How to take time off so that labor inspectors don’t find fault with you later. Time off at your own expense according to the labor code

The term “time off” is absent in the legislation.

In everyday life, time off is usually called additional days off, which are provided to employees as compensation for overtime or in other cases provided for by law.

Let's look at this issue in more detail in our article.

What is time off for?

Additional days off may be provided for:

Overtime work

Usually compensated higher pay:

• the first two hours are paid with a coefficient of 1.5;
• subsequent ones - with a coefficient of 2.

These are the minimums guaranteed by law. There may be other conditions in other regulations of the enterprise. Also, the conditions of compensation can be specified in the order, according to which employees are involved in.

Instead of monetary compensation, an employee can take time off by writing an application for consideration by the employer.

Once enough hours have accumulated, they can be converted into days. So, if an employee has 16 hours of overtime during a normal eight-hour work day, they can be transferred to two days off.

Payment: Days off are not subject to payment.

Work on weekends/holidays

It must be paid with a coefficient of 2. If an employee wishes to take time off for a previously worked day, then the holiday will be paid at the usual rate; instead, he will be given.

If a holiday is the day the employee departs on a business trip or returns from it, then he is also entitled to time off.

Payment: not paid.

Accumulated overtime hours on a rotational basis

Overtime hours also accumulate and can be converted to rest day(s).

Payment: not paid.

Blood donation by donors

Per day to pass medical examination and the employee must be released from work. The next day, the employee is given a day off, which he can use at any time during the year or add to his next paid vacation.

Payment: not paid.

Days off for paid vacation

If an employee wants to use part of the vacation, but his time has not yet come, he can write an application for the provision of part.

The law does not prohibit dividing it into parts, provided that one of them is at least 14 days. However, this should be done with caution, since providing 1-2 days during the week artificially increases its duration due to weekends.

If an employee was sick during his next vacation, he can provide sick leave, and the vacation will be extended or later during the working year he will be able to take time off.

Time off towards paid vacation is given only at the request of the employer. This is his right, but not his obligation.

Payment: such time off is paid in the same way as the main vacation - with accrual.

Rest day at your own expense

If the vacation has already been fully used, there is no overtime, and the employee urgently needs an additional day off, he can write an application for the provision

If the following circumstances exist, the employer will not be able to refuse leave for less than five days:

• if y ;
• if the employee has a copy of the application to the registry office;
• if the employee's spouse.

In total, such time off can be taken up to 14 days in one year, for WWII participants - up to 35, and for disabled people - up to 60.

Payment: such time off is not paid, therefore they are called.

It is not uncommon for an employee to be forced to take time off from work for periods of time that are not included in the regular annual leave schedule. This phenomenon is often called “taking time off.” But the Labor Code does not operate with such a concept.

From the point of view of the law, this situation implies an employee’s request to provide him with unscheduled leave, which the employer does not pay for. You can take such leave for various life circumstances and according to procedures specially provided for this.

To receive time off, the reason must be objective and compelling, and the time off itself and its timing must be approved by management. To do this, the employee writes a corresponding application and submits it for approval by his superiors. Although there are situations when the need for time off is impossible to predict, and it has to be taken urgently. For example, in the event of the death of one of the relatives and friends, this sad fact serves as a valid reason for taking time off, even if the employee does not have the opportunity to notify his management about the fact of his forced absence from work. In such force majeure circumstances, documentation of unscheduled leave occurs later, after the fact.

Reasons for taking time off

To be absent from work, an employee must have compelling reasons to justify a break in work. But this is required only when the time off is taken from the days of the annual planned vacation. When there are legitimate and compelling reasons for additional leave, the employee does not need to justify the reasons to management.

Legal grounds may be as follows:

• the employee has overtime hours for working on holidays or weekends, and this excess time is not paid, as required by law, at double the rate. Overtime may be enough for one day off or for several; in the latter case, the employee can take them all at once;
• an employee has a certain number of hours that he worked over a given period of time, and the organization’s management compensates him for his labor costs by providing an additional day off. This can be a very effective employee incentive tool.

But it must be remembered that the possibility of such encouragement should be provided labor agreement companies with staff.

Labor laws allow time off to replace monetary compensation for days off on weekends and public holidays, as well as various overtime hours, but does not define it as mandatory. The employer will consider the request, but has the right to refuse and provide monetary compensation. If a person is against such a decision, he will have to look for ways to find consensus with management.

Lists of legal reasons for taking time off are specified in the Labor Code. When drawing up a legally competent and substantiated statement that will be approved by management, you need to know them and understand the legal norms.

What could be good reasons?

An employee may take time off due to urgent family or life circumstances. The Labor Code lists them quite clearly:

• official wedding ceremony;
• birth of a child;
• sudden and unexpected death of a relative;
• fulfillment of donor duties.

For persons participating in donor programs, the employer is required to provide official time off on the day when blood is drawn from a donor. But such time off lasts only a day; the next day after donating blood, the person must return to his duties again.

Ways to take administrative leave

To take extraordinary leave, you must write a corresponding application in the prescribed form. It can be served in two ways:

1. Writing an application for days due to planned annual leave.
2. An application where the employee asks to be given so-called rest at his own expense. When the request is granted, the salary is not retained. This form of leave is also called administrative leave.

An employee’s rights to legally receive additional vacation days are enshrined in Articles TC 106-107, 128 and 153. The law interprets vacation as the employee’s right to be relieved of work duties for a specified period, during which the person may not appear at work.

Article 153 of the Labor Code determines an increased rate for payment of working time if an employee works on weekends or national holidays. Such work is paid at double rate, or the person has the right to express a desire to replace the monetary compensation with a day off. If such a desire is expressed and agreed upon with management, work on the specified days is paid at the standard rate, and the requested time off will not be paid by the employer.

There are two delivery options:

• on account of the period of due planned vacation, time off is deducted from the vacation period;
• providing days without the employee retaining his salary for this period.

The employee must decide for himself which option is more convenient for him; in both cases, the most important thing is agreement with management. But you need to understand that the Labor Code reserves the right for employees to take any vacation only after six months of working in the company.

Extraordinary leave for family reasons

If an employee wishes to exercise his right and take time off, he must provide his management with a corresponding application. The paper is written in standard format business correspondence. The document flow rules provide definite shape writing a document. The employee can write it either in printed form or by hand, but, as a rule, it is generally accepted to write the application in hand. If the rules of internal document flow are to draw up papers on official forms, you need to write on them.

Application Form

The application is written on regular A4 office paper. There are no difficulties in the preparation itself, however, in order to avoid misunderstandings, it is advisable to familiarize yourself with the sample statements that secretaries or clerks should have in order to strictly comply with the document form accepted in the organization.

In situations where the organization does not have a specially designed letterhead application for leave, it is worth drawing it up on the basis of generally accepted rules:

• The “header” of the document is located on the right-top of the paper sheet. The full name of the person in whose name the statement is written, given in the dative case, is indicated here. As a rule, this is the leader. First, write his position, last name and first name (or initials). Below, the applicant indicates information about who wrote the petition: his position and name in the nominative case;
• under the “header”, about two to three centimeters below, the name of the type of document is written - “application”, with a capital letter. It is placed in the center of the sheet. From the point of view of Russian grammar, this word ends the sentence from the header;
• The following outlines the essence: the employee’s request to the employer to grant him extraordinary leave, on certain grounds. The reason must be indicated. An employee who has days of possible additional leave available to him (for performing work tasks on holidays/weekends and overtime) has the right to indicate family or personal circumstances as a reason. The start and end dates of the vacation are also indicated here;
• Under the main part, the applicant puts his details - personal signature and its transcript, and also indicates the date of drawing up the document.

An employer will be more willing to accommodate his employee in granting him administrative leave if he understands the objective importance of the reasons for the request for such a service. Therefore, it is extremely important to list in detail the compelling arguments for taking time off, and ideal option There will be supporting documents attached to the application (child’s birth certificate, etc.).

On the Internet you can quickly find various sample statements for review, and, taking into account the given drafting rules, writing it will not be difficult.

For what period can I request time off?

When an employee goes on unscheduled leave without maintaining his salary, he has the right to count on a certain period of leave. By law, an employer can provide no more than 5 days of time off for valid reasons. Active donors are also given time off on the day of their scheduled blood donation, but they are required to start work the next morning.

It is also important to take into account the fact that days of vacation taken at one’s own expense count toward the length of service if their number is no more than 14. Anything more is not counted toward the length of service. This nuance especially affects pension calculations. For example, an employee who has taken 30 days of additional vacation in a year will ultimately lose 16 days of credited service in the eyes of the Pension Fund.

Some types of employees have the right to additional leave of more than 5 days, and the employer is obliged to comply with their written request. These categories include:

• working persons receiving an old-age pension. They can take up to 14 days off;
• WWII veterans - they are given up to 35 days off;
• disabled people different categories- 60 days;
• those entering universities can take 15 days off to prepare for and pass exams;
• those entering secondary educational institutions have legal right 10 days of leave;
• Full-time students can also take 15 days for the session period and up to 4 months during the preparation and defense of their diploma;
• secondary vocational students educational institutions 10 days of time off are given for the session, and up to 2 months for preparation and delivery thesis;
• 14 days are provided to relatives of military personnel killed in action;
• those who work part-time in several organizations can take additional days, the number of which is equal to the difference in the duration of annual leave for the main and extra work- if the rest at the place of combination lasts longer;
• residents of the Far North and other regions with special conditions determined by law have the right assigned to them to additional time off for the period spent on the road from their place of work to the place where they spend their vacation, as well as on the road back. The period is calculated based on the dates on the tickets.

If a person takes time off, asking to deduct days from vacation, then the time off is deducted from the amount of days of the main vacation. A person who takes 5 days of administrative leave will subsequently take 23 days of main leave instead of 28.

Taking time off according to documents.

If an employee does not properly register his absence from the workplace, this is counted as absenteeism. Truancy can have unpleasant consequences for a person, so it is better to avoid it. This requires:

• draw up an application addressed to management for time off, citing valid reasons for this need;
• submit a document for consideration by management personally or through a clerk/secretary;
• wait until the paper is approved and signed by the director/manager;
• After approval, an order is issued, which the employee must be familiarized with and signed.

There are cases when the order is not made. For example, when an employee has accumulated overtime hours, an order is not issued; a simple statement is enough. The employer does not have the right to grant time off without a written application from his employee, so there must be a document. Although in the case of processing it is of a formal nature. And the head of the enterprise must endorse his approval in writing on the application.

When a person comes to work, he receives the right enshrined by law to receive all the information about the conditions under which vacations and time off are provided in the company where he got a job. These conditions are indicated either in employment contract, or collectively.

If these conditions are not specified anywhere, then the decision to grant time off is made only by management, based on his understanding of the situation, the interests of the organization and personal attitude towards the employee. If, for example, during the period of leave there is no one to perform the employee’s duties, or he is faced with some urgent task, then the employer has the right to refuse administrative leave and offer its replacement with monetary compensation. But this does not apply in cases where time off is provided in mandatory, they are listed above.

If an employee needs to take time off, it is extremely important to document it correctly; this is necessary to retain his job - after all, leaving work without permission is already considered absenteeism and is fraught with dismissal under an unpleasant article. You must also remember that the application is not valid if written retroactively; such a document cannot become an excuse for absence from work.

22Apr

Hello! In this article we will talk about the features of registering time off.

Today you will learn:

1. What reasons are allowed for granting time off;
2. How to properly arrange time off;
3. What to do if an employee gets sick while on leave.

What is considered to be a vacation?

If an employee wishes to leave the workplace for some time, the manager, represented by the personnel department, can provide him with such an opportunity. There are several reasons for these purposes. Main feature so that they are respectful. A day off received under such conditions is considered time off.

The legislation does not provide for clauses containing the word “time off”. This suggests that some points are being established internal documents companies. They must be of the same type and applied to each employee.

Time off is granted by agreement with the employer. If an employee does not notify the latter of the upcoming day off, he may lose his job. This will be considered absenteeism and subject to control by the Labor Code. Registration of a day off must be accompanied by a written statement from the employee.

Who is entitled to time off?

The law establishes several reasons that can become reasons for taking time off.

Their list includes:

• For working on a weekend or holiday;
• For overtime (for hours, a day or several days);
• For hours that have already been worked;
• For donating blood to medical institution(donation);
• For a wedding event;
• To the funeral;
• For the birth of your own child or children of close relatives;
• Time off for a parent who is raising a minor child under 14 years of age without the help of another spouse.

The company can also develop its own time off system. This is often done in order to motivate staff to exceed plans and other indicators.

For example, the company may provide additional days off for:

• Execution of the plan in the current month;
• Replacing an absent employee;
• Exceeding working hours in a month beyond the norm;
• Proposing some new idea for the development of the enterprise, which will allow more efficient use of available resources;
• Participation in the cleanup.

Also, time off can be timed to coincide with some important events in the life of an employee (September 1 or a matinee on kindergarten). Such days off are provided only at the discretion of the employer and are not regulated by law.

An important condition for taking time off is that it should not worsen the employee’s situation. Information on the provision of such hours must be specified in the contract between the employee and the company.

Personal matters

The Labor Code states that an employee has the right to receive overtime days off for the following periods:

• Birth of a child;
• Wedding events (if the employee acts as a future spouse);
• Death of a close relative.

Weekends for these purposes are provided without pay, at your own expense. This means that the employee will lose the amount of average earnings for the number of days he will be absent. Money is deducted for the month in which the time off was provided. That is, the next salary will be reduced by a certain amount.

Example. The employee receives a monthly salary of 30,000 rubles. Taking into account the number of working days in a month (for example, 20), the average daily earnings is 1,500 rubles. For 5 days off, the employer will deduct 5*1500 = 7500 rubles from the accrual amount. The employee will receive in hand (including): (30000-7500)-(30000-7500)*13% = 19,575 rubles.

We count vacation

Every year an employee can go on vacation. The deadline for the latter is established by law and is equal to 28 days. It is allowed that 14 days must be taken into account as vacation inseparably within 365 days.

The remaining two weeks can be disbanded by the employer and the employee in different ways by mutual agreement. For example, an employee wants to take three days in one week as vacation, 5 days in another and the last.

You can also take time off as part of your vacation. For these purposes, a corresponding statement is written indicating the reason for the weekend (in this case, vacation). Each day of such leave is saved average earnings, that is, these days are paid.

By registering absenteeism, the number of days allocated for work is reduced. annual leave. This means that if an employee took 13 days off due to vacation, the latter will be 15 days per year.

What is due for recycling?

If you have spent more than normal hours at work, you can count on time off. Involving personnel in carrying out work beyond what is required is possible only with their consent. It is drawn up in writing and submitted to the personnel department or manager.

There are several reasons for voluntarily recruiting staff during non-working hours:

• If there is a temporary and unexpected delay at the enterprise (for example, the supplier did not deliver materials on time). When an employee does not complete the production of the planned volume of products during his working hours, he can be involved in overtime work only in cases where the unfulfilled plan threatens damage to goods or harm to the health and life of people;
• Temporary malfunction that will lead to interruption of activity large number company employees;
• Absence of one of the employees if the work process in the company is built on continuity.

Instructions

In accordance with labor legislation, additional days of rest are provided, which can be obtained upon application throughout the year at any time. Such days are provided for in Article 152 of the Labor Code of the Russian Federation for overtime work, Article 153 of the Labor Code of the Russian Federation for work on weekends and holidays, Article 301 for shift work, Article 186 for donors, Article 125 for unused annual leave, Article 128 provides for the opportunity to take leave without pay for your check.

All additional days of rest must be documented in accordance with labor legislation. If double payment has already been made for overtime work, then these days are not subject to additional rest. If payment has not been made and the employer has been warned that the employee wishes to receive additional days of rest equivalent to overtime hours worked, an application must be submitted regarding the need to use these days. The application must be submitted to the employer for consideration and signed by him. The employer is obliged to issue an order to provide the employee with an additional day or days of rest and indicate for what day of work it was provided.

In accordance with Article 125, annual paid leave can be used in parts, but one part should not be less than 14 calendar days. Therefore, if the remaining vacation days are not used, they are given in parts throughout the year. The same provision applies to cases of employee illness during regular vacation. The leave is extended for all days for which the sick leave was received and therefore, if the leave was not extended, all days for the sick leave can be used in full or in parts during the current year. The employer must be notified of this in writing and provided a signature.

About donors, the Labor Code states that they have the right to a paid day during direct blood donation and to additional days off. But when specifically to provide them is not specified, therefore this issue is resolved by the employer and employee through mutual negotiations and can be timed to coincide with the next vacation or used as an additional paid day off during the year.

For work on weekends and holidays, for overtime on shift, employee days or double pay are also due. In all cases, you must submit an application for the need to take advantage of additional days off in advance.

If the employee does not have any additional days of rest and the next vacation is used in full, then it can be done at his own expense. To do this, you should notify the employer in advance, submit an application two weeks in advance, or, in urgent circumstances, three days in advance. In emergency circumstances, which include serious illnesses of loved ones, death occurs on the last working day before death. During the year you can take 14 days without pay, for WWII participants - up to 35 days, for disabled people - up to 60 days. All days exceeding the specified periods are by agreement with the employer. In all cases time off is formalized by submitting an application, under which the employer puts his resolution and an order, which indicates for what, when and why it was provided time off.

Unauthorized absence from work without appropriate documentation is considered, for which you can be fired according to the appropriate rules. Only those days on which the application was submitted are not considered absenteeism. allotted days rest is available, but the employer refused to provide them (Article 81 of the Labor Code of the Russian Federation, Resolution of the Supreme Court of the Russian Federation No. 2).

By labor code time off– another day of rest for performing overtime work or for working on holidays. The employer has the right to involve employees to work on weekends and holidays, as well as to work overtime in emergency and exceptional situations at the enterprise, even without the consent of these employees, but no more than 12 days off and holidays per year. Pregnant women, women with children under 3 years of age and citizens under 18 years of age cannot be required to work overtime. For work beyond the established schedule, double pay is paid or an additional day off is provided.

Instructions

For registration time off and the employee must write a statement asking to provide time off. In the application, indicate for what period of overtime this is provided time off, and on what day it will be used.

This application must be signed by the head of the unit and the head of the organization.

Without proper registration time off and for an unauthorized decision to rest on a certain day time off cannot be granted and the decision will be considered truancy. That's why time off It is always necessary to formalize and agree with the enterprise.

For family reasons and other valid reasons, the employee may be provided with a written time off without wages, that is, at your own expense. This statement also required from the boss structural unit and the head of the enterprise. Sign the issued order to provide a day of rest without pay and only after that use this time off ohm

Situations when you need to take a few days off your check, happen very often. This opportunity is provided by Article 128 of the Labor Code of the Russian Federation. But everything is formalized in accordance with the requirements of the law and in agreement with the employer. Moreover, the number of days granted leave without pay during the year is also determined by the Labor Code.

You will need

• - statement;
• - order.

Instructions

Vacation for your own check can only be issued by good reason, but Article 128 does not provide clear explanations on check which reason should be considered valid and is therefore left to the employer's consideration. All working employees have the right for their check no more than 14 days in the current year. Exceptions include WWII participants, who can receive 35 days for their check and disabled people – 60 days. The employer does not have the right to refuse to provide leave upon the birth of a child, in the event of the death of a close relative, or in the event of marriage registration. In these situations, you can get guaranteed for your check for up to 5 days.

The law also provides for guaranteed leave without pay when passing entrance exams to educational institutions - up to 15 days (Article 173 of the Labor Code of the Russian Federation). Students of preparatory courses of educational institutions, employees studying at accredited universities full-time, to defend a thesis, for state exams – up to 15 days. For heroes of socialist labor - 21 days, for members of the election commission and their authorized persons - from the day the elections begin until their end, for participants in hostilities in conflict resolution zones - 35 days, for wives for the entire period of their husband's leave. In all other cases, the employer has the right to refuse to provide leave due to.

To register time off s, write a statement addressed to 14 days before receiving the desired. If leave needs to be taken on an emergency basis, due to valid unforeseen circumstances, then you can warn the day before. The application must be supported by the employer's resolution.

Based on the submitted application, the employer issues an order unified form T-6. Information about this is entered into Form T-2. Vacation without pay exceeding 14 calendar days is not included in the length of service for registration of the next vacation and for early registration of a pension.

In some cases, employees require additional leave without pay. To take time off for your check, you must notify the employer in writing. For this purpose it is compiled. Documentation such leave is regulated by Article 128 of the Labor Code of the Russian Federation, which states that time off is provided with the consent of the employer.