must be a clear period and reason. The document is dated and signed by the petitioner.

Remember, the wording “family circumstances” has a fairly wide list of reasons to which it can be applied. The main thing is that this is a valid fact that can be documented in the future.

When can you ask for time off?

In theory, an employee can request time off at any time. However, its provision must be agreed upon with the employer and implemented exclusively with his approval. Time off is a period of rest during a period of time when it is not provided for by the work schedule.

There are several types of extraordinary leaves without pay:

• for family reasons;
• for previously worked time or work on a day off;
• for donation;
• for hard work as an incentive, etc.

If it is necessary to receive a day off for family reasons, the employee has the right to ask the employer to provide it at any time. If there are no objections, an additional day of rest will be allocated.

However, there are grounds under which management does not have the right to refuse to grant time off:

• death of a close relative;
• marriage;
• birth of a child.

In the above cases, up to 5 working days of compensatory leave are allowed. At such a moment, management’s refusal to provide them is illegal.

Expert opinion

Irina Vasilyeva

Civil law expert

If management refuses to provide leave without pay on the specified grounds, the employee has the right to protect his interests and file a complaint with the labor inspectorate. However, it is advisable to solve the problem peacefully and agree on a day off.

Is it possible to take it under the Labor Code of the Russian Federation?

Article 128 of the Labor Code specifies the reasons when an employee can take leave without pay. This is the correct name for the time off that an employee so often requests.

According to the designated article, the right to days off is available for the following reasons:

• family circumstances and valid reasons - duration is determined by agreement with management;
• pensioners who continue to work – up to 14 days a year;
• WWII participants – up to 35 days a year;
• disabled people – up to 60 days a year;
• upon the birth of a child, marriage or death of a relative – up to 5 days for each case;
• parents, spouse of a deceased serviceman, police officer, customs, fire, criminal-executive service - up to 14 days a year.

As you can see from this list, one of the reasons for providing time off is family circumstances. However, this is possible only in agreement with management.

If other cases are mandatory for the requirement of days off, then family circumstances, regardless of their seriousness and respect, are not a reason for the mandatory granting of a request for time off.

Whether the manager will provide time off to the applicant depends on the stated reason, the degree to which it is valid and its importance in the opinion of management. It is he who ultimately makes the decision on how to organize the weekend.

Which reason is better to indicate?

Family circumstances are a fairly popular reason that an employee indicates in his application. Moreover, this formulation refers to a wide range of grounds related to the personal life of the employee or members of his family.

Labor legislation does not contain a list of valid reasons that may fall under the category of family circumstances, therefore each case is considered individually through negotiations between the employee and the employer.

To increase the chances of receiving time off, the employee should write as detailed and valid a reason as possible, for example:

• illness or serious condition due to various physical or emotional reasons;
• the need to care for a sick family member (perhaps in this case you can issue sick leave and receive payment for it);
• fire, flood or other natural disaster;
• the need to provide assistance to a relative in trouble;
• the need to travel to another locality;
• preparation for entering educational institutions (perhaps you can take out a study leave);
• placement of a child in kindergarten, school or graduation from them;
• other family reasons.

Is it possible to leave without a reason?

Yes, you can go on unpaid leave without a reason, but only with the consent of the manager.

You can simply indicate in the application the wording “family circumstances” without disclosing it. If the employer grants the request, the time off will be issued.

If approval is not received, then the worker is obliged to go to work so as not to be fired for absenteeism.