How to correctly reschedule vacation at the request of an employee?

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Published: 05/29/2016

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Even the vacation date approved in the schedule can be postponed if the need arises. Plans go wrong far more often than they come true.

But it should be understood that the vacation schedule is a document created and approved in accordance with labor legislation, therefore changes must be made to it legally.

• Types of vacations and rules for transferring them Vacation at your own expense (without saving your salary)
• Maternity and maternity leave
• Holiday to care for the child

Transferring family leave

The legislation provides for the possibility of postponing leave for family reasons if the employee has not yet been paid as vacation pay, and also has not been notified of the imminent time of rest. The employer has every right to establish his own procedure for replacing vacation time in the organization, based on reasons that are considered valid.

Family circumstances are not a valid reason for changing the vacation time, however, in some situations, the organization’s management may accommodate the employee halfway if circumstances force him to take urgent leave. An example of such a situation could be a sudden illness of a close relative or one’s own disease, which is difficult to cure and leads to disability of the citizen in the future or today.

It will not be possible to obtain the right to change the start date of vacation due to one’s own wedding or the wedding of relatives, since these are not serious and compelling circumstances, and if the collective agreement allows employees to take unpaid leave for several days due to such celebrations, then the employee can take namely time off, without touching or changing annual paid leave.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the priority of vacations is provided based on the appropriate schedule, which is adopted no later than two weeks before the new calendar year. At the same time, execution of the schedule is mandatory for each party to the labor relationship, therefore any changes to the existing plan must be formalized by mutual agreement of the parties.

How to take leave at the initiative of an employee - stages of the procedure

The procedure for registering a transfer at the employee’s initiative is divided into several stages.

Let's look at how vacation is arranged:

Stage 1. Completing a personal statement

The employee must submit a written request to the secretary - or directly to the employer. The document should indicate the reason for the transfer and the timing.

It is better to discuss the transfer period in advance with your superiors, agree on it, and then include it in the application.

The appeal can be submitted in any form . The main thing is that the request and the reasons for the transfer are indicated.

Example:

Stage 2. Approval of the Order

Next, the leader will act. He must issue an Order in Form No. T-6. This document is important because it is the one that will approve the transfer.

Example if the entire vacation is postponed:

Example, if part of the vacation is postponed:

The order must be signed by the head of the company and the head of the department.

Stage 3. Making changes to personnel papers

A HR specialist, accountant or company manager must make changes to personnel documentation.

Innovations must be recorded in the vacation schedule in the T-7 form. The basis for the transfer must be written down - this is the Order, its number and date of signing, as well as the date of the future vacation.

The timesheet also changes.

Example of changes made:

Stage 4. Familiarization with the Order

The employer must familiarize the employee with the transfer against receipt .

It is better that in the Order itself, at the end, it is written that the employee has read the document and has his signature.

Transferring vacation to next vacation

The law prohibits transferring vacation to the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

In such circumstances, it is possible to postpone vacation, but only if both the employee and the employer agree to such changes, and this will not cause any difficulties or problems for the organization as a whole.

If circumstances arise that require a change in the start time of vacation, an increase in the duration of vacation is allowed if the employer and employee jointly determined such a decision as the most beneficial solution for both parties.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

1. Notifying employees at least two weeks before the start date of the vacation.
2. Payment of vacation pay no later than three days before the start date of the vacation.

If any of the conditions are not met, the employee cannot be sent on vacation.

Registration of transfer (employee application and employer order)

How to arrange the transfer of vacation at the request of an employee? First of all, the employee must express his wish for the transfer by submitting a statement to the employer about this. Such a statement does not have a set form, but it is obvious that it must contain:

• details of the applicant (full name, position, name of the unit that is the place of work, personnel number);
• a statement of the essence of the issue (i.e., a request for a postponement, indicating the reason for this and the timing by which the start of the vacation should be shifted);
• date of compilation and signature of the submitter.

For information on how an application for transfer can be completed, read the article “Application for transfer of leave - form and sample.”

When deciding to satisfy the request of the applicant, the employer issues an order to postpone the vacation at the request of the employee. The main part of this document will duplicate the content of the employee’s statement, presenting his request in an affirmative manner.

A sample order for transferring vacation can be downloaded from the link below.

The order will become the basis for making changes to the vacation schedule and the employee’s personal card.

Find out how to reschedule your vacation in the vacation schedule here.

Transferring vacation to next year

Annual paid leave cannot be replaced either by a compensation payment, except in cases of dismissal of employees, or by transferring the rest period to the next year. However, like any rule, this norm has exceptions.

Vacation appointments are regulated in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year. An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins working. The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is clarified that leave can be granted at any time of the working year, regardless of the “convenience” or “wishes” of the employee of the enterprise.

If, due to some serious circumstances, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time over the next 12 months, as well as combined with the vacation of the next working year in full or in part.

It is impossible to replace a vacation not taken with compensation, so you can only take it off. It is allowed to go on vacation several times a year if the employee thus uses all rest days in full. Payment of compensation is allowed only for that part of the vacation that exceeds the 28 calendar days established by law.

Grounds for the obligation to extend or reschedule vacation

The employer is obligated to extend or postpone vacation in cases where the vacation period coincides:

• with sick leave (but only the employee himself, and not his family members);
• the period of performance by the employee of state duties requiring release from work;
• other situation provided for by law (including local regulations).

By agreement with the employee, the vacation is either extended by the number of days unused by him for the above reason (the reason must be documented, but no other papers will be required), or transferred to other days (in this case, an application from the employee is required indicating the specific period).

Another obligatory basis for the employer for postponing vacation at the initiative of the employee is the violation of one of the deadlines that is important for the vacation (warning the employee about its start or payment of vacation pay). In such a situation, an employee is given the right to demand the transfer of rest time to another period (Article 124 of the Labor Code of the Russian Federation).

How to transfer a vacation

The transfer of leave is formalized upon submission of a corresponding application from the employee or upon issuance of an order of the same name, when the date of leave changes at the will of the employer. In this case, only the employer bears responsibility for the unlawful use of the opportunity to transfer vacation without the will of the employees.

Employees of the organization have the right to receive the following types of leave:

1. Annual basic and additional, which are provided due to the employee completing one working year at the enterprise.
2. Study leave, which is most often granted to student workers for a session or exams.
3. Maternity leave, which is leave for medical reasons, which includes periods of rest for the employee in the period before and after childbirth.
4. Child care leave granted until the child turns three years old. The legislator specifies that the employee can leave it at any time convenient for himself, as well as extend his vacation for a short period.

It is impossible to replace vacation or transfer it to certain categories of employees, as this is prohibited by mandatory legislation.

Such employees include the following categories of citizens:

• workers who are employed in hazardous and hazardous industries;
• workers who have not reached the age of majority.

The employer will not be able to change the vacations of such employees even if they apply and request, since this norm of labor law is mandatory and is subject to full execution in accordance with the law.

Transfer of vacation period at the request of the employee

It happens that an employee cannot go on vacation at the time established for him according to the vacation schedule due to certain current situations. One option in this case may be to transfer vacation days to another time period.

This possibility is regulated by Russian labor legislation, Federal Law No. 197 of December 30, 2001 (last amended on October 11, 2018).

It is worth noting that the vacation period can be postponed either at the request of the employee himself or at the initiative of his employer.

Cases for transferring annual leave

Postponement of the vacation period at the request of the employee is a legal possibility. Thus, this rule is regulated by Article 124 of the Labor Code of the Russian Federation “Extension or transfer of annual paid leave.” Based on the information contained therein, the employee has the right not only to postpone, but also to extend the vacation. In this case, the new time for providing paid days off is selected by the head of the organization, taking into account the opinion of the employee. Thus, the exercise of this right is possible when one of the following situations occurs:

1. Obtaining temporary disability by a citizen . In this case, Russian law regulates the onset of illness directly in the employee of the enterprise, and not in his relative or family member. In this case, the employee must notify his boss about the onset of illness and write an application either to change the duration of the vacation period or to extend annual leave by the number of days indicated on the sick leave. In the situation of an employee caring for a sick family member, according to current legislation, the vacation period is not extended or transferred to another period. Such an action is possible only with the agreement of the employer or subject to the inclusion of this item in the local regulatory documents of the enterprise.
2. Fulfillment of state duties requiring the release of an employee from work . Such situations include a citizen undergoing military training, serving as a juror in a court hearing, or working as an election commission employee. This list of state duties can be expanded and supplemented if, when performing such tasks, Russian law provides for exemption from work at the enterprise.
3. Delay in payment of vacation funds before the start of the vacation . According to Article 136 of the labor legislation, funds for the vacation period must be paid to the employee no less than three days before the start of the vacation. In the event of an untimely settlement between an employer and an employee, the latter has the legal right to write a written statement demanding that the established vacation period be postponed to another time.
4. Delay in notifying an enterprise employee about the upcoming vacation period . This condition is regulated by Article 123 of the Labor Code of Russia. According to the information provided in it, the head of the enterprise is obliged to notify the employee about this no later than two weeks before the start of the paid vacation against signature. In case of untimely notification, an employee of the enterprise also has the right to draw up a written application to transfer the main paid leave to another period. At the same time, according to current legislation, the employee’s boss is obliged to fulfill his request and move the vacation period to another time, which is selected in agreement with the citizen.
5. Other cases for moving vacation days to another period are regulated by this Labor Code of the Russian Federation, as well as other regulatory documents.

All of the above situations are a legal basis for moving annual basic leave to another period at the request of the employee and at his personal request.

However, labor legislation provides for other cases when the employer, on the personal initiative of the employee and at his request, is obliged to transfer paid vacation to another period:

1. Article 122 of the Labor Code of the Russian Federation provides for the provision of vacation days at the request of minor employees (this right is also regulated by Article 267), employees who have adopted a child before he is three months old, women before and after maternity leave (additionally, Article 260 of the Labor Code of the Russian Federation). Moreover, this right for these categories of persons arises even before the expiration of continuous work for a period of 6 months.
2. Article 123 of the Labor Code of the Russian Federation allows the receipt of vacation days at any time at the request of an employee whose wife is on maternity leave.
3. Article 260 of the Labor Code of the Russian Federation , in addition to providing rest before and after maternity leave, regulates the receipt of vacation days at the request of the employee at the end of parental leave.
4. Article 262.1 of the Labor Code of the Russian Federation regulates the receipt of basic leave during any period at the initiative of a citizen if he has a disabled minor child.
5. Article 262.2 of the Labor Code of the Russian Federation allows taking leave at any convenient time at the request of the employee if he has 3 or more children under the age of 12 years.
6. Article 286 of the Labor Code of the Russian Federation allows a person working part-time to take a vacation period at any time that coincides with the provision of annual leave at the place of his main job.
7. Clause 5 of Article 14 of Law No. 1244-1 allows the use of vacation days during any period by persons who have suffered or have radiation sickness, and disabled people injured as a result of the accident at the Chernobyl nuclear power plant.
8. Federal Law No. 5 regulates the receipt of leave during any period at the initiative of an employee who is a participant in the war, a disabled war veteran, a combat veteran, or a survivor of the Leningrad siege.
9. Article 11 of Federal Law No. 76, paragraph 11, allows wives of military personnel to receive vacation days on their initiative during the husband’s vacation period.
10. Federal Law No. 4301-1, Article 8 regulates the provision of rest at any time at the request of workers who are heroes of the USSR, the Russian Federation and full holders of the Order of Glory.

All of the above cases for postponing the main vacation period are mandatory for the employer if this desire of the employee arises, regardless of the established vacation schedule.

Cases for refusing an employee to transfer vacation days

All other cases for transferring paid vacation days that are not included in the above situations are not mandatory for execution by the head of the enterprise.

So, for example, in the case of a difficult financial situation, illness of a child or other family member, or other family circumstance, the transfer is carried out solely with the consent and desire of the employer.

In the case of good and stable labor relations, the parties can agree on the timing of the transfer of leave, which will suit both parties.

Order to postpone vacation

To apply for a transfer of leave, a corresponding application must be received from an employee of the organization or compelling circumstances must arise at the enterprise that preclude the departure of any employee during a certain period. In each case, a corresponding order is issued.

The document must contain the following information:

1. Name of company.
2. Information about the head of the enterprise.
3. Title of the document.
4. Grounds and reasons for postponing vacations.
5. Responsibility for rescheduling vacations.
6. The person who must create an updated vacation schedule if this is not done by the employer.
7. Signatures for familiarization with the document of all participants in the order.
8. Date of compilation and signature of the manager.

The law establishes that the employer has no obligation to draw up such an order, however, drawing up such a document may be convenient for the further conduct of business at the enterprise. This way you can avoid confusion and loss of necessary documents, as well as protect both parties from illegal actions.

Transfer conditions

According to the law, either the entire period or part of it can be transferred. For example, a person was on legal vacation from April 1 to April 14, but fell ill on the 10th. There is documentary evidence that he was on sick leave. Thus, the last five days covered two legal periods of incapacity. At the request of the employee, the employer must either extend or transfer the vacation to the next calendar year, if this does not contradict the law and there are no other unused days.

If vacation is reduced or canceled at the initiative of management, then the employee has the right to choose any other time for vacation. Even if because of this the management has to look for a replacement for the employee and completely rearrange the schedule, they cannot issue a refusal to the employee. Since in this case the reason for postponing the vacation is the need of the company.

Application for transfer of vacation

An application from an employee to postpone vacation is drawn up in free form, but it must fully reflect the situations in which there is a need for “shifts” in the established rest schedule of the organization’s employees.

The application must:

• be drawn up in the name of the head of the organization;
• have personal information about the employee, as well as his position;
• contain a request to postpone vacation;
• establish a valid reason for rescheduling vacations, since the wording “for family reasons” is not valid;
• contain the date and signature of the applicant.

The application must be submitted to the employer or other authorized person under the appropriate signature. It is best to draw up the document in two copies, one of which the employee can keep for himself, with the signature of the manager confirming the acceptance of the document for consideration.

What to do if the employee’s rights were violated when rescheduling vacation?

Many workers have this question. We will answer what needs to be done if the rights to transfer vacation were violated and the employer refused:

Step 1. Negotiations with management

Try to talk to your manager and find out why you can’t reschedule your vacation.

If there are real reasons, ask them to eliminate them.

Please note that the employee has the right to go on vacation according to the schedule if he is denied a transfer, and receive the due compensation.

Step 2. Receive a written refusal from management

You must receive a response in writing if you submitted your application in writing.

Step 3. Submitting a complaint to the state labor inspectorate

There is a branch in almost every city in Russia.

Find out where the labor inspectorate is located and write a written complaint. Submit it along with a copy of the refusal received from your supervisor.

Step 4. Submitting a complaint to the Prosecutor's Office

Please also attach a written refusal from your superiors to your application.

If the labor inspectorate delays with the question, you can send a complaint to the Prosecutor's Office without waiting for an answer.

Reasons why vacation is postponed

In this case, it is approved directly by the employer, except for a number of cases in which he does not have the right to refuse the employee.

Here's who you can't refuse to change your vacation dates:

• the adoptive parent of a child who has not reached 3 months (under Article 122 of the Labor Code of the Russian Federation);
• when combined (to coincide with the main work);
• victims of the consequences of the Chernobyl accident, as well as liquidators;
• irradiated during testing at the test site (Semipalatinsk);
• honorary donors of the Russian Federation;
• war participants, veterans, disabled people, as well as those who, due to their duty of service, were forced to be in the territory where hostilities took place, those who underwent military training or worked in the field of defense during the Great Patriotic War.
• husbands and wives of military personnel who are entitled to leave at their place of duty;
• employees of internal affairs bodies who, due to official duties, were unable to go on legal leave as scheduled;
• Knights of the Order of Labor Glory, Heroes of Labor or Socialist Labor;
• full holders of the Order of Glory, Heroes of the USSR or the Russian Federation.

The employer does not have the right to refuse to change vacation dates for certain categories of citizens

In any other cases, the employer has the right to either agree to postpone the vacation at the employee’s initiative or refuse. If the employer has no objections to the shifting of dates on the merits, but the parties do not agree, it is necessary to agree, arriving at a compromise solution that will suit all parties (both the employee and the employer).

Note ! _ In the event that an employee needs sanatorium-resort treatment, with the opportunity provided by the trade union (a voucher has been received), the employer undertakes to agree to postpone vacation dates or provide unpaid leave in the event that paid leave has already been completed for this year.

Accounting for holidays

Vacation is calculated in calendar days, and payment for weekends and holidays is not provided. They are transferred and added to the used ones.

Example: the weekend was taken at the end of April, the rest period was a week, and you urgently need to return to work - the May holidays will not be transferred to another selected vacation date.

If there were holidays during the vacation, it is extended

Note ! _ When transferring, it is necessary to prepare documents indicating new terms that will be paid legally. There are not so many official non-working days in the Russian Federation; accordingly, only two months per year are unprofitable in financial terms.

How does vacation affect your schedule?

At the beginning of December each year, as a rule, the schedule of the main rest of employees is approved and, if necessary, the transfer of vacation.

It is necessary that the employer, when moving vacation dates at the initiative of the employee, makes appropriate changes to this act - usually, if the employer does not want to assist the employee in vacation matters, this may be related precisely to this point.

Article 123 of the Labor Code of the Russian Federation

It is necessary to take into account that rescheduling vacation at the request of an employee may also shift the vacation schedules of his colleagues as well - therefore, it is important to obtain the consent of everyone affected by this situation.

Note ! _ When drawing up a vacation schedule for the next year, it is extremely important to make sure in advance that it is possible to change this document so that it is possible to timely approve the schedule within the designated time frame.

There are no clear regulations in the legislation that would cover how vacation can be rescheduled. There is only a resolution dated 01/05/2004 in the State Statistics Committee - it states that if the vacation is shifted to another time, agreed upon with the employee and his superiors, then the corresponding changes are entered into the schedule with the permission of the employee who approves it, or other persons authorized for such actions.

If vacation is shifted, this should be reflected in the schedule

As a justification on a legal basis, a document drawn up in any form, such as an order, memo or statement, is used.

Who should not be denied a change of vacation dates?

There is a list established by law of categories of working citizens whose requests to postpone vacation must be satisfied regardless of the circumstances:

• part-time workers (can have vacations at two jobs simultaneously);
• minor workers (provided for in Article 267 of the Labor Code);
• women planning to go on maternity leave;
• employees whose activities are associated with occupational hazards;
• men whose wives are on maternity leave;
• employees who took custody of children;
• wives of military personnel have the right to leave with their husbands;
• disabled people and combat veterans.

Excerpt from Article 122 of the Labor Code of the Russian Federation

Other options to reschedule your vacation

There is a so-called production necessity - this includes situations where the absence of one or another employee can have an extremely negative impact on the work of the company. In this case, the employer has the right to leave the employee to work for the required period without sending him on vacation.

A few words about the responsibilities of the employer:

1. Provide leave for a year after the end of the year in which the leave that was canceled was due.
2. Preventing the absence of vacation for more than 2 years in a row (except for cases when an employee works in a hazardous workplace - such employees are required to have a vacation every year).
3. Obtain the employee’s written consent to shift the vacation date to the next year if a forced shift occurs.

An employer has no right not to give leave to an employee for more than two years in a row.

Note ! _ New dates for annual leave are established by agreement between the employer and the employee of the organization.

Very important information: it is necessary to distinguish between a shift in vacation dates due to the emergence of a production need and a recall from an existing vacation - these two situations are of a different legal nature. In the second situation, those vacation days that are not used can be provided at any time that the employee chooses.

Preparation of documents

To avoid any difficulties, it is necessary to carry out the correct processing of the transfer of vacation. There is a certain fairly strict procedure, in which point number one is the initiator of the shift in vacation dates, and on this basis the order is issued.

Note ! _ No additional documents or certificates are required, but only a motivational basis (also known as a statement) is needed.

You need to write an application to reschedule your vacation

If the employer initiates the transfer of leave, then his orders cannot have legal force if the employee does not agree with these conditions.

It is necessary to prepare an application that will be submitted simultaneously with other required documents - this is the basis on which certain actions are performed.

Note ! _ If the application is granted, the vacation dates are shifted (this is provided for in Article 114 of the Labor Code of the Russian Federation).

What must be indicated in the application:

• the corresponding addressee (manager);
• last name, first name and patronymic of the applicant;
• reason for the application (“Please reschedule...”);
• basis with a description of the reason;
• date and signature.

Example of an application for rescheduling a vacation

In order for the employer’s initiative to be legalized, you can write a memorandum with a request to postpone the vacation due to certain reasons (the name of the employee and the timing of the transfer are indicated). It is important to follow the relevant details. If the exact date has not yet been established, then a proposal may be made to formalize new dates when approving the vacation schedule for the next year.

Note ! _ In the same way, the employee’s consent is drawn up in the form of an application, where the details are also indicated in detail (“I agree...”, hereinafter the terms of the transfer).

The employer has the opportunity to recall an employee from leave in the form of an offer. You can contact the employee directly indicating the reason why the vacation will be interrupted, as well as the remaining time that the employee can transfer to another year or any time that suits him. In any case, the employee’s documented consent to such a transfer of vacation dates is required.

If the date of vacation must be postponed in the event of certain production needs arising (provided for by the third part of Article 124 of the Labor Code of the Russian Federation), then the application must contain wording of consent to such actions.

Excerpt from Article 124 of the Labor Code of the Russian Federation