Life dictates different circumstances, which are not always combined with the work schedule and routine. If a person needs to be present for some time not at work, but in another place, the employer can help him by providing leave without pay, if this does not contradict the interests of the business. And sometimes the employer is simply obliged to let his ward go for a few days.
In the legislation, provisions on unpaid leave are found only in Art. 128 of the Labor Code of the Russian Federation, therefore, managers and lawyers have to deal with the intricacies, nuances and related documentation, regulating them with local acts.
When leave without pay is granted under the Labor Code of the Russian Federation
Leave without pay within the meaning of Art. 128 of the Labor Code of the Russian Federation is provided primarily in connection with the personal circumstances of the employee. Leave must be given in the following cases:
- birth of children;
- marriages;
- death of loved ones.
As for the employee’s other personal situations, the employer can give him leave himself if he deems it necessary.
In addition, the Labor Code of the Russian Federation provides for additional free time:
- for disabled workers;
- working pensioners;
- veterans.
Additional paid leave for working pensioners
Despite the fact that reaching retirement age presupposes the assignment of a pension, people often continue to work.
Many of them are wondering whether working pensioners are entitled to additional leave, because with age, health deteriorates and productivity decreases. The answer is contained in labor laws. In accordance with Part 2 of Art. 115 of the Labor Code of the Russian Federation, annual leave (the duration of which is 28 days) can be increased for certain categories of citizens, the list of which is determined by law. There are no pensioners as such on this list. Additional leave for working pensioners may be provided on a general basis, which includes:
- work in harmful or dangerous conditions (Article 117 of the Labor Code of the Russian Federation);
- performance of work under special conditions (Article 118 of the Labor Code of the Russian Federation);
- carrying out labor activities during irregular working hours (Article 119 of the Labor Code of the Russian Federation);
- work in the Far North (Article 116 of the Labor Code of the Russian Federation), etc.
See also “Rules for granting additional leave for hazardous working conditions.”
During the period of self-isolation, working pensioners 65 years of age and older were sent to quarantine. Such employees are issued sick leave, which is paid for from the Social Insurance Fund. To pay for such sick leave, the government has approved temporary rules.
ATTENTION! Temporary rules are valid until March 31, 2021. Even if the self-isolation regime in the region lasts longer, sick leave is issued for a period until March 31, 2021.
ConsultantPlus experts answered the most frequently asked questions related to payment and receipt of such sick leave. If you do not have access to the K+ system, get a trial online access for free.
Vacation periods that the employer is required to provide
These periods depend on the reasons for leave and are specified in the Labor Code of the Russian Federation or Federal Law.
The Labor Code of the Russian Federation provides for the following deadlines:
- from 5 to 60 calendar days - according to Art. 128 Labor Code of the Russian Federation;
- from 10 days to 4 months - according to Art. 173 and 174 (for unpaid study leave);
- the estimated number of days required to comply with the required main vacation time (for example, for an external part-time worker).
According to the Federal Law, the deadlines can be:
- tied to the performance of civic duties (for example, members of election commissions are granted leave during the election period);
- are specifically defined (for holders of relevant statuses and titles, for example Hero of Labor);
- established based on the estimated number of days required to comply with the Federal Law (for example, when a military man and his wife are on simultaneous leave).
Who can take vacation at their own expense
By law, any employee can request such leave if family circumstances require it or he has other valid reasons. Which factors are considered valid is not regulated by law, so management decides for itself whether to approve the request or not.
Letting you go without pay for a period of time is the right, not the obligation of the employer.
That is, there are no guarantees. True, there are categories of workers who cannot be refused. For them, the law also defines the maximum period for which they are guaranteed to be allowed to take vacation at their own expense. This:
- participants of the Great Patriotic War and other combat Federal Law of January 12, 1995 No. 5‑FZ Actions - up to 35 days a year;
- working age pensioners - up to 14 days;
- parents and spouses of military personnel, police officers, firefighters, customs officers, bailiffs and other similar employees, as well as those who died during or as a result of military service - up to 14 days;
- working disabled people - up to 60 days;
- any employees in the event of the birth of a child, marriage registration, death of close relatives - up to five days;
- working part-time, Article 286 of the Labor Code of the Russian Federation - for the duration of vacation at their main job, if it is longer there;
- spouses Federal Law of May 27, 1998 No. 76-FZ of military personnel - for the period of leave of the husband or wife;
- working students or applicants - from 10 Labor Code of the Russian Federation, article 174 days to four Labor Code of the Russian Federation, article 173 months, depending on the educational institution and stage of study;
- proxies of political parties and candidates in elections to the State Duma Federal Law dated February 22, 2014 No. 20-FZ and other elections Federal Law dated June 12, 2002 No. 67-FZ - for the duration of the exercise of powers related to politics;
- disabled war veterans - up to 60 Federal Law of January 12, 1995 No. 5-FZ days;
- Heroes of Socialist Labor, Labor of the Russian Federation and full holders of the Order of Labor Glory - up to three Federal Law of January 9, 1997 No. 5-FZ weeks;
- Heroes of the USSR, the Russian Federation and full holders of the Order of Glory - up to three Law of the Russian Federation of January 15, 1993 No. 4301-I weeks.
Registration of leave without saving earnings (nuances)
Vacation without pay begins to be issued, like all others, with an application. A special feature in this case is that the application must indicate the reason why leave is needed.
If leave at your own expense is mandatory, supporting documents must be attached to the application, for example:
- certificate of summons from an educational institution - for study leave without pay;
- an extract from the order (or a copy of the order) for leave for the main job - to provide additional days for external part-time work, etc.
If documents are not yet available at the time of requesting leave (for example, a birth or marriage certificate), they should still be presented to the employer after the leave (when they are ready). Otherwise, management will have the opportunity to count vacation days without saving earnings as absenteeism.
In any case, leave is issued by a separate order.
A selection of forms from ConsultantPlus will help you correctly prepare all the documents for a vacation at your own expense. If you do not yet have access to this legal system, trial access can be obtained for free.
A sample annual leave order can be downloaded here.
In subsequent calculations of average earnings, days of unpaid leave are excluded.
For calculations related to vacation experience:
- vacation days at your own expense from 1st to 14th are included in the calculation;
- days from the 15th onwards are not included.
Important! ConsultantPlus explains In this case, the end date of the working year is shifted by the number of days excluded from this length of service. In this case, in the order for the provision of annual paid leave, issued according to the unified form N T-6, in the column “for the period of work” the working year is indicated with offset dates (Letter of the Ministry of Labor of Russia dated November 23, 2018 N 14-2 / B-933, Letter of the GIT in Moscow dated 06/04/2020 N 77/10-20669-OB/18-1299). For example... You can view the example in K+ by getting free trial access.
If an employee required additional leave without pay during the probationary period (internship), the days of vacation during the probationary period (internship) are not counted.
The employer may entrust the duties of an employee who has gone on vacation to someone else or hire a temporary employee for these purposes.
An employer cannot require an employee to interrupt his vacation at his own expense. But he may refuse to take into account working days for an employee who himself decided to interrupt his vacation before it ends.
How long can a vacation at your own expense last?
It depends on how you agree with management, and on the reason that forces you to go on leave without pay. If you belong to the preferential category of workers, then you are required to be released for the number of days specified by law.
But if the employer doesn’t mind, you can be absent longer. The upper limit is for state Federal Law dated July 27, 2004 No. 79-FZ and municipal Federal Law dated March 2, 2007 No. 25-FZ employees - no more than a year of absence from official duties.
In addition, restrictions on the duration of unpaid leave may be specified in the employment contract.
Sample application for leave by agreement with the employer
Example
Employee Kovaleva I.K. is the mother of three school-age children. The enterprise's collective agreement provides for unpaid leave for up to 14 days for employees raising 2 or more children under 14 years of age (Article 263 of the Labor Code of the Russian Federation). According to the schedule, Kovaleva goes on her main vacation from 08/01/2021 to 08/28/2021 and wants to add 4 days to it at her own expense to prepare her children for school.
| AGREED: | General Director of CJSC "Metizy" A. A. Panfilov |
| Visa (decision) | To (position, full name) |
| CEO | From: adjusters |
| Manager's position | From whom (position) |
| Panfilov A. A. | Kovaleva I.K. |
| Full name of the head | From whom (full name) |
| Signature |
STATEMENT
I ask you to grant me additional leave without pay from 08/29/2021 to 09/01/2021 in connection with the preparation for school of children born in 2005, 2008 and 2010 (based on clause 10.12 of the collective agreement)
| I. K. Kovaleva | ||||||||
| date | Personal signature | Full name | ||||||
Documentary support
If the parties agree, the employee draws up an application according to the sample. It must contain the following mandatory parts:
- to whom: the position of the chief, his last name, initials and name of the organization;
- from whom: position, structural unit, full name of the employee;
- the main part, which describes the period and reason;
- Below is the current date, signature and surname with the initials of the employee.
The immediate supervisor and director put their signature and consent on the application form. With the consent of all parties, an order or instruction is issued according to the model adopted by the institution on letterhead or with the obligatory indication of the organization’s details. It must contain the following mandatory data:
- Full name of the employee;
- cause;
- the date when the employee goes on leave and the duration of the period.
The information is entered into the personal card and the work sheet. The employee is familiarized with the order under his personal signature.
The period of administrative leave is specified in Article 128 for those to whom it is granted immediately upon application. The rest of the employees coordinate the period directly with their superiors. The employee may return to work before the expiration of the period specified in the application. The time and period for registration of this type of vacation is not associated with annual paid leave and other additional days off.
Results
Leave without pay is a measure to support employees in cases where it is not possible to take other types of leave, but free time is necessary. Both employees and employers should be aware of the legal requirements regarding such leave.
Sources: Labor Code of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Guarantees for the employee during absence from work
During the period of leave without pay, the employee does not lose his place at the enterprise. An employer cannot fire a citizen just like that. This can only happen when the enterprise is liquidated or the activities of the individual entrepreneur are suspended.
When an employee is on unpaid leave, the employer will not pay for his sick leave for the same time. But the employer will pay for sick leave for women in labor, because the employee is on the list of insured persons. In addition, if a woman was on vacation without pay, but urgent sick leave was opened, then the vacation is interrupted from the start date of the sick leave. Funds received for childbirth can be credited to the account linked to any card that the employee indicates. To do this, just indicate the current account where the transfer is to be made.
During the period of administrative leave, employees retain the right to tax deductions. If a citizen has no income at all, then these deductions accumulate.
about the author
Klavdiya Treskova - higher education with qualification “Economist”, with specializations “Economics and Management” and “Computer Technologies” at PSU. She worked in a bank in positions from operator to acting. Head of the Department for servicing private and corporate clients. Every year she successfully passed certifications, education and training in banking services. Total work experience in the bank is more than 15 years. [email protected]
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What to do if your vacation request is denied?
There is no need to argue with management if an employee receives a refusal on an application that contains unjustifiable reasons. But having legal grounds, you need to figure out how to take time off at your own expense if you don’t get time off at work.
In this case, it is recommended to take the following steps:
- Request a certified copy of the application with a note of acceptance from the secretary or HR employee. It must be issued within three days.
- In urgent circumstances (funeral, wedding, session), it is necessary to re-write and submit to the boss an application with supporting documents, indicating the date of the previous submission.
- Make a copy of the latest application and register it. The paper must contain the number of the incoming documentation, the stamp of the organization, personal data and the signature of the person receiving it.
After these actions, the employee can safely go on weekends to solve family problems.
Upon returning from vacation, an employee may encounter some problems:
- disciplinary sanctions were imposed on him for absenteeism;
- an order was issued for his dismissal.
Then the employee should explain the reason for his absence in writing by submitting an application addressed to the director of the company with a package of supporting papers. You can also challenge an unlawful decision of your boss in the judicial authorities, the Prosecutor's Office, or the State Labor Inspectorate.
How to exercise the right to receive additional days of rest
The personnel department of the enterprise keeps records of employees entitled to receive additional days of rest (regardless of whether they are pensioners or not). If a pensioner is, for example, disabled, a personnel employee will remind him that he is entitled to increased leave. To exercise the right, you must:
- Write an application for leave. As a rule, additional leave is provided to the employee along with the main one, so it is not necessary to separately declare the desire to use it.
- Submit the application to the employer or the human resources department (if available).
- Read the leave order.
Find out how to go on vacation without pay here.
Legal grounds for refusal
Every citizen must know whether an employer has the right to refuse leave without pay?
The boss has the right to ignore a written request from a subordinate under the following circumstances:
- the reason is recognized as valid, but supporting documents are not attached to the application;
- the employee is not included in the preferential list of persons;
- Going on vacation can negatively impact the performance of the entire organization.
If a request for leave is not granted, a written refusal must be requested. This will help you challenge the employer’s decision if necessary and achieve justice.
Additional privileges
Russian legislation provides for working pensioners the possibility of a “maternity leave” to care for a grandson or granddaughter until they reach 3 years of age.
In addition, older employees are entitled to a reduced work schedule. He has the right to resign on the day of retirement without the required two weeks of work.
When an employee is dismissed due to retirement, he is required to compensate him with money for days of unused legal leave on the basis of Article 126 of the Labor Code of the Russian Federation.
For pensioners working in the northern regions of the Russian Federation, the employer is obliged to pay round trip travel to the vacation spot. This right can be used once in two years. This also applies to paying for travel in your own car. Only travel and baggage costs are paid. Travel expenses are also provided for minors traveling with their grandparents.
