List of additional days off on which the employee must be released

There has been a situation in everyone's life when, for some reason, he had to stay late at work: on his own initiative or at the request of his manager, or to go out on his day off. And although, by law, overtime must be paid, this does not always happen - in this case, every employee should be aware of his right to time off for previously worked time.

For your information

Time off is an opportunity to take an extra free day during the work week and spend it usefully: go on personal business or just relax with your family. Read more about this opportunity and how to apply it correctly in this article.

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

Who should not be involved in recycling?

Articles 97, 99 and 101 of the Labor Code of the Russian Federation give an idea of ​​the restrictions regarding involvement in processing. The following categories of workers cannot be involved in SR:

• Pregnant women.
• Minors.
• Persons combining work and study.

Some employees need to be informed, against signature, of their right to refuse management’s demands:

• Disabled people.
• Mothers of children under 3 years old.
• Single mothers and fathers.
• Guardians of minors.

The involvement of these employees in processing must necessarily be accompanied by obtaining written consent from them.

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.

conclusions

To summarize, we can highlight the main information:

• If certain situations arise that require a particular employee to work overtime, his or her written consent must be obtained.
• An employee who has worked overtime has the right to demand a cash equivalent or an additional day off.
• When writing an application, you must indicate the date, month and year in which the overtime work occurred. It is also worth noting the date of the desired time off. If possible, the application should be supported by administrative documents.

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.

Labor Code of the Russian Federation

Employees have the opportunity to take time off for previously worked time:

1. Who went to work on Saturday or Sunday.
2. Worked on official holidays.
3. We stayed late at work at the request of our manager. If the delay occurred on the initiative of the employee, the likelihood of realizing this opportunity is low.
4. Who worked on days that were days off for them at an enterprise with a 24-hour or daily operating schedule.

It is also worth remembering that in the Labor Code of the Russian Federation there is no such thing as time off. It is used only in colloquial speech, but is absent from the official and legal sides. Instead, the Labor Code of the Russian Federation has another concept - a day of rest. This is stated in Article 153 of the Labor Code of the Russian Federation.

For your information

A day of rest is more of a compromise solution. If a person goes to work on a non-working day, he is required to pay him. But, from the employer’s point of view, providing an additional free day is much simpler and more convenient - in this case, the working day and the day off for previously worked hours are simply swapped.

Article 153 talks about the standards of remuneration during non-working hours - every employee who decides to take so-called time off must be familiar with it.

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.

Deadlines

The Russian Labor Code does not say when a person should use time off for previously worked time - the choice is completely left to him. In fact, you can use it several months after unscheduled working hours or days.

The only exception to this can be the case if the deadlines for their provision are stipulated in the internal regulations of the company, with which the employee was familiarized with when hired, or to which he signed, if the regulations were updated during the work process.

The number of days or hours of leave is directly proportional to the number of days or hours during which the employee was present at the workplace.

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.

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Categories of “time off” workers

Everyone working at an enterprise or institution, regardless of their position, salary, or total working time, can apply for time off if there are specific labor discipline requirements.

Available to those who:

• went out to work on weekends and holidays;
• was involved in performing duties overtime, that is, outside the work schedule;
• went out at the request of the employer during his vacation, etc.;
• worked overtime on shift work;
• donated blood in specialized institutions.

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.”

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:

1. Time off is provided for the birth of a child, marriage, or death of close relatives.
2. Vacation can only be taken for 5 days according to the law.
3. 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:

1. Is not in position.
2. 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.

Possible reasons for denial of additional days off for overtime

The Labor Code of the Russian Federation requires additional payment for overtime work. Employers often deny employees any form of compensation on legal grounds, including additional payments.

An employee does not have the right to take time off without permission, even if overtime actually took place and was properly recorded in the working time sheet. The employee’s actions can be regarded as absenteeism with all the ensuing consequences, including dismissal.

Example 1: Determining the amount of time off for overtime hours worked

Danilova S.N. worked 80 hours overtime during her year of work at Vasilek LLC. The organization's working day is 8 hours. You need to calculate the number of days worked. They will be considered time off to which the employee is entitled.

For calculation, a standard formula is used: number of hours worked / 8. It turns out: 80 / 8 = 10. Therefore, Danilova S.N. has the right to take 10 days off for overtime or compensation for these days.

Procedure for obtaining additional days off for overtime

Providing time off for overtime must be formalized. This can only be done if there is an eight-hour overtime, but no less.

The procedure for obtaining additional days off for overtime for employees of the Ministry of Internal Affairs and military personnel of the Armed Forces is carried out similarly. Only the employees of these structures write not a statement, but a report on the provision of additional days off (compensation).