Sometimes it may be necessary to receive an extraordinary day off without pay. To do this, you need to document a pass at the workplace, otherwise it will be counted as absenteeism. The so-called vacation “at your own expense” refers to a special type of vacation. At the same time, the manager has the right in some cases not to allow him to go on vacation, in others he does not have the right not to allow him to go on vacation.
Purpose of the document
Article 128 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) states that the manager has the right to release an employee without accruing wages for a time determined by agreement between the parties “... for family and other circumstances...” based on the application submitted by the employee.
To receive a day off at your own expense, you need to write a letter addressed to the head of the company, which will indicate the purpose of such a day off. It must be borne in mind that a day off without pay is permitted only in the presence of extenuating circumstances, and the boss does not have the right to ask a subordinate for additional materials.
The application is drawn up according to the generally accepted form of official documents, signed personally by the applicant and given to his superiors for a decision. Only after a positive decision by the head of the company, expressed in an order, does a subordinate have the right to take a day off.
Legal regulation
The Labor Code of the Russian Federation stipulates different types of days off. One of them includes leave without pay, which is regulated by Article 128 of the Labor Code.
Such a day off can be allowed in 2 situations.
- In the first - if the manager, having assessed the circumstances in the institution, allowed him to get a day off.
- In the second - when the manager does not have the right not to grant a day off without pay.
Article 128 of the Labor Code of the Russian Federation displays a list of employees to whom the boss does not have the right to refuse leave at his own expense, namely:
- Participants of the Second World War.
- Employed pensioners who retired due to old age.
- Close relatives of military personnel.
- To employees of the Department of Internal Affairs.
- Employees of fire-fighting federal structures.
- Customs officers.
- To employees of the penitentiary sector who were injured while performing their duties.
- Employed disabled people.
- For employees, upon the birth of a child, upon marriage, upon the death of relatives.
In addition to the presented list, Art. 173 of the Labor Code of the Russian Federation gives the right to a day off without payment to applicants for entrance exams at universities, as well as applicants to preparatory departments for passing certification.
The same rule regarding the provision of unpaid days off is implemented when combining work activity with the acquisition of secondary technical education. The norm is regulated by Art. 263 Labor Code of the Russian Federation. Here such leave is provided to single parents with children under 14 years of age, parents of disabled children whose age does not exceed 18 years, as well as parents supporting 2 or more children whose age does not exceed 14 years.
Part-time employees can be given a day off without pay if the paid leave at the main enterprise is longer than at the institution where they work part-time. Here the employee has the right to receive vacation equal to the missing number of days. This norm is reflected in Art. 286 Labor Code of the Russian Federation.
The Labor Code of the Russian Federation guarantees the right to an unpaid day off for up to 5 days in a row, with a limit on the total number of possible days off per year.
For example:
- For WWII participants – no more than 35 days.
- For employed pensioners – no more than 14 days
- For employed disabled people – no more than 60 days.
- For spouses of dead or wounded military personnel – no more than 14 days.
- For employees taking exams to enter a university - no more than 15 days.
- And to other persons listed in the TC.
In addition, the law guarantees the right to a day off in the following circumstances for an employee:
- Marriage.
- The birth of a child.
- Deaths of relatives.
- Donating blood as a donor.
There is one more point that an employee who has received an unpaid day off should know. The manager does not have the right to interrupt the day off early by calling the vacationer to work. This differs unpaid leave from annual paid leave.
Grounds for short-term leave
Leave is provided to the employee in accordance with the schedule. If part of the vacation is approved in the schedule in the amount of 1 day, the employee does not have to apply for it. The procedure follows the standard procedure:
- Notifying the employee about vacation included in the schedule.
- Issuance of an order indicating the reason for the person’s absence and the number of days of vacation.
- Familiarization of the employee with the order.
- Making payments to an employee.
Vacation schedules usually do not contain parts lasting 1 day and the employee must agree to postpone the period. Agreement with the manager is carried out based on the employee’s application. In most cases, the need for one-day leave is dictated by good reason. In an application to postpone 1 day, general information about the reason is allowed.
Dividing vacation into parts
Then vacation pay should be paid to him specifically for these 5 days, and June 25 and 26 will be regular days off for the employee. An employee, having thus divided his second 14 days of vacation, can, in a certain sense, increase his vacation, although only by 4 days (for 2 pairs of days off). But in any case, he will be paid vacation pay only for 28 calendar days during the working year.
Let us note that if an employee once took such a short weekend leave for some reason, this is unlikely to cause complaints from the inspectors. But inspectors will probably look at permanent holidays on weekends with suspicion.
Persons with and without the right to one-day leave
Employees are not entitled to paid leave before the six-month period. The exception is when persons belonging to a special category of citizens apply for one-day leave. The manager cannot refuse leave to adoptive parents of a child up to 3 months old, spouses of military personnel, part-time workers, minors, women before and after leave under the BiR.
The procedure for granting one-day leave has strict implementation deadlines. The employer is obliged to pay for the rest period.
If the employee submits an application less than 3 days before the start of the vacation, the manager has the right to refuse the employee. Otherwise, the employer will face administrative punishment in the form of a fine in accordance with Art. 5.27 Code of Administrative Offences. An alternative solution to the issue in the event of emergency circumstances is to provide 1 day without payment.
What changes await us
The State Duma is currently considering draft amendments to Art. 136 of the Labor Code of the Russian Federation, prepared by specialists from the Ministry of Labor. The decision goes against the previously stated position: the department proposes to calculate the time between the start of vacation and payment in working days.
In addition, the approach to payments in case of unscheduled leave will change radically. If an employee submits an application for unscheduled leave less than three days before it begins, the employer is obliged to transfer the money no later than three days from the date of application. That is, the countdown of time will be carried out in reverse: not from the beginning of the vacation, counting backward, but from the date of application - forward. For scheduled holidays, the same procedure will remain.
For comparison, let’s analyze the situation of Alexey Filonov according to the current rules and the rules proposed by the Ministry of Labor.
Like now | How will it be | |
Date of application | 11th of November | 11th of November |
Vacation start date | November 12–14—vacation without pay. From November 15 - paid leave | From November 12 - paid leave |
Vacation pay date | 11th of November | No later than November 15 |
The changes proposed by the Ministry of Finance will seriously simplify the employer’s task: not every enterprise can find funds and pay them to an employee within a few hours. And for HR officers there is double work: first, arrange leave without pay, then the second - paid leave. With the approval of amendments to Art. 136 of the Labor Code of the Russian Federation, these difficulties will become a thing of the past. You just need to remember in which case the three days are counted before the vacation, and in which - after the application.
Submitting an application for consideration
The decision to provide employee rest days at specific times is made by the employer. The manager approves the vacation schedule and agrees to postpone the date if necessary to receive 1 day separately from the main period. When submitting an application, an employee may use the following options:
- Submits the document to the HR department. The personnel employee makes an entry in the accounting journal regarding receipt of the application for further consideration. At the request of the person, an acceptance mark is made on the applicant’s copy.
- Submits the document directly to the head of the enterprise. This option allows you to verbally explain the reasons and agree on receiving a one-day leave. After the application has been endorsed, the document is sent to the personnel department for registration and issuance of an order.
- Sends the document by mail. The method is possible in case of absence from the workplace due to a business trip, vacation or illness. The postal item must have an inventory and a paid receipt of delivery. When shipping, the delivery time is taken into account, which in the standard version is 6 days. The date of receipt of the document must be no later than 3 days before the start of the vacation.
In case of refusal to transfer and provide 1 day of vacation, the employee is notified in writing. The notice must contain the reason for the refusal. The document is the basis for appealing the decision by internal or external commissions. The last and most effective measure to challenge the unlawful actions of a manager is to challenge it in court.
How to compose
The basis for receiving 1 day of leave on account of vacation is a standard form written by the employee.
The document is not difficult to compile; it has the following structure:
- information about the organization and its leader: name of the organization, position and full name of the leader;
- information about the employee: structural unit, position and full name;
- title of the document: statement, written in the center;
- essence of the appeal: indicate the date when you need to receive an additional paid day off and explain the reason;
- if available, you can attach copies of documents confirming the reason (for example, travel tickets, certificate of birth of a child or date of marriage);
- signature and date of the application.
Sample application for 1 day leave:
Large organizations can independently develop a sample, print forms, or in other cases you can write the text by hand in free form.
It should be clear, informative and concise. Preferably without any blots or corrections, since this is important personnel documentation, which is the basis for the following actions of specialists.
Recording time spent on vacation
The absence of an employee while on vacation is reflected in the working time sheet. The basis for entering data into the timesheet is the order of the manager. The personnel employee marks the day of absence in connection with the provision of the main vacation day with the standard code 09 or OT using an alphabetic symbol. For 1 day received as additional leave, coding 10 or OD is applied.
If an employee received 1 day of vacation without documentation, the employee’s absence is not reflected in the time sheet.
By agreement with the manager, if a person is absent, an 8 is entered on the report card (for a 40-hour week). While on vacation for 1 day, the employee works as usual, which is also not reflected in the timesheet. The option of an employee being absent without registration or leaving while on vacation can have negative consequences for the employer. In the event of an incident at the workplace, the employer will be fined.
The HR employee is responsible for keeping the timesheet data up to date. The report card is approved by the head of the enterprise. The document is the basis for calculating amounts included in the remuneration of accounting employees.
Dividing annual paid leave into parts
I wish you to spend your time with benefit, pleasure and a cheerful mood. Let your vacation inspire and fill you with new strength, vigor, energy, good health, bright impressions and good emotions.
More congratulations in prose →
Cheers cheers! It's time. Work gave us rest. I congratulate you on this. You are responsible for your vacation.
Spend it wisely, so as not to regret later. Be bold and away from doubts, into the world of dreams and relaxation.
We congratulate you, vacationer, You, of course, deserve your vacation, We wish you a great rest, Gain a lot of vigor and strength, You travel, visit countries, And get a lot of impressions, But don’t forget about work And bring us rays of the sun!
For many months in a row, you, immersed in work, completely forgot about rest, needing it more and more.
On vacation I wish to rest for the whole year. Let the soul unwind and the body rest!
Congratulations on your vacation! Relax, cheer up. Full of strength and confidence, come back to us later.
I wish you joy, happiness. May you be vigorous and healthy forever.
Let your vacation be great. There will be a lot of good in your life.
Finally, the last day before the vacation has arrived. You've been madly waiting for a voluptuous moment for a whole year.
I wish you to take a walk and gain strength for you. To joyfully return to their work path.
Every day of idleness is sweet. It must be. So that you definitely forget about all your problems.
Finally, they have waited, After all, they are going on vacation soon. Otherwise you always work, When others are resting.
I wish you to tan in the sun, and to swim in the sea for a long time. I wish you a lot of champagne, so that you can stay happy for a year.
I wish you to have a great rest and go on a cruise. To gain new strength, And every day, so that there is a surprise!
This is important to know: Will you receive alimony if you were on vacation?
Finally, this time has come, When you can relax a little, Completely throw off the heavy burden, And go on vacation somewhere!
We congratulate you on your vacation, And we envy you even a little bit, We wish you a warm sea, sunshine, Have fun, dive deeper!
So that the vacation brings inspiration, And acquaintances, and even romance, To have a mood higher than the sky, To visit many countries together!
Today is a joyful day, the boss accompanied me on vacation. We wish you to relax, enjoy, and definitely swim in the Black Sea!
May these days be remembered forever, may you be surrounded by love, kindness, sincere, reliable and loyal friends, may fate spoil you more often!
Congratulations: 47
in verse,
30
in prose.
Calculation of an employee when receiving one-day leave
Regardless of the short duration of the rest period, the employee must receive payment for 1 day on time. A number of enterprises include the amount in regular wage payments, which is an incorrect position assessed as a violation of labor laws.
Payment must be made on a separate statement (or simultaneously with other payments when dates overlap), 3 days before the start of the vacation. Late payment of vacation pay gives the employee the right to transfer the granted day to another period. If the payment day coincides with a non-working day, funds are issued in advance.
Example of settlement with an employee
Employee M. of the Novinka LLC company asked the employer to postpone 1 day of vacation to July 15, 2021. The request was granted. The person’s income during the year preceding the event amounted to 285,700 rubles, fully worked out. When calculating vacation pay, the accountant of Novinka LLC carries out the following operations:
- Calculates the amount of average earnings per day: Av = 285,700 / 12 / 29.3 = 812.57 rubles.
- Determines the amount of vacation payments: Co = 812.57 x 1 = 812.57 rubles.
The form of payment does not matter. An employee can receive vacation pay in cash or by transfer to a salary card.
What does “at least three days in advance” mean?
The deadlines for paying vacation pay - no later than three days before the start of the vacation - are specified in Art. 136 Labor Code of the Russian Federation. And this provision raises questions among accountants.
The first of them is in which days are we counting, calendar or working days? Rostrud, in letter No. 1693-6-1 dated July 30, 2014, and the Russian Ministry of Labor, in an information message dated June 16, 2014, clarified that three calendar days must be counted. If the payment day coincides with a weekend or holiday, payment must be made the day before.
If Alexey Filonov had written a vacation application from Tuesday, November 5, 2021, the accounting department would have to transfer vacation pay no later than Friday, November 1, because November 2 and 3 are weekends, and November 4 is an official public holiday.
Another question is whether the payment day should be included in the three days specified by law? There is still no clear solution approved by labor legislation. In letter dated July 30, 2014 No. 1693-6-1, Rostrud admits that the employer has the right to accrue vacation pay on the first of three days. And this position received support in the courts: the Kemerovo Regional Court (ruling dated January 26, 2017 No. 33-942/2017) and the Leningrad Regional Court (ruling No. 33-3731/2015 dated August 6, 2015) sided with the employer, recognizing his right to include payment date within the designated three days.
But there are also precedents when the courts took the opposite point of view. For example, the Chelyabinsk Regional Court, by appeal ruling No. 11-11043/2015 dated September 17, 2015, indicated that three full days must pass between the start dates of vacation and payment, and recognized the wrongness of the medical institution that paid the money in violation of this deadline. Similar decisions were made by the Rostov Regional Court (decision dated September 16, 2013 No. 33-11864) and the Perm Regional Court (decision dated January 23, 2018 No. 21-46/2018).
Moreover, in 2021, Deputy Head of the Ministry of Labor of the Russian Federation Ivan Shklovets, answering questions from users of the Salary portal, clarified:
“The payment terms are determined in calendar days. If leave is granted on Monday, it begins at zero o'clock on Monday, that is, from Sunday to Monday. Consequently, three calendar days are counted back - until zero o'clock on Friday. This means that vacation pay must be paid by zero o’clock on Friday.
The previous working day—Thursday—ends at 6 p.m., so vacation pay must be paid before the end of the working day on Thursday or transferred after 6 p.m., but no later than zero o’clock on Friday.”
Given this point of view, we strongly recommend that you keep track of how much time is left before the start of your vacation and transfer your vacation pay on the fourth day before the vacation at the latest. The law does not prohibit doing this in advance.
Alexey Filonov’s situation can be resolved as follows: Alexey receives vacation pay on November 11, and takes out paid leave from November 15. Then the deadlines will be met.
Features of other types of leaves provided to employees
The employee has the right, in addition to paid one-day leave, to receive days without pay. When registering a period without maintenance, a number of features arise:
- The period at your own expense is established by agreement between the director and employee.
- The deadlines for preferential categories of persons are established by the Labor Code of the Russian Federation.
- Leave for family reasons is not a mandatory social guarantee and is provided with the consent of the manager. The duration of leave provided for family reasons is determined by agreement between the manager and the employee.
- An employer cannot refuse to provide leave to a person belonging to one of the categories listed in Art. 128 Labor Code of the Russian Federation.
A separate vacation period is established for each group of privileged categories of persons. To receive unpaid days, you must submit an application to your manager. Both paid and unpaid types of leave are provided on the basis of an order.
Categories of persons | Duration of the provided period |
Persons of retirement age | 14 days |
Employees registered as disabled | 60 days |
All employees upon the occurrence of special events (birth of a child, marriage, etc.) | 5 days |
Relatives of law enforcement officers who died while on duty | 14 days |
WWII participants | 35 days |
An enterprise may establish its own grounds for granting leave at its own expense and the duration of the period. The conditions are fixed in a collective agreement or other document defining internal regulations and social guarantees. An unpaid period of absence from work is not included in the length of service calculated for receiving the next paid leave.
When is it possible to divide vacation into parts: law, rules, features
Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer. Article 125. Division of annual paid leave into parts. Withdrawal from leave By agreement between the employee and the employer, annual paid leave may be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.
Go away from work, But today is not Saturday, Vacation is small now, Even every hour is important.
Rest and relax, Smile every day, And don’t think about bad things, I congratulate you with a verse!
Hello, sea, clouds! Hello, golden sun! It's time for vacation, time is precious in life!
Rest for a hundred years, And forget about everything in the world, Get a dark tan, Be free like the wind.
Vacation is a wonderful fun, You look forward to it with impatience, May you spend your time profitably in parties and hangovers!
Congratulations on your long-awaited vacation.
Possibility of refusal to receive one-day leave
The manager regulates the work procedure in the team, including the provision of vacation periods. If there is a one-day vacation approved in the schedule, for example, to celebrate an anniversary, the manager cannot refuse to receive the day. In other cases, the employer’s refusal is justified, since it requires the transfer of 1 day of vacation. The transfer of part of the vacation is carried out by decision of the manager.
Grounds for refusal | Explanation |
Have less than six months of work experience in the company | Persons who do not belong to preferential categories receive the right to leave after six months of work in the company |
Impossibility of transferring 1 day due to production needs | Transfer of days is allowed with the consent of the manager |
Sometimes employers refuse to receive one-day leave due to the employee having no unused days, which is an unreasonable position for refusal. The condition of mandatory work experience applies only to the first half of the year of work. Persons who have sufficient experience at the enterprise are given the opportunity to receive leave in advance.
When is it possible to divide vacation into parts: law, rules, features
He used the first part (14 days) in June, and decided to divide the second into two more parts: he took seven days off in September, and the same amount in December. Option 2: Rescuer Nikishov V.S. took 15 days of vacation when he was entitled to 35 days. He still has 20 days of rest, and he divides them into 4 parts of 5 days.
When splitting vacation, you should take into account your field of activity: there are industries in which such division of less than 7 days can negatively affect the production process and work regime: someone will have to replace an employee who systematically goes on vacation. It is for this reason that everything should be done only with the permission of the manager. Is it possible to share vacation: what does the law say? In Art. 125 of the Labor Code of the Russian Federation directly states that one of the parts of the vacation must be at least 14 days, and the second can be divided into any segments.
Registration date: 07/22/2008 Messages: 101 Re: is it possible to take VACATION not including weekends? Dear Alex-Kor, I know very well that we have no irreplaceable people. But we have a bunch of different inspections that an offended employee can go to. You cannot focus only on constant and never-ending profits and use workers as material. Therefore, don’t add all your “mommy’s” and “daddy’s” children here. The question is somewhat different.
In this regard, sometimes organizations try to force employees to take vacations for shorter periods using various kinds of tricks. For example, they prescribe the corresponding condition on the mandatory division of the second 14 calendar days in the local regulatory act (LNA) of the organization. However, LNA norms that worsen the employee’s position in comparison with established labor legislation are not subject to application (Art.
This is important to know: If a holiday falls on a vacation in 2021, it will be postponed
8 Labor Code of the Russian Federation). The considered requirements for mandatory division of vacation contradict the provisions of Art. 125 Labor Code of the Russian Federation. Therefore, their employees, in general, can simply ignore them. And in the event of a conflict with management, inspectors from the labor inspectorate will also point out the illegality of the LNA norms. Vacation by weekdays and weekends Thanks to the possible division of vacation into parts, employees use their vacations differently.
How to correctly write an application for vacation and other reasons?
- Print out the correct sample application form for reference.
- Fill out the header of the document:
- manager position;
- name of the enterprise;
- FULL NAME. employer;
- personal data of the applicant (full name, name of department, position).
The application is written by hand or printed on a computer, after which it is printed out and signed with one’s own hand.
- In the middle of the form is written the heading “Application”.
- The text contains the following statements:
- type of weekend (with or without pay, with deduction from non-vacation, towards the future, etc.);
- number of days required (indicating the period);
- reason (in case of registration at your own expense);
- name of the document that is attached (birth certificate, death certificate, copy of the application to the registry office, etc.).
- Fill in the date the document was completed on the left side, and sign on the right side.
By following simple rules for filling out documents for time off, everyone can easily go on time for a couple of days on their next vacation or take one or two days off at their own expense.
Cases when an employer is obliged to provide leave at his own expense
All working citizens are entitled to a day off at their own expense in the following cases:
- birth of a child;
- Marriage registration;
- death of a close relative.
In this case, the employee can quite legally be absent from the place of work for up to 5 days.
The statement in this case might look like this.
Also, some categories of workers can take a day off for rest: for example, working pensioners.