Sample leave letter. Does the employer have the right to refuse time off at his own expense? Can it be done retroactively

In the Labor Code of the Russian Federation, which was in force until 2002, a definition of "time off" was given. Currently, there is no such legal term, but in colloquial speech it is used quite frequently.

In the current Labor Code of the Russian Federation, there are such concepts as “another day of rest” and “an additional day of rest”, which are equated precisely with time off. Based on modern terminology, time off can be deciphered as "providing an employee with rest days for the time he previously worked."

Time off options

Compensation may be granted on the following grounds:

the employee worked overtime;
there was a need to fulfill their job duties on the weekend or holidays;
total processing with a rotational method;
active participation in the donor movement;
free blood donation;
on account of future annual leave;
at your own expense.

Leave is granted on a declarative basis. There are several options for using the earned rest day:

receive additional pay in addition to regular wages;
arrange one more (or several) days for your annual leave;
take an extra day off. Which will be convenient for the employee.

How to write a leave application

To do this, the employee must write a free-form application addressed to the head of his employer. The application may be written by hand or typed on a computer. It is signed personally by the worker.

The application contains the following information:

about the employer:
- the name of the employer;
- Full name of the head;
- his position;
about the applicant himself:
- FULL NAME;
- position;
- Contact details;
- if necessary, the personnel number is indicated;
please give him an extra day off. It is necessary to indicate the specific number and the basis on which he asks to allocate this day to him;
date of writing the application and signature of the applicant.

The application is submitted for approval with the head of the structural unit. He puts his visa, thereby agreeing. Then the application is transferred to the management, and only then to the personnel department. Personnel service issues an order to appoint this employee an additional day of rest.

It is worth paying attention to some nuances when providing paid time off:

those days of additional rest, which are provided according to the actual hours worked, are paid in full. This rule also applies to donors;
time off must be coordinated with the management. If this is not done, then absence from work can be regarded as absenteeism;
the additional day is taken for the time already worked;
for previously worked time, only one type of compensation is provided - either payment or a day of rest.

If the time off is not paid, then the following nuances are taken into account:

you can take such a day off only at your own expense;
this must be indicated in the application;
this day will not be paid, and will not be taken into account when calculating the average earnings.

When providing time off for previously worked overtime, the authorities should remember some features:

the first 2 hours are paid 1.5 times;
further - not lower than 2-fold.

If the employee had to go to work on a weekend or holiday, then payment is made in 2 times the amount. An employee who receives time off on such grounds has the right to either use it or ask for compensation in addition to wages. The authorities have no right to refuse him. If the employee decides to take a day off, then the payment is made in a single amount.

If an employee quits, he is entitled to receive monetary compensation. If earlier he decided to use the day off, but did not have time to use it, then the employer must recalculate wages before being fired.

If the employee works in shifts, then the time worked by him is taken into account in total for the reporting period. It may happen that during the calculation it will be revealed that in a month he worked more than prescribed in the law. For those hours that are in excess of the norm, he can ask for time off or pay.

The law does not prohibit an employee from working a certain number of hours in advance to receive a certain number of days off. For example, an employee knows that in the future he may need 3 days of additional rest to resolve issues related to paperwork. He can negotiate with the employer about overtime work to then take these 3 days.

Sample Application

The application is written in free form, but some formalities must be observed. Many employers have developed application forms "for all occasions", so the applicant only needs to fill in the necessary data.

________________________________

(name of company)

________________________________________________

(Full name of the head)

from ______________________________

(position)

_____________________________________________

(Full Name)

Statement

I ask you to provide time off from _______________ (indicate the day, month, year) to _______________ (indicate the day, month, year), for the previously worked time ___________ (indicate the date or period of working),for family reasons (or other reason).

"___" ___________ 20__ ________________ / ___________________

(signature) (signature transcript)

The application does not need to be written if the employee decided to receive monetary compensation. Additional Money occurs "automatically" if the employee does not receive an application for the allocation of additional days for him to rest.

The concept of time off

Now such a thing as "time off" is used only in colloquial speech. With legal point of view, such a concept does not exist in labor legislation. Currently, the Labor Code of the Russian Federation uses the concept of "additional day of rest", according to its actual application, it is equivalent to the concept of "time off".

Time off, as a concept, is a relic of the Labor Code, that is, the labor law that was used in the USSR until 2002. With the adoption of the modern and current Labor Code of the Russian Federation, this concept has moved away from personnel turnover. A day off or another day of rest is a reward from the employer for previously completed work. Most often, it is provided to employees who stay at work beyond their work schedule or go to work on weekends or holidays.

As already mentioned, before the concept of "time off" was included in the main law on labor: time off was assigned to those who work more than indicated in its official duties. The changes made to the Labor Code of the Russian Federation also affected this item. Now the employee is entitled to receive legal additional days off only in a number of certain cases.

The Labor Code of the Russian Federation describes cases when an employer is obliged to give his employee time off. For example, for work on the weekend. This leave will be paid in full.

But there are also such cases when the authorities must give the employee a rest for several days, but without payment:

wedding or funeral;
birth of a child.

If the employee is a donor, then he is also entitled to an additional paid day off. By law, wages in these cases are preserved. If an employee became a donor and went to work on that day, according to the Labor Code of the Russian Federation, he is entitled to two additional days off, which he can take at any time at his discretion. It is important to do this within a year so that they are not lost, as is sometimes the case with unused vacation days.

What to do if you are denied leave

If the employer involves his employees to work beyond their work schedule or on weekends and holidays, he is obliged to pay for these days. Employees, in turn, have the choice to either take payment or take one or more days off during the work month.

That is, the employer has an obligation - either to pay for the hours that the employee worked outside of his working hours, or to let the employee rest for one or several days. It turns out that failure to provide time off at a convenient time for the employee is a violation of his labor rights. This is exactly what is said in Art. 153 of the Labor Code of the Russian Federation.

If the employer refuses to give his employee time off, then you can do the following:

contact the authorities in writing and ask for an extra day of rest. The application must be properly registered as an incoming document;
now you need to wait for a written refusal from the authorities to allocate a day for the day off. If the management does not give such an answer, the following steps should be taken immediately. The employer has 30 days to consider the application from the employee. If during this time he does not give an answer, this will be regarded as a violation of the labor rights of the employee.

Having received a written refusal or not receiving it at all, the employee has the right to take the following actions:

write a complaint to the labor inspectorate at the location of the employer. The complaint must indicate what measures were taken by the employee to resolve conflict situation. That is, you need to give a link to the completed application (indicate the date of registration and the incoming document number), as well as indicate the details of the written refusal (date of issue and number of the outgoing document). If the employee did not wait for a response from the management at all, then this fact must be reflected in the application;
within 30 days after registering the complaint with the labor inspectorate, the employee must receive a written response. As a rule, during this period, inspectors will conduct an inspection. The inspection can be on-site, that is, labor inspectors will come to the employer and check it personnel documents. But they may also require documents to be brought to them;
if a violation of the rights of the employee is revealed, the employer will be held liable under Art. 5. 27 of the Code of Administrative Offenses of the Russian Federation.

Also, the employee has the right, in parallel with a complaint to the labor inspectorate, to file a complaint with the prosecutor's office. This is also a mechanism for influencing an unscrupulous employer.

Important! The employee must take measures to independently resolve the conflict situation. Therefore, sending a formal written statement to the management is a mandatory measure. After the employee receives a written refusal or does not receive any response at all, he can approach the management and explain that now he will write a complaint to the labor inspectorate. As a rule, such a mention is enough to get your legal day off.

Conclusion

The Labor Code of the Russian Federation stipulates cases when an employer is obliged to give his employee additional rest days to rest. He must fulfill this duty, otherwise he will be held accountable.

In the process of working activity, there are situations when a person is unable to be at work due to family or other circumstances. If you do not warn the employer, then the employee will be credited with absenteeism, after which he may lose his job.

To properly arrange a day off, which is issued for family or other reasons, you need to write an application. In this document, you must indicate a request for time off at your own expense. Based Labor Code RF, any citizen who officially works has the right to write a statement.

Day off at own expense according to the Labor Code

Rest in the form of time off can be provided in several ways, according to the Labor Code of the Russian Federation.
The first method involves providing at the expense of additional time, which is calculated from indicators such as:

processing - article;
additional working during the period of legal holidays and weekends - according to;
shift work -;
blood donation based on - on, the day off is the day of the donation itself and the day after that.

These reasons do not provide an opportunity to receive rest in advance. In addition, such time off is not recorded in the report card. The next way is a day off due to vacation. Paid vacation, which happens every year, can be divided into several periods, different in number of days, according to the article.

To issue a day off due to vacation, you need to coordinate this action with the employer, upon receipt of a positive response, you must write an application, a sample of which is provided in the personnel department of the organization. For 2018, there is no concept of time off in the legislation of the Russian Federation, the new wording is leave without pay.

Time off at own expense - sample application

There is no unified sample in the Labor Code this document, therefore, it must be written in simple writing or according to a model that is developed and installed in the employer's company. This document must indicate family or other circumstances that make it impossible to participate in the work process, as well as attach supporting documentation.

Does the employer have the right to refuse time off at his own expense?

Any employee has the legal opportunity to take time off, but only by decision of the manager, who can refuse if family or other circumstances are disrespectful in his opinion. The refusal of the employer is impossible only when the employee has the legal opportunity to take time off at his own expense under the law of the law.

To improve your chances of being approved, there are a few factors to consider, such as:

arrange in advance with a colleague who can replace you during the weekend. Most often, the reason for refusal is the lack of an employee who can replace;
perform the maximum amount of work;
under family circumstances that are related to the illness of children, you can provide a certificate from the hospital, which will confirm this fact.

Holidays at own expense are possible only at the decision of the employer, so it is important to agree on the dates in advance. An exception can be only in the case of mandatory granting of this leave to certain categories of working citizens. But paperwork in this process is mandatory.

Application for time off at your own expense for family reasons - sample

The procedure for issuing this document is not specified in the Labor Code of the Russian Federation, however, the following information must be indicated in it:

initials and positions of participants in the working relationship;
the name of the document and the text for a certain type of application;
signature of an employee who takes a day off without pay.

This document must be signed by the head of the enterprise or a person who is authorized to perform this task. An application that is made out for family reasons must contain a brief statement of the main reason without direct instructions.

Can I take a day off at my own expense while pregnant?

Exemption from performing work tasks at your own expense is possible according to the article. For a pregnant girl, it would be best to arrange legal holidays, but only if a sick leave certificate is provided, which confirms the pregnancy.

In order to rest for a few days, a pregnant woman needs to provide an appropriate certificate from a doctor. The Russian constitution contains special rules, according to which a pregnant employee has the legal opportunity to take days off. A pregnant employee cannot be fired, according to the Labor Code, so absenteeism from work will be issued as an unplanned day off at your own expense.

Despite the fact that the concept is not used in the labor code itself, in practice this is a very common phenomenon. About how to correctly draw up an application for time off, how to choose a sample, and what to look for - right now.

Time off - compensation for working hours worked in excess of the norm, in another case, the provision of a day off without pay (at the employee's own expense) while maintaining his position. There are grounds for providing this opportunity - often this additional rest is provided for by law or you have to coordinate it directly with the head.

Features:

A short duration of the period - on average, 1 - 2 days. If more days of rest are required (for example, a week), not a day off, but a vacation at one's own expense, should be agreed.
Doesn't always make up a whole day. Often, he is taken for only a few hours - for example, an employee worked for 4 hours, after which he coordinates with his superiors to leave work early (for example, at 12:00 on Friday).
Always assumes no pay - in fact, this is a small vacation without pay.

Sample Application 2019

Each company has its own sample of any type of business document, but a time off application involves quite a bit of simple form. In standard cases, the document should have the following sections:

From whom and to whom it is compiled. The application is written in the name CEO, manager or immediate supervisor. In the header, you also need to indicate your full name and position.
The text of the application itself follows, where you need to indicate the date, as well as accurately describe the reason.
Below is the date of compilation, the signature of the employee and the transcript (surname, initials).

NOTE. The application form for time off, like many other similar documents, is in the personnel department or with the secretary.

Approval procedure

The procedure is as follows:

If the day off is not agreed with the authorities, then absenteeism will be considered absenteeism, as a result of which the employee may be fired under the relevant article. On the other hand, if the order has already been drawn up and signed by management, it cannot be cancelled. If the employee considers it necessary, he can, just in case, ask to make a copy of the order so that there are no disagreements later.

How to give the right reason

Good reasons that will convince the immediate supervisor of the need to provide a day for rest, and they can be grouped into 3 large groups:

Reasons provided for by the current Labor Code. Although it does not directly describe the concept of "time off", nevertheless, it reflects several possibilities when an employee can take an additional day off in agreement with the manager. AT this case we are talking about the obligation of the employer to provide a whole day or several hours for rest at the request of the employee, because the law provides such a right to the employee.
The reasons provided for in the collective and / or individual labor contract, as well as in other internal documents companies that are commonly referred to as local acts. It should be borne in mind that in this case it is about the right or obligation of the employer to provide an additional day off, depending on what is specifically stated in the above documents.
Finally, last group cases associated with particular situations where the employee and the boss can agree on time off on an individual basis, by agreement. Accordingly, we are talking about the right of the employer to provide 1 or 2 days, as well as a few hours for rest, but not about the obligation.

Day off according to the Labor Code of the Russian Federation

There are 6 grounds when the state guarantees an official employee the opportunity to get a day off:

If an employee is sent on a business trip, and he works there, including on his weekends and holidays, the payment is also due in double the amount, as well as the usual travel allowances. Moreover, even if the employee is sent or he returns on a holiday or his day off, a double payment is still assigned.

NOTE. The employee has the right to increase his paid vacation at the expense of unused time off in connection with blood donation. An appropriate statement is being made about this. And again, it doesn't pay.

NOTE. An employee can ask for up to 14 days of unpaid leave per year. In the case of disabled people of any group, the number of days increases to 60.

Leave under a collective labor agreement

At large enterprises, banks, large retail chains and other companies, the employee is often guaranteed the opportunity to provide rest in connection with various events:

birth of a child;
wedding;
September 1 for first graders;
own birthday (usually only on anniversaries);
death of a loved one;
moving.

Moreover, firms often even give their employees these days, providing full pay at the base rate. Specific conditions need to be clarified in the relevant documents - as a rule, these are collective labor agreements and local acts relating to internal work schedule. The application form for time off for such cases is standard.

NOTE. In this case, the approval procedure is exactly the same - it is impossible not to go to work automatically, otherwise it is considered absenteeism.

Individual days off

In this conditional group, you can combine cases that are agreed individually with the boss. The reasons in this case can be very different:

urgent visit to the dentist;
the door lock in the apartment is broken;
flooding in the apartment;
other force majeure circumstances.

It should be noted that most often the employee attaches supporting documents to the application, although he is not obliged to do this. In practice it is enough just to agree on your additional day off and get permission from the management.

Unused time off upon dismissal

If with compensation days unused vacation the situation is quite clear - upon dismissal, an employee is entitled to financial compensation, then in the case of mandatory time off (for overtime), the legislation does not have a clear position.

On the one hand, the Labor Code itself does not directly talk about compensation for unused time off upon dismissal. On the other hand, there are explanatory letters from Rostrud and some generally accepted standards judicial practice which bring some clarity.

The authorities proceed from the position that work on weekends, holidays, and overtime always involves compensation in the form of rest or additional pay. Therefore, in connection with the dismissal of an employee, the need for such compensation does not disappear.. And since the employee quits, the only way compensation is compensation in cash. He will receive this money along with the main calculation, on the day of dismissal (along with the original work book).

On the other hand, the law in no way denies the possibility of negotiating with the employee to provide him with time off. For example, for a standard working period of 14 calendar days the employee will actually leave the organization a few days earlier. You can make a statement about this in the following way.

However, according to this logic, it is impossible to reason if there are too many processing times - for example, they will last for 16 days. In such a situation, the employer has no choice - he is obliged to compensate with money (and partly with days off, if he can agree with the employee). Therefore, the amount of overtime should not be accumulated unnecessarily. in large numbers(for example, 10 days or more).

Register a day off in 1C: video

Many companies have a system electronic document management. You can see how to register the fact of an employee's time off in the 1C: Personnel Management program here.

How to write a leave application? The content of the document depends on the type and duration of the rest provided. You can find a table with the classification of time off and ready-made sample applications for different situations in the article.

From the article you will learn:

The concept of time off is absent in regulatory documents, but in practice this is what is usually called an additional day of rest provided in excess of the usual schedule. If there is a need to be released from work for a day or a few hours, a written application must be submitted to the Human Resources Department in order to get a day off by law or by agreement of the parties.

Types and procedure for granting time off

In most cases, the day off is a full day, unless it is a vacation taken for a few hours at one's own expense. Different types time off, presented in the table, are also issued and paid in different ways.

Download related documents:

Type of day off	Submission Order	Delivery time	Expiry date of leave	Payment
Rest day for work on a weekend or holiday	At the choice of the employee instead of double pay for work on a non-working day			Not paid
Extra day off for overtime work	At the choice of the employee instead of increased pay for time worked overtime	At any time by agreement with the employer	Until the termination employment contract	Not paid
Day off for blood donation	At the request of an employee	On the day of blood donation and related medical examination or later, without agreement with the employer	Within a year from the date of donation	Paid in the amount of average earnings; if the employee was not allowed to donate blood, the time of the medical examination is not subject to payment
Additional rest days between shifts	At the request of the employee, the whole day of processing is combined with the subsequent rest period between shifts	When an 8-hour working day accumulates due to overwork hours	To end calendar year, which accumulated processing	Paid in the amount of the daily tariff rate or part of the salary for a working day. Pay for unused overtime at the rate of salary or tariff rate at the end of the year
Vacation at your own expense	In general cases - by agreement with the employer, in the cases provided for in Part 2 of Article 128 - in without fail	In general cases - on the day agreed with the employer, in the cases provided for in Part 2 of Article 128 - on the date indicated by the employee	Until the termination of the employment contract	Not paid

The procedure for granting time off, as a rule, begins with the preparation of a written application. In the case of additional days off for work overtime or on a day off ( non-working holiday) day such a document confirms the voluntary choice of an employee who preferred a day of rest with increased pay.

Application for time off for work overtime or on a weekend (holiday)

The law in some cases allows for involvement in work on weekends and holidays. But if the employer is forced to resort to such a last resort, compensation should be offered to the employee: an additional day of rest or pay at an increased rate. If the first option is selected, a corresponding application is drawn up in free form:

Download samples:

The application indicates the desired date of rest, as well as the date (or dates) on which the employee worked overtime or instead of a day off. If during his work for the company there were no grounds for time off for work in excess of the working time, you can write an application to vacation at your own expense.

Download samples:

The application is made in writing, contains the dates of the beginning and end of the vacation. Availability such document proves that the initiative comes from the employee. The law prohibits employees from sending unpaid leave at the initiative of the employer.

A working person has the right to rest, for this, labor legislation has a strict restriction on the time of work per week. Based on the established standards, employers calculate the time of work and rest, which is prescribed in the local documentation of the enterprise.

However, not all life situations can be subordinated to a strictly established schedule, and therefore the Labor Code provides for such a concept as. The duration of the vacation can be one day or more, depending on the situation.

Who can take a day off at their own expense and what are the conditions for its registration? The answers are in the law Russian Federation.

A day off, or as it is often called, is special kind rest, which can be issued at the request of the employee. The employer himself does not have the right to impose this type of leave, regardless of the reasons that have arisen.

An employee may ask for days at his own expense, but will not always receive a positive response. It would seem that what could be the reason for the refusal of the management to satisfy the requirement, because such days are not paid, and therefore cannot entail additional costs for the employer, but the situation is much deeper and more multifaceted than it might seem at first glance.

The claimant must be aware that:

The employer has the right not to satisfy his request if there are insufficient grounds and it is impossible to interrupt the work process.
Some circumstances allow you to arrange time off at any time convenient for the employee himself.
The duration of the absence is determined by law and can be increased only with the consent of the company's management.
The calculation of the duration is made for the calendar, not the working period.
All days exceeding the established deadlines affect the total calculation of the vacation period.
Days off are excluded from the total period when calculating sick leave and.

Every employee has the right to take a day at his own expense, because family or personal circumstances may turn out to be indispensable without a day off.

Obtaining the right to an additional day of rest without payment is graded according to:

The reasons for its design.
categories of workers.

Below we consider all situations that allow you to take a vacation at your own expense for one or more days.

In what situations should

Any employee can take advantage of the right to leave without pay.

For this, there is no need to work out the established mandatory period, as for, and you may not even have a good reason. Each employee during the calendar year can hypothetically take up to two weeks at his own expense. But this rule has one condition, namely the approval of the organization's management for the issuance of time off.

Article 128 of the Labor Code of the Russian Federation also establishes those cases where agreement with the management is conditional. That is, it is required to obtain a signature under the application, but the head of the company cannot refuse to put it.

Members of the Great Patriotic War are entitled to additional unpaid vacation annually in the amount of 35 days or less.
Those who received a pension certificate, but continue to work, are entitled to up to two additional weeks.
Employees of any degree can take up to two months off each year.
Close relatives of those who died in the service or in case of occupational diseases or injuries are issued at their request for up to 14 days at a time or in parts within one calendar year.

There are reasons that allow any category of workers to receive up to five days at a time.

The special circumstances of the Labor Code of the Russian Federation include:

The employee's wedding.
Death of a close relative.
Birth of a child.

Article 128 provides that a maximum of five days can be given for such an occasion, but the specific duration is prescribed in the collective agreement.

If there are family circumstances that do not fit into the specified reasons, the employee may apply to the employer with a request for time off. Their duration is determined by the parties jointly.

AT labor relations all agreements must be in writing. Of course, the employee can verbally declare his desire to take days without pay and first obtain the consent of the management, but the procedure itself will begin only after it has been filed.

The application is written on behalf of the employee, and it must answer several main questions:

To whom is it addressed?
From whom is it written?
What is the purpose of the written document.
Is there a valid reason for the request.
What is the length of vacation required.
What are the deadlines for holidays.

You can write a statement in any form, the main thing is that it contains all important information. You can also use specially designed forms.

The main thing to remember when writing paper is that it is business document, which means that it should adhere to a special style of writing and not resort to lyrical digressions.

Form and content

There are no forms developed by the Ministry of Labor for applications, but such forms are most often developed by employers on an individual basis for internal use. If document forms exist, then they can be taken from the secretary or in the personnel department. If the employee himself wrote the paper in random order, without using a form, then they have no right to refuse to accept it.

The application form is standard:

A cap.
Document's name.
Form body.
Assurance nuances.

The application is written with the following information:

Legal name of the organization.
The position of the head of the organization.
Full name of the authorized representative of the company - director.
Name and position of the applicant. At large enterprises, it is customary to attribute the structural unit and personnel number of the applicant.
Request for vacation days without saving.
The start and end date of the day off, if it is taken for several days.
The total duration of the expected time off.
Basis for issuance.
Name of the applicant and his signature.
Paper submission date.

If the application is written on the basis of serious circumstances, then the attached documents to the application may be listed.

Documents can be:

Death certificate of a relative and documents confirming kinship.
Marriage document.
Certificate of disability or participation in the Second World War.
Information about the death of a soldier.
Pensioner's ID.

Some documents may be provided only after the end of the vacation at your own expense, such as a death certificate. Such an order is allowed and copies of the papers are attached after entering the workplace.

Deadline and procedure for submission

The legislation does not prescribe the time limits for submitting completed applications.

The lack of prescribed norms is understandable, because often the reasons for taking time off are not foreseen and are not planned in advance. Theoretically, there should be at least a day of odds between the written document and the time of issuing the day off, but in practice many short-term holidays are issued on the day of departure. Of course, it all depends on the reasons for the need. For example, if one of the employees who is entitled to the benefit in the form of additional rest wants to take a few days in a row for personal reasons, then it is better to write the paper a little in advance so that the employer can navigate the replacement.