Without content, how to format it correctly. Order to provide leave at your own expense. Scientific Editor's Note

He also evaluates how valid the reason is for which a person asks for time off. And the period for which such leave will be granted is already agreed upon between the employee and the employer.

Sometimes vacation at your own expense is required by law. And it is regulated by Article 128 of the Labor Code of the Russian Federation and certain provisions of federal laws. We have listed the categories of employees who cannot be denied time off at their own expense in the table below. If any of them are denied the right to leave, this will be considered a direct violation of labor laws. And your company may be attracted to

Our Chief Accountant Program will help you with arranging leave without pay. She will do all the necessary personnel documents and calculate the salary for the rest of the month. Try it for free! Guest access is provided for a long period of time.

Category of workers	Duration of vacation	Base
WWII participants		Article 128 of the Labor Code of the Russian Federation
Working old-age pensioners (by age)
Working disabled people	Up to 60 calendar days per year
Parents and spouses of military personnel killed in the line of duty military service or due to an illness related to military service	Up to 14 calendar days a year
Employees, in the event of the birth of a child, registration of marriage or death of a close relative	Up to 5 calendar days
Workers who combine work and study	From 10 calendar days to four months depending on the category educational institution and grounds for granting leave	Articles 173 and 174 of the Labor Code of the Russian Federation
External part-timers	The number of days by which vacation from the main job exceeds vacation from a part-time job	Article 286 of the Labor Code of the Russian Federation
Combat veterans and persons awarded the “Resident” badge besieged Leningrad»	Up to 35 calendar days per year	Federal Law of January 12, 1995 No. 5-FZ “On Veterans”
Workers entering universities	Up to 15 calendar days per year	Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”
Employees who are spouses of military personnel	The duration of leave for military spouses may be equal to the length of leave for military personnel. Then the part of the vacation exceeding the period of vacation at the main place of work is not paid	Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”
Heroes of Socialist Labor	Up to three weeks per year	Federal Law of January 9, 1997 No. 5-FZ “On the provision of social benefits to Heroes of Socialist Labor and full holders of the Order of Labor Glory”
Employees who are proxies of candidates for deputies	For the period of validity	Federal Law of June 12, 2002 No. 67-FZ “On Basic Guarantees voting rights and the rights of citizens to participate in a referendum Russian Federation»

In addition, leave at your own expense for a period of up to 14 days may be available for some categories of workers with children (Article 263 of the Labor Code of the Russian Federation). So, employees can count on additional rest:

- having two or more children under 14 years of age;
- having a disabled child under 18 years of age;
- single mothers raising a child under 14 years of age;
- fathers raising a child under 14 years of age without a mother.

Upon written request, additional leave, which is prescribed in the collective agreement, can be added to the annual paid one or used separately.

In addition, when drawing up a collective agreement, you need to take into account the provisions of industry agreements. They may stipulate the conditions under which the employer is obliged to provide leave to an employee who falls under its scope.

For example, according to clause 8.18 of the Federal Industry Agreement on River Transport for 2009-2011, an employee in case of illness can apply for unpaid leave of no more than five days. But five days in this case is the maximum period of vacation without salary during the year. There is no need to present it.

Like a vacation at your own expense

First of all, the employee needs to write an application and indicate in it the duration of the vacation and the reason why he needs it. For a sample vacation application, see the link.

If the manager approves the application, then an order must be issued to grant leave. If you use unified primary forms, then it is drawn up according to form No. T-6 (approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1). In addition to the number, date of preparation, position and initials of the employee, the order must indicate the type of leave - without pay. As well as the number of calendar days for which it is provided. If unpaid leave is added to the main paid leave, then you need to fill out sections “A” and “B”. And in section “B” write down the total number of days of rest.

The order must be signed by the head of the organization or person. Asking for time off, for example, from the head of the department will not be enough. After the order is signed, the employee must be familiarized with it against signature. Here is an example of filling out a leave order at your own expense:

If an employee goes on unpaid leave before an order is issued and does not sign it, this will be considered a clear violation labor discipline. For this, the employee may be subject to disciplinary action. Of course, this rule does not apply to the category of employees who are entitled to leave by law (see table). If you nevertheless decide to fire such an employee for absenteeism, then you will violate labor laws. And the employee will have to be reinstated (Determination of the regional court dated September 13, 2010 No. 33-2693).

After filling out the order, do not forget to reflect the vacation in the employee’s personal card (unified form No. T-2). In the timesheet (if you keep timesheets using unified forms - this is form No. T-12 or No. T-13), you should also indicate vacation days:

— “DO” (digital code 16) — leave at one’s own expense, provided to the employee with the permission of the employer (for example, for family reasons);
— “OZ” (digital code 17) — leave at your own expense under the conditions provided for by the current legislation of the Russian Federation (for example, when providing unpaid leave to an employee who enters a university);
— “DB” (digital code 18) — annual additional leave at one’s own expense (for example, for employees with two or more children under the age of 14).

How will vacation at your own expense affect your next paid vacation?

In itself, unpaid leave in commercial organizations is not limited by any period. That is maximum quantity days not specified. Only state civil and municipal employees have restrictions: they can go on vacation at their own expense for up to one year (Clause 15, Article 46 of the Federal Law of July 27, 2004 No. 79-FZ).

But in any case, it is necessary to keep records of vacations at your own expense. Since these days off may affect other payments in favor of the employee.

Thus, days of rest at your own expense affect the length of service on which the right to annual paid leave depends. Let us remind you that in accordance with Article 121 of the Labor Code of the Russian Federation, this length of service does not include unpaid time off in excess of 14 calendar days in the working year.

Example
The employee was on leave at his own expense for more than 14 days during the year

The employee joined the company on September 1, 2013. Consequently, the working year, after which he is entitled to 28 days of vacation, will end on August 31, 2014. During this period he was on unpaid leave for 20 days.

Since this period exceeds 14 days, the length of the working year will be increased by 6 days: it will begin on September 1, 2013 and end on September 6, 2014.

The Glavbukh program will issue leave without pay instantly

Select an employee and in the “Vacation” tab, indicate the type (unpaid) and period of leave. And you will immediately receive a completed vacation order in Form No. T-6. All that remains is to sign.

The completed time sheet along with your salary will be waiting for you in the “Salary” section, see the “Payment Documents” tab.

In the timesheet, the GlavAccountant Program will by default put the code “BEFORE” on the employee (with the permission of the employer). If you need to specify a different code, you can open the timesheet in XLS format and make changes.

The GlavAccountant program will also put a note about the vacation on the employee’s personal card (Form No. T-2).

The GlavAccountant program will calculate any payment to an employee. Of course, no salary is accrued on days of unpaid leave. But with guest access to the Program, you can, for example, calculate annual paid leave, parental leave, business trips and much more. Get guest access now!

Every employer sooner or later deals with administrative leave. Its more common name in documents and everyday life is vacation at your own expense. The main feature is that the employee is not retained wages throughout the entire period of absence from work. We will tell you in what cases this type of leave needs to be applied for, who can request it, and also how the application should be drawn up.

Leave at the request of a subordinate

This concept implies a vacation during which the subordinate will not receive the corresponding part of the salary. Please keep in mind: the term “administrative leave” itself current legislation not used. However, it is often specified in collective agreements and labor regulations at the enterprise level. This is not prohibited.

Administrative leave for family matters

According to Article 128 of the Labor Code of the Russian Federation, there are three clearly valid reasons, the presence of which cannot be denied forced leave. This the following facts family life:

a child has been born or will be born;
the marriage is to be registered with the civil registry office;
a close relative died.

In this case, the birth of a child is a valid reason, primarily for males. The fact is that mothers receive maternity leave after childbirth. They are entitled to it by virtue of Article 255 of the Labor Code. Although a woman has the right to refuse him. This happens, but not often.

In the listed cases, the duration of rest, by agreement with management, can be a maximum of five calendar days.

Certain categories of employees also have the right to receive administrative leave. They must have a certain status. In this case, the employer is obliged to consider and approve the vacation application of a subordinate who belongs to the appropriate category (see table).

Keep in mind: these categories of workers can be released at their own expense only once a year. At the same time, the employee, at his discretion, can take administrative leave in parts, as well as use it annually.

Other grounds

The remaining reasons why an employee can go on forced leave are defined in Article 128 of the Labor Code in a similar way - as “family circumstances and other valid reasons.” Their full list not in the law. And it is not said what specific grounds can or cannot be considered valid. Therefore, the final decision on this issue is up to the employer.

In situations not specified Labor Code, the maximum period of administrative leave at the initiative of the employee is not limited by legal norms in any way. Therefore, the employee and the employer agree on this issue among themselves.

It is better when the possible timing of such leave and the grounds for receiving it are specified in the collective agreement.

Vacation at your own expense at the initiative of the employer

The company does not have the right to send an employee on forced leave without the latter’s consent. In this case, the employee can file a corresponding complaint with the labor inspectorate.

If the fact of violation of labor legislation is proven, the employer may be held accountable under Part 1 of Article 5.27 of the Code of the Russian Federation on Administrative Offences. An official of the company and an individual entrepreneur will pay to the budget from 1,000 to 5,000 rubles, and the employing organization will pay from 30,000 to 50,000 rubles.

Application for leave at your own expense: sample 2018

Below is a sample application for administrative leave. Please note that current regulations do not provide for its mandatory or recommended form. Therefore, the employee has the right to draw it up in free written form. There are no strict requirements or restrictions from a legal point of view. The most important thing is that the employee must clearly and correctly indicate the reasons why he is asking to go on unpaid leave.

Example

The State Statistics Committee of Russia has approved a unified form No. T-6 of the order to grant an employee leave. It also includes leave at one’s own expense (see Resolution No. 1 of January 5, 2004 “On approval of unified forms of primary accounting documentation for recording labor and its payment”). With this order the employee in mandatory should be familiarized against signature.

Do you know exactly how to correctly draw up an order for leave without pay? Is it possible to provide such leave not for a full day, but for a few hours?

From the article you will learn:

Rules for granting leave without pay

By general rule every employee is entitled annual paid leave. The standard duration of such annual rest is 28 calendar days. And during this time, the employee is accrued vacation pay based on average earnings.

Meanwhile, there is another type of recreation - leave without pay. As can be seen from the name itself, no payments are made to the employee during the period of such rest. Often in practice, such a period is also called vacation at your own expense. In other words, during the period of such release from work, the employee does not receive from the employer cash, in this situation the employee rests without any payment.

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Vacation at your own expense at the request of the employee

Most often, the organization provides rest at its own expense by agreement with the employee. In other words, in the presence of certain circumstances, an employee applies to the employer with an application to provide this type of vacation. And if the manager has no objections, an order is issued without pay (a sample is given below). Thus, such leave requires the desire of the employee and the consent of the employer, that is, the agreement of the parties.

Note that despite the fact that labor legislation does not prohibit the possibility of using several hours of vacation at one’s own expense, this option is used quite rarely in practice. Most often, loyal employers, taking into account the employee’s circumstances, provide them with the opportunity to use several hours during the working day for personal purposes with subsequent work.

Photo by Vasya Sinichkin, Kublog

Labor legislation guarantees employees paid leave (annual and additional). However, an employee has the right to count not only on paid leave: the Labor Code of the Russian Federation provides for the possibility of providing leave without pay. Only one article of the code is devoted to this type of vacation. Accordingly, employers have many questions related to its use. In what cases does an employer have no right to refuse to provide unpaid leave? How to register it? What is the maximum duration of unpaid leave? You will find answers to these and some other questions by reading the article.

When is unpaid leave granted?

According to Art. 128 of the Labor Code of the Russian Federation, leave of this type can be granted:

At the discretion of the employer (but after considering the reason why the employee requests unpaid leave and his production capabilities, he may decide to refuse to provide such leave).
By force of law (when an employer cannot refuse to provide an employee with leave without pay).

Therefore, before making a decision to refuse to grant leave to an employee, you need to not only take into account production issues, but also check whether he belongs to the category of employees who cannot be denied leave.

Let's say a few words about unpaid leave by decision of the employer. Part 1 of Art. 128 of the Labor Code of the Russian Federation establishes that for family reasons and others good reasons an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer. From this rule we can conclude that the mandatory conditions for granting such leave are appropriate circumstances, a written statement from the employee and the consent of the employer.

Let us note that the employer, when deciding to grant leave, at his own discretion evaluates the reasons why the employee requires leave, and if he considers them insignificant or disrespectful, he has the right to refuse. We recommend that you approach this issue objectively, since in the event of a dispute, the court or regulatory authority may side with the employee. For example, the Perm Regional Court considered a case on declaring an order to apply disciplinary measures illegal. B. applied to her employer for unpaid leave for a day, without indicating the reason why it was required. Accordingly, the employer refused to provide leave, but B. did not return to work. For this she was reprimanded. The court, having examined the case materials, found out the reason for the absence - the need to appear at the prosecutor's office and the court (the summons was documented with the relevant documents) - and recognized the order to apply disciplinary action illegal (Appeal ruling of the Perm Regional Court dated August 12, 2013 in case No. 33-7452).

Of course, the court does not always side with the employee. If he does not show up for work after the employer refuses to provide unpaid leave, the court may recognize the application of disciplinary measures up to and including dismissal for absenteeism as legal and justified (see, for example, Determination of the Moscow City Court dated September 8, 2015 No. 4g/8 ‑8669/2015, Appeal ruling of the Omsk Regional Court dated 09/02/2015 in case No. 33‑6239/2015).

When will an employer's refusal be unlawful?

As we found out, in some cases the employer is obliged to satisfy the employee’s request for leave without pay. In particular, according to Part 2 of Art. 128 of the Labor Code of the Russian Federation, the employer must provide the following leave:

participants of the Great Patriotic War- up to 35 calendar days a year;
for working old-age pensioners (by age) - up to 14 calendar days per year;
parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, and traffic control authorities narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system, killed or died as a result of injury, concussion or injury received while performing the duties of military service (service), or as a result of a disease associated with military service (service), - up to 14 calendar days a year;
for working disabled people - up to 60 calendar days per year;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days.

Happy holidays the last reason problems are common. In particular, the employer does not always correctly identify close relatives. (For example, should an employee be given unpaid leave to attend the funeral of an uncle?) Accurate interpretation There is no such concept in any Russian law. So, according to Art. 2 of the RF IC, family members are spouses, parents and children, and by virtue of Art. 14 of the RF IC, close relatives are considered to be parents and children, grandparents, grandchildren, full and half brothers and sisters. As you can see, the categories “family members” and “close relatives” overlap. We believe that the provision of unpaid leave in connection with, for example, the death of an uncle remains at the discretion of the employer, but a refusal to provide such leave in connection with the death of a grandmother will be illegal.

Given in Art. 128 of the Labor Code of the Russian Federation, the list of grounds when the employer does not have the right to refuse leave is far from exhaustive: relevant cases can be established by the Labor Code of the Russian Federation or others federal laws.

For example, according to Art. 173 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to employees admitted to entrance examinations upon admission to a higher educational institution, as well as students of preparatory departments educational organizations higher education for passing final certification- 15 calendar days. Slightly less - 10 calendar days of unpaid leave - is required to be provided by the employer to employees who combine work with receiving secondary education. vocational education(Article 174 of the Labor Code of the Russian Federation).

Please note

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, a collective agreement annual additional leaves without pay can be established at a time convenient for them, lasting up to 14 calendar days (Article 263 of the Labor Code of the Russian Federation).

In some cases, unpaid leave is granted to part-time workers. So, by virtue of Art. 286 of the Labor Code of the Russian Federation, if at a part-time job the duration of annual paid leave is less than at the main place of work, then the employer, at the request of the employee, must provide him with leave of the corresponding duration without pay.

But not only the Labor Code defines cases when an employer cannot refuse unpaid leave: such cases can also be established by other federal laws. For clarity, we present them in a table.

Rule of law	Categories of workers	Duration
Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”	Civil servants	Up to a year
Federal Law of March 2, 2007 No. 25-FZ “On Municipal Service in the Russian Federation”	Municipal employees	Up to a year
Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”	Military spouses	Part of the spouses' leave exceeding the duration of the annual leave at the main place
Federal Law of 01/09/1997 No. 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory”	Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory	Up to 3 weeks per year
Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the status of Heroes Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory"	Heroes of the USSR, Russian Federation and full holders of the Order of Glory	Up to 3 weeks per year
Federal Law of January 12, 1995 No. 5-FZ “On Veterans”	Invalids of war	Up to 60 days a year
	WWII participants	Up to 35 days a year
	Combat veterans
	Worked during the Second World War at air defense facilities, construction of defensive structures, naval bases, airfields and other military facilities
Federal Law of June 12, 2002 No. 67-FZ “On the Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation”	Proxies of candidates participating in elections, as well as proxies of electoral associations	For the period of office
Federal Law of February 22, 2014 No. 20-FZ “On the elections of deputies of the State Duma of the Federal Assembly of the Russian Federation”	Proxies of a political party, candidates nominated in electoral districts	For the period of office

Let us note: the refusal to grant leave guaranteed by labor legislation and the subsequent disciplinary punishment of employees who went on such leave without the consent of the employer is recognized by the courts and regulatory authorities as unlawful. Thus, Z. went to court with a demand against the Municipal House of Culture and Arts named after. G.V. Kalinichenko" on reinstatement after dismissal for absenteeism. During the consideration of the case, the court found that, based on the decision of the election commission of the municipal district, Z., as an authorized representative of the candidate for the position of head of the district, was issued certificate No. 1 stating that she is an authorized representative of the candidate. The employer was notified about this.

08.08.2014 Z. admitted phone call, she was informed of the need to appear at the administration of the Moscow Region, where she stayed from 13.00 to 18.00. 08/11/2014 Z. filed explanatory note, in which she indicated the reasons for the absence and details of the identity of the authorized representative, and attached a certificate from the administration of the Moscow Region. However, the management of MU still fired Z.

By virtue of Art. 43 of Law No. 67-FZ, during the period of authority of the authorized person, the employer is obliged to give the authorized persons, at their request, unpaid leave. Since such leave was not granted to Z., even though she did not write a statement, but informed management about the need for absence by telephone, the dismissal was considered illegal: there was a good reason for leaving work - carrying out activities related to elections, about than Z. subsequently provided a certificate (Appeal ruling of the Moscow Regional Court dated March 18, 2015 in case No. 33-5980/2015).

FYI

Cases for granting unpaid leave may be established by collective agreement or industry agreements. For example, the Industry Agreement on organizations of the Federal Agency for Technical Regulation and Metrology for 2015 - 2017 gives a woman with a child under the age of 16 the right to one additional day off per month without pay.

To summarize the section, we say that if the employer has provided the number of days of unpaid leave in full determined by law, collective agreement or agreement, then upon a new request during the same year, the employer has the right to refuse such leave to an employee of a preferential category. For example, a disabled employee in April and August 2015 received unpaid leave for 30 days (in total, according to Article 128 of the Labor Code of the Russian Federation, a disabled person has the right to count on 60 days a year). If he asks for unpaid leave again, for example, in November, the employer has the right to refuse to provide such leave and this will not be a violation of the law.

Duration of unpaid leave

How long can unpaid family leave be granted? The Labor Code does not give a clear answer to this question and does not establish restrictions. Therefore, as a general rule, such leave can last a day, a week, several months or any other period that is agreed upon between the employee and the employer.

However, some regulations provide deadline being on unpaid leave. For example, on the basis of clause 15 of Art. 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation,” the duration of leave without pay, provided for family reasons and other valid reasons to civil servants, cannot be more than a year. A similar period is established for unpaid leaves of municipal employees.

Please note

What to do when an employee has several reasons for taking leave without pay, for example, an employee who is retired and disabled, respectively, has the right to 14 and 60 calendar days of leave? Labor legislation does not contain the answer. We believe that in this case the employee has the right to count only on longer leave.

Please note that it is necessary to keep records of unpaid leave for several reasons.

Firstly, as we have already said, this will help the employer justify the refusal to provide leave to employees to whom, as a general rule, the employer is obliged to provide it (Appeal ruling of the Altai Regional Court dated January 22, 2014 in case No. 33-502/2014).

Secondly, the number of days of unpaid leave is important for calculating length of service for the provision of annual paid leave. Let us remind you that according to Part 1 of Art. 121 of the Labor Code of the Russian Federation, the length of service that gives the right to annual basic paid leave includes the time of unpaid leave provided at the employee’s request, not exceeding 14 calendar days during the working year. Vacation time (vacations) without pay exceeding 14 days is not subject to inclusion in the specified length of service.

Failure to include such time is reflected by an increase in the working year by the corresponding number of days, which in personnel records means a shift in the beginning or end of the working year in which leave without pay was used (Appeal ruling of the Krasnoyarsk Regional Court dated March 18, 2013 in case No. 33-2432).

For example, an employee got a job at an institution on March 10, 2015. The duration of his unpaid leave in 2015 was 20 days. Since he was granted more than 14 days of administrative leave, the length of the working year will increase by the number of days exceeding 14 - 6. Thus, the working year will begin on 03/10/2015 and end on 03/15/2016.

We prepare documents

Unpaid leave is provided only at the initiative of the employee (providing such leave at the initiative of the employer - for example, in the event of a reduction in the volume of work - is a violation of labor legislation), that is, the employer needs an application from the employee. The application must indicate the reasons why the leave is necessary so that the employer can accept informed decision, and of course, the desired dates.

The employer can express agreement (disagreement) with the statement by making an appropriate note on it, for example, “I don’t object”, “Agreed”. Based on such an endorsed application, an order is issued to grant leave without pay. For this, the unified form T-6 (T-6a) or a form approved by the institution is used. The order must indicate the type of leave, the number of calendar days of leave and the dates on which it falls.

FYI

Some workers go on vacation without waiting for an order. In this case, if they do not belong to preferential categories for whom leave must be granted, the employer can record absenteeism and apply disciplinary measures up to and including dismissal. For example, the Leningrad Regional Court in its Ruling dated July 3, 2014 No. 33-3394/2014 indicated that the presence of a manager’s resolution on an application requesting additional unpaid leave does not indicate that the employee has reached an agreement with the employer on this issue, since the provision of leave must be formalized by order.

The order for granting leave is signed by the head of the organization or another authorized person (Part 4 of Article 20 of the Labor Code of the Russian Federation). Be sure to familiarize the employee with the order and sign it.

If the institution employs remote employees, unpaid leave for them can be arranged through an exchange electronic documents with enhanced qualified signatures (Parts 4, 5 of Article 312.1 of the Labor Code of the Russian Federation).

And of course, information about unpaid leave must be included in section. VIII personal card.

Is it possible to recall an employee from unpaid leave?

There is no clear answer in labor legislation. But we believe that the employer may well recall the employee from vacation, using, by analogy, the provisions of Art. 125 of the Labor Code of the Russian Federation, regulating withdrawal from annual paid leave. True, with one caveat: the days remaining from administrative leave in connection with recall from it are not subsequently added to any leave and are not provided at any time convenient for the employee during the working year.

In conclusion

As a general rule, unpaid leave is granted for family reasons based on a written application from the employee. But there are cases when the employer does not have the right to refuse to provide such leave. They are determined by the Labor Code, other federal laws, agreements, and collective agreements. In addition, remember that a vacation period exceeding 14 calendar days is not included in the length of service for the provision of annual paid leave. And, of course, do not send employees on leave without pay, that is, do not take the initiative - if during the consideration of the dispute it is revealed that they are forced to take such leave, it is possible that administrative liability measures may be applied to the employer in the form of a fine under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Last modified: June 2019

In case of emergency life situations often have to be absent from work. Salaried employees have the right to ask the employer to provide unpaid leave at their own expense. Depending on social status person and reasons for absence, labor legislation provides a certain amount days that employees can count on, and explains whether leave can be required by law.

Unpaid leave is provided in addition to the main one and, unlike regular rest, requires approval from management, with the exception of some cases when you have no right to refuse. The reasons that are often indicated in the application include important family or personal events and social needs.

How many days can you take

Depending on the status of the employee, the maximum period under the Labor Code differs.

The longest duration, how many days can be taken per year, is provided for working citizens with a registered disability group - 60 days, and for WWII participants - 35 days in 1 year.

For citizens who have reached retirement age and continue to work, the period of agreed unpaid absence from the workplace reaches 14 days.
A similar period is provided for citizens of the following categories who are entitled to leave without pay:

employees who are parents or spouses of military personnel,
representatives of the Ministry of Internal Affairs or the fire service;
representatives of drug control authorities;
customs officers;
persons employed in the penal system (criminal correctional institutions), etc.

In other situations, regardless of the position held, status, work in a certain field, employed citizens are provided by law with the required 5 calendar days to register a marriage, the birth of an heir, or the death of family members.

Other situations are determined on the basis of the provisions of the collective agreement, federal legislative norms, including the Labor Code of the Russian Federation.

When an employer has no right to refuse

In most situations, the employer retains the right to agree or refuse to provide additional days to the employee, however, there are circumstances in which management consent is not required.

Based on Article 128 of the Labor Code of the Russian Federation, vacation at your own expense must be agreed upon in the following situations:

When applying to persons who have reached retirement age but continue to work.
To obtain additional days for the closest relatives of military personnel whose death occurred as a result of the performance of duties (after injury, injury, illness).
If the employee has a disability group.
When advancing important events in life - birth, death, wedding, etc.

The legislation has a number of provisions regarding the provision of leave to employees studying at a university, technical school, college, as well as for the period of admission to educational institutions. More details about the categories of persons having such a right are indicated in Part 2 of Art. 173 and 174 of the Labor Code of the Russian Federation. Condition – training is conducted on the basis of the state educational institution, which has passed accreditation.

If an employee is registered as a part-time worker and is going to go on leave at the main place of employment, the management of the enterprise has no right to interfere with the agreement if the part-time annual leave is shorter than the standard period for the main employer, as established by Art. 286 Labor Code of the Russian Federation.

According to the provisions of Art. 263 of the Labor Code of the Russian Federation, the right to additional days absence from work for a mother raising 2 or more children under 14 years of age alone, or when. The law allows you to receive 14 days at your own expense at the first request of the employee.

Can management insist on going on leave without pay?

The main document on which further processing takes place is the employee’s statement with or without indicating the reason (if provided by law).

Management does not have the right to prohibit rest if the right to it is defined by law. For other cases, the consent of the administration is required, which will consider the application taking into account the reasons specified in it. If a longer period is requested or production needs require the presence of a person at the workplace, the manager has the right to reject the request.

Vacation at one's own expense should be distinguished from another type, when an enterprise compulsorily places employees on administrative leave when the volume of tasks performed by the organization decreases. In this case, different standards for calculating payment apply, since absence from work will be recorded as simple, with payments in the amount of 2/3 of the official salary.

How to register

To go on unpaid leave, you must follow the procedure for taking leave at your own expense and document the event:

The employee draws up an application addressed to the head of the organization. The text reflects the reason for the impossibility of being present at the workplace for a specific number of days. Some organizations have their own internal forms, in which you only need to enter personal information and indicate the reason.
The written document is submitted to management for review. It is important that the application contains an approval visa, which will allow the employee’s legal absence to be perceived as absenteeism with subsequent disciplinary action.
To avoid misunderstandings, it is necessary to control the issuance of an order to provide several days at your own expense. The order is signed by the director of the enterprise.

If circumstances change, the citizen has the right to return and begin work duties ahead of schedule; the accounting department, at the same time, recalculates the number of days worked per month. Early recall from an agreed leave at the initiative of the employer is possible only with the consent of the employed citizen.

Vacation documents

There are three types of documentation related to unpaid leave:

Statement. Compiled in free form, using a sample application, or on a special form developed within the enterprise. Mandatory details must include: full name of the manager in whose name the appeal is written, full name of the employee, reasons and grounds according to the law. The document is valid only after signature by the applicant indicating the date.
The documents attached to the application will allow you to quickly obtain permission from the employer. Depending on the reason, the applicant encloses a certificate of the death of a relative, the designated date of marriage registration, and the birth of a child.
Director's order in form T-6. After receiving visa approval, an order is issued on temporary release from duties for an agreed period. Responsible employees are required to familiarize the applicant with the order, which is confirmed by the signature. In the absence of this document, the personnel service has the right to dismiss the absent employee for absenteeism or punish in another way.

How is vacation at your own expense reflected in internal documentation?

In the event of an agreed absence from the workplace without payment, the accounting department and the human resources department are required to make appropriate changes in the reporting:

put a mark on the personal card in the T-2 form;
reflect the absence of a person in the T-12/T-13 time sheet in the form of a coded entry.

Depending on the grounds for providing additional days of rest, the following designations are entered in the working time sheet:

“ML” in the presence of circumstances provided for by law;
“DO” - by agreement with the management of the enterprise;
“UD” in case of absence from work due to study;
“DB” when providing regular additional rest.

What does it affect?

Using the right to additional days, the employee loses earnings for the period of his absence, i.e. he retains his position, but no salary is accrued for the specified period.

As a result, the indicators for the amount of earnings and length of service, often used by accounting departments when calculating payment for sick leave, may change.

When intending to use the right to unpaid leave, it is necessary to take into account that if the employee is absent from work for more than 2 weeks, the employee loses part of his seniority when the next regular leave is subsequently calculated.

For example, if a person was absent for 21 days, then only 7 days will be deducted from the length of service (14 days are not taken into account).

Some employees are worried that their employer will not fire them while they are away from work due to unpaid leave. Such fears are unfounded if management previously agreed on the employee’s departure and the latter does not express a desire to resign on his own. Terminate labor relations during the period of vacation, including unpaid leave, they can only on the initiative of the person or mutual agreement between management and the employee (see Articles 78, 80 of the Labor Code of the Russian Federation). The only exception is the termination of the employer’s activities (liquidation).

Annual leave is associated with the need to rest from labor activity, however, it is often not enough to resolve other issues (wedding, studying at a university, etc.). In this case, it is appropriate to use the legal right to additional unpaid days, while maintaining workplace. If the employer refuses to release the employee if there are compelling reasons and legal grounds, the citizen has the right to contact the supervisory service for compliance with labor laws. Before contacting management, check whether the employer can refuse leave in accordance with the provisions of the Labor Code of the Russian Federation.

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