In the legislation of the Russian Federation there is neither the very concept of “time off”, nor a documented form of a document called “application for time off”. Instead, terms such as “day off for vacation”, “additional day off”, etc. are used. However, if an employee of an enterprise has a need not to go to work on some day, he may well turn to his superiors with a request to give him “time off” and everyone will understand.
Examples of requests for time off:
- at your own expense for one day - for a previously worked day - for family reasons - for donating blood - on account of vacation - for several hours
A common situation is when an application for time off is written at the expense of previously worked time. For this case, a sample application is prepared at the very beginning of the material, and a blank form is also attached:
- Form and sample
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Reasons for time off
You won’t be able to just take time off - practice shows that usually an employee is required to either work an additional day off in advance or subsequently, or take time off towards a future vacation or as leave without pay.
In some cases, due to operational necessity, management may deny an employee an additional day off, and this will not be a violation of the law - time off is granted only with the mutual consent of both parties.
It is also worth remembering that those employees who have worked at this enterprise for less than 6 months are not entitled to time off at all.
At the same time, there is a category of employees who can take time off at any time without waiting for management approval. This:
- WWII participants;
- pensioners;
- people with disabilities;
- close relatives of military personnel who died in the performance of military duties.
In companies with a shift schedule, agreements between employees to replace each other if necessary are widespread. This way allows not to disrupt the production process and at the same time suits all parties.
But large enterprises where trade unions are active often have a developed and approved collective agreement, which stipulates a separate clause on the conditions for granting time off and additional vacations. If such a document exists, then each employee of the organization must be familiarized with it against signature already at the employment stage.
Duration of vacation
If you look at the Labor Code, it turns out that it does not contain the concept of leave at your own expense; the law uses the wording “leave without pay.”
It is regulated by several articles of the Labor Code of the Russian Federation and other laws. In Art. 128 of the Labor Code of the Russian Federation, in particular, states that the parties have the right to agree on any period of absence of the employee if a corresponding application is received from him. At the same time, there are specific deadlines that the employer must comply with. After an application for leave without pay has been received from an employee, it cannot be refused for a year (paragraph 5, 6, part 2, article 128 of the Labor Code of the Russian Federation):
- up to 60 days - for disabled people;
- up to 35 days - to employees who have the status of a participant in the Great Patriotic War;
- up to 14 days - for pensioners (by age);
- up to 14 days - to the parents and spouses of military personnel, law enforcement and customs officials, fire service personnel, employees of institutions and bodies of the penal system who died in the line of duty, including as a result of injury, contusion, injury or disease;
- up to 14 days - to an employee raising 2 or more children under the age of 14, an employee with a disabled child under the age of 18, a single parent raising a child under the age of 14, if this is provided for in the collective agreement;
- up to 5 days - upon the birth of a child, marriage registration, death of relatives;
- 15 days - to employees: admitted to entrance examinations to universities for bachelor's, specialist's or master's degree programs;
- students of preparatory departments to pass the final certification at the university;
- those who combine education with work to pass intermediate certification;
- admitted to entrance examinations for admission to secondary vocational education programs;
When to write a leave application
In advance (at least a few days in advance), the employee must notify management of his desire by writing a statement, and the employer must give permission for time off with an appropriate order. An application for time off can be written directly on the day of the day off, but in this case, in the absence of very serious reasons, the chances of management’s consent are noticeably reduced.
If there is no statement, then the employer may interpret the subordinate’s absence from the workplace as “absenteeism,” that is, a direct violation of work regulations, and impose disciplinary action on him, up to and including dismissal (in case of systematic violations). This can be avoided provided that the employee, within a few days after the “absenteeism,” provides the manager with written evidence of valid reasons for his absence and works the allotted time.
How to use compensatory time when leaving a job
Since working overtime on weekends and holidays is overtime, compensation must be provided for it: in money or the opportunity to take a day off - time off. Therefore, if you decide to quit, you are still required to compensate for your overtime. If an employee quits, the only possible compensation option is money. But due to the fact that the employee is required to give notice of his dismissal 14 days in advance, an option arises when, by agreement with management, he can leave work a few days earlier due to time off.
Main features of drawing up an application for time off
As mentioned above, there is no unified application form for time off, so each employee can write it freely. Important condition: the document must contain
- Company name,
- information about the manager,
- information about the employee.
It is also advisable to indicate in it the reasons why the employee asks for an additional day off and the specific date on which he would like to receive it.
The reasons may not be specified, but do not forget that in a number of cases (the birth of a child, a wedding, a funeral, etc.), the employer by law does not have the right to refuse an employee.
Instructions for writing an application for time off
From the point of view of office work, the application for time off has a completely standard form and should not cause much difficulty in processing.
- First, in the upper right corner you need to enter information about the addressee. Usually it is indicated here
- position of the head of the organization (director, general director, etc.),
- full name of the organization, indicating its organizational and legal status (IP, LLC, ZOA, JSC),
- last name, first name, patronymic of the director.
- After this, information about the employee (position, company name, last name, first name, patronymic) is prepared in the same way.
- The line just below indicates the locality where the enterprise is registered, as well as the date the application was written.
- Then in the middle of the line you need to indicate the name of the document.
- The main part should be devoted to the essence of the statement . Here you must enter the desired date of the additional day off and the basis for it (previously worked working hours or on account of future vacation, etc.). If an employee has an emergency need for time off, this must also be noted.
- The application must be signed with a mandatory decryption of the signature and handed over to either the secretary or the head of the organization personally.
How is it processed?
The memo is not included in the list of management documentation contained in OKUD, therefore there is no unified document form.
An organization can independently develop a uniform document form or instructions for drawing up for all employees, but more often a memo is drawn up arbitrarily, but in compliance with the rules of business correspondence.
Depending on the established rules of the company’s internal document flow, the document can be drawn up in electronic or paper form.
Accordingly, registration of a note also occurs by making an entry in the journal or adding it to a network folder intended for storing internal company documents.
In some companies, the document undergoes “double registration” and is recorded in the personnel department and the secretary.
Application for leave at your own expense for one day
Any person may have an urgent need for one day free from work, when they need to immediately resolve some personal issues. The term “time off”, which is colloquial, in the Labor Code can be deciphered as follows:
- administrative leave for 1 day;
- not using one day from the next vacation, upcoming or “time off”;
- missing a day worked on a day off.
In any case, it is necessary to notify the employer in writing and obtain his positive resolution.
The application form is standard:
- “header” on the right edge, containing the addressee of the application and the applicant’s data;
- the title of the document “application” located in the middle of the sheet;
- text where you need to provide the date and reason for future time off;
- The filing date is indicated below and the applicant’s personal signature with a transcript is placed.
To the General Director of Niva LLC Abdullin I.I. from sales manager Lukoshkin V.Yu.
STATEMENT
I ask you to give me time off at my own expense on 04/28/2017 for personal reasons.
April 25, 2021 /Lukoshkin/ V.Yu. Lukoshkin
Results
Providing vacation at your own expense is associated with quite a large number of nuances - not only according to the Labor Code of the Russian Federation, but also according to other Federal Laws. These nuances are useful to know for both the employee who needs leave without pay and the employer who must or can provide such leave.
Sources: Labor Code of the Russian Federation
You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
Application for time off for a previously worked day
It happens that employees are forced to work on a weekend or holiday in accordance with production needs, or to exceed the work schedule established for them. If an employee already has overtime, he could verbally agree in advance with his superiors when exactly it will be compensated with rest. But it is better to draw up the document in writing. If there has been no overtime, but it is planned, you can ask your boss to provide an additional day off for the required date with subsequent work off.
To the General Director of Asgard LLC Petrashevsky Anatoly Petrovich from the caretaker Leonid Iosifovich Otrivinov
STATEMENT
I ask you to provide me with a day of rest on March 25, 2021 for the time previously worked on 01/01/2017.
March 20, 2021 /Otrivinov/ L.I. Otrivinov
NOTE! If the time was not worked earlier, and a day off is still necessary, a statement must be drawn up with a mandatory indication of the reasons.
Application for leave for family reasons
Sometimes unforeseen situations happen in life that require the participation of a working person. Sometimes they can be resolved in 1 day, sometimes it takes longer. In case of particularly valid reasons (wedding, funeral, birth of a child), the employer’s consent is not required; it is enough to notify him in time with a statement. Usually such reasons can be documented. But it is always better to obtain the consent of the person in charge.
When applying for time off(s) for family reasons, follow the usual application form accepted in your organization. Special recommendations:
- correctly formulate the reason for the future absence (do not write maxims like “I won’t be sober enough the morning after a family holiday”);
- if you do not want to indicate the reason, write “for family reasons,” but in this case, the prior consent of management is especially desirable;
- If possible, support the reason with relevant documentation (certificate, certificate, extract, etc.).
FOR YOUR INFORMATION! They have every right not to give an extraordinary day off if the employee has worked at the enterprise for less than six months, and at the same time he does not belong to preferential categories - pregnant women, those with young offspring, minors.
To the General Director of LLC "Simeriada" Lyubomirov Anton Vladimirovich from the cashier Gorodenko Lyudmila Stepanovna
STATEMENT
I request that you give me time off at my own expense on February 17, 2021 to attend my cousin’s funeral.
February 15, 2021 /Gorodenko/ L.S. Gorodenko
Application for time off for donating blood
A person who becomes a donor is entitled to certain social guarantees, including an additional day off. Unlike regular time off, a “donor” day is entered into the timesheet and paid as a working day. You can use this day not immediately after donating blood, but at any time by agreement with the employer.
IMPORTANT! If the day of delivery falls on a weekend, the right to an additional day of rest still remains; it can be exercised on any working day that suits the employee and his management, or it can be added to the next vacation.
It is better to submit an application for alleged participation in donation and, on this basis, release from work the day before (although the law does not oblige this), and then confirm its fact by providing a certificate in form No. 402-u.
To the General Director of Amaterasu LLC, Ruben Afanasyevich Yampolsky from accountant Tatyana Igorevna Natasova
STATEMENT
I request that you release me from my work duties on April 19, 2021 in connection with my donor function and provide me with an additional day of rest on April 20, 2017.
April 18, 2021 /Natasova/ T.I. Natasova
Application for time off due to vacation
If the employer does not mind, and production needs are not affected, the employee can ask for one or several days of rest, which can subsequently be “bited off” from the annual paid leave due. You can also use this right if there are unused days left on your vacation that has already been taken off. The duration of absence from work due to vacation cannot exceed 14 calendar days, which are subject to payment. These days can be divided into any intervals that management agrees to. It is important to follow the general rule that the indivisible compulsory part of the vacation cannot be less than 14 days.
ATTENTION! It is within the power of the manager not to agree to such time off. He has every right to do this. since such days of rest are provided only by agreement of the parties. the exception, as always, is for preferential categories of employees.
To the General Director of Inspiration LLC, Polina Konstantinovna Zarenkova, from purchasing manager Anna Valerievna Rozanova
STATEMENT
Please provide me with additional days off on March 10 and 11, 2017 as part of my regular annual paid leave.
March 5, 2021 /Rozanova/ A.V. Rozanova
Cases when leave without pay is granted at the discretion of the administration
Since labor legislation does not limit such leave by the number of days, the decision to provide it remains only at the level of agreement between the employee and the administration. Sometimes it only takes one day to resolve some matters. If the work process is not affected, the manager will not interfere and will sign the application.
All reasons that are not obligatory for the employer remain at his discretion. If the manager can release a person from the workplace within the requested period, then the reason may not be so important.
The application is the basis for issuing an order and entering data into the personnel record card. It is necessary to familiarize the employee with the order against signature, so that he is sure that the application has been agreed upon and the days will not become absenteeism.
Some employers are trying to send their employees on unpaid leave when there is downtime at work. This method of saving money is illegal and forcing you to write an application may result in litigation.
Any citizen has the right to apply for this to the labor inspectorate, which will consider all the circumstances and, if there are illegal actions on the part of the administration, will impose a financial penalty. For such actions, a fine is imposed on the organization in the amount of 30-50 thousand rubles and on the official in the amount of 1-5 thousand rubles.
