The document on the basis of which employees are granted leave of one type or another is an order. It is important to draw it up correctly in order to avoid both problems with inspection authorities and misunderstandings with the hired person in the future. In this article we will talk about the rules by which the document is formed and its features when granting leaves of various types. You will also find a sample vacation order here.
Payroll and personnel records
Basic Rules
In accordance with the Labor Code of the Russian Federation, other Russian laws, an employment contract and internal regulations, the employer provides the hired person with various types of leave. The algorithm for their design is approximately the same:
- we receive an application from the employee (not required if leave is provided according to a schedule), and in some cases additional documents;
- we issue a vacation order;
- we sign it with the manager;
- we introduce him to the employee against his signature;
- We transfer a copy to the accounting department to calculate payment.
Whatever the leave may be - annual paid, without pay, maternity leave or otherwise - before it begins, an order is drawn up to grant leave to the employee. This is a local regulation that gives a person the right to be absent from the workplace for a specified period of time for a specific reason.
Let's sign and introduce
The head of the organization or another authorized official can sign the personnel act. When the order is ready, the employee must be familiarized with it and signed. The signature must be decrypted. If the employee refuses this procedure, the employer will have to prepare a corresponding act. Even if it is impossible to meet the employee in person, for example, he works remotely, he still needs to be familiarized with the order. This can be done in the mode of exchanging electronic documents with digital signatures. This procedure is provided for in Article 312.1 of the Labor Code of the Russian Federation.
How to create an order
Until 2013, the T-6 form was used to issue a vacation order (approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1). There is no need to use it now. However, it contains all the necessary details, and many employers still use it as a vacation order.
Only a few fields need to be filled in the form, and the order is ready. It reflects the following information:
- Name of the organization;
- order number and date of its preparation;
- Full name of the employee and his personnel number;
- the structural unit in which he works, as well as his position;
- type of leave;
- the period for which the leave was granted, the number of days or the period during which the employee will be absent (depending on the type of leave, blocks “A” and/or “B” are filled in);
- total duration of the vacation period (in block “B”). If only one type of leave is provided, its period must also be duplicated in this line.
An order for granting leave is usually prepared by the HR department. The basis is any document, which depends on the type of vacation. A copy of the approved document is sent to the accounting department. Information about leave based on the order must be entered into the employee’s personal card.
Results
The vacation order, a sample of which we have reviewed, does not require much effort to complete.
It contains the minimum necessary information about the vacationer and the duration of the vacation. The unified leave order form for the 2021 model has not changed compared to 2021. You can take the usual form of the order (form T-6), and if you wish, develop your own. The main thing is that it reflects all the information necessary to send an employee on vacation. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Annual leave
An order for annual paid leave is drawn up based on the vacation schedule. Often employers insist that employees additionally write a leave application. However, if it is provided on schedule, then this is unnecessary. It’s another matter when vacation is granted outside the schedule - this option is possible by agreement of the parties. In this case, the employee must write a statement.
A common question: how many days before vacation should an order be issued? The legislation does not regulate the exact deadline for completing this document. However, Article 123 of the Labor Code of the Russian Federation states that the employee must be informed about the onset of vacation at least 2 weeks in advance. It is up to the employer to decide how exactly to do this. In practice, it has turned out that this function is performed by the order to grant leave to the employee. This means that it must be issued at least 14 days before the start of the vacation.
If it is customary at the enterprise to act differently (for example, the employee is given a notice 2 weeks in advance), then the order can be drawn up later. It is only important to remember that without it, the accounting department will not be able to calculate and transfer vacation pay. Payment must be made no later than 3 days before the start of the vacation. So, in any case, there is no point in delaying the order.
The peculiarity of drawing up an order for granting annual leave to an employee using the T-6 form is that it is necessary to fill out block “A”. You must indicate the number of calendar days the employee is absent, the start and end date of the vacation. The line “for the period of work” is also filled in - it reflects the period for which annual leave is due.
Additional paid leave
Some categories of employees receive additional vacation days. For example, those working in the Far North are entitled to an additional 24 calendar days. And those who work irregular hours are given an additional 3 days. If an employee’s working conditions are considered dangerous and/or harmful, he is entitled to at least 7 additional vacation days annually. The exact duration of such leave must be specified in the employment contract - it depends on the results of a special labor assessment and on industry agreements.
Annual and additional paid leave can be granted consecutively. In this case, in the T-6 form, each of them is indicated separately: in block “A” data on regular leave is reflected, in block “B” – on additional leave. In block “B” the total duration is indicated, that is, the days and periods of both vacations are summed up.
The T-6 form is filled out using the same principle if an employee takes two different types of leave in a row, for example, annual, and then “without pay.”
Registration of leave when wages are not maintained
It is very important to issue such an order correctly, since it plays a big role not only for reporting, but also for accounting. It is necessary to confirm that the employee is going on vacation on his own initiative and agrees to take a vacation at his own expense. In this case, the average salary is not paid, that is, the organization does not need to compensate for downtime.
It is worth noting that it is advisable for organizations to protect themselves in advance from the likely claims of employees. It is important to have adequate proof that the employee voluntarily asked for unpaid leave. Experts advise thinking about the employee’s application form. Some companies practice filling out applications for unpaid leave on forms that have already been developed and printed. And the employee only has to sign the finished document. This is not a very good solution. Sometimes problems arise with such statements in the future, and employees file claims for compensation for downtime and moral damages, citing the invalidity of the statement. A signature is easy to forge, but it is more difficult to verify and confirm its authenticity.
What should management do? The best option is to ask employees to write an application for unpaid leave in their own hand. Such a document is already a more reliable confirmation, since the examination will accurately determine its author from a rather large handwritten text.
Please note that leave at your own expense can be provided simply at will, as well as for any valid reasons. When an order is issued, it must be written in column B: rest is provided, but payments and salary retention are not provided.
Vacation without pay
This type of leave can be issued either on certain grounds or without them, that is, simply at the request of the employee (if the employer agrees). The reasons may be: the birth of a child in the family, the death of a close relative, marriage, studying at a state university or entrance exams. In addition, such leave is provided to disabled people (up to 60 calendar days per year), pensioners (up to 14 days), members of election commissions, family members of military personnel or employees of internal affairs bodies and other categories of workers.
In the above cases, as well as in some others, the employer cannot refuse the employee leave without pay. But only on the condition that he submits the relevant document. For example, when requesting student leave, a certificate of summons from an educational institution is required, when requesting leave by a disabled employee, a certificate of disability, and so on. In some cases, such documents may be provided after the vacation. This applies in particular to birth, death or marriage certificates. After all, the employee will receive these documents later than the period for which he requires a break from work.
If there is no documentary evidence of the need for leave, the employer has the right to refuse it. The issue of providing vacation without payment in the absence of legally established grounds is resolved by agreement of the parties.
To receive leave at his own expense, the employee must write an application. Based on it, as well as on the basis of the submitted documents, an order for leave without pay is issued. The line “for the period of work” is not filled in, since the vacation is not related to the time worked. Instead of block “A”, block “B” is filled in. Here you need to reflect the type of leave (without pay), indicate the number of calendar days, start and end dates. If its necessity is confirmed by a document, its details should also be entered in line “B”. Information about the duration and period of vacation must be duplicated in block “B”.
The director also wants to rest
What if the director of the company decided to take a break? Everything also needs to be done in accordance with the law. The head of an organization is also its employee. At the same time, by virtue of Federal Law No. 14-FZ dated 02/08/1998 and Federal Law No. 208-FZ dated 12/26/1995, it has the status of a sole executive body. But he still has no right to send himself to rest if he is not included in the schedule. The organization's charter must state who can make such a decision: only a collegial body (board, directorate, etc.), if there is one, a meeting of participants (shareholders) of the company, or the manager himself. The decision of a collegial body or meeting of participants is documented in a protocol, which, in addition to all the conditions for the director’s rest, also decides the question of who will perform his duties during the absence.
An order is issued based on such a protocol. It can also be compiled in any form: both unified and free.
IMPORTANT!
If the unified T-6 form is selected, then by default only the manager himself can sign it. Therefore, in order for an authorized member of the company to sign, it must be amended in advance.
The fact of such changes is recorded by a separate order of any form. It happens that the director has the authority under the charter to send himself on vacation independently. Then he can sign the order himself, and carry out all the registration in accordance with the general norms of the Labor Code of the Russian Federation.
Sample order for director's annual paid leave
Maternity leave
The basis for maternity leave is a certificate of incapacity for work issued by the antenatal clinic where the pregnant employee is registered. In general, the period of such leave is 70 days before childbirth and the same amount after it. In some cases this period is extended.
In addition to the medical document, the woman must write an application for maternity leave. Sick leave details must be included in the order. As in the case of leave without pay, block “B” is filled in. Block “A” and the line “per period” remain empty.
Mandatory holidays from previous years
It happens that an employee has not had a rest for several years, but this year he decided to take advantage of the rest days from previous periods. In this case, this must be reflected in local act No. T-6 or No. T-6a. True, the usual form does not provide for the listing of several periods, so it needs to be modified. Changes must be formalized in the appropriate organizational and administrative document, as provided for in the Procedure for the Application of Unified Forms of Primary Accounting Documentation. In this case, a self-developed form is preferable, since it does not require additional procedures.
Holiday to care for the child
This type of leave can be taken not only by the mother, but also by the father, grandmother, grandfather, other relative or guardian. In other words, the one who will care for the child. Leave can be divided into parts and granted to different persons, but in turn, and not simultaneously.
The general period of such leave is until the child turns three years old. For the first year and a half, the caregiver is paid an allowance. In practice, most often the mother takes maternity leave, and it begins immediately after the end of maternity leave.
An order to grant parental leave can also be issued in form T-6. The same fields are filled in as for maternity leave. The basis is the child’s birth certificate and a certificate from the spouse’s place of work stating that he does not use the right to this leave. The specified documents are attached to the application.
When does advance leave arise?
Annual leave provided in advance may become necessary during any period of the employee's employment with a particular employer.
This statement is true, despite the presence in Art. 122 of the Labor Code of the Russian Federation states that the employee’s right to the first vacation arises only after six months from the date of employment.
After all, before the end of the first six months of work, it is possible to grant leave:
- persons with the right to choose the time of rest at their own discretion - the employer, if there is such a request, is obliged to give them leave ahead of schedule;
- to any other employee - provided that the employer has no objections to this.
In addition, you can receive leave after six months of compulsory work in full (the Labor Code of the Russian Federation does not contain any reservations in this regard), which means including days used in advance.
For all subsequent years of work, annual leave is not tied to the period of compulsory service, i.e. it can also be received ahead of schedule (Article 122 of the Labor Code of the Russian Federation).
The exception here will be annual additional leave for work in harmful/dangerous conditions, the right to which arises only upon the fact of work in appropriate conditions (Article 121 of the Labor Code of the Russian Federation).
Thus, taking leave in advance is possible during any period of work with a particular employer. But only in one of these situations (when an employee who has the right to choose the time of rest requests leave) will the employer be obliged to send the employee on rest. In all other cases, the possibility of early granting of leave is implemented by agreement with the employer.
