There are times in life when rest is simply necessary, and then a day off at work becomes the ideal solution.
But how do you get the weekend you want? How to deal with this complex personnel procedure? COLADY lawyer explained how to properly request time off at work in 2021.
See also: How to protect your rights in case of dismissal due to layoffs?
When and to whom you can take time off at your own expense – conditions for granting unpaid time off
The concept of time off in modern legislation is absent, but in terms of meaning, it is close to such concepts as:
- Unpaid leave
- Extra day off due to recycling
That is, if an employee works on a holiday, then instead of an increased rate, he may be given an additional day off, which will appear in the report card as a working day. Or due to the greater workload at work, overwork in hours, the manager allows you to take an additional day off, which will also be invisible to the timesheet. This is an additional positive motivation of personnel, which is effectively used in many enterprises.
- Day off on account of vacation
A situation where an employee takes time off but leaves their annual paid leave a day earlier.
The employer is obliged to provide the employee with leave at his own expense in three cases:
- Death of a relative.
- This employee’s wedding.
- Birth of a child.
The number of days off in all these cases is 5 days…
The employer must provide leave at his own expense, if there is the serious reason… Moreover, if the manager considers that the reason is not weighty enough, he may refuse to provide time off. And the legislation prescribes only three mandatory cases for time off, which were listed above. Therefore, on the granting of leave the attitude of the management to the employee and his indispensability of this employee are strongly affected…
Also read: 10 surefire ways to build a good relationship with your boss at work.
It is desirable that the total duration of all unpaid leave for the year should not exceed two weeks, because only 14 days of time off will be eligible for work experience… The rest of the days will be subtracted from it. For example, if an employee took 30 days off per year, then the length of service for the year will be reduced by 16 days.
Thus, upon retirement, a person will notice that its duration of work or service was several days lessand this negatively affected the pension.
The Labor Code of the Russian Federation defines categories of workers who are required to provide leave at their own expense, with a written application. Moreover, the law also determines the number of days provided per year:
- WWII participants – 35 days.
- Working old-age pensioners – 14 days
- Disabled workers – 60 days.
- Parents and spouses of military personnelwho died while on duty, or injured due to diseases caused by the conditions of service – 14 days.
- Employees taking university entrance exams – 15 days.
- Employees – students of the preparatory departments of universities (for passing entrance exams) – 15 days.
- Workers – full-time students of universitieswith state accreditation:
- To pass the session – 15 days
- For the preparation and delivery of the diploma -4 months
- To pass the final exams – 1 month
- Employees taking entrance exams to vocational schools, with state accreditation – 10 days.
- Vocational school students:
- To pass the session – 10 days
- For the preparation and defense of the diploma – 2 months
- For passing state exams – 1 month
- Part-time workersif at a part-time job there is more annual paid leave than at this enterprise – in this case, the vacation at one’s own expense is equal to the difference between leaves at the main job and part-time job.
- Workers in the Far North and Equated Areas – the time required to travel to the place of vacation use and back.
How to properly arrange a day off without pay – instructions
There is no single form of application for time off at own expense, therefore it can be written by hand, in your own words… Unless, of course, the organization in which you work has not developed its own forms and forms.
- Good reasons must be indicated in the applicationwho forced you to take leave at your own expense, date and signature. If you indicate a valid reason, you can supplement the statement with copies of documents confirming the authenticity of the reason. Or indicate that copies will be provided upon receipt of the originals of the document. For example, after receiving a birth certificate, marriage certificate, or death certificate.
- After writing the application, it is given for the approval of the head. And only after the written consent of the boss, unpaid leave is considered legal. Otherwise, your absence from the workplace will be considered absenteeism, which will be the reason for dismissal under the article. Therefore, a vacation application should be written in advance so that there is time to wait for the manager’s assurance. For the same reason, you cannot write a statement retroactively.
- The next step in obtaining time off is to issue an order. The leave is then considered valid. If the day off is taken to pay off the processing debt, then the application is written simply for formality and the order is not issued.
- You can send an employee on unpaid leave only with his consent and by his written statement… You cannot forcefully poison a person on vacation if the company is idle. In this case, the employer must pay 2/3 of the salary if the downtime is not the fault of the company. And 2/3 of the average salary if the employer is to blame. The employee is obliged to be present at the workplace at this time.
The manager can call an employee from vacation only with his consent. It should be remembered that cannot be withdrawn:
- Employees under the age of 18.
- Pregnant women.
- Workers employed in hazardous and hazardous industries.
All time off are included in the calculation of annual paid leave… Thus, if an employee takes “additional days off” for 20 days, then he will be able to go on vacation, respectively, 20 days later.
Take an interest in your rights, and then negligent leaders will not be able to take advantage of the illiteracy of their employees!
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