Sample application for unpaid leave 2021

How to write an application for leave without pay? Samples of 2021 for frequently occurring cases, as well as situations when the administration has and when it does not have the right to refuse to provide leave at its own expense, are discussed in this material.

Almost every employee encounters situations in life when, due to objective or subjective circumstances, as well as personal desires, the employee needs days off from work in addition to annual paid leave. In this case, the employee has the right to write an application for leave without pay. The 2021 sample is no different from the application samples of previous periods, since no fundamental changes have occurred in the legislation governing this aspect of labor relations.

Synonyms for unpaid leave are “leave at your own expense” and “unpaid leave.” This leave is not paid by the employer and wages are not accrued during the leave period.

Existing types of leave are prescribed separately in the Labor Code - this means that they do not affect each other. In cases where the employee has already used his annual paid and allotted additional leave, he has the right to ask for leave at his own expense and receive it, if there is the good will of the employer or the employee is entitled to leave by law.

Note that leaves without pay can be divided into those that the employer is obliged to provide to the employee due to the requirements of the Labor Code and those that the employee may be denied.

When can an employee take leave without pay?

An employer cannot ask an employee to take leave without pay, and an employee can take such leave at will. Typically, leave is taken for a good reason: family matters, the birth of a child, a wedding, the death of a loved one. Moreover, an employee can ask for leave at his own expense without a valid reason for any period. The law does not establish a list of valid reasons, and the employer himself decides whether to let the employee go.

This issue requires correct negotiations between the parties. If an employee absolutely needs a vacation, he may resign, and the company will lose the employee. It may be better to agree on vacation dates rather than cause conflict. To avoid unfavorable situations, the employer should consider the issue of such leaves in advance and establish the rules in the company’s local regulations. There he can limit the duration of vacations and introduce other conditions.

Design rules

There are no special rules for providing vacation pay. Based on the order, the accounting department accrues vacation pay to the employee. The order acts as confirmation of the pensioner’s absence from the workplace.

IMPORTANT!

Rest must be provided in accordance with the vacation schedule approved for the corresponding calendar year. If leave is granted contrary to the approved schedule, then changes must be made to the document.

Additional paid days of rest are requested by sending an application to the manager.

Usually the days are taken along with the main vacation period. But the rest can be divided, at the request of the employee. The period is paid according to the same rules.

Days of additional rest that exceed the minimum legal standards can be replaced with monetary compensation (Article 126 of the Labor Code of the Russian Federation). In addition, upon dismissal, additional leave is included in the calculation of compensation for unused vacation pay.

When you cannot refuse an employee leave

There are categories of employees who cannot be denied leave without pay:

• WWII participants;
• working disabled people;
• old age pensioners;
• parents and spouses of civil service employees and military personnel who died in service;
• Heroes of Labor and full holders of the Order of Labor Glory;
• candidates' proxies in connection with elections;
• at the birth of a child, death of a relative, marriage registration;
• part-time workers - they are entitled to leave at their own expense simultaneously with leave from their main job, if there are fewer days of part-time leave;
• military spouses if their paid leave is shorter than their spouse's leave;
• working students of universities and colleges;
• applicants to universities (15 days) and secondary educational institutions (10 days).

A single parent of a child under 14 years of age, a parent of two or more children under 14 years of age, a parent of a disabled child under 18 years of age also has the right to permanent leave without pay, but this must be enshrined in the company’s local regulations or a collective agreement.

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What to pay attention to

A period of unpaid absence from work lasting no more than 14 days in one working year is included in the length of service that gives the right to annual basic paid leave (Article 121 of the Labor Code of the Russian Federation). If an employee falls ill during an unpaid “vacation”, sick leave is not paid to him, and the duration of rest without pay is not extended for the duration of the illness. Unused “graceful” vacation period at your own expense is not transferred to the next year, either fully or partially. That is, if, for example, a working pensioner is entitled to 14 additional days of rest per year, he will not be able to go on vacation for several months at once due to the fact that he has not used this right for several years.

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How are issues regarding vacation resolved between an employee and an employer?

The parties need to agree on leave and formalize it: the employee writes a statement, the employer issues an order in which the employee signs. To be convincing, the employee should bring documents that confirm the seriousness of the reason why leave is required. An employer can rely on the organization’s local regulations if they stipulate the conditions for unpaid leave. Correctness is important, since an employee can go to court to protect his rights, and the company may face fines for violations with vacations.

If an employee goes on vacation without the consent of the employer, he can fire him for absenteeism. But if it turns out that the employee could not have been refused, he can be reinstated in his position through the court.

If the employer wants to recall an employee from vacation, this is also resolved through negotiations; the employee returns voluntarily or refuses to interrupt the vacation without any consequences for himself.

If an employee changes his mind about taking a vacation and wants to leave unpaid leave early, this can be done. You need to contact the employer, discuss this and write an application for early termination of vacation.

If there is downtime at a company, the employee cannot be sent on vacation at his own expense, this would be a violation of the law. During the period of downtime, the employee is entitled to a salary in the amount of ⅔ of the usual salary or rate.

The legislative framework

A day off is a free day or a short period of free time (several days), during which an employee is released from his work activity in agreement with the employer and on the basis of his order. In fact, this is an additional day off or a short one-day vacation.

This exemption from labor is possible in two cases:

• paid one-day leave - if provided to the donor and unpaid - if provided for work on a day off (since the day off on which the employee worked was already paid);
• time off due to vacation. Often in this case, the specialist receives a free day without registration, and then, after being granted long-term rest, works it out according to the schedule or leaves earlier. Although in practice such agreements are quite common, it is better not to allow this, as problems with registration may arise: the employer’s refusal of the agreement or other documentary difficulties (for example, when registering an accident, etc.).

We also remind you: if an employee was involved in work on a day off or a non-working holiday, the administration is obliged to either pay him double the amount, or single, but with an additional day off.

How many days of vacation at his own expense is an employee entitled to?

The number of days is indicated in the Labor Code of the Russian Federation only for those categories of workers who cannot be denied leave.

• WWII participants - up to 35 days a year;
• for old-age pensioners - up to 14 days;
• parents and spouses of deceased military personnel - up to 14 days;
• disabled people - up to 60 days;
• war invalids - up to 120 days;
• for employees due to a wedding, birth of a child, death of a loved one - up to 5 days;
• for students and applicants of universities - from 15 to 120 days, secondary educational institutions - from 10 to 60 days;
• employees - up to a year.

If an employee has not used the required vacation days at his own expense during the year, they cannot be transferred to the next year.

With other employees, the issue is resolved through a personal agreement with management. Also, the period of leave without pay can be specified in the local regulations of the company or the collective agreement, then it will not be possible to take more days of leave per year.

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Calculation of holidays without SWP

In the accounting sheet, unpaid days unoccupied by employees are coded by a combination of letters or numbers with a code (one option is selected). The table shows generally accepted codes for types of holidays without FWP.

How is unpaid leave processed?

The employee writes an application for leave without pay, indicates its start and end dates and the reason. If he is entitled to leave by law, he attaches the relevant documents: a certificate from an educational institution, a birth certificate with a dash in the “Father” column or a mother’s death certificate, a certificate from a second job.

The employer makes a decision on the application, issues an order, and enters information into the employee’s personal card. If the company keeps a time sheet, enter the information there. The employee signs this order, and then the leave at his own expense acquires legal force.

Sample application for leave without pay

Procedure for taking leave without pay.

The basis for granting leave without pay is a written application from the employee.

The application is written in free form addressed to the head of the organization and must contain the start date of the vacation, its duration and reason or preferential basis. If the reason for leave is not unconditional, and the employee does not belong to preferential categories, then the application must contain a resolution from a superior manager.

Based on the application, an order to grant this leave is issued and signed.

The employee gets acquainted with the order against signature.

Please note that the employer does not have the right to send an employee on unpaid leave in order to save on payments for downtime, etc. If such facts are established (for example, following a complaint from an employee), the labor inspectorate has the right to fine the organization in the amount of 30-50 thousand rubles, and its manager in the amount of 1000-5000 rubles.

Sample application when an employee is entitled to leave in accordance with the law:

To the director of PJSC “Start” Popov A.V. from the leading engineer of the production department Kuzmin L.D.

Statement

on granting leave without pay

I request that you grant me unpaid leave of 5 (five) calendar days from February 3, 2021 to February 7, 2021 due to the birth of a child.

Date: 01/31/2021

(signature) Kuzmin L.D.

In the example presented below, the employee requests a leave of 10 days, of which 5 days are allotted to him in accordance with the Labor Code of the Russian Federation and 5 days are provided with the consent of the administration.

To the director of Polet OJSC, Pervushin A.V., from a specialist in the marketing department, Nikolaev L.D.

statement

on granting leave without pay

Please grant me leave without pay for 10 calendar days from June 1, 2021 to June 14, 2021 in connection with marriage registration..

Date: 05.15.2021

(signature) Nikolaev L.D.

I don't mind

Head of the Marketing Department

(signature) P.M. Suslov

Application for leave without pay in the case where leave is granted with the consent of the administration:

Director of Furniture Solutions LLC Avdyukhov A.S. from accountant I.V. Panyushkina

Statement

on granting leave without pay

I request that you be granted unpaid leave of 14 (fourteen) calendar days from July 3, 2021 to July 16, 2021 due to family circumstances.

Date: 06/29/2021

(signature) Panyushkina I.V.

"I don't mind"

Chief Accountant

(signature) E.V. Zubova

What sanctions does a company face for violations in connection with vacations at its own expense?

There are fines for violations in connection with unpaid leave (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• for officials and individual entrepreneurs - for the first violation, a warning or fine of 1-5 thousand rubles, for a repeated violation - 10-20 thousand rubles;
• for a company - for the first violation, the fine is 30-50 thousand rubles, for a repeated violation - 50-70 thousand rubles.

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