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.
Compensation for unused portion
Cash compensation can only be received for those days that exceed the basic 28. Such replacement is carried out at the request of the employee. To do this, you will also need to submit an application for compensation for unused vacation days.
If such an appeal came from a pregnant woman, a minor, working long hours or in hazardous work, then the request must be refused with reference to Part 3 of Art. 126 Labor Code of the Russian Federation. These categories of employees are not entitled to replace rest with cash payments.
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.
Employer's liability
If the employer refuses to provide employees with the required days, as well as in the case of refusal to pay monetary compensation for such leave, a fine may be imposed on the enterprise and its officials. And in relation to a legal entity, a decision may be made to suspend activities for a period of up to three months (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If an official is repeatedly held accountable for such an offense, the official may be disqualified for up to three years.
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.”
If the administration pays
Vacation periods are annual at the expense of the employer. The minimum duration of one part is two full calendar weeks. But besides them, employees often request leave without pay. There is no sample application for annual paid leave in the legislation, therefore, it is drawn up in any form. Like any other petition, it must contain the details of the applicant and addressee, the number of days of rest and its type.
But you don’t always want to go for a walk all the days at once. If the employee intends to break this period into parts, then one of them should not be less than 14 days. Therefore, you will have to take at least 14 days off once, and the remaining days can be divided into convenient periods.
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”.
Sample application for study leave
To the Director of the State Budget Educational Institution of Children's and Youth Sports School "Allur"
Ivanov I.I.
from the Deputy Director for Methodology
Akhmetova A.A.
Statement
I ask you to grant me leave from July 1, 2021 for 24 (twenty-four) calendar days with pay to take a session at St. Petersburg State University.
Appendix: reference call No. 520976 dated June 18, 2021.
Akhmetov A.A.
20.06.2019
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.
What time to submit an application?
When you apply for vacation, you need to understand how many days in advance to submit it. Any rules are specified only for those who have a scheduled vacation. In this case, the employer himself reminds you two weeks in advance that it is time to rest. And in this case you don’t even need to write anything.
But for those who want to rest without pay or outside the schedule, the law has not established a deadline for submitting a written application. Usually such an issue is resolved in agreement with management. In some cases, they may release you the next day (if you need a vacation at your own expense). But, as a rule, it takes time to issue an order and find a temporary replacement for the employee who will be absent. Therefore, it is customary to apply at least two weeks in advance.
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.
Vacation during the coronavirus period
The coronavirus pandemic has negatively affected the work of many firms and enterprises. Several rules apply for the period of self-isolation and non-working days:
- If an employee’s vacation fell during a period of non-working days according to presidential decrees and he did not ask to postpone it, nothing needs . In this case, it was enough to pay vacation pay in the usual manner and arrange a vacation period.
- If the employee nevertheless asked to reschedule the vacation (for example, citing the fact that there was nowhere to go during the quarantine period), the employer could change the date of the vacation, but he was not obliged to do so. There was a general rule: the transfer of vacation is negotiated between the employee and the employer. The Ministry of Labor has confirmed that if an employee’s vacation falls on non-working days, it will not be extended . That is, the days are considered spent.
- If the employer insists that the employee take another paid vacation or leave at his own expense due to non-working days, the employee can safely contact the labor inspectorate of his region.
IMPORTANT!
Forcing an employee to take vacation is illegal! The employee can only take it voluntarily.
When should vacation pay be paid?
The payment period for vacation pay is at least 3 calendar days before the start of the vacation. If an employee goes on vacation on Monday next week, transfer his vacation pay on Thursday. You can issue vacation pay earlier, for example, along with your salary.
If you are late on vacation pay, give the employee compensation - 1/150 of the refinancing rate for each day of delay. This is not much: for a week of delay of 20 thousand rubles in vacation pay, you will pay 70 rubles in compensation.
If the labor inspectorate finds out about the violation, it will fine:
- 30,000 - 50,000 rubles - organization,
- 10,000 - 20,000 rubles - officials, for example, a director or accountant,
- 1,000 - 5,000 rubles - individual entrepreneur.
