What kind of time off can you take at work? How to properly arrange time off without pay - instructions. Instructions for writing a leave application

Getting a job, a person must certainly know his duties. But, along with this, do not forget about your rights. One of the rights of workers under the Labor Code of the Russian Federation is the right to time off. In order to take advantage of the additional day off, you should know to whom it is due under labor law, and under what circumstances.

For your information

Previously, this concept was included in the labor code: time off was assigned to those who work more than indicated in their job responsibilities. 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.

What is a leave of absence and who is entitled to it?

Day off is considered a day off, which the employee receives for the performance of any overtime tasks. This day does not coincide with weekends according to the schedule. It is often attached to a vacation in order to extend it. Also, a day off according to the Labor Code of the Russian Federation can be taken during the working week, by agreement between the employee and the employer.

A worker may receive a day off if his work exceeded his official duties. There are several such situations.

• If he worked more than the allotted time.
• If you went to work on your legal day off.
• With the help of the employer during the holidays.
• For the excellent performance of their labor duties, as an encouragement.
• If the intensity of work exceeded the permissible norms, as compensation for hard work.
• For the performance of work that is not included in the list of labor duties of the worker, and was performed on a voluntary basis at the request of the employer.

All these examples can serve as a reason for the day off. According to the Labor Code of the Russian Federation, an employee has the right to choose in what form he will receive remuneration for work in excess of the established norm. Having started work duties on a day off, the worker has the right to count on double pay or receive money in a single amount, as for a normal working day, but with the right to take time off at any time at his discretion. However, this rule is valid with a 100% guarantee only when processing is documented, since the concept of time off is excluded from the Labor Code of the Russian Federation.

In what cases does an employer not have the right to refuse an employee a day off?

In the Labor Code of the Russian Federation, there are reasons why the employer is obliged to give the employee time off. These include:

• Wedding.
• The funeral.
• Donating blood.
• For the hours worked recorded in the time sheet.
• For going out on a day off by order.

Attention

Replacing time off with cash compensation

In agreement with the management, you can arrange additional days off and the required vacation in cash. This is done when the company has enough funds to make additional payments and there is an urgent need for the employee to perform his job duties. An employee cannot demand a cash payment instead of a day off according to the Labor Code of the Russian Federation: according to the law, the manager has the right to refuse payments by releasing his subordinate on his legal leave.

The employer does not have the right to replace vacation with compensation in a number of individual cases:

• It is impossible to refuse leave, replacing it with compensation, even with the consent of the parties, if the employee is pregnant.
• Leave cannot be replaced by payments for more than two years in a row: the employee is obliged to use the leave at least once during this time.
• If labor activity is carried out in harmful or dangerous conditions.
• If the labor activity is carried out by a person who has not reached the age of majority: in our country, this definition means the age of 18 years.

These four cases are legally certified in the labor code as a reason for refusing to receive a cash payment instead of a vacation. The leader cannot infringe on the rights of his subordinates, for this he will have to suffer the appropriate punishment. Even despite the fact that this happens by mutual agreement of the parties.

Additional Information

Another example, when it is impossible to replace vacation with monetary compensation: according to the law on the protection of persons who were exposed to radiation as a result of the Chernobyl disaster, the leave due to them cannot be converted into a monetary equivalent.

When are days off available?

The time off according to the Labor Code of the Russian Federation, laid down for the additional duties assigned to the employee or the implementation of labor activities by him outside of working hours, is assigned in different ways, depending on the specific situation. For example, citizens working on a rotational basis, in accordance with the Labor Code of the Russian Federation, have the right to additional days off attached to the time of their rest. Also, workers on a rotational basis have the right to count on monetary compensation for processing. In their case, processing has a special character: those working on a rotational basis work for 10-12 hours for months, having at best 1 day off per week. Such processing imposes an obligation on management to adequately compensate for significant processing. This is necessary for the workers to recuperate before the next shift.

Additional Information

Unlike days off, which are determined by calendar state days or are compiled according to the needs of this particular enterprise, time off is more difficult to regulate. Usually they are provided to the employee as needed: when you need to leave for family reasons. The time for this is agreed between the boss and the subordinate, taking into account the wishes of the worker and the factors of production necessity.

How to take a leave?

The Labor Code does not provide for overtime compensation, for this reason there is no specific form by filling out which one could document time off at any enterprise. Each organization has the right to independently decide what the procedure for registration will be. The office worker must record all cases of overtime work of employees, their reasons and form of compensation.

If a worker wants to take advantage of an unofficial day off for processing, he needs to write an application.

In addition to an application for time off under the Labor Code of the Russian Federation, the employer must issue an order indicating the time for providing rest and the reason. Otherwise, if an accident occurs to the employee during his absence from the workplace, the employer will bear responsibility for it. Official registration is not carried out if the employee's employment contract already displays his additional day off. In this case, there is no need for an order for time off: the absence of a subordinate at the workplace has already been documented. Order example:

In a number of individual situations, processing is the direct responsibility of the worker.

• Elimination of the consequences of catastrophes or other consequences of a destructive force that endanger and harm others.
• Prevention of criminal activity, the consequences of which may affect the life, health and well-being of citizens.
• Performing work that is necessary and included in labor duties when a state of emergency is introduced in a certain area or country.

IMPORTANT

The refusal of an employee to perform his duties in one of these situations or unauthorized leaving will entail serious consequences. This may be a disciplinary action or. Most often, this is acceptable for military personnel liable for military service during the introduction of martial law. Also, it is suitable for employees of the army, police, Ministry of Emergency Situations, doctors.

Time off at your own expense according to the Labor Code of the Russian Federation

If an employee urgently needs a day off, he has the right to ask to be released at his own expense. There can be many reasons for this.

• Illness of one of the relatives, when personal care is needed for the sick.
• The need to leave for a while due to personal circumstances.
• Poor health caused by a busy work schedule: the desire to relax without using sick leave.
• The need to devote more time to part-time work: reporting period, inspections.
• September 1, when you need to accompany the children to school and personally attend the line.
• Disciplinary meetings of parents at school.
• A situation where the director of the school where the children of the worker are studying insists on his personal presence during working hours.
• Wedding of children, relatives, close friends.
• Funeral of relatives, close people.
• Serious emotional upheaval, when the employee is morally unable to perform his duties.
• Other personal circumstances.

All this may cause the employee to ask for leave at his own expense. The immediate supervisor has the right to refuse, since none of these reasons legally restricts his actions. The following circumstances may affect the refusal of the management in the request to take time off under the Labor Code of the Russian Federation at their own expense for one or several days:

• The employee often goes on sick leave and takes time off.
• By necessity.
• The period of inspections, submission of reports.
• A situation where a particular employee is irreplaceable due to their skills and job responsibilities.
• Frequent violation of internal regulations by the employee.
• The personal attitude of the head to the subordinate, associated with his behavior, quality of work or other circumstances.

Any of the above reasons may contribute to management's decision to deny an employee additional leave at their own expense. Since the concept of time off is not in the labor code of our country, the actions of an employee are very limited.

In this case, it is better to leave a few days from your vacation, starting duties ahead of schedule. The employee has the right to use unused vacation days at his own discretion at any time.

Another way out of the situation: the official registration of processing. As mentioned above, for this an order must be drawn up without fail: this is beneficial to both the employee and the management team. This document will help the authorities to avoid liability in case an employee is injured during an unregistered time off, and the employee will be able to use compensation for time off under the Labor Code of the Russian Federation at his own discretion: choose a double pay rate or a single standard pay for working hours with the possibility of time off. When there is such an order, the employee can be sure that he will not be denied a request to leave work for personal reasons. In addition, it will not be a vacation at your own expense, but a well-deserved paid day off.

A worker can arrange a day off at his own expense for no more than 14 days a year. They can be connected or scattered on different dates throughout the year. If the number of unpaid days off exceeds the aforementioned period, these days are deducted from his length of service. This fact will have an impact on the formation of pension payments in the future. All days in excess of 14 legally permitted days off will be removed from the length of service.

Vacation at your own expense

If the day off is not formalized, according to the labor legislation of the Russian Federation, it is considered absenteeism. Both parties can be held responsible for this: if something happens to an employee, the organization will be responsible, in the report card of which it is indicated that the employee was at the workplace. An employee can easily receive official absenteeism with a warning and entry in a personal file. Even if it was the verbal permission of the authorities. This is a subtle point that is better to be assured on paper in order to avoid problems.

If it is necessary to leave the workplace for several days without saving wages, the employee writes a statement, which is signed by the head of the organization. After, on the basis of this document, an order is drawn up, with which the employee must familiarize himself and put his signature on it. The order will be in the personal file of the employee.

Sample application for leave at your own expense:

What to do if an employee needs to take a day off, but management refuses?

The situation when the employer does not take into account the wishes of the employee, acting in the interests of production, is not uncommon. Most often, he has good reasons for this, related to production needs. An employee in this situation has three possible scenarios

Option number 1.

The employee agrees with the manager, and remains at the workplace to fulfill his duties. This option is acceptable if the need for a vacation of one or more days is not urgent, and the situation at the workplace really requires his personal presence at the designated time. When the work is important and loved, the employee will take into account not only his own needs, but also the needs of the team and management in the performance of his job duties.

Option number 2.

The employee and his manager agree on a compromise way out of the situation. This may be the transfer of time off for a period when its absence will not affect the work process. Or an employee goes on a part-time job to fulfill his duties and go about his business. It is also possible to agree that the necessary labor activity will be performed by another employee or a person from outside. This is possible in a number of individual cases.

In this situation, both sides compromise. This will help not only to maintain a warm relationship between the employee and the subordinate, but also to get out of a difficult situation with the least losses on both sides. Having made a compromise, the employer makes it clear that not only the work of the employee is important for him, but also himself. By this act, he shows his location. It would be unwise not to accept such an offer, unless there are serious reasons for it.

Option number 3.

If an employee still needs to leave the workplace on the day when, according to the time sheet, he should be present, there is a loophole. If the boss refuses to take time off, does not compromise for one reason or another, the employee can become a blood donor that day. This is the only option according to the Labor Code of the Russian Federation, when his absence from the workplace will be documented justified. This will help him avoid absenteeism with entry into a personal file.

What should not be done if the authorities refuse to leave at their own expense:

• Making a scandal will only spoil relations with superiors, put them in a bad light. There will be no productive help from this action.
• In the heat of writing a letter of resignation - later you will have to regret it. Such a decision should be made without emotion, with a cold head, with consideration of the consequences and further actions.
• To leave on their own, despite the refusal of the authorities - absenteeism will be immediately entered into the employee's personal file. Three absenteeism is a reason for dismissal under the article, after which it will be very difficult to get a job.

For your information

Any issue can be settled peacefully. Do not forget that the manager is obliged to act in the interests of production, otherwise he will be replaced in his post by another, more executive employee. An employee who has received a refusal in a request to let him go on vacation at his own expense or take time off under the Labor Code of the Russian Federation should understand this and not accept the refusal at his personal expense.

Thus, when carrying out labor activity at a particular enterprise, you should be aware of your labor rights in order to use it to your advantage, if necessary. Employers often take advantage of the fact that their subordinates do not know their rights. This should not be abused either, since many professions involve processing initially. This is due to the nature of the duties. First of all, this applies to all military and medical workers. Such professions are not just a job, but a way of life. This needs to be understood before enrolling in one of these specialties. Otherwise, you need to know your rights and apply as necessary. For this, the Labor Code of the Russian Federation exists.

To provide an employee with time off is a typical personnel situation in which the employer makes a decision: to respond positively or negatively to the employee's request for time off. However, there are exceptions when a positive decision to provide additional days off is mandatory and dictated by labor legislation. Let's look at the situation in detail.

The legislative framework

Time off is a free day or a short period of free time (several days), in which the employee is released from his work activity in agreement with the employer and on the basis of his order. In fact, this is an additional day off or a small, one-day vacation.

This exemption from labor is possible in two cases:

• paid one-day leave - if provided to the donor and unpaid - if provided for work on the day off (since the day off on which the employee worked was already paid);
• leave due to vacation. Often in this case, the specialist gets a free day without registration, and then, after providing a long-term rest, he works it out according to the schedule or leaves earlier. Although in practice such agreements are quite common, it is better not to allow this, as there may be problems with registration: the employer’s refusal of the agreement or other documentary difficulties (for example, when registering an accident, etc.).

We also recall: if an employee was involved in work on a weekend or non-working holiday, the administration is obliged to either pay for his work in double the amount, or in a single one, but with the provision of an additional day off.

How to get a

It is easy to get a day off on account of vacation in agreement with the manager. In general, there are two ways to get such additional days of rest.

1. Vacation for one day on account of a long vacation, as well as the required day off from work provided for work during weekends and holidays, can be obtained by warning the administration in advance and agreeing on a date. This must be done in writing, with the execution of the relevant order, so that there is a guarantee that all the rights of the parties are observed.
2. One-day allowances can be included in the schedule in accordance with the desire of the employee and upon agreement of the date of their provision with the employer.

The procedure for registration and provision has much in common with that provided for long holidays, because time off is a small part of them, provided in accordance with established rules. Documentation is also required: an employee’s application for time off and the consent of the employer. Only days taken as part of a long vacation or provided as compensation, such as for donation, are paid.

But one day at your own expense can be taken at any time if the manager agrees. This is an inalienable right, as situations are different.

Compare 2 sample applications for time off: the first - at your own expense, the second - at the expense of vacation.

Cases when the employer is obliged to provide leave at his own expense

All working citizens are entitled to a day off at their own expense in the following cases:

• birth of a child;
• Marriage registration;
• death of a close relative.

In this case, the employee may quite legally be absent from the place of work for up to 5 days in this case.

The statement in this case might look like this.

How to write a leave application

Vacation at your own expense for 1 day is an unpaid free day provided to an employee on the basis of his application with the consent of the administration.

The application is written in free form (see examples above), it is necessary to indicate the name of the enterprise, the essence of the appeal (you can also mention the reason), a request for a day off. Legal justification is desirable, but not required. The form is presented to the reception, the secretary or other person who receives and registers incoming documentation, or to the personnel department. On such an application, the director puts a visa, then an order is issued in the approved form, with which the employee is introduced under signature. Only then can you be sure of the correct design of all forms. It is not necessary to print the appeal, you can write it by hand, the main thing is to register at the reception and get a manager's visa on such paper.

This period of rest must also be correctly and correctly reflected in all personnel documentation. At the same time, only an order is an administrative document; you should not rely on oral statements.

The concept of "time off" in the new edition of the Labor Code of the Russian Federation is absent, however, in practice, almost every personnel officer is faced with the need to arrange paid or unpaid days of rest provided to the employee at his request or in connection with the need to compensate for work on a holiday, donation, overtime etc. In order to provide an additional day off in accordance with all the rules, you should know exactly the reason for its provision and understand the mechanism for formalizing the procedure in each specific case.

From this article you will learn:

• when an employee is entitled to leave;
• what personnel documents are drawn up at the same time;
• is it possible to replace the day off with monetary compensation;
• how to issue an order to provide an unscheduled day off;
• What is the difference between paid leave and unpaid leave?
• whether it is necessary to compensate for unused days of release from the performance of a labor function upon dismissal of an employee.

Often, everything related to labor relations requires a careful and thoughtful attitude. It is worth stepping back from the letter of the law, and the consequences in the form of an order from the labor inspectorate or a court decision negative for the employer will not be long in coming. Therefore, special attention, in view of the lack of regulation, deserves the relationship to provide exemption from work. This article will consider the content of this type of unscheduled vacation, the features of its design and use by staff.

In practice, a day off for an employee is defined as an unscheduled vacation, which is provided to him for:

• blood donation (donation);
• work overtime;
• the day of departure on a business trip, the day of arrival from it;
• work overtime during a business trip;
• implementation of the labor function on non-working holidays and weekends.

According to Article 106 of the Labor Code of the Russian Federation, rest time (logically, any time off, paid or unpaid, falls into this category) is the period during which the employee is completely free from performing his professional duties. At the same time, it does not appear in the list of types of recreation given in Article 107 of the Labor Code of the Russian Federation, but in some other articles of the Labor Code there is the concept of compensatory rest time.

Making a day off

To be released from work for a full day or a few hours, you must submit a written application. The time of an unscheduled release from work must be agreed with the employer (its use without such agreement may qualify as absenteeism). An exception to this rule is the use of time off, the right to which appears when donating blood.

When using unscheduled rest for donation, the employee may not go to the workplace both on the day of blood donation and the next day without the consent of the employer ( , ), subsequently, to confirm the fact of donating blood, he must submit a certificate on ( k ). The staff working on a rotational basis, all due days off are provided along with the rest between shifts.

Sample leave application

It is necessary to distinguish between time off for the employee and other types of rest that are provided to him. Often, as a result of the substitution of these concepts, disagreements and disputes arise between the employee and the employer. So, unscheduled rest should not be confused with vacation (, resolutions of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2, hereinafter -) and days off provided to certain categories of employees.

The employer can independently regulate the procedure for granting time off in a local act (for example, in the provision on the provision of unscheduled rest), and also, within its financial capabilities, provide for additional guarantees and compensations, if they do not contradict the requirements of the current legislation and do not violate the rights of the employee. Thus, some enterprises introduce the practice of providing additional days off for the implementation of a monthly or quarterly production plan or job duties of a temporarily absent specialist.

Read in the e-zine:

Reflect the employee's time off in the order

If the time off appears in the order to engage in work on a holiday or day off, then there is no need to issue a separate order. There are cases when the employer agrees on additional rest time orally, while the turnout is recorded in the report card. This situation creates the risk of holding the organization, officially not, liable for violation of labor protection requirements (in case something happens to the employee at that time).

If an order to engage in the performance of official duties on a non-working weekend or holiday was not issued, and also if a free day is given to an employee for donating blood, it is necessary to issue a separate order to provide unscheduled rest. This order will serve as the basis for filling out the time sheet. Since a unified form has not been developed specifically for such cases, an order can be drawn up in any form. The document usually contains the following items:

• order number and details of the organization that issued it;
• an indication of the reason for which the exemption from work is granted;
• order for officials responsible for the execution of the order;
• position and personal signature of the persons who issued and accepted the order;
• a place for the signature of employees familiar with the order of the authorities.

Orders for responsible persons may contain different types of instructions (“provide days of rest”, “compensate double wages on days off”, etc.).

Compensation for an employee working overtime

Overtime work is paid at an increased rate or is compensated by the provision of rest to the employee (its duration must be equal to the time worked overtime, or exceed it in duration). Replacement of payment with additional time off from work is allowed on the basis of a written application from the employee (). An example of filling out such an application can be found below.

Sample application for time off due to involvement in overtime work

In case of replacement of payment by an unscheduled rest, the accrual of wages for the period of overtime work is carried out in a single amount, and an unscheduled day off is not paid. The salary in the month in which the employee is given a free day is not reduced. The time of unscheduled rest is fixed in the order.

In the case when free time from work is provided in days, they are marked in the report card with the code "B" (day off). In order to take into account the free time provided in hours, it is better to enter a separate code, for example, “DVO”. Samples of filling in the specified documents (order and time sheet) can be found below.

Leave order

Time off on the time sheet

Leave for work on holidays and weekends

Regardless of the number of hours worked on a holiday or day off, the employee is entitled to an exemption from the performance of official duties for the whole day. ( , ). There is only one exception to the general rule: personnel who have concluded a fixed-term employment contract with an employer for a short period of time (less than two months) receive only double pay in quality and nothing else.

If the employee was granted time off, payment for the time worked on a non-working weekend or holiday is carried out in a single amount, and an unscheduled rest day is not paid (part three of article 153 of the Labor Code of the Russian Federation). The day of rest is excluded from the norm of working time (). In the report card, such a day is indicated by the letter code "B" (day off). The right to choose the type of compensation (provision of a full day off or double payment for hours worked) belongs to the employee. The employer does not have any right to exert pressure at the time of choice or by default to compensate for work on a weekend or holiday in a way that is convenient for the organization, and not for the employee.

It is not superfluous to recall that any involvement of personnel in work on a day off must be justified - such a decision is made only in emergency cases, when it comes to solving urgent and important tasks that are of fundamental importance for the enterprise. Constantly “pulling” employees without good reason is not worth it: such an approach grossly contradicts the current legislation and often becomes the cause of lengthy litigation.

Compensation for blood donation

An employee who donated blood may not go to work that day. If he still goes to work, then he will be able to exercise the right to unscheduled rest on another day. A similar rule applies when blood donation was during the period of annual paid leave, on a weekend or holiday (). After each blood donation, the employee is entitled to a day of rest, which can be added to the annual paid vacation. You can use unscheduled rest the next day after donation (in this case, additional agreement on the date of release from work with the employer is not required) or within a year from the date of blood donation ().

If the employee chooses the second option, the specific date for using the day off must be approved in advance by the management of the organization. Unfortunately, some donor workers do not quite correctly interpret the right granted by law for additional rest and arbitrarily arrange a day off for themselves on an arbitrarily chosen day without the approval of the employer. Such an act can be regarded as absenteeism - a serious disciplinary violation, considered sufficient. When such a situation develops in practice, the employer has every chance to defend his case (confirmation of this is the appeal ruling of the Lipetsk Regional Court No. 33-137 / 2014 of 01/22/2014).

Unscheduled rest for blood donation is paid in the amount of the average salary of an employee (). In the report card, the day off for donation is marked with the code "OB" or "27" as an additional paid day free from work.

Important: in no case should a donor be ordered to perform his official duties on the day of blood donation: an employee can appear at the workplace only voluntarily. Therefore, you must first obtain written consent from him.

Compensation for an employee for a business trip

Increased wages or exemption from the performance of official duties are due to the employee when the day of departure, return or travel falls on a holiday or weekend, and also if the employee was involved in a business trip on holidays or days off to work (Art., Labor Code of the Russian Federation, Regulations, approved). If an employee was not involved in the performance of a labor function on weekends and holidays, but these days fell on a business trip (except for travel time), then he is not entitled to double pay (determination of the Supreme Court of the Komi Republic of July 9, 2012 in case No. 33 -2838AP/2012).

In the event that an employee on a business trip performs a labor function overtime, the employer needs to pay for processing or provide rest to the employee (). If the processing is known in advance, then an indication of the overtime nature of the work and the consent of the employee to such work must be reflected in the order to send on a business trip. Even if there was only an oral order from the employer, the employee does not lose the right to appropriate compensation (). The fact of working on a weekend, holiday, overtime work, as well as information about the duration of such work is confirmed by the documents of the host organization (certificate or report card).

Read in the Personnel System:

• How to provide time off for work on weekends and holidays?
• Can an employer refuse to provide an employee with time off for work on a weekend or holiday
• Can an employee take a day off for a day off in another month

Are unused days off paid to the employee upon dismissal?

Unused time off upon dismissal is not compensated (determination of the Moscow City Court dated November 27, 2013 No. 4g / 1-11476). It is advisable to provide the employee with the opportunity to use the accumulated days of unscheduled rest before dismissal in order to avoid disputes. Rest days due to an employee in connection with blood donation cannot be replaced by monetary compensation under any circumstances (,).

However, if the employer is ready to meet the needs of an employee who did not have time to exercise the right to time off (for example, who planned to add the accumulated days of rest to the main vacation, but for objective reasons leaves earlier), you can pay him material compensation. Some companies that are ready to compensate for underused days off to employees at the time of dismissal fix the corresponding norm with a local act.

In order to receive payment, the employee must write an application addressed to the manager with a request to consider the issue of compensation (in any form or according to the sample provided by the employer), indicating for which specific dates he is entitled to time off. You should make sure that such a right is confirmed by the time sheet data: if everything is in order and the company is ready to reimburse unused time off (as a rule, when the parties part without conflict, this happens), an order is issued indicating the exact amount of compensation. The leaving employee must be familiarized with the order, and on the day of dismissal, all amounts due to him must be paid in accordance with the requirements of Article 140 of the Labor Code of the Russian Federation.

Despite the fact that there are no direct indications of the need to compensate for unused time off either in the Labor Code of the Russian Federation or in federal legislation, I would like to warn employers against abrupt and reckless refusals. If the provision of well-deserved days of rest becomes impossible due to the dismissal of an employee, the most worthy solution will be material compensation (similar to increased wages on a day off), which, by the way, has been repeatedly stated by representatives of Rostrud.

When can I take a day off at my own expense?

In addition to paid time off provided by law as compensation for work on weekends and other production moments, the concept of “time off at one’s own expense”, that is, unpaid, is widely used in everyday life. In order to get one or more days off from work, an employee must write an application addressed to the head of the organization with a request for days off at his own expense.

If the employer is ready to meet him halfway, an appropriate order is issued, which must indicate the exact dates of release from work and its type (unpaid). In addition, labor legislation approved a list of reasons why an employer is obliged to provide a day off, whether he wants it or not:

• marriage registration of the employee or his close relative (up to 5 days a year);
• funeral of a close relative (up to 5 days a year);
• childbirth (up to 5 days a year);
• employees of the Far North have a child under the age of 16 (1 day per month);
• the presence of a disabled child under the age of 18 (14 days a year);
• work in rural areas (1 day per month, only for women);
• retirement age (14 days a year).

This is not a complete list of categories of workers who, upon request, are provided with unscheduled days of rest: they also include spouses and parents of military personnel, firefighters, participants in the Second World War, the disabled and not only. From a legal point of view, such a period of rest is treated as a leave without pay, and the procedure for its provision is regulated by Article 128 of the Labor Code of the Russian Federation.

• passport data and personnel number of the employee;
• position or qualification;
• dates of overtime work (departure on a business trip, going to work on a holiday, etc.);
• the exact number of hours worked by the employee in excess of the norm;
• additions (information about the reasons for overtime, etc.).

Is it possible to "walk away" on account of vacation?

If the next vacation is not expected soon, and the need for a respite has already arisen, it is possible, in agreement with the employer, to take paid time off for several days with a deduction from the next vacation period (such a decision is interpreted from a legal point of view as dividing the vacation into parts by agreement between the parties to the employment contract, provided for in Article 125 of the Labor Code of the Russian Federation). Any officially employed employee who has worked in the organization for at least six months (the length of service must be continuous) has the right to one or more days of release from work on account of paid leave, while the rest of the main time of annual leave must be at least 14 days in a row.

The procedure for registration is standard: an appropriate application is written, which must be endorsed by the immediate supervisor of the employee, and then transferred to the personnel department. The employer should remember that certain categories of employees (pregnant women planning to go on maternity leave, underage employees and persons who have become adoptive parents or guardians of children under the age of three months) have a legal right to use the exemption from work on account of future leave at the enterprise.

Attached files

• An employee's application for another day of rest for working on a day off (form).doc
• Order on attraction to work on a weekend or holiday (form).doc
• Order on attraction to overtime work (form).doc

Available only to subscribers

• An employee's application for another day of rest for work on a day off (sample).doc
• Order on attraction to work on a weekend or holiday (sample).doc
• Order on attraction to overtime work (sample).doc

Last modified: January 2020

The term "time off" is familiar to everyone. In fact, it is perceived as an additional day off provided by the employer at the request of the employee. How unscheduled rest is paid, at what time and which employees have the right to miss a working day by taking a day off in accordance with the Labor Code of the Russian Federation, and what can replace it. What documents are drawn up by the employee himself, personnel and financial specialists.

The worker is entrusted with a wide range of duties, norms and rules of conduct are established for him, but it is important to know that a person who has entered into an employment relationship also has a certain set of rights. They are covered in labor legislation, protected and provided by the state. One of the inalienable rights is the right to rest.

What is a leave

Despite the wide popularity and mass application in the field of labor relations, not a single regulatory legal act gives a complete description and does not reveal the main meaning of this concept. In the new edition of the main legislative act on labor, the word "time off" does not occur at all.

In the earlier Labor Code (December 28, 2001, the Labor Code ceased to have effect) it is mentioned only once in the article on overtime pay, and then, as a prohibition on establishing such compensation.

Time off is more of a colloquial term for not showing up to work on a regular work day for any reason. It is also understood as working time used by a subordinate at his own discretion. In official documents, the day off appears as another day of rest, not combined with days off according to the approved schedule.

The exact number of working and days off is reflected in the production calendar, this is the main tool for building working time.

In Art. 107 of the Labor Code provides a closed list of types of rest time:

• a short break - usually 0.5-2 hours to rest, warm up, eat;
• weekly - at least 42 hours, put after continuous work for a long time;
• days off - days free from work, are provided in accordance with the internal regulations at the enterprise;
• holidays - non-working days fixed by law, timed to coincide with the celebration of events or memorable dates;
• vacation - a specific continuous time period of release from work while maintaining the position and place of work. It is given for personal purposes in accordance with the local act that determines the procedure for granting holidays. It is the main form of realization of the right to rest.

Calculated in calendar days, paid. According to Art. 128 of the Labor Code of the Russian Federation, if there are good reasons, as well as certain categories of full-time personnel, the employer has the right to provide additional, otherwise administrative leave, i.e. at your own expense or paid holidays.

Day off according to the Labor Code - rest beyond the plan, outside the usual schedule. The main vacation is not considered, because the situation of employees should not worsen, and the duration of paid leave cannot be less than the established norm. Additional days off due to employees from among the beneficiaries do not apply to time off, it is the responsibility of the employer to provide them. The concept of time off is rather associated with various kinds of compensation.

How to take a day off? Just like that, arbitrarily, on any day pleasing to the employee, it will not work.

Conditions and procedure for performing actions so that absence from the workplace is not considered absenteeism:

1. The employer was duly notified of the impending absence from work.
2. Day off the parties agreed.
3. The administration considered the reason for non-appearance to be valid, or the obligation to provide an additional day of rest is assigned by law or an employment contract.

Reasons for leave

In what specific cases it is necessary to take time off at the legislative level is not established, but according to Art. 22 of the Labor Code, the employer has the right, based on their own financial capabilities, to adopt a local regulatory act, where they indicate the incentive measures taken for employees, the conditions for their provision, and the legal aspects of the organization's activities.

The most popular, regarded as good reasons for taking time off:

• conscientious efficient work exceeding official duties;
• overtime work, the presence of processing, recorded in the report card;
• going out on a legal day off, calling on a holiday due to a critical situation by order and with written consent;
• serious illness, funeral of a close relative;
• donation of blood or its components for donation;
• for health reasons - the need to relax after a busy period at work, emotional shock;
• parallel education;
• a business trip carried out on rest days;
• due to urgent need - marriage, subpoena, birth of children, need to leave, other family circumstances and urgent matters (school attendance, the need to attend kindergarten).

The legislator ensures the protection of family interests, but in many cases the employee has to rely on the loyal attitude of the employer. In accordance with the requirements, the internal document of the organization regulating labor activity should not contradict the law or infringe on the rights of employees.

The main state guarantees and compensations that must be provided regardless of the consent of the employer are summarized in the table for convenience:

No. p / p	Personnel category (who gets the day off)	Article of the Labor Code of the Russian Federation	How many days off (maximum number of days in a year)
1	WWII participant	128	35
2	Working pensioner receiving a social old-age pension	128	14
3	A close relative (spouse, parents) of a serviceman who died in the line of duty or a person equated to them - an employee of the FSB, the Ministry of Internal Affairs, the Penitentiary Service, the fire service, a customs officer	128	14
4	Disabled worker	128	60
5	Participant in the registration of acts of civil status (marriage, death, birth of a child)	128	5
6	A student in a general education institution that has received state accreditation	173, 174	15 (passing the final exams: 1-4 months)
7	Mastering the program of training highly qualified personnel	173.1	from 30 per year to 1 day per week (3-6 months for an academic degree)
8	Caring for a disabled child	262	48 (4 per month)
9	Woman working in a rural area	262	12 (1 per month)
10	Having 2 or more children under the age of 14 and a parent raising a child alone	263	14
11	External part-time worker	286	*simultaneously with leave for the main job (at the location of the work book) and in the same amount
12	Parent of a minor (under 14 years old) working in regions with harsh climatic conditions (the Far North and Northern regions equated to it)	319	12 (1 per month)
13	Providing blood for medical purposes (donor)	186	At every surrender. * in total, the subordinate has the right to apply for 3 days: 1 day for the immediate procedure, if immediately after the employee went to work; 1 - after, for full recovery; and 1 for the period of medical examination related to donation
14	Required to undergo a medical examination	185	For the entire duration

Compensation for time off

Often, time off is called administrative leave or administrative holidays - these are varieties in which an employee is relieved of work duties for a certain period (hours accumulated under various circumstances, transferred to days of additional rest), but without saving the average salary.

This is a standard practice, actually taking time off at one's own expense is the most common. Some cases are regulated - the obligation to provide an unscheduled day of rest, the procedure, conditions and amount of compensation are contained in the Labor Code and do not depend on the will of the employer.

In what cases absenteeism from work on a weekday is paid:

• Care for disabled minors.
• Mandatory medical examination.
• Combining work with education.
• Donating blood - Art. 186, the employer is obliged to provide the donor with 2 days, while retaining the average salary calculated according to special rules (plus another day if you had to undergo a medical examination beforehand). Their symbols: "OB" or "27" - an additional day off, paid.
• For work on a weekend or an officially established holiday - Art. 153 says that such work is paid at least twice the amount (double piece rates or tariff rates) for the time actually worked, the specific amount is specified in the internal document. Time off taken at the request of the employee, due for work on a holiday or other non-working day according to the schedule, is not subject to payment. Those. the benefit received by the employee for an unscheduled exit on a day off, in this case, is: a day paid at standard rates and the opportunity to take time off. In the report card, it is marked with the letter code "B" or the digital code "26" and is excluded from the norm, i.e. is considered a day when the enterprise is not working according to the schedule. In accordance with the clarification of Rostrud, during the billing period, the employee is paid another daily rate in excess of the fixed monthly salary (rate), and in the month when the employee takes advantage of the day off, his salary will not decrease. According to the same principle, a business trip is paid if it falls on rest days.
• Overtime work - according to Art. 152 the amount of payment is: the first 2 hours - at least 1.5 tariff rates, then - double. Time off for processing is also provided at the request of the subordinate as compensation and instead of a 1.5 or 2 times higher pay. Based on the number of hours worked in excess of the norm, time off can be provided in hours.

How is it issued

For proper documentation, you will need a paper confirming the notification of the employee about the upcoming unscheduled exit and his consent not to use or interrupt the vacation. Usually, an order is issued for this purpose and compensation is prescribed in it, in particular, the obligation to provide another day with an indication of the exact date. In this case, a separate order of the head regarding the provision of time off can not be issued, the personnel officer can only properly fill in the primary accounting documentation for the use of working time and payroll.

It is mandatory to issue an order to grant time off if the circumstances that served as the basis for an unscheduled day off are not yet reflected in any document. The procedure for fixing is established by internal administrative documents. To issue a day off, you will need a written application from a subordinate with a corresponding request addressed to the head. Based on this, an order will be issued and its contents communicated to the applicant.

How long can you use a well-deserved extra day of rest? The terms are agreed upon by the parties to the labor relations, the Labor Code does not impose any restrictions on the terms (current or next month), or on the number of episodes.

Free question to a lawyer

Do you need advice? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer's answer depends on how fully and clearly you describe your problem:

Unfortunately, most institutions work on the same schedule, which means that employees sometimes have to leave work to solve their problems, for example, take a loan from a bank, get a passport, or collect the necessary certificates. In addition, sometimes force majeure circumstances arise when it is vital for an employee to leave the service for personal reasons.

Therefore, every working person needs to understand what a day off is and how to arrange it correctly.

What is a leave?

The Labor Code of the Russian Federation does not contain the term "time off". But there is the concept of "overtime work" and "compensation for processing in the form of additional leave." So a day off is a colloquial term for an additional (not according to plan) day of rest. However, all these legal subtleties do not interfere with the understanding of the parties, and if an employee asks for time off for previously worked time or for processing, then any employer understands perfectly well what is at stake.

Who is entitled to leave?

1. An employee has the right to take time off if he has unpaid overtime, work on weekends and holidays, overtime.

2. An employee can take a day off on account of vacation.

3. An employee can take unpaid leave.

So, let's look at each of these cases separately. But first, let's turn to the Labor Code of the Russian Federation.

Art. 152 Labor Code of the Russian Federation

Overtime compensation is regulated by art. 152 of the Labor Code of the Russian Federation, and according to the law, everything looks extremely clear and concise:

1. For the first two hours of overtime work, the employee receives payment of at least one and a half times.

2. For all subsequent hours - no less than double.

3. Cash compensation for overtime work may be determined by a collective or labor agreement, as well as local regulations.

4. At the request of the employee, it can be compensated with additional rest, in time not less than the hours worked overtime.

Leave for previously worked time

According to the Labor Code of the Russian Federation, time off for overtime work is provided at the request of the employee. What does this mean? In fact, this wording prohibits the employer from independently determining the type of compensation for the employee. The worker must decide for himself whether he wants to receive pay or time off for work on weekends.

However, there are a few points to remember. Firstly, it is impossible not to go to work without prior agreement with the employer - even if there are hours worked, this will not be considered a day off, but absenteeism. Secondly, the law does not provide for the opportunity to first take a day of rest, and then work it out. And thirdly, the employee is entitled to only one type of compensation - either money or time off for a day off or a holiday.

Vacation leave

Each employee is entitled to an annual allowance. And due to this time, the employee can take a day or several days as needed. They are issued as unscheduled leave and paid accordingly. But such a mini-vacation can be issued only with the consent of the employer.

It must be remembered that with such a breakdown, at least one of the parts should not be less than 14 calendar days. That is, you can’t get the whole vacation as time off - once a year, an employee needs to go on vacation for at least two weeks.

Vacation at your own expense

So, we learned what is time off for previously worked time and what is time off for unused vacation. But what about those who do not have overtime hours and the vacation has already ended? Such employees can take a day or several days of rest at their own expense.

It is very easy to do this. An application is written to the name of the employer for the provision of days (hours) without pay, indicating the reason. Based on the application, the employee is granted unpaid leave. Or they do not provide, it all depends on the desire of the employer.

The fact is that no one is obliged to release an employee from service only at the request of the latter. There are several good reasons, in the presence of which an employee is required to take a vacation - this is the birth of a child, the death of a close relative, a wedding, and each of these cases is stipulated by law, and sometimes provided for by a collective or employment contract.

But in all other cases, the provision of time off without pay remains at the discretion of the employer, and only he will decide whether the employee has a good enough reason to leave work. Sometimes the solution to this issue directly depends on the attitude of the worker and his boss, sometimes on the state of affairs, for example, urgent work, the impossibility of finding a replacement in the case of continuous production, etc.

How to take a leave?

Time off for processing, on account of vacation or without saving, is issued in approximately the same way. The differences will be only in the wording and how this time will be paid.

First you need to write an application. It is written on a standard A4 sheet. In the upper right corner, a "cap" is drawn up:

General Director of LLC "Plus"

A. G. Petrov

from an economist

L.E. Ivanova

This is the simplest "standard" option, designed for cases where the organization does not have its own application form for such cases.

Then the word “statement” is written on the sheet, below the cap and in the center. After that, you can write the main text:

1. For time off on account of vacation: “I ask you to give me a day off on July 14, 2014 due to annual leave.”

2. Time off for previously worked time: “Please provide me with a day off on 08/13/14 for the previously worked time on 08/07/14 (specify a specific date).

3. A day without content: “Please provide me with 03/07/14 for several days: “……. for 5 calendar days from 04/02/14 to 02/07/14"

The same application can be issued for several hours: “I ask you to provide me with 3 hours without pay on 07/23/14.”

At the end is signed and dated. Sometimes in the application for no content it is required to indicate the reason, in which case you can add "... for family reasons." There is no need to describe in too much detail the problem on which you need to leave work, if circumstances so require, then the application can indicate “... to visit a doctor” or something else, but this text should be extremely concise.

In order to receive time off for processing, on account of vacation or without pay, the application must be signed by the employer. Then an order is issued, on the basis of which the employee receives unscheduled paid or unpaid leave.

Finding a compromise

Sometimes it is very difficult to get a day off for previously worked time. The employer simply does not want to let the employee go at a convenient time and finds a lot of reasons for refusal. How to deal with it? To begin with, you can demand not a day off, but monetary compensation - as a rule, the authorities part with the money much more reluctantly than with the workers for a while. But this number will succeed only if all processing is documented.

In all other cases, you will have to look for a compromise, it is possible to make some concessions. This is always unpleasant, but such a situation can be avoided. To do this, you need to have a “white” salary in order to receive normal payment in the event of monetary compensation, and properly draw up and record all going to work on weekends or holidays, processing, etc. For those who have a “gray” salary and conditionally “flexible” schedule, one can only hope for the decency of his employer.