The article presents a complete list of valid reasons for granting leave without pay, and discusses possible grounds on the initiative of the employee and the employer.
Registration of leave without pay is regulated by the norms of Article 128 of the Labor Code of the Russian Federation, which identifies categories of citizens whose request for time off cannot be rejected, as well as extenuating personal circumstances accompanied by the need to apply for leave.
The concept of unpaid leave implies the release of a specialist from performing his job functions for a certain period by agreement with the company’s management, while compensation for rest is not provided.
What is hidden under the definition of leave without salary?
Paid annual leave is provided for a period of 28 days (in some organizations leave is provided for up to 40 days).
The need for unpaid leave arises in various life situations. For example, an employee is an athlete and must compete at regional competitions.
It is not advisable to refuse employees for good reasons.
According to the law, guarantees are maintained to the following extent:
- It is impossible to fire a worker who is on the weekend, regardless of whether it is paid or not. The exception is cases of liquidation of the company;
- the position during such days off is assigned to a specific employee;
- Pregnant women have the right to take maternity leave and claim tax deductions.
How to make money while on maternity leave?
The considered rules are enshrined in the Labor Code of the Russian Federation.
The disadvantages of taking leave without pay are:
- lack of income;
- the insurance period is not replenished;
- lack of opportunity to receive sick leave.
These are just the main disadvantages to keep in mind.
Important: it is recommended to take extra days off only if there are compelling circumstances. This is due to the peculiarities of calculating payments and calculating the insurance period.
If the initiator is an employer
Leave without pay is granted on the basis of a corresponding application submitted by the hired worker, indicating compelling reasons.
If an employee does not have the right by law to count on this type of rest, then companies must act on the basis of the Labor Code of the Russian Federation.
By prior agreement between the parties, the duration of unpaid days can be established. For example, a collective agreement may provide for a maximum duration for each individual situation.
In some cases, the employer himself initiates the leave - a necessary measure due to production downtime. Then a rate of 70% of the salary should be charged.
Gribenyuk M. works at PJSC Proletary as an engineer. Due to forced production downtime, he must stay at home for 10 days.
During this time, he should have been officially awarded 10 thousand rubles. However, in his situation, only 70% is charged, which is why he will only be paid 7 thousand rubles.
Companies do not have the right to force unpaid days.
If this fact exists, it is necessary to file a corresponding complaint with law enforcement agencies and the labor inspectorate in order to hold the employer accountable for the unlawful actions of the employer.
According to the Administrative Code, administrative liability in the form of a fine is:
- for officials – a fine of up to 5 thousand rubles;
- for the company – a fine of up to 50 thousand rubles.
In the event of a repeated violation, the organization’s activities may be suspended for up to 3 calendar months.
If the initiator is an employee of the enterprise
The procedure for drawing up the corresponding application already indicates that the initiator is an employee. This is especially true in the case of preferential categories of citizens (for example, working pensioners), who are entitled by law to additional unpaid days.
In this case, the employer does not have the legal right to refuse to provide free leave for a certain period.
Moreover, if there are compelling reasons, for example, registration of marriage, the company management also does not have the right to refuse.
Can management call an employee to work early?
Current legislation does not regulate this issue in any way. However, there is an opinion that you can call an employee from extraordinary leave in the same manner as from paid leave. It is established in Art. 125 of the Labor Code of the Russian Federation and states that in order for a person to return to work, his personal consent is necessary. Coercion in this situation is illegal.
REFERENCE. If a person returns to work early, the remaining days cannot be added to another vacation or provided to him in the form of days off and days off.
Reasons for calling
The law does not provide for circumstances for calling employees to work early. The management of the enterprise can only ask them to begin their official duties earlier. However, managers do not have the right to demand this, nor do they have the right to impose penalties in case of non-compliance with their demands.
If family or other compelling circumstances arise, each employee can agree with their superiors on the registration of extraordinary unpaid leave, and for absolutely any period.
Disabled people, pensioners, students, veterans and relatives of deceased military personnel have the right to be released from work upon request. In all other cases, the employee and his supervisors must reach an agreement.
Who can count on receiving unpaid leave?
By law, any employee can take administrative leave without pay.
Is it possible to take vacation in advance?
In order to complete it, it becomes necessary to draw up a corresponding application addressed to the company’s management, indicating the grounds and copies of supporting documentation (varies depending on the specific situation).
How long can you take leave without pay?
If the duration of rest at your own expense is provided according to previously reached agreements between the parties, then the reasons for leave without pay in this case may play a key role.
At the legislative level, the minimum period is 1 day.
For beneficiaries, the number of days depends on the status.
For example, disabled people are entitled to a maximum period of leave without pay of 60 days.
It all depends on who (what category of citizens) is entitled to leave without pay based on the allocated benefits.
When can I apply for 5 days?
The grounds that give the right to count on a 5-day vacation are:
- marriage registration;
- the birth of a child;
- death of a relative.
Additional reasons include the discovery of a serious illness or the need to take exams.
Features for disabled people
Employed disabled people are described in detail in Article 128 of the Labor Code of the Russian Federation. It specifies the provision of days off at their own expense every year for this category of beneficiaries for a period of up to 60 days.
It is for this reason that the provision of a 5-day day off is carried out on a general basis.
We are talking about the need to draw up an application for leave without pay.
For pensioners
Pensioners can count on days off without pay. This right is established for them by the Labor Code of Russia.
The duration of unpaid leave is 14 days.
They don't let me go on vacation - what should I do? Types of leave and procedure for granting
At the same time, employers do not have legal grounds for deciding to refuse to exercise such rights by employed old-age pensioners.
In case of unlawful refusal, you should file a complaint with the inspectorate.
What the law says about part-time workers
The Labor Code makes it possible to take leave without pay at the same time as annual paid leave, which is taken out at the main job.
There are often situations in which the duration of vacation at the main job is 28 days. In this case, it becomes necessary to calculate the days of additional unpaid days off.
The maximum duration of unpaid leave depends on the specific situation.
In case of combination with education
Leave without pay is granted on the basis of Art. 173 and 174 of the Labor Code of the Russian Federation.
In this situation, an unpaid day off may be granted:
- for the purpose of passing entrance exams;
- during the session and passing state exams.
To receive it, you must provide documentary evidence from the educational institution.
If the organization has only one employee
Often a company has only one employee - its director. Does he have the right to take vacation at his own expense? Yes, it is quite. There are no legal restrictions. However, this process has its own nuances.
Before the director goes on such leave, he must be appointed. O. manager - temporarily performing his duties, vested with the right to sign. After all, a company cannot operate without a leader. It must pay taxes, submit various forms of reporting and conduct business activities, which must be recorded and documented.
When an employer does not have the right to refuse to provide leave
What it means to leave without pay has already been discussed above. Additionally, you need to know when employers cannot legally refuse.
In this case, we are talking about preferential categories of citizens who, by law, are entitled to an additional day off.
Among them are:
- pensioners;
- disabled people;
- veterans;
- participants in hostilities.
The full list of beneficiaries is specified in federal legislation.
Design mechanism
How to apply for leave without pay is detailed in the Labor Code of the Russian Federation. The mechanism of action looks like:
- Drawing up a corresponding application.
- Submit together with documentary evidence of good cause to the employer.
- After this, an Order for leave without pay is generated.
It follows from this that when answering the question of how to take leave without pay, we can say that you need to follow a simple algorithm: drawing up and submitting an application; coordination and formation of the Order; vacation.
What to write in an application for unpaid leave
Russian legislation does not provide for a unified form of address.
Application for unpaid leave sample includes:
- Full initials;
- Grounds;
- Duration. How to calculate unpaid leave is quite simple. For example, if you need to apply for 2 days, you can take it before the weekend, then it will automatically increase, unless the person works shifts;
- Date of compilation.
A personal signature is required.
Example of an application for unpaid leave
What documents will be required
The list depends on the situation, for example, the death of a close relative is confirmed by an appropriate certificate.
Recalling an employee from leave due to production needs
At the birth of a child - documentary confirmation issued by the maternity hospital staff.
You must provide a copy of the document.
Formation of an order from the employer
A sample Order for leave without pay is provided for in separate articles of the Labor Code of the Russian Federation.
A document is drawn up in form T-6 and presented for signature for review.
After this, the Order is transmitted to the accounting department and personnel department employees.
Sample Order for leave without pay
What marks are placed on the personal card and time sheet?
In practice the following are used:
- OA – provided in accordance with the law;
- DO - with the permission of the employer;
- UD - getting an education.
A DB mark may also be given, which means additional annual holidays are provided. In essence, this is identical to ML, but there are still some differences.
HR department employees often combine OD and DB together. Eg. supply only OD or vice versa.
If due to forced production downtime.
During the period of forced production downtime, the employee must receive a rate of 2/3 of the fixed amount.
If you receive a smaller amount, you must file a complaint with the inspectorate.
Is it possible to book a vacation at your own expense retroactively?
To provide an employee with unpaid leave without salary, the head of the organization must issue an order, often drawn up according to the T-6 template.
The applicant employee is obliged to familiarize himself with this administrative act and put his own signature on it.
Thus, issuing this order retroactively may result in the imposition of an administrative fine on the employing organization (legal entity) and on the manager himself (official). Proper liability is stipulated by the provisions of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
What does unpaid leave affect?
In the case of registration of the type of vacation in question, the hired employee is not accrued an officially established rate, but at the same time he is listed on the staff of the enterprise.
It follows from this that the duration of rest affects values that are directly related to the level of monthly income and the total amount of length of service worked.
Moreover, unpaid days off may affect the amount of, for example, sick leave.
How to count vacation in your seniority
It is extremely important for all citizens that the total amount of unpaid days for the reporting calendar year does not exceed several weeks, since in this case this rest counts towards the insurance period.
In case of rest in excess of the established limit, the period missed at work will be removed from the length of service.
Calculation of payments for temporary disability
In order to determine the amount of the required benefit for compulsory social insurance, it is extremely important to calculate the value of the rate for 1 day, and for the last few years.
Additionally, it is necessary to remember that non-working holidays should be excluded from this calculation.
Procedure for calculating average income
Unpaid and sick days must be excluded from the calculation.
Calculation of compensation for unused vacation upon dismissal
For employees, this state of affairs is beneficial, since the average income will be significantly higher.
Pension and insurance period
The procedure for calculating the total amount of insurance coverage in the event of retirement is completely similar to that provided for the purpose of determining the actual time worked for calculating payments when going on official paid annual leave.
In other words, if the total period of rest time is less than two weeks per year, then the specified time must be included in the total insurance period of a particular person. Otherwise, it becomes necessary to subtract the difference.
There are no complications in this calculation procedure, which reduces the likelihood of misunderstandings between the employee and the employer to a minimum.
