The procedure for granting and duration of unpaid leave. Documentation of leave “at your own expense” Has the right to leave without pay

Vacation days have been used up, but the employee needs time off from work? If the management does not mind, he can rest at his own expense. Find out in what situation the employer does not have the right to refuse.

Who is provided with mandatory unpaid leave?

Administrative leave at the initiative of the employee. Some employees can be released from work at any convenient time without pay. wages, even if the organization is unprofitable from their temporary absence. We are talking about preferential categories (Article 128 of the Labor Code of the Russian Federation).

Employees who have an unconditional right to leave without pay:

participants of the Great Patriotic War(Article 128 of the Labor Code of the Russian Federation);
working disabled people and age pensioners (Article 128 of the Labor Code of the Russian Federation);
combat veterans (Law No. 5-FZ of January 12, 1995);
volunteer firefighters (Law No. 100-FZ of May 6, 2011);
nstate and municipal employees (Law No. 79-FZ of July 27, 2004, Law No. 25-FZ of March 2, 2007);
full holders of the Order of Glory, Heroes of the USSR or the Russian Federation (RF Law No. 4301-1 of January 15, 1993);
parents and spouses of military personnel, employees of internal affairs bodies and the penitentiary system, customs and federal fire service who died in the line of duty or as a result of related diseases (Article 128 of the Labor Code of the Russian Federation);
employees receiving higher (Article 173 of the Labor Code of the Russian Federation) or secondary vocational (Article 174 of the Labor Code of the Russian Federation) education;
employees working in the Far North and equivalent areas for travel to and from their vacation spots (Article 322 of the Labor Code of the Russian Federation).

Personnel officer's memo. How many days of unpaid leave should employees be given?

In addition, unpaid leave of up to five calendar days provided to any employee in connection with the birth of a child, death close relative or marriage registration.

Real changes in vacations and speculation from the Internet: how to distinguish

Duration of leave without pay

If leave is provided by agreement of the parties, the employee and employer jointly decide what its duration will be. The maximum duration of unpaid leave is determined by law if it is granted in mandatory.

✔ State and municipal employees have the right to take leave for 1 year without pay.

✔ Working pensioners have the right to a maximum of unpaid leave for 14 days per year (Article 128 of the Labor Code of the Russian Federation).

✔ Combat veterans can get extra rest up to 35 days per year.

✔ Working disabled people can take additional leave without maintaining a salary no more than 60 days a year. But by agreement of the parties, the vacation period can be extended. The Labor Code of the Russian Federation does not limit the duration.

✔ When release from work is required to study at a technical school or university, the stage is taken into account educational process, on which the student is located. So, to pass entrance exams to a university, you have 15 days, state exams - 1 month. If a student is cooking final work and immediately passes the state exams, he is provided up to 4 months unpaid leave. Upon receiving the average vocational education period of unpaid leave to take entrance exams and intermediate certification amounts to maximum 10 days, for final certification - up to 2 months.

Attention! Extending the period of leave without pay beyond the legally established threshold is possible only with the consent of the employer!

Providing leave without pay: step-by-step instructions

To complete the procedure, you will need at least two documents - an application and an order. Vacations are processed in four stages:

Step 1: Get a written statement

The document is drawn up in free form. It indicates the reason why the employee requires release from work, as well as the desired start and end dates of the leave. The application can be accompanied by copies of documents confirming the existence of valid grounds (for example, a birth certificate of a child or the death of a relative) or a legal right to additional rest (medical report, confirming disability, a certificate from a university or part-time job, etc.).

Step 2: Check if the employee is legally entitled to unpaid leave

If yes, make sure that he has not yet used up all the allotted days for the current year, and proceed to filling out the order. If the law does not require that an employee be released from work without fail, make a decision based on the current production situation, the reasons stated by the applicant and the explanatory documents attached to the application.

Step 3. Issue an order to provide leave at your own expense

You can take as a basis unified form No. T-6 or a form developed by the employer. Fill out the “header” as usual, below indicate information about the employee: last name, first name and patronymic, position, department, personnel number. Since we are talking about unpaid leave, the column “for the period of work” does not need to be filled in.

Order on granting leave without pay in days

Next, proceed to the sections indicated by letters. In section “A”, put a dash instead of the number of calendar days, in section “B” indicate the number of vacation days, as well as the start and end dates of the vacation provided. Enter the final information in section “B”. If the employee is provided only with days at his own expense, the data in sections “B” and “C” will be the same.

Certify the leave order at your own expense with the signature of the head of the organization and a seal, if the employer uses it in personnel work.

Step 4. Familiarize the employee with the order

Make sure that he signed the order for leave without pay and correctly indicated the date of review. IN otherwise proving that the employer brought the order to the attention of the employee will not be easy.

Since the employee’s salary is not retained during his absence, there is no need to pay vacation pay or draw up a calculation note. But information about the leave granted should be reflected in section VIII of form No. T-2 and the working time sheet.

Sometimes an employer can provide an employee with leave without pay, sometimes it is simply obliged to do so. The reasons giving the right to be released from work at any convenient time are established by federal law, but the company can establish additional reasons collective agreement or local act. For the procedure to be considered legal, do not forget to obtain a written statement from the employee and issue an appropriate order.

According to the Labor Code of the Russian Federation, leave without pay can be issued on the basis of a written request from an employee in connection with personal reasons, but with the consent of the employer. Certain employees cannot be denied leave without pay.

Registration of leave without pay

In order to receive leave without pay for personal reasons, an employee must contact authorized person organizations with an application to in writing. The document is formatted as follows:

In the upper corner the full name of the manager and the name of the organization, as well as the full name and position of the employee are indicated.
Next, the employee writes that he is asking for leave without pay, and indicates a specific period of leave.
Below, the employee signs and dates it.

On the application, the manager writes a resolution. If the decision is positive, a corresponding order is issued.

Providing compulsory time off

Article 128 of the Labor Code of the Russian Federation specifies the categories of employees for whom the provision of unpaid leave must be agreed upon. These include:

WWII participants - no more than thirty-five days per year;
pensioners who have retired due to age – up to fourteen days a year;
parents and spouses of employees of the Ministry of Internal Affairs, fire services, customs, military personnel who died as a result of injuries and mutilations received during the performance of official duties - up to fourteen days a year;
for disabled people – up to sixty days per year;
part-time workers: they are provided with the difference between paid leave at their main job and at an additional one (read about the procedure for granting leave to part-time workers);
persons working in the North: for the period necessary to travel for rest and back;
heroes of the Russian Federation and the USSR - no more than sixty days a year;
students of higher and secondary special education educational institutions- for the period of the session. About granting study leave to an employee in accordance with the Labor Code of the Russian Federation - read on our website

The employer is required to provide all employees with five days of vacation in the following situations:

wedding;
birth of a child;
death of close relatives.

At its discretion, the employer can provide the above categories of employees with longer leave without pay.

Collective and labor agreements may also provide for other situations when the employer cannot fail to agree with the employee on taking leave without pay.

Features of unpaid leave

Taking a vacation at your own expense has a number of nuances:

An employee entitled to such leave, on the basis of the second paragraph of Art. 128 of the Labor Code of the Russian Federation, but did not use it or did not use it completely, cannot transfer it to the next year.
If during the vacation period without pay there are holidays, then it is not extended, unlike paid leave.
The law does not establish a minimum or maximum (except for mandatory) duration of leave. The duration is determined based on an agreement between the employee and the employer.
An employee has the right to leave leave without pay early, and the employer does not have the right to refuse him this.

Forced leave at the initiative of the organization

At the initiative of the organization, an employee may not fulfill his duties in the event of downtime, suspension from work, or forced absenteeism. According to the law, leave without pay at the initiative of the employer is not possible.

Downtime due to the fault of the employer according to the Labor Code of the Russian Federation implies a temporary cessation of work for production, economic and other reasons. According to Article 157 of the Labor Code of the Russian Federation, an employee must be paid for the downtime period in the amount of at least two-thirds of it average salary. The exception is the situation when the cause of the downtime was the actions or inaction of the employee himself.

According to Art. 76 of the Labor Code of the Russian Federation, the employer has the right to prevent an employee from performing his labor responsibilities without pay in the following situations:

the employee came to work in a state of intoxication;
the employee did not pass the mandatory medical checkup, or as a result of the examination it was determined that for health reasons he is unable to start work;
The employee did not undergo safety training.

If an employee does not undergo a timely medical examination or safety training due to the fault of the employer, he must be paid.

For information on granting leave without time off, watch the video below:

An employer who forces an employee to take unpaid leave without pay legal grounds, faces a fine in accordance with Article 5 of the Code of Administrative Offenses of the Russian Federation, namely:

from 1000 to 5000 rubles for private entrepreneurs and managers;
from 30,000 to 50,000 rubles for enterprises.

An employee who was wrongfully suspended from work without pay and who was able to prove this, the employer is obliged to compensate for losses, including moral damage.

Want more information? Ask questions in the comments

The law does not provide for a situation where a manager can require an employee to go on vacation without pay. However, in practice, leave without pay at the initiative of the employer exists and is actively used. In this case, the employee must understand what rights he has under the law.

In 1996, the issue of free holidays at the initiative of the enterprise management was considered by the Ministry of Labor. It has issued clarifications on this issue. After this, a resolution was issued that confirmed them.

There, situations were considered when an employee can go on vacation without pay. It was indicated that one of the reasons could be family circumstances. The employee had the right to ask for leave, confirming the reason with relevant documents. In such a situation, it was allowed to take a vacation of up to 5 days.

Other options to go on unpaid leave are not prohibited, but can only be carried out with the permission of the boss.

Labor Code The Russian Federation allows certain categories of citizens to receive this type holidays:

If a citizen is retired but continues to work, he is given this right. However, during the year you are allowed to receive no more than 14 days. Take vacation days You can do it in parts or all at once.
An employee who is the wife of a deceased military man has the right to take 14 days without pay annually.
If an employee has a disability, he is allowed to receive 60 days annually at his own expense.
A student who works is entitled to 15 days of such leave.
Those who take entrance exams to a university receive 15 days to do so.
35 days are given to veterans of the Great Patriotic War.

Except those who receive this right on the basis of the Labor Code of the Russian Federation, there are other categories, the release of which is determined by other regulations:

Heroes of Socialist Labor receive 21 days of leave without pay.
those who were residents of besieged Leningrad have the right to go on unpaid leave for two months;
Heroes Soviet Union is given the right to 21 days;
Heroes of Russia can receive up to 21 days of unpaid time off each year.

Simple

This situation arises if work was suspended by decision of the employer. The reasons can be not only economic, but also technological, organizational or technical.

Although this situation is similar to a vacation at your own expense, there are two important differences:

if there is downtime due to the fault of management, then the employee receives two-thirds of his average earnings for his entire time;
During time off, the employee is not at his workplace; during downtime, he must be at work.

Usually the question of where he should be is decided by the manager, taking into account current regulations. If the employee is allowed to leave workplace, he may have free time.

Payment for downtime depends on who was at fault. There are three possible cases:

In a situation where downtime occurs due to equipment breakdown, the employee has the responsibility to report to his boss about the start of downtime.

Suspension from work

This refers to a situation where a manager has suspended a subordinate from work for certain reasons.

This usually happens in the following situations:

An employee who came to work while intoxicated (it could be alcohol, drugs or any other) is suspended.
To perform your immediate duties, you must undergo appropriate training in labor safety. If this is not done, dismissal from work is possible.
Some professions require a mandatory medical examination. Sometimes it is necessary psychiatric examination. If an employee evades these procedures, the boss must remove him from his immediate duties.
Sometimes the one who starts work must satisfy certain medical requirements. If he does not comply with them, he cannot perform his job duties.
Failure to have the appropriate qualifications to perform the job, or a license if required, will result in disqualification.
Removal occurs at the initiative of the boss if there are appropriate grounds. This is done only until the causes are eliminated.

If an employee was suspended due to his fault, then his salary will not be accrued. However, a situation is possible when he did not pass the medical examination through no fault of his own. In this case, his work is paid in the same way as during downtime. A similar situation occurs if he did not receive instructions on labor protection issues due to the fault of other people.

A medical report may cause an employee to be transferred to another location for up to four months. If he refuses to comply, he is removed. At the same time, for the specified period, his workplace remains with him.

It happens that the boss does not have the opportunity to provide the work mentioned. However, in this situation, the employee will be suspended for the specified period.

IN the latter case Usually no wages are accrued, but in collective agreement Payment may be provided in such situations. Another basis for receiving money may be an employment contract concluded with him.

Forced absenteeism

One of the reasons for absence from work may be, for example, illegal dismissal. If such a situation occurs, the employee must prove the fact that the dismissal was illegal. In this case, he must be fully compensated for the earnings that he did not receive for this reason. This is stated in Article 234 of the Labor Code of the Russian Federation.

It must be taken into account that this period of time must be taken into account when determining the length of service that gives the right to receive basic paid leave in accordance with Article 121 of the Labor Code of the Russian Federation.

Unpaid leave at the request of the employer

The legislation does not provide for the option when the boss demands that the subordinate take it.

If we are talking about a request from a boss to his employee, then the latter has the right to voluntarily agree to such a development of events. In this case, leave at your own expense is issued in the usual way. The only peculiarity is that, in case of agreement, the duration of the rest is automatically agreed upon.

Sometimes the employer may offer the employee to take time off without pay in the form of suspension from work. At the same time, the employee must be careful - the fact is that this action in the future may become the basis for disciplinary action.

Can they be sent on vacation without consent?

The law answers this question unequivocally: the employer does not have such a right. However, in real life This is not so rare. In fact, there is a request from the boss to the subordinate about this. Moreover, it is very difficult to refuse in this situation.

Typically, such situations arise in cases where the company, for some reason, does not have enough money to pay salaries. If employees go on leave without pay, the salary fund for the corresponding month will be significantly less.

How to send an employee on vacation at your own expense

This situation usually arises if the workload of subordinates is insufficient. Since it is impossible to send an employee on unpaid leave, we can say that there is downtime.

Thus, the employee will receive two-thirds of his salary during this time. Of course, in this case there will be some savings in the salary fund, but it will be much less than in the case of taking unpaid leave at will.

The financial difficulties of an enterprise fall under the category of business risk, which is borne by the employer, and not by his employees.

Maximum period of leave without pay

There is no direct limitation on this period.

If the law allows the employee to take the leave in question, then the following rules apply:

If there is a good reason, which is confirmed by relevant documents, then at his request he must be granted such leave for a period of up to 5 days.
The law provides certain categories of the population with the right to take free vacation at will within the allotted number of days.
If the law allows an employee to take a certain number of days without pay within one year, he can receive them if his boss does not object.
If an employee has exceeded his limit, then, in agreement with the director, he can receive the required number of days off, however, all days exceeded will be deducted from the length of service to determine vacation time.

The standard number of days of unpaid leave allowed is fourteen days. For certain categories of citizens this number has been increased. Thus, a person with a disability has the right to receive sixty days for this purpose.

Payment for forced leave at the initiative of the employer

Forced leave at the initiative of the employer can be carried out as follows:

as a suspension from work;
as forced absenteeism;
in the form of downtime.

In the first case, payment is possible only in cases where the suspension was not the fault of the employee. In this case, the payment will be the same as for downtime due to the fault of the boss.

Forced absenteeism occurs provided that the employee has proven the manager wrong in the event of dismissal or illegal removal. In this case, the average salary is paid for the entire period of such absenteeism.

Downtime due to the fault of the boss means that two-thirds of the employee’s average salary will be paid.

In case of downtime due to the actions of third parties, payment will be two-thirds of the employee’s salary.

In all three situations considered, if the employee does not perform work due to his own fault, he is not entitled to payment for this time.

Design features

When carrying out registration, the following features take place:

If an employee plans to take unpaid leave, he must first determine whether he is entitled to it by law. If the law gives him such a right, then the employer is obliged to provide him with leave. If the situation is different, then you need to coordinate this issue with your boss.
The first 14 days are included in seniority, subsequent ones - no.
Having received free leave, an employee has the right to interrupt it at will and go to work. At the same time, he must notify the manager about his decision.

Registration of free vacation occurs in this way:

The employee writes an application addressed to the boss with a request for leave.
The manager issues an order to provide him with the required number of days.
The employee goes on vacation.
Such days are marked in the report card with appropriate symbols.

Whether an employer can refuse leave at his own expense, watch this video:

Sample order

The order must indicate:

document details (date, number, name);
data of the person who is granted administrative leave;
the duration, start and end date of leave without pay are indicated.
reasons for the order are given;
The boss’s signature is affixed with a transcript.

Advantages and disadvantages of vacation

Such time off has both positive and negative aspects.

Advantages	Flaws
He gets the opportunity to settle his affairs.	If the vacation lasts longer than the planned time, the extra days will be deducted from the annual paid leave.
During the time he is not at work, he cannot be fired.	If an employee falls ill during vacation, sick days falling during this time will not be paid. The situation will change when sick leave falls on paid days.
Being on unpaid leave does not affect the calculation of the average salary. Such days are excluded from the calculation.	Time without payment will not be taken into account when calculating the insurance period.

Employer's liability

If the employee was not paid for the downtime, he has the right to contact Labor inspection to consider this issue.

IN Administrative Code Russian Federation punishment is provided for the fact that the director forces his subordinates to go on administrative leave. This requirement not only violates the Labor Code, but may also entail punishment in accordance with Article 5.27 of the Code of Administrative Offences, since it constitutes administrative offense. In this situation, it is stipulated that the perpetrator must pay a fine. Its dimensions are as follows.

If the employer insists on providing free leave, then the employee has legal right don't agree to this. However, in such cases, the manager may have additional levers with which he can influence the decision made by the employee.

You are being asked to resign at will? An expert at the Center for Social and Labor Rights, Yu. Starodumov, explains in detail what to do in this case:

Form for receiving a question, write yours

The law guarantees the employee the right to rest. It is implemented by providing a set number of days per year for a certain time of actual work. However, the employee may need to receive additional days of rest. Then, with the consent of the employer, he can go on vacation without pay.

Leave without pay can be issued by an employee by submitting a corresponding application addressed to the company management.

Only when the director reflects his permitting visa on it, then to this person specified rest periods may be granted. During this period, his previous place of work remains with him, but no accruals are made.

In order for the administration to allow taking leave at its own expense, the employee must have a valid reason. Very often, to confirm it, you also need to provide documents along with the application that confirm the validity of the employee’s request for leave.

The administration must consider the request, and even if all the documents submitted are available and the reason why the person working at the enterprise is requesting leave is valid, it has the right to refuse. This is often associated with preventing violations production process.

Attention! If the director does not give his consent to days of rest without accrual of wages, and the employee still does not go to work, this time will be considered absenteeism, and as a result, appropriate penalties will follow for this violation. As a last resort will be .

The company management also determines the duration of the upcoming leave without pay. However, in cases recorded in regulations, obtaining permission from the employer for this period is not necessary; it is enough to submit an application for leave without pay as a notification.

In what case cannot an employer refuse leave at his own expense?

Regulatory acts list situations in which an employee must be granted leave without pay.

Such situations include:

When a newborn appears in the family of a company employee, a document confirming the birth of the child.
If employees of the company get married - a marriage document.
When a close family member dies - a death certificate.

In each of these situations, the employee working at the enterprise is entitled to leave without pay for five days.

Individual categories Working citizens can take advantage of additional unpaid rest in accordance with the law. In these cases, it is not necessary to obtain consent from the administration.

These include:

Working pensioners - this category is entitled to 14 days of such period within one year.
Persons who participated in the Second World War can count on leave without pay for 35 days.
For employees who have a disability group, their vacation time without pay can be up to 60 days in one year.
For employees who are family members of military personnel who were killed or died while performing official assignments, unpaid leave for this category can last 14 days.
In situations expressly specified in federal legislation. For example, when combining work and training full-time, if the employee has several employers, when caring for children, etc.

The employer himself, in his regulations, may provide for situations where his employees may be granted additional periods of leave without pay. In such situations, when the employee’s case falls under the one specified in, the administration is also obliged to provide rest days to this employee.

Preferential categories of citizens have the right to take leave without pay for the entire stipulated period, or to break it up in parts throughout the year. In this case, the total number of days of unpaid leave must be observed. It is allowed to exceed it for these categories, but for this you will then have to obtain the consent of management.

Attention! An employee may belong to several preferential categories, but then the duration of the vacation should not be added up. As a rule, such workers choose the most favorable conditions.

Leave without pay at the initiative of the employee: maximum period in 2018

When determining the duration of such a vacation, it is necessary to take into account the fact that vacation without pay under the Labor Code of the Russian Federation maximum term not installed.

However, if this does happen, you need to remember that such information is considered personal data, and therefore must be processed and stored in accordance with the law. Disclosure may result in criminal liability. You should also not indicate a fictitious reason - if the administration considers it disrespectful, then leave may be denied.

Attention! If leave is requested due to the occurrence of an event, then copies of documents confirming this must be attached. These include copies of birth and death certificates, certificates from government agencies or other organizations, etc.

If at the time of submitting the application the employee does not have such documents, but he knows for sure that he will have them in the future, he must indicate on the form a specific date by which he will be able to provide them.

Step 2. Make a vacation order

After the director has approved the granting of leave to the employee by affixing a visa to the application, this document must be returned to HR department. There, on its basis, you need to issue a leave order.

For this operation, you can use the standard one, or, if the rest period is provided to several employees at once, T-6a. The order can also be issued on company letterhead at any time.

When using a standard form, information about leave must be entered in section “B”, and section “A” must be left blank. The name of the vacation period is “Vacation without pay.” This section reflects the number of days for which it is issued.

In section “B” you will need to duplicate the information from the previous section, but also indicate the period of days on which the employee will rest.

Information about the submitted application is recorded in the “Bases” column.

Step 3. Give the employee an order to familiarize himself

After the order form is fully completed, it must be signed by the head of the company. The document is then handed over to the employee for review. He needs to read its contents and then put his signature in a specially designated column.

Additional rest

Leave without pay is covered in Art. 128 TK. The very name of this type of “rest” suggests that it implies the employee’s loss of salary, but the preservation of his job. Obviously, the employee himself may be interested in such a vacation only if he has, in his opinion, good reasons for doing so. And yet, regardless of the reasons for the need to leave the workplace, the boss is obliged to release only certain categories of employees. In addition, the employer’s obligation to provide an employee with unpaid leave is directly established by the Code for cases where the need for “rest” is caused by the birth of a child, marriage, or death of a close relative. Also, the obligation to release an employee for several days without pay may be established by other articles of the Labor Code (for example, in the case of a session) or federal laws.

Duration of rest

Otherwise, leave without pay can be granted to an employee according to family circumstances and others good reasons. At the same time, the list latest legislation is not established, and therefore, in fact, is determined by the employer independently. In most cases, the Labor Code does not provide for a specific period of leave without pay. Its duration is not normatively established. If the boss is obliged to provide leave or does not object to letting the employee go for a while, then the head of the organization simply endorses the employee’s application. After this, data on leave at your own expense should be reflected in the employee’s personal card.

The initiator of leave without pay is the employee. Obviously, having solved his problems before the deadline, he can also initiate an early return to work, not wanting to lose any more wages. By and large, the employer has no grounds for refusing an employee in such a situation. At the same time, ensuring that an employee returns to work the same day can be problematic for him. Thus, the duties of an absent employee can be assigned to other employees. For these purposes, another employee can be hired under a fixed-term employment contract, a part-time job can be arranged, etc. In all of these cases, the employer must notify in advance of the termination of the employment relationship or the performance of part-time work, and the period allotted for this in these cases ranges from three calendar to three working days. Thus, whenever an employee is sent on leave without pay or once, it is advisable to stipulate in the collective agreement (in the regulations on vacations, etc.) that the employee must notify about early departure from vacation in advance, in particular, at least three working days in advance. day. In other words, the employee must write a statement of desire to take leave at least three days before the expected date of leave.

Application for leave without pay, the duration of which is agreed upon with the manager

Based on such a statement, if there is no disagreement regarding the employee’s departure date, the employer may issue an order to cancel the original order for leave without pay, and new order about vacation already for the actual time of absence of the employee. Due to operational necessity, the employer may need to recall the employee from leave without pay before its end. Accordingly, in an application to interrupt vacation there should be a field in which the employee could express his consent to early termination of vacation. Upon receipt of this, the employer must issue an order for the early termination of unpaid leave, which the employee familiarizes with on receipt.