Vacation at your own expense Article 128. Six questions about vacation without pay

The employee must submit a statement to management describing valid reasons, because of which he cannot go to work.

If the management agrees to let the employee go, they will together have to determine the terms of leave without pay at the initiative of the employee - the maximum period and the minimum.

Cases of provision

Who is entitled to unpaid leave? In Art. 128 of the Labor Code of the Russian Federation states that extraordinary leave without pay is granted to every employee who has valid reasons.

If it seems to the manager that the subordinate does not have strong enough justifications, or his absence will harm production, he simply will not sign the application.

IMPORTANT. When deciding to take leave, the employer independently studies the reasons why the subordinate approached him with such a request.

The law does not stipulate which arguments are valid and which are not..

However, when disputes arise, judges sometimes side with the employee, so it is important to maintain maximum objectivity when assessing.

When does an employer have no right to refuse an employee?

The law provides for several categories of employees who do not need the consent of their superiors to take leave at their own expense.

Employees	Duration of vacations
People who have certain family circumstances (discharge from the maternity hospital, death of a loved one, marriage).	5 days a year.
Working disabled people.	60 days.
Husbands (wives) and parents of military personnel who died due to injury in the performance of official duties or due to an illness related to their service.	2 weeks.
Veterans of the Great Patriotic War.	35 days.
Working pensioners.	2 weeks.
Full-time students who need to pass certification, as well as students of preparatory courses planning to take exams for admission to a university.	15 days.
Employees who need to prepare to defend their diploma and pass final state exams.	4 months a year.

Now, let's determine the duration of administrative leave at the initiative of the employee: the maximum period and the minimum.

Duration of vacation

So, many people ask the following questions: “How many days can I take leave without pay?”, “For how long can I take leave without pay (at my own expense)?” etc., we hasten to warn you that the essence of this question will not change depending on the different wording of this question, nor will the answer.

The duration of administrative leave is limited only by the time for which management is ready to release the employee, taking into account that the production process is not affected.

What does the Labor Code of the Russian Federation say?

What does the law say on the topic of how long you can take leave without pay or without pay?

The law obliges the employer to provide unpaid leave to only a few groups of employees.

Accordingly, deadlines are set exclusively for them.

The number of vacation days at their own expense that veterans are entitled to is up to 35 days a year, pensioners - up to 14, disabled people - up to 60, spouses and parents of deceased military personnel - up to 14, people studying at a university - up to 15, preparing to defend their diploma and for state examinations - 4 months, for those with certain family circumstances - up to 5. The law does not regulate the duration of vacations for other employees.

Fellow students should not forget about the right to study leave; you will find out how best to do this here.

At the discretion of the employer

If a person is not included in the category of employees who have the legal right to extraordinary leave upon request, he must independently negotiate with his superiors. The manager has the right to release or not release the employee.

The decision depends on the strength of the reasons and whether it will harm the production process. In case of a positive decision, the duration of unpaid leave is discussed by the parties. As you can see, there is no specific answer to the question: “How many days a year can you take vacation without pay?”, it all depends on the situation and the decision of your superiors.

How many times a year can you take vacation at your own expense?

Other versions of the above question could be: “How much unpaid leave can you take?”, “How many days of unpaid leave can you take per year?” and others, so let's look at this issue.

An employee can take leave at his own expense an unlimited number of times.

However, it is necessary to reach an agreement with the management of the enterprise.

Employees to whom management is obliged to provide unpaid leave, can issue it once a year. In the future, they will have to seek permission from the management of the enterprise, just like their colleagues.

Vacation period without pay

Incorrect registration of unpaid leave will inevitably affect paid, as well as overall work experience.

Therefore, it is important to approach the procedure with full responsibility and make proper records of the days provided to the employee to solve his personal problems.

In the sections below we will talk in more detail about the different periods of unpaid leave, which ones should be included in the list of holidays and which ones should not.

Are public holidays included in unpaid leave?

IMPORTANT. According to Art. 113 of the Labor Code of the Russian Federation, it is necessary to exclude weekends and non-working holidays when people should rest from vacation at their own expense. In practice, many do not remember or are not aware of this, as a result of which wages are calculated incorrectly. The employee receives less money than he is entitled to.

To deduct extra days from vacation, it must be divided into parts. For example, in 2016 the whole country is on holiday from May 1 to 3 and from May 7 to 9. Accordingly, the application should be written as follows: from May 4 to 6 and from May 10 to 13.

The duration of the vacation with such an application will be 7 days, not 14, and the freed week will be paid.

Is it possible to extend? The law allows for the extension of leave without pay. To do this, it is necessary to submit an application to management indicating the reasons why the subordinate still cannot begin to perform his job duties. If management deems it possible

, it will give its consent.

Maximum term

IMPORTANT. The duration of administrative leave depends on the circumstances that caused the need for it. By agreement, management can provide a subordinate with any number of days a year, up to 365.

The employee must remember: if the duration of his vacation at his own expense exceeds 2 weeks within one year, these days will be deducted from his work experience.

Minimum term

IMPORTANT. The law also does not establish minimum periods of leave at one’s own expense. This means that an employee can take even 1 day.

If the total duration of vacations during a calendar year is less than 2 weeks, these days will be included in the hours worked that affect paid vacation.

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 required. 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.

Often, for family reasons, an employee needs to take leave at his own expense. Therefore, whether or not to let the employee go on unpaid leave without pay. This is usually the employer's right.

Moreover, unpaid leave is given for family reasons. And other good reasons. Moreover, if you carefully study the norms. It turns out that sometimes this is also the responsibility of the company. Moreover, depending on the basis on which the employee goes on vacation without saving his earnings. A way to calculate his length of service is being found.

For family reasons and other valid reasons, an employee may be provided with a written request. The duration of which is determined by agreement between the employee and the employer (Part 1). When considering applications, attention is paid to specific reasons and circumstances. Caused the need for such a vacation. After all, granting leave without pay on the basis of Part 1 of Article 128 of the Labor Code of the Russian Federation is a right. Not the employer's responsibility. That's why he has the right to refuse to provide it to an employee. In this case, the employer must take into account how valid the reasons are. Which the employee indicates in the application. So is the possibility of causing harm to the organization if vacation is provided at one’s own expense.

Family circumstances and other valid reasons include certain events and social needs. Arising in the personal life of an employee. An employer cannot send an employee on leave at his own expense without pay on his own initiative.

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Article 128 of the Labor Code of the Russian Federation

For family reasons and other valid 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.

How many days can you take at your own expense from work according to the law?

Is it possible to go on leave without pay for a year? How long can you take leave, at your own expense, according to the labor code, without pay? For what period can a working pensioner and a pregnant woman be sent?

The employer is obliged, based on a written application from the employee, to provide leave without pay:

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, authorities for control of the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system, who died or died as a result of injury, concussion or injury, received while performing the duties of military service (service), or as a result of an illness 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 five calendar days;

in other cases provided for by this Code, other federal laws or a collective agreement.

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Providing vacation leave at your own expense, without pay, is MANDATORY

In some situations, providing leave without pay is the obligation of the employer established by the Labor Code of the Russian Federation. For example, employees to whom the employer is obliged to provide leave without pay are (Article 128 of the Labor Code of the Russian Federation):

• working old-age pensioners (by age);
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during service, or as a result of an illness associated with military service;
• working disabled people;
• workers in cases of child birth, marriage registration, death of close relatives.

In addition to the above situations, the Labor Code contains mention of several more cases when the employer is obliged to provide leave without pay. For example, such leave is due to those employees who combine work and study in educational institutions of higher and secondary vocational education or enroll in them.

The Labor Code, other federal laws or a collective agreement may provide for other cases when the employer is obliged to provide leave without pay. For example, Part 2 lists the categories of employees to whom the employer is obliged to provide leave without pay in connection with admission to educational institutions of higher professional education and training in them, these are:

• employees admitted to entrance examinations in educational institutions of higher professional education;
• employees - students of preparatory departments of educational institutions of higher professional education;
• employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work.

The employer’s obligation to provide leave at his own expense is established not only in the Labor Code, but also in other federal laws. So, in accordance with paragraph 11 of Article 11 of the Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, military spouses receive leave at their request is provided simultaneously with military leave. In this case, the duration of the spouses' leave can be equal to the leave of military personnel at their request. Just the part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay. At the same time, the employer does not have the right to refuse unpaid leave without pay in this case.

The following employees can take leave at any time at their own expense until 14 days according to the Labor Code of the Russian Federation.

• Single mother with a child under 14 years old,
• employee who has two or more children under the age of fourteen,
• employee who has disabled child under the age of eighteen

In addition to the Labor Code, the employer’s obligation to provide unpaid leave to certain employees is established in the following federal laws:

• dated November 26, 1996 No. 138-FZ - to individual participants in the election process for the duration of elections to local government bodies;
• dated 01/09/97 No. 5-FZ - Heroes of Socialist Labor and full holders of the Order of Labor Glory;
• dated June 12, 2002 No. 67-FZ - to the candidate’s proxies during the referendum;
• dated January 10, 2003 No. 19-FZ - to individual participants in the election process of the President of the Russian Federation (candidate’s proxies, members of the election commission with advisory voting rights);
• dated May 18, 2005 No. 51-FZ - to individual participants in the process of election of State Duma deputies (candidate’s proxies, members of the election commission with advisory voting rights);
• dated 05.27.98 No. 76-FZ - to spouses of military personnel in relation to part of the leave exceeding the duration of annual leave at their main place of work;
• dated 01/15/93 No. 4301-1 - Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (additional leave for up to three weeks a year at a time convenient for them)

The duration of leave without pay if the employer is obliged to provide it is determined by federal law, which provides for such leave at one’s own expense. Information on the duration of the said leave without pay, which is provided without fail, is given in the table.

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The period of compulsory leave at your own expense without pay

Employees who are granted leave	Duration of vacation
All employees in cases of birth of a child, registration of marriage, death of close relatives	Up to 5 calendar days for each reason
Working disabled people	Up to 60 calendar days per year
Working old-age pensioners (by age)	Up to 14 calendar days a year
Employees who are parents, wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received during the performance of military service duties, or as a result of an illness associated with military service	Up to 14 calendar days a year
Workers – participants of the Great Patriotic War	Up to 35 calendar days per year
Employees admitted to entrance examinations in educational institutions of higher professional education	15 calendar days
Workers – students of preparatory departments of educational institutions of higher professional education	15 calendar days (for passing final exams)
Workers studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work	15 calendar days per academic year (for passing intermediate certification); 4 months (to prepare and defend the final qualifying thesis and pass the final state exams); 1 month (for passing final state exams)
Employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education	10 calendar days
Workers studying in state-accredited educational institutions of secondary vocational education on a full-time basis, combining study with work	10 calendar days per academic year (for passing intermediate certification); 2 months (to prepare and defend the final qualifying thesis and pass the final state exams); 1 month (for final exams)

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Documentation of leave without pay

Regardless of whether the leave is mandatory or not, in order to provide it, the employee must write a statement where the employee must indicate the reason for the unpaid leave. In some cases, the employer is obliged to provide such leave (for example, in the event of a wedding or death of a close relative) ().

To the director
LLC "Gasprom"
A.V. Ivanov

from the cashier
A.V. Petrova

STATEMENT

I ask you to grant me unpaid leave from April 3, 2019 for 15 calendar days for family reasons.

17.03.2019 . . . Petrova. . . . A.V. Petrova

Based on the employee’s application, issue an order to grant leave. The order must be signed by the manager, the employee must be familiarized with the order for signature.

The unified form of the order for granting leave (Form No. T-6) was approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1.

An organization may, at its own discretion:

• or use standardized forms of documents if this is approved by the head of the organization in the order on accounting policies;
• or use independently developed forms approved by the head (provided that they contain all the necessary details provided for by Law of December 6, 2011 No. 402-FZ).

Do not draw up a calculation note for the provision of leave (on Form No. T-60 or on a self-developed form). The fact is that this form is provided for calculating payments that an employee is entitled to when going on vacation (instructions approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1). And when an employee goes on unpaid leave, vacation pay is not accrued.

Also, information about the vacations provided must be entered into the employee’s personal card:

• in section VIII of form No. T-2, approved by Decree of the State Statistics Committee of Russia dated January 5, 2004 No. 1), if the organization uses a unified form of the document;
• in the appropriate section of the personal card if the organization uses an independently developed document form.

Reflect similar information in the employee’s personal account (on Form No. T-54 or on a self-developed form).

In the time sheet, vacation time is marked with the code “DO” if the vacation was granted in accordance with the employer’s permission, or with the code “OZ” if the employee goes on vacation based on the provisions of the current legislation of the Russian Federation.

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DURATION of vacation at your own expense, without pay

Upon written request from the employee, the employer may provide the employee with leave without pay. The duration of leave without pay is established by agreement of the parties: employee and employer in calendar days. Non-working holidays are not included in the number of calendar days of vacation only if they fall on paid vacation: main or additional (Part 1 of Article 120 of the Labor Code of the Russian Federation). Thus, if holidays fall during the period of unpaid leave, then they are included in the number of calendar days of such leave and do not extend it.

The maximum duration of leave at one's own expense is not regulated by law. The employer and employee decide by agreement of the parties how long the leave will be granted. Thus, the employer has the right to provide vacation at his own expense for any period: several days, weeks, months and even years. This follows from the Labor Code of the Russian Federation.

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Conventions, Marks in the time sheet

OZ- Vacation without pay under the conditions provided for by the current legislation of the Russian Federation

BEFORE- Unpaid leave granted to an employee with the permission of the employer

UD- additional leave in connection with training without pay

DB- Annual additional leave without pay

Note: See all Conventions for time sheets

Days of unpaid leave are completely excluded from the calculation period when calculating average earnings, regardless of its duration. Reason - subparagraph “e” of paragraph 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by the Decree of the Government of the Russian Federation dated December 24, 2007

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Guarantees for an employee on leave without pay

As a rule, an employee cannot be dismissed at the initiative of the employer while he is on such leave. Since, according to the employee, he cannot be dismissed at the initiative of the employer while he is on vacation, with the exception of the case of liquidation of the organization or termination of activities by an individual entrepreneur.

Sickness benefits must also be paid when the employee himself gets sick or is injured while on annual leave - main or additional (clause 1, part 1, article 9 of the Law of December 29, 2006 No. 255-FZ). During illness, the vacation period is extended. At the employee’s request, the unused part of the vacation can be provided to him immediately or transferred to the future (Article 124 of the Labor Code of the Russian Federation).

For all other periods of release from work (except annual holidays) with or without salary, sick leave benefits are not paid to employees. For example, an employee is not paid an allowance for the day he participates in a court hearing as a juror, as well as days that fall on personal leave or parental leave.

If during unpaid leave the employee went on maternity leave, then the employer is obliged to pay her maternity benefits, since the employee is one of the insured persons. Moreover, unpaid leave must be interrupted from the moment maternity leave begins. Maternity benefits are paid to the employee in the amount of 100% of average earnings (clause 1 of Federal Law No. 255-FZ of December 29, 2006).

If the employee does not have actually accrued wages and actually worked days in the pay period and before it, the average earnings must be calculated based on the official salary, the tariff rate established for the category of the employee, the official salary, and allowance (remuneration). Reason - clause 11 of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance, approved by Decree of the Government of the Russian Federation dated June 15, 2007 No. 375.

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The employer does not have the right to send employees on leave without pay on their own initiative.

This is a violation of labor legislation, for which he can be fined in accordance with parts 1 and 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The inadmissibility of forced leaves without pay due to the temporary suspension of the organization’s activities was emphasized by the Russian Ministry of Labor (Resolution of the Russian Ministry of Labor dated June 27, 1996 No. 40). In the Labor Code of the Russian Federation, the employee’s initiative () is also considered a condition for granting leave at one’s own expense.

A situation where employees, due to the fault of the employer, are unable to fulfill their job duties. During downtime, employees must be paid at least 2/3 of their average earnings (Part 1

Any person has circumstances when he must be in another place during working hours.

If you just don’t go to work, it will be absenteeism, and its consequences can be very sad.

A solution may be to take time off at your own expense.

What does the law say?

The first thing the employee must do in this case is to refer to the legislative acts, which spell out all his rights and obligations.

To avoid having to turn over stacks of documents or spend hours on the Internet searching for information, in our article we will consider this issue in detail.

Normative base

All relations between employee and employer in Russia are regulated by Labor legislation. It also regulates the employee’s rest.

So, according to the Labor Code, you can take time off in several ways.

The first option is due to the additional rest time provided:

• for overtime (Article 152 of the Labor Code provides for the provision of rest time no less than the time that was worked overtime);
• for working on weekends and holidays (Article 153 of the Labor Code of Russia);
• working on a rotational basis - overtime hours during the year can be summed up and provided to the employee in the form of an additional day of inter-shift rest (Article 301 of the Labor Code of the Russian Federation);
• for donating blood or its components - not only the day of donation is a day off, but also the next day, which, in turn, can be transferred to any other (Article 186 of the Labor Code of the Russian Federation).

Holidays are not provided in advance for these reasons. In addition, such absenteeism is not shown on the timesheet.

The second option is on vacation.

Article 125 of the Labor Code states that annual leave, which is paid by the organization, can be divided into parts.

Thus, an employee, in agreement with the employer, can take one or more days from it according to a previously written application.

Option 3 - time off at your own expense. This will be discussed in the following chapters of our article.

Vacation or time off at your own expense?

The concept of “time off” does not currently exist in Russian legislation. But it did not go out of use.

In practice, administrative time off is equivalent to leave without pay and is regulated by Article 128 of the Labor Code of the Russian Federation.

To whom and in what situations is it entitled?

This leave can be taken for family reasons, as well as for other valid reasons.

Here the employer independently decides whether to give you an additional day off or not. That is, he may consider the reason disrespectful and not provide time off.

But there are several cases in which the authorities do not have the right to refuse, as well as certain categories of citizens.

These situations and persons who must be granted leave without pay are included in the table, along with the deadline for its provision.

You can view the documents listed in the table here:

How is compensatory time off paid upon dismissal? Read here.

How to take it?

You can’t just decide not to go to work, arguing that this is how you took time off.

This is already truancy. Everything must be documented.

Let's look at the whole process.

How to apply for time off at your own expense?

There is no standardized template for such a statement.

If the company has not developed it independently, then it should be written in free form - the document is handwritten or printed on a printer, it does not matter, the main thing is to put your signature.

The application must indicate the reason for the leave; you can also attach copies of supporting documents or write that they will be provided later.

The signature of the employee himself is not enough.

To ensure that a day off is not considered a day off, the document must contain the manager’s resolution. Therefore, you should take care of its registration in advance.

Do you need an order from the employer?

After the application is signed by the director (general director), the organization issues an order to grant the employee leave without pay.

This process occurs in several stages:

• First, the order must be drawn up and printed.
• It is signed first by the head of the organization or a person authorized by him. Thus, the shift supervisor’s signature on this document does not carry any meaning.
• Be sure to familiarize yourself with the text of the order against signature by the applicant himself. If he goes on vacation before the order is issued, this will violate labor laws.

Otherwise, the employer simply will not be able to correctly calculate the length of service that gives the right to annual paid leave (Article 121 of the Labor Code of the Russian Federation).

Is time off allowed for a business trip? Find out here.

How to put paid time off on your timesheet? See here.

Number of days and terms of provision

The duration of this rest period is agreed upon individually by the employee and the employer.

The law in commercial organizations does not limit the number of days, so you can take time off for one day or for a longer time. But for state civil and municipal employees, vacation at their own expense cannot exceed one year.

But here the question arises: how many days of unpaid leave can you take per year without affecting your length of service, which affects your annual paid leave?

The limit is set at 14 days.

But this does not mean that you cannot take more days off. The employee will simply go on paid leave later.

Let's look at this with a simple example.

Employee of OJSC "Filin" Kurochkin F.V. has been working in the organization since December 1, 2014. In 2017, he went on leave without pay several times for valid reasons:

Let us determine when Kurochkin is entitled to annual leave that must be paid.

First, let's calculate the number of days that were provided as leave without pay to an employee during the year: 6+13+4=23 days.

Thus, the excess is 23–14=9 days.

Is it possible to apply retroactively?

Orders cannot be drawn up “retrospectively”.

According to the law, an employee does not have the right to go on vacation without the permission of the manager. The latter endorses the application, after which an order is issued based on it. Otherwise, the day off will be considered absenteeism.

And for absenteeism, an employee can not only be fined, but also fired.

What to do if time off is not given?

And he can legally refuse if the reason seems disrespectful to him.

To increase your likelihood of approval, you can use the following tips:

• In practice, time off is often denied due to the fact that there is no one to replace the absent employee. In such cases, you can agree in advance with one of your colleagues that he will replace you during this time.
• You can also do most or all of your work in advance (if possible).
• You can agree with your boss that the work for the days you are absent will be completed later.
• If you are asking for time off to go to the doctor or to look after a sick child, then you don’t have to take time off, but simply bring a doctor’s certificate (for example, from a dentist) or a sick leave certificate. But management still needs to be warned about the current circumstances.

Thus, time off at your own expense can only be granted with the permission of the employer.

The exception is a few situations and categories of citizens. But in any case, documentation before leaving for this day off is mandatory.

Time off at your own expense

The concept of “time off” is not provided for in the law regulating labor relations at an enterprise or organization. The law allows citizens to take vacation at their own expense, in accordance with Article 128 of the Labor Code of the Russian Federation. The number of days taken as part of unpaid leave (at your own expense) within 12 months is also regulated.

How to take time off at your own expense

An employee of the organization writes a statement, and his boss issues an order for time off at his own expense. Days are provided for reasons that are recognized as valid. Norm 128 of the Labor Code of the Russian Federation does not provide an exhaustive list of life circumstances in which time off is granted to an employee of an enterprise or company.

Reasons for taking time off

Typically, the reason why a citizen requests time off is considered by the employer. The following are accepted as valid reasons:

• death of relatives;
• wedding;
• illness of relatives, etc.

Only for these reasons a citizen has the right to take time off. This leave can be granted to a citizen for no more than 14 days in 12 months. Exceptions to the general rules are certain categories of persons, for example, persons with disabilities. They have the right to demand 60 days off from their employer for a valid reason. In addition, the employer does not have the right to refuse to provide leave at his own expense in the following cases:

• In the event of the birth of a child;
• In the event of the death of a relative;
• In case of registration of marriage relations.

Time off in these situations is guaranteed and fixed for a period of 5 days.

In other cases, even if the reasons stated by the employee in the application seem valid, the employer may refuse. The employer's decision to refuse is influenced by various factors:

• indispensability of the employee;
• vacation period;
• short work experience;
• probation;
• repeated registration of an additional type of leave;
• violations of discipline;
• production necessity;
• attitude towards the employee: the employee’s reputation, his qualifications, etc.

Other situations for providing leave at your own expense

The law guarantees the provision of leave without pay during entrance examinations to educational institutions for up to 15 days. This is stated in Article 173 of the Labor Code of the Russian Federation. Students of courses in educational institutions, employees who study at universities, and other persons are granted leave of up to 15 days to defend their thesis. In addition, members of the election commission or authorized persons have the right to count on the provision of this type of leave - from the day the elections begin until the end of the elections, as well as the wives of military personnel during the second half's leave.

An application for time off is addressed to the general director of the company (organization) two weeks before the date of receipt of the required time off. If a vacation is taken out hastily, it was not planned earlier, then due to valid reasons for its appearance and the need for it, the employer can be notified 24 hours in advance. The application submitted by the employee must contain the consent of the employer. Based on the application, the employer issues a decree. His form is T-2. It is strictly unified.

Leave without pay, the duration of which exceeds 14 days, is not included in the employee’s total length of service for registration of the next type of leave, as well as for the purpose of applying for early retirement.

Application for time off at your own expense

How to write an application for time off at your own expense for one day on account of vacation according to the Labor Code of the Russian Federation. Time off for family reasons, for funerals, for time previously worked

From time to time there is an urgent need to take an extraordinary day off or take time off from work for a while. At the same time, absence from work that is not documented is considered absenteeism. This article examines in detail current problems and controversial issues relating to such a concept as “time off”. After reading the contents of this article, you will be well aware of your rights and will be able to apply them in practice.

Time off according to the Labor Code of the Russian Federation

The legislation of the Russian Federation, in particular the Labor Code (LC RF), does not contain the concept of “time off”. This term can, rather, be classified as colloquial, which in a broad sense means the absence of an employee from the workplace, which is subject to work or has already been worked. Despite the fact that the term “time off” is not found in legislative and regulatory acts, the Labor Code of the Russian Federation discloses a similar concept in Art. 153, which implies that, at the employee’s will, he may be given time to rest on another working day, instead of an already worked day off.

The concept of “time off” also means a day of rest “on account” of the annual leave, or leave without pay for 1 day.

Art. 106-107 of the Labor Code of the Russian Federation contain information that vacation is one of the types of rest time, expressed in days or hours, when the employee is completely relieved of his work duties.

According to Art. 128 of the Labor Code of the Russian Federation, for family reasons and other compelling reasons, an employee, by his personal written expression of will, may be granted leave without pay for a period of time determined by mutual agreement between the boss and the employee.

How to write a leave application

It is not difficult to draw up an application document for time off. It does not provide special forms, but has a standard form, regardless of the grounds and reasons for its writing. When drawing up an application, you should adhere to the following rules:

• You should start writing the application from the “header”, located in the upper right corner of the sheet. It contains information about the addressee (position and full name, in the dative case) and about the applicant (position and full name, in the genitive case).
• Next, the word “statement” is written in the center.
• This is followed by the text of the application, indicating the date (time) and reason for the leave.
• The application ends with the date of drawing up the document, a personal signature with its transcript.

1. In your appeal, you must indicate compelling, valid reasons that prompted you to take a vacation at your own expense. It would be useful to attach photocopies of available documents to the application as confirmation of the authenticity of the reason (marriage certificate, birth certificate of a child, death of a relative, etc.).

2. Time off is considered legal only after written approval from management. Otherwise, failure to show up for work will be considered absenteeism, and may be a reason for dismissal.

3. The conditions for granting time off are usually contained in the employment contract. If there are no such clauses in the contract, the employer has the right to make a decision at his own discretion, including refusing to grant the employee time off for reasons of urgency of work, lack of replacement, as well as for other subjective reasons. The exception is certain legally provided cases when the employer does not have the right to refuse an employee an extraordinary day of vacation. You will learn about such cases later in this article.

4. The logical conclusion from the previous paragraph: an application for time off must be written in advance (3-5 days in advance), and never retroactively.

Examples of applications for time off for various reasons

The basic form of a sample leave application is as follows.

General Director of Pulse-MS LLC

from the machine operator of the convector workshop

Application for time off

I ask you to grant me leave without pay on 05/05/2017 due to the urgent need to visit a veterinarian.

Sample application for leave at your own expense for one day

“I ask you to grant me leave without pay for 1 working day - 05/15/2016 - due to the urgent need to be present in the apartment at my place of residence during urgent repairs of the heating system.”

An application for time off without saving earnings can be written at any time (3-5 days before the required date). It is impossible to predict whether the employer will sign the application or refuse to grant time off. The granting or refusal of leave without pay is influenced by many factors: from the weight and respectability of the reason for the time off, to the personal attitude of the boss towards a particular employee, his replaceability/irreplaceability, etc.

At the same time, you need to know your rights well, defend your interests and demand time off in situations that guarantee time off by law.

Application for time off on account of vacation for 1 day

“I ask you to amend the established vacation schedule and provide me with annual paid leave from August 15 to August 16, 2016 for 2 calendar days.”

When there is a need to take a day off, but you don’t want to take time off at your own expense and don’t want to lose money, the most preferable is time off at the expense of a vacation. The number of days off can be any, with one limitation: the main part of the annual leave should not be less than 14 days.

Important: annual paid leave is paid at least 3 days before it starts, so you should write an application at least 3-4 days before the planned time off so that the accounting department can accrue vacation pay in a timely manner.

Time off for work on a day off

“I ask you to give me a day of rest on June 23, 2017 for working on the day off on June 12, 2017.”

According to Part 1 of Article 113 of the Labor Code of the Russian Federation, work on holidays and weekends is prohibited. However, an employer can involve a citizen (with his consent) to work on a day off, if necessary, to perform important, urgent work on which the full functioning of the company depends.

Art. 153 of the Labor Code of the Russian Federation provides for double pay for work on weekends. In addition, at the will of an employee who worked on a day off, he may be given a day of rest. An employee can use this day of rest, specified in the law, as a day off by writing a corresponding application, and the work performed on the day off will be paid in the standard - single - amount.

Important: regardless of the number of hours worked on a day off, the employee has the right to a full day of rest.

Application for leave for family reasons

“I ask you to grant me leave without pay from 06/14/2016 to 06/15/2016 for family reasons (due to the urgent need to accompany a minor child on a trip to a hospital in Moscow)”

Leave for family reasons for up to 5 days can be taken out:

• at the birth of a child;
• in case of marriage;
• in the event of the death of a close relative.

Some workers believe that these days are paid. It's a delusion. However, the collective agreement may provide for the payment of a one-time benefit for the above circumstances or financial assistance (at the discretion of management).

In addition, employees who have continuous work experience exceeding 6 months can take a few days or hours off for other reasons that can be classified as “for family reasons.” Workers who have not worked for 6 months do not have the right to this (at the discretion of management), except for 3 categories of persons:

• pregnant women;
• parents of children under 3 months;
• minors.

Time off for previously worked time

“I ask you to give me a day off - 07/05/2017, for previously worked time - 01/01/2017.”

Time off for previously worked hours may be provided to an employee at his request, as an alternative to monetary compensation for hours already worked.

Time off for overtime

“I ask you to grant me leave on 09/13/2017 for the time worked above the norm on 07/08/2017.”

Overtime work (overtime) has the same legal nature as work on holidays and weekends. By virtue of Art. 152 of the Labor Code of the Russian Federation, at the written request of the employee, instead of double pay, it can be compensated by providing time off for a time no less than the overtime worked, and overtime hours are paid at a single rate.

Application for leave for a few hours

“I ask you to grant me leave without pay on July 14, 2017 from 15:00 to 17:00, for family reasons.”

The Labor Code of the Russian Federation does not establish a minimum threshold for the duration of time off, which means that by mutual agreement between the employer and the employee, the latter can be granted time off even for several hours.

Time off for a funeral according to the Labor Code of the Russian Federation

“I ask you to grant me leave without pay from 02/01/2017 to 02/05/2017 due to the death of my sister”

In accordance with Art. 128 of the Labor Code of the Russian Federation, in the event of the death of a close relative (children, brothers, parents, sisters, grandparents, grandchildren), the employee can count on leave without pay for a period not exceeding 5 calendar days. If this time is not enough, it can be extended to 14 days.

Can they refuse time off at their own expense?

The Labor Code of the Russian Federation provides guarantees of the right to leave without pay for up to 5 days in a row to citizens belonging to certain categories, and also determines the total number of days off provided per year. For example:

• For WWII participants – up to 35 days.
• For working pensioners - up to 14 days
• For working disabled people – up to 60 days.
• For parents and spouses of deceased or injured military personnel – up to 14 days.
• For employees who take entrance exams to a university – 15 days.

The Labor Code of the Russian Federation provides guarantees of the right to time off when an employee encounters certain life situations, such as:

• marriage;
• birth of a child;
• death of relatives;
• donation of donor blood (1 day off – on the same day).

Other “legitimate reasons” to take time off

Every officially working citizen is given the legal right to rest for time worked, overtime, on account of annual leave, and so on; it is enough to correctly draw up (submit) an application for time off and, if necessary, agree with management on specific dates for rest days.

The material was prepared by order of the law firm "Dominium"

Time off at your own expense. Cases of mandatory submission of time off

Time off at his own expense is provided to the employee only after agreeing on this issue with the manager. In cases provided for by law, a superior cannot refuse such a request to a subordinate. This norm is fixed in the labor code. In addition, a citizen has the right to ask the manager for time off at his own expense if he carried out official activities during non-working hours.

Coordination with the manager

In order to get an unscheduled day off, you need to address this issue to your boss. If a subordinate has a good relationship with the manager, and he does not let him down in the performance of his official duties, then the employer will always accommodate such an employee. In this case, you must draw up an application for time off at your own expense and submit it to your boss. Then wait for the latter's decision.

In some cases provided for by law, the boss must grant the employee an unscheduled day off, for example, for carrying out official activities outside of working hours. In addition, some subordinates are entitled to additional unpaid leave. These include:

• working pensioners;
• war veterans;
• wives and parents of fallen military personnel, law enforcement officers, and fire service personnel;
• disabled people.

You can also take time off at your own expense in the event of official registration of family relationships, the birth of a baby, or the death of loved ones. In all other cases, this issue is resolved directly with the manager. In this case, you need to draw up an application and indicate in it a valid reason why the person wants to take time off at his own expense.

Decor

In order to receive an unscheduled day off without saving income, you need to prepare an application and submit it to your boss. You can draw up this document yourself or take a ready-made form from the organization’s human resources department. The application for time off at your own expense is completed as follows:

To the director of __________ (name of institution)

___________________ (surname and initials)

from a subordinate _________________________________

I ask you to provide a day of additional rest (indicate the number) without maintaining the average income, in connection with the formalization of marital relations.

Citizen’s signature ____________ (transcript)

Also, an application for time off at your own expense can be written without indicating a legal basis. In this case, you will need to obtain the consent of your boss.

To the head of the department _______________________

______________________(surname and initials)

from employee ______________________________

Please allow me a day without saving income due to family circumstances (it is best to write about them in full).

Subordinate's signature _________

In this case, time off is granted at the discretion of the manager.

For time worked

Situations very often occur at enterprises when a citizen is called upon to perform official duties during non-working hours, which must be supported by an order. Based on this document, the employee will be able to request another day off from the manager in the future. If the boss refuses this request to a subordinate, this will be a serious violation of labor laws.

Time off towards vacation

Sometimes situations occur in life when an employee simply needs to take an extra day of rest to solve his personal problems and at the same time keep his earnings for the missed time. In this case, you need to submit an application for time off on account of your vacation. There is no sample of it in the legislation, so a citizen can prepare it independently or take a form from the personnel department. Here it is necessary to note the fact that persons who have been working in the organization for at least six months have this right. Such a statement is drawn up as follows:

To the director ____________________ (company name)

_______________________________ (surname and initials)

from employee ___________________ ( surname and initials)

I ask you to provide me with one day as my main vacation.

Signature of the subordinate ____________ (transcript)

After writing the application, you need to submit it to the manager for signature and wait for his decision. If it is positive, then you will need to go to the HR department with this document, where a specialist will draw up an appropriate order. And only after this can you count on an additional day of rest.

Extenuating circumstances

Days without pay are provided to employees only upon agreement of this issue with the head of the enterprise. But what should you do if there is a good reason, but your boss won’t let you leave work? In this case, TC comes to the rescue. It states that the boss must provide leave without pay in the following cases:

In this case, its duration is up to five days. Therefore, in such situations it is necessary to prepare a statement. It should contain Article 128 of the Labor Code as a basis. This is necessary in order to receive time off at your own expense. A sample application is presented below:

To the head of the department __________________

_________________ (surname and initials)

from an employee _________________________________

Please give me a day off with income withholding due to the birth of the baby on ________ (specify date).

I will provide a copy of the child’s birth certificate after receiving it.

How to fill it out correctly

Even if a citizen only needs a couple of hours to visit a doctor at a clinic, he still needs to formalize the time off in writing at his own expense. A sample application is as follows:

To the head of the department _______________________________

____________________________ (surname and initials)

from subordinate ______________ (last name and initials)

I ask you to give me a day off with withholding of my earnings due to the fact that I need to go to see a doctor at the clinic.

We have reviewed samples of applications for time off. We hope the information was useful to you.

Time off at your own expense

Time off at one's own expense in the generally accepted sense means the employer's permission for an employee to miss a working day without pay. But does such a concept exist in law?

The word “time off” does not exist in the Russian Labor Code. There is the concept of additional leave, which can be provided for a number of reasons without pay (unpaid leave). These could be the employee’s valid reasons, family circumstances, or the employer’s obligation to compensate, for example, for overtime worked.

Need rest

Additional rest may be provided to an employee:

• for previously worked overtime instead of payment;
• according to personal desire, requirement.

The latter formulation may be satisfied by the employer, but may be refused. A day off on account of future or partially used vacation cannot be considered time off at one’s own expense.

Word of the law

If employees are delayed at the workplace at their own request, the employer has the right not to provide time off at the time specified by the employee. Therefore, any order regarding overtime work or on weekends and holidays must be made in writing by management with advance notice and an order signed. This provision is regulated by Letter of Rostrud 10.03.08 No. 658.6.0.

In the case of officially registered overtime, on holidays or on weekends, the employee can choose independently whether he wants to receive the payment required by law at least 1.5-2 times the regular rate or replace it with a day of additional rest. This is regulated by Art. 152 TKRF.

Additional rest can be provided based on the number of hours worked overtime, that is, for a day, several days or part-time.

And when working on weekends and holidays, the employee has the right to an unpaid day of rest during working hours and to single payment for the time actually worked under Art. 153 of the Labor Code.

In this option, the time off will appear in the time sheet as a simple day.

Moreover, the same article stipulates that the day is provided to the employee regardless of whether he worked a full day on a day off or just a few hours. Mandatory rest is also required for donors, which is regulated by Article 186 of the Labor Code.

The remaining options for obtaining time off are optional for the employer, except for reasons recognized by law as valid and specified in the collective agreement. By decision of the employee, donor days can be added to vacation, that is, he has the right to increase vacation, and it is absolutely legal.

Good reasons

• According to the law, there are only three valid reasons for taking time off at your own expense.
• death of a close relative (parents, children, spouses);
• own wedding;

birth of a child (for father).

In other cases, if the union has not taken care of satisfying other reasons, the employer may refuse.

• Typically, at large enterprises, the collective agreement includes the following valid reasons for time off:
• children's wedding,
• death of any relative,

The manager’s decision to refuse additional time off may be influenced by:

• the indispensability of the employee at his workplace,
• reporting period,
• short period of work, being on a probationary period,
• frequent registration of additional rest,
• disciplinary violations,
• by necessity,
• personal attitude towards the employee, his reputation at work, etc.

Dismissal of an employee due to staff reduction is a lengthy procedure. Read more in the article.

Time off and length of service

By law, an employee can only take 14 days off per year at your own request. The employer, for a valid legitimate reason, is required to provide up to 5 time off at the request of the employee. All time off in excess of the two-week limit will be deducted from the total length of service when calculating the pension.

From this point of view, it is more profitable to take time off for the extra time worked, the main thing is to formalize it.

You can foresee such a situation in advance and leave your vacation a couple of days earlier by agreement with your superiors in order to have them in reserve. In these cases, additional days of rest will not be noticeable on the report card, and therefore will not reduce the legal limit.

We arrange time off at our own expense

Time off or additional rest according to the Labor Code is issued with the prior consent of the parties and upon the personal application of the employee. But there are some nuances here. The application can be submitted in several ways. Moreover, according to the law, in some situations the employer has complete carte blanche, and in some his actions are strictly limited by the law.

Time off that is not arranged in advance, even if it is taken for legitimate reasons, is considered absenteeism.

And therefore, it qualifies as a reason for dismissal.

Duration for different categories of workers

Time off at your own expense also includes vacation at your own expense. For some categories of employees it is required to be provided upon application. This is stipulated in the Labor Code.

There are certain standards that cannot be exceeded:

• age pensioners (women over 55, men over 60) have the right to 14 days unpaid additional rest per year;
• participants of the Great Patriotic War for a period of no more than 35 days;
• Disability pensioners have the right to a maximum of 60 days of rest without pay;
• full-time students during the session, practice, writing a diploma for a period of 15 days to 4 months;
• applicants to universities, technical schools, vocational schools for the period of taking preparatory courses, passing entrance exams no more than 15 days;
• spouses or parents of military personnel killed in the line of duty before 14 days a year;
• employees working in difficult conditions, in the far north or in conditions equivalent to them;
• part-time workers are required to provide leave at their own expense for a period that does not overlap with part-time leave in relation to leave at the main place of work.

Statement

For small companies where there is no specific form, an application for time off at one’s own expense is written to the immediate supervisor in free form. For large companies and enterprises there is a specific form, and the HR department should have a sample application.

Sample application for time off at your own expense: Sample-application-at-your-own-expense

On each application, the reasons for granting time off must be indicated when endorsed (for future leave, according to the Labor Code, due to one’s own wedding, for previously worked time, etc., if the reason for granting time off is regulated by law, then it is necessary to indicate the article of the Labor Code - base).

Based on the application completed and signed by the manager, an order is issued indicating the reasons for the leave of absence and the basis for consent.

The employee gets acquainted with it against his signature, the order is sent to the employee’s personal file.

Decrease in earnings

The procedure for payment and registration of time off may be additionally specified in the collective agreement. Time off at your own expense is not paid. If it is provided on account of days of vacation registered but not taken, the employer has paid for it in advance.

In the situation of working on weekends, as mentioned earlier, time off can be chosen in exchange for part of the double pay for the day off worked.

Moreover, if the day off is not fully worked, then payment is made at the standard rate for the hours actually worked, and the additional day of rest is provided in full (Letter of Rostrud dated 07/03/09 No. 1936.6.1).

It should be taken into account that the number of days off without pay affects the calculation of the amounts of sick leave, maternity leave, and vacation pay, since these days reduce the average earnings. There is no payment for days off.. He agreed with the employer on a single payment and a day off compensation on the Tuesday following the working day off. No payment is made for the sixth day, since this day is equivalent to a day off, and with this method of payment it is not taken into account for the purpose of calculating wages. Moreover, if all the other days were worked according to schedule, then the number of working days in the month will not change, since in fact the 4th and 6th were simply swapped, that is, the employee will not lose any salary, will get a day off, just at a different time , meeting the employer halfway.

Go a different way

Leave without pay can only be taken with the consent of the employee. If such additional rest is initiated by the employer, then it is called idle time and must be paid in the amount of 2/3 of the salary.

If an employee needs a day of additional rest for family or other reasons that are not described in the Labor Code as mandatory for the employer, and the boss does not want to objectively or not provide it, then there is practically no way out.

The situation can be saved by making a request to higher authorities, but in practice, the manager always supports the manager. So, if the boss is biased towards the employee for personal reasons or is simply an unfriendly person, then you will not be able to do your personal business during working hours - you will have to wait for a legal vacation.

In Russian legislation in labor relations, of course, there is no concept of time off, but in reality everyone understands what we are talking about even without legal background. Usually, the interpretation of this concept does not cause controversy. But it is worth remembering that unauthorized time off, without confirmation of the consent of management, is defined as absenteeism, and therefore, the employee has the right to be fired under the article.

How is Cyprus used in offshore schemes? See here.

The card details for salary transfer can be provided personally by the employee. Read more in the article. 14 days In the event of a controversial situation and legal proceedings, only a violation by the employer in the form of a refusal to sign a statement will be relevant in cases where the law stipulates the mandatory provision of time off, even if the total amount per year exceeds the permissible

It should also be understood that time off cannot be a bargaining chip in the relationship between the employee and the employer, and you cannot, having taken time off, work it off later (first work off, and only then compensation with additional rest). There are no restrictions on the total number of days and on a one-time application for granted time off.

When annual leave has been used, and a situation arises in life where vacation is needed right now, the employee can take additional days of rest by contacting the employer with an application for leave at his own expense. What this leave is, who has the right to use it and what features it has, we will consider in this article.

Vacation without pay

Vacation, which is commonly called “at your own expense,” is regulated by Art. 128 Labor Code of the Russian Federation. Labor legislation uses the concept of “leave without pay.” It is often also called administrative.

Based on the law, such leave is granted:

• for family reasons and other valid reasons;
• duration, which is agreed upon by the employee and the employer.

This means that the employer is not obliged to provide the employee with unpaid leave, and if it is unprofitable for him to leave the employee during this period or he considers the reasons given by the employee to be unjustified, he can refuse him leave (read about exceptions below).

Advantages and disadvantages

In addition to the fact that the vacation we are considering is not paid, you also need to take into account the following:

• no insurance premiums are paid during this period, which means the pension does not increase;
• if an employee falls ill during this period, the days on which he was on vacation will be excluded from sick pay;
• despite the fact that the maximum period is not established by the legislator, in Art. 121 of the Labor Code of the Russian Federation there is a rule according to which, in the case of a vacation duration of more than 14 days, the calculation of the calendar year for assigning paid leave is shifted by the amount of the excess.

However, unpaid leave also has its positive aspects. All of them are that the employee can legally obtain release from work at any time. If, of course, the employer gives his consent and the work process at the enterprise does not suffer from this. This is a safety net for parents of frequently ill children, a chance for young fathers to be close to their family in the first days of their child’s life, and freedom for those who love to travel. You just need to remember that abuse of this right can have a negative impact on the employee’s reputation.

M.G. Sukhovskaya, lawyer
E.A. Shapoval, lawyer, PhD. n.

Who is entitled to leave without pay as a benefit by law?

Some categories of workers (so-called benefit recipients) can legally take unpaid leave of a certain duration each year, and at a time convenient for themselves (see the explanation of the Ros-tru-da specialist). We will provide a list of them.

The above list deliberately does not include persons who are entitled to leave at their own expense in connection with participation in the Great Patriotic War. Art. 128 Labor Code of the Russian Federation; clause 9 art. 17 of the Law of January 12, 1995 No. 5-FZ. The list also does not include categories of persons who are entitled to targeted unpaid leave, in particular due to the following circumstances:

• <или>admission or study at universities and vocational schools Articles 173, 174 of the Labor Code of the Russian Federation;
• <или>participation in election procedures (registered candidates, their proxies, as well as members of election commissions) Part 4 Art. 48, part 4 art. 22, part 1 art. 47 of the Law of May 18, 2005 No. 51-FZ; clause 3 art. 16, paragraph 1, art. 42, pp. 3, 6 tbsp. 43 of the Law of January 10, 2003 No. 19-FZ; Articles 11, 24 of the Temporary Regulations (Appendix to the Law of November 26, 1996 No. 138-FZ).

WE TELL THE EMPLOYEE

If a beneficiary in the current working year won't use it his right to due to him leave without pay, then such leave is not transferred to the next year.

But first let’s say this. If a beneficiary has the right to leave without pay for several legal reasons at once (for example, as a working pensioner - for 14 days and as a working disabled person - for 60 days), then these leaves do not add up. In this case, at the request of the employee, he should be granted leave of the longest duration of all possible on one of the grounds (see the explanation of the Ros-laud specialist in,).

The Labor Code does not specify during which year (calendar or working) the employer is obliged to provide benefit recipients with leave at his own expense no less than the duration established by law and Art. 128 Labor Code of the Russian Federation. Rostru-de told us what to guide an employer when making a decision.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“In Art. 128 of the Labor Code of the Russian Federation there is no certainty on this issue. At the same time, the duration of unpaid leave affects the amount of length of service required to provide annual paid leave. No more than 14 calendar days of vacation at your own expense are counted as length of service. Art. 121 Labor Code of the Russian Federation. Therefore, it appears that the employee has the right to use this leave during the working year. In addition, if such leaves were provided during the calendar year, then in certain situations the employee would not be able to take such leave. For example, if an employee takes a job shortly before the end of the year, he will not have enough time to fully use such leave.

Vacations at your own expense, granted annually on the basis of direct instructions in the law, are indicated in the working time sheet by codes “OZ” or “17”, except for those highlighted in the table with color . These holidays are designated by the codes “DB” or “18”.

Category of workers	Maximum duration of unpaid leave	Confirmation document
Working old-age pensioners (by age) Art. 128 Labor Code of the Russian Federation	14 calendar days a year	Pensioner's ID
Working disabled people Art. 128 Labor Code of the Russian Federation, including disabled combat veterans (disabled war veterans) Art. 4, sub. 17 clause 1 art. 14 of the Law of January 12, 1995 No. 5-FZ	60 calendar days a year	Certificate of medical and social examination on the establishment of disability and the form was approved by Order of the Ministry of Health and Social Development dated November 24, 2010 No. 1031n
Combat veterans subp. 11 clause 1 art. 16 of the Law of January 12, 1995 No. 5-FZ	35 calendar days a year	Combat Veteran Certificate the form was approved by Government Decree No. 763 dated December 19, 2003, on the right inner side of which after the words “The bearer of this certificate has the rights and benefits established by paragraph...” the numbers “1” or “2” are indicated
Persons awarded the badge “Resident of besieged Leningrad” subp. 9 clause 1 art. 18 of the Law of January 12, 1995 No. 5-FZ	35 calendar days a year	Certificate for the badge and the badge itself
Parents and wives (husbands) of military personnel who died or died as a result of Art. 128 Labor Code of the Russian Federation: <или>wounds, contusions or injuries received during military service; <или>illness associated with military service	14 calendar days a year	a certificate (notification) of death (death) and a conclusion of a military medical commission on the causal connection of death (death) with injury (wound, injury, contusion) or disease received as a result of military trauma; birth certificate of children or marriage
Heroes of Socialist Labor and full holders of the Order of Labor Glory Part 2 Art. 6 of the Law of 01/09/97 No. 5-FZ	3 weeks a year	Hero's book or order book clause 9 of the Instructions, approved. Resolution of the Presidium of the USSR Supreme Court dated June 11, 1980 No. 2260-X; clause 5 of the Instructions, approved. By Presidential Order No. 96-rp dated 04/03/97
Heroes of the Soviet Union, heroes of Russia, full holders of the Order of Glory clause 3 art. 8 of the Law of January 15, 1993 No. 4301-1
Volunteer firefighters of territorial divisions of the voluntary fire department clause 7 art. 18 of the Law of May 6, 2011 No. 100-FZ	10 calendar days a year	Extract from the register of volunteer firefighters Art. 13 of the Law of May 6, 2011 No. 100-FZ

In relation to working pensioners, the question arises: is the employer obliged to provide unpaid leave to a former military personnel receiving a long-service pension?

FROM AUTHENTIC SOURCES

“Age pensioners include only persons who have reached retirement age and who, in accordance with pension legislation, may be assigned an old-age pension. Art. 7 of the Law of December 17, 2001 No. 173-FZ.

At the same time, former military personnel receiving a long-service pension, if there are conditions for the appointment of an old-age labor pension, have the right to simultaneously receive a long-service pension and an old-age labor pension (with the exception of the fixed basic amount of the insurance part of the old-age labor pension) Part 4 Art. 7 of the Law of 12.02.93 No. 4468-1.

Thus, former military personnel receiving a long-service pension have the right to be granted leave without pay for up to 14 calendar days a year, if by this time they are entitled to an old-age pension.”

Rostrud

In addition, the law provides for a number of other cases mandatory providing unpaid leave so that certain categories of workers can exercise their right to annual paid leave.

Regional laws cannot be installed additional mandatory grounds for granting leave without pay Determination of the Supreme Court dated October 12, 2005 No. 47-G 05-17.

So, leave at your own expense is due:

• persons working in the Far North and equivalent areas - for the time necessary to travel to the place of use of annual leave and back Art. 322 Labor Code of the Russian Federation;
• for the wives of military personnel - the difference between the duration of the wife's annual leave and the husband's leave, provided that the wife's leave is less clause 11 art. 11 of the Law of May 27, 1998 No. 76-FZ;
• for part-time workers - the difference between the duration of their annual leave at their main place of work and part-time, if the leave at their main job is greater Art. 286 Labor Code of the Russian Federation.

The employer in its local acts, collective agreements or agreements may provide and other categories of workers who are entitled to additional leave at their own expense. The Labor Code cites such workers as an example. Art. 263 Labor Code of the Russian Federation:

• employees with two or more children under the age of 14 or a disabled child under the age of 18;
• single parents (mothers and fathers) raising a child under 14 years of age.