The legislative framework
The provision of unpaid leave is regulated by Part 1 of Article 128 of the Labor Code. To receive additional days of rest, the employee must send a corresponding application to the employer. It states the reasons for such a request. For example, this could be family circumstances.
IMPORTANT! In some cases, a manager asks his employees to take unpaid leave. For example, this often happens during downtime or renovation of the premises. Such a request from the employer is due to the reluctance to pay for downtime. However, this is illegal. An employer does not have the right to force a worker to go on vacation without maintaining a salary. Otherwise, the employee can contact the labor inspectorate.
Can an employer send an employee on leave without pay?
At times when an enterprise has financial problems or work is suspended, company management very often tries to send the majority of employees on leave without pay in order to save money. Since forced downtime must be paid by the organization according to established rules.
This offer is given to the employee orally and contains instructions to write an application for leave without pay.
However, we must remember that the administration of an economic entity does not have the right to force people working at the enterprise to write such statements.
If the employee can prove that he submitted such a document under duress, administrative measures may be taken against the company management, and it will also have to pay the employee for the entire time he was on leave without pay.
Sometimes, the company’s management can retroactively issue leave without pay for valuable employees based on their application in order to cover absenteeism and not apply disciplinary measures to them.
Attention! This situation should be beneficial for the absentee employee, since he will be able to keep his job. At the same time, we must remember that it will be impossible to fire him for absenteeism after this, since on paper he was absent from work with the permission of management.
When a leave without pay is issued instead of absenteeism, its basis is still the employee’s statement.
Order creation procedure
An order to provide unpaid leave is created based on the employee’s application. The order includes these sections:
- Employee's full name.
- Name of the organization.
- Reason for granting leave.
- Duration of rest, start and end dates.
The order is created according to the unified form T-6.
Sample
Unified form No. T-6 Established by Decree of the State Statistics Committee No. 1 of January 5, 2004
LLC "Kvadrat" Order No. 33
About granting unpaid leave
Provide leave Full name: Anna Anatolyevna Petrova Structural unit: HR department Position: HR employee A. Annual paid leave B. Without pay For 7 days From April 1, 2020 to April 7, 2020 C. Total leave: 7 days From April 1, 2020 year until April 7, 2020.
This is important to know: Is it possible to take additional leave before the main one?
General Director (signature) Solntsev K.O. The order has been reviewed by (signature) A.A. Petrova
The procedure for registering an employee's leave at his own expense
Step 1. The employee submits an application
If an employee wants to receive leave at his own expense, he must submit an application addressed to the head of the company. He can write the text of the document by hand, or use a template developed by the HR department. In the latter case, as a rule, the employee enters personal information in the empty fields of the form.
An application for unpaid leave must contain:
- The reason why the employee is requesting leave.
- Holiday start date.
- Duration in calendar days.
In the document, the employee must indicate the reason, even if this is due to some personal event that he does not want to disclose. But if this does happen, then this kind of information is subject to the law on the protection of personal data, and therefore will have to be stored and processed in accordance with its provisions.
Important! It is best to indicate a truthful reason, since leave without pay is granted at the will of management, and if it considers the reason given to be unjustified, leave will be denied.
In addition, copies of documents confirming the reason will need to be attached to the application. These could be birth or death certificates, various types of certificates, etc.
If at the time of filing the application there are no copies of documents on hand, but such will appear in the future (for example, a birth certificate is issued only some time after the event), then you need to specifically indicate the date by which the copy will be provided.
Step 2. Draw up an order for the provision of leave
After the application is signed by management, it is returned back to the personnel department. There, on its basis, a vacation order is drawn up. For these purposes, the standard form T-6 is used, or T-6a, if rest time is provided to a group of people at once. In addition, the document can be drawn up on company letterhead using the required details.
Vacation information is recorded in section “B” of the standard form, and section “A” is ignored. It must indicate the name of the rest time - “Leave without pay”, as well as for how many days it is provided.
The information from the previous section is transferred to section “B”, and the period in days during which the employee will be on vacation is also recorded.
The details of the application drawn up by the employee are entered in the “Bases” field.
Step 3. Familiarization of the employee with the order
The completed order is endorsed by the head of the company, after which the document is handed over to the employee. He must familiarize himself with its contents and put his personal signature in the appropriate column, as well as the current date.
The order is subject to registration in the order book, after which it is stored in the archives for at least 75 years.
Attention! Since this type of leave is unpaid, a copy of the order does not need to be submitted to the accounting department, and a settlement note for it does not need to be drawn up in the T-60 form.
Step 4. Displaying information in the employee’s personal card
A personal card is a document that is opened when a person starts work and contains information about his work for the entire period of his stay in the company. For these purposes, there is a standard T-2 form, but the law also allows you to create a personal card based on your own needs.
To reflect information about vacations, use the “VIII Vacation” section.
It looks like a table in which you need to enter:
- Name of leave (same as order);
- Duration in days;
- Start and end dates;
- Vacation order details.
Attention! For ordinary employees, the columns containing information about the period of activity for which leave is issued are not filled in. However, if the employee belongs to categories for which the provision of leave without pay during the year is mandatory by law, then the first and last days of the calendar year must be entered here.
There is no need to familiarize the employee with the information entered in the personal card.
Step 5. Reflection in the accounting sheet
To record the attendance or absence of an employee at his place, time sheets and standard forms T-12 and T-13 are used. Information is entered into it based on primary documents.
Leave without pay is reflected in the time sheet on the basis of a copy of the leave order.
The days that the employee will be absent must be noted:
- A vacation has been issued at your own expense with the permission of the administration - code “DO” or digital 16;
- Leave has been issued in accordance with the provisions of the law - code “OZ” or digital “17”.
Important! It must be remembered that, unlike the main vacation, in this case, weekends and holidays are included in the rest period.
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At the initiative of the employee
The initiative to take leave without pay can only come from the employee. The employer does not have the right to force such rest on an employee.
However, there are cases when the manager issues an administrative document on rest (the article provides a sample order without pay, which can be downloaded below) unconditionally:
Duration in calendar days
Participant of the Great Patriotic War
Working pensioner (old age)
Parent and wife (husband) of military personnel, law enforcement officers who died or died due to injury while performing their duties
Any employee who has had a child, registered a marriage, or whose relatives have died
In other cases, the employer is not obliged to approve the employee’s request.
Leave without pay
Vacation days have been used up, but the employee needs time off from work? If the management does not mind, he can rest at his own expense. Find out in what situation the employer does not have the right to refuse.
Download this useful document:
Leave without pay at the initiative of the employee: when can you refuse
An urgent move, the need to resolve family issues, a visit to an office that works only during the daytime - the reason for leave without pay can be any. Taking unpaid or, as it is also called, administrative leave is necessary for those employees who have already used the days of annual paid leave required by law, but still need to be released from work for some time.
Leave without pay is provided to the employee in the manner prescribed by Article 128 of the Labor Code. To receive a leave of absence from work for one or several hours, days, weeks or even months, you should make a written application addressed to the head of the organization.
Employee's application for leave without pay
According to the Labor Code of the Russian Federation, the employer decides whether to give an employee leave without pay. If he is ready to meet you halfway, you need to agree on the duration of the vacation and complete all the necessary documents. If the reasons stated in the application do not seem compelling, or the absence of a specialist at the workplace will negatively affect the production process, the applicant may be refused. Exceptions are cases stipulated by law and do not leave the employer the right to refuse.
? No employer can, on its own initiative, send an employee on vacation at his own expense. The presence of a written statement proving that the initiative came from the employee is a mandatory condition, without which the procedure is considered illegal, and coercion to write such a statement is punishable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
Online calculator from the magazine "Personnel Business"
Who is provided with mandatory unpaid leave?
Some employees can be released from work without pay at any convenient time, even if their temporary absence is not profitable for the organization. We are talking about preferential categories (Article 128 of the Labor Code of the Russian Federation).
Employees who have an unconditional right to leave without pay:
Personnel officer's memo. How many days of unpaid leave should employees be given?
In addition, unpaid leave of up to five calendar days is provided to any employee in connection with the birth of a child, the death of a close relative, or marriage registration.
Duration of leave without pay
If leave is provided by agreement of the parties, the employee and employer jointly decide what its duration will be. The maximum duration of unpaid leave is determined by law, if it is mandatory.
? State and municipal employees have the right to take leave for a year
without pay.
? Working pensioners have the right to unpaid leave for a maximum of 14 days
per year (Article 128 of the Labor Code of the Russian Federation).
? Combat veterans can take up to 35 additional days
per year.
? Working disabled people can take additional leave without pay for no more than 60 days a year.
. But by agreement of the parties, the vacation period can be extended. The Labor Code of the Russian Federation does not limit the duration.
? When release from work is required to study at a technical school or university, the stage of the educational process at which the student is located is taken into account. 15 days are allotted for passing entrance exams to a university.
, state exams -
1 month
.
If a student prepares his final work and immediately passes state exams, he is given up to 4 months
of unpaid leave.
When receiving secondary vocational education, the period of leave without pay for passing entrance exams and intermediate certification is a maximum of 10 days
, for final certification -
up to 2 months
.
The duration of unpaid leave is determined in calendar days, not working days. In this case, non-working holidays falling during this period are included in the number of rest days and are not extended. The courts share the same opinion (resolution of the Seventh Arbitration Court of Appeal No. A03-22821/2013 dated June 30, 2014).
Attention!
Extending the period of leave without pay beyond the legally established threshold is possible only with the consent of the employer!
Providing leave without pay: step-by-step instructions
To complete the procedure, you will need at least two documents - an application and an order. Vacations are processed in four stages:
The document is drawn up in free form. It indicates the reason why the employee requires release from work, as well as the desired start and end dates of the leave. The application can be accompanied by copies of documents confirming the existence of valid grounds (for example, a birth certificate of a child or the death of a relative) or a legal right to additional rest (a medical report confirming disability, a certificate from a university or part-time job, etc. .).
If yes, make sure that he has not yet used up all the allotted days for the current year, and proceed to filling out the order. If the law does not require that an employee be released from work without fail, make a decision based on the current production situation, the reasons stated by the applicant and the explanatory documents attached to the application.
Sample application
The employee addresses the head of the organization with a statement in which he sets out the reasons for his absence and the number of days needed.
There is no set application form. In the upper right corner, the employee indicates his full name. and the position of the manager, the name of the organization. Here he indicates his details, including his position.
The text must justify the circumstances that gave rise to the appeal. At the end of the document, you must indicate the date of preparation and sign it.
The application can be handwritten or printed.
Unified forms of prakaz
The unified form “Leave without pay” (No. T-6) is determined by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1. However, this document is not mandatory for use, so its form can be any.
Organizations prefer to use a ready-made form that has lines for entering information.
The procedure for taking vacation at your own expense
The employee must provide a corresponding application
If there is a need for leave without pay for any reason, the employee must provide an application to the employer, which is written in any form (Labor Code of the Russian Federation, Article 128, Part 1).
You can read about this in this article: are weekends and holidays included or not included in vacation?
The application must contain the following:
- Reasons why an employee needs to be absent from work.
- The date the employee went on leave.
- Duration.
Acquainted with .
The procedure for issuing an order for granting leave
The order is issued in the standard form established by the State Statistics Committee of the Russian Federation according to Resolution No. 1 of 01/05/2004:
- For one employee it is filled out according to form T-6.
- For a group of employees, it is filled out according to form T-6a.
Familiarization of the employee with the order
After issuing the relevant order, it is necessary to familiarize the employee with it, who must indicate the date of notification and put his signature in the space provided for this.
Entering information into an employee’s personal card
To store all data about the employee, a unified form of the employee’s personal card was approved, adopted by Decree of the State Statistics Committee of the Russian Federation No. 1 of 01/05/2004. Form T-2 is used by commercial organizations; for municipal and state structures, form T-2GS(MS) is used.
The “Vacation” section should be filled out on the card. When entering, you should take into account the filling provisions, which are established according to the above-mentioned resolution of the State Statistics Committee.
Please note that from January 1, 2013, non-governmental organizations have the right to independently develop a sample and use forms of primary documents for accounting, including their own form of personal employee card (letter of the Federal Labor Service No. PG/1487-6-1 dated February 14, 2013 ). However, the document must contain all the necessary mandatory details that are established by Federal Law No. 402-FZ, Article 9 Part 2. The form of the document is approved by the head of the business entity. Although you can also use the standard unified form.
The procedure for preparing a time sheet
Next, it is necessary to reflect the absence of the worker at production in a unified form T-12 or T-13, approved by a resolution of the State Statistics Committee, depending on which is maintained in the organization to record working time for employees.
On the established dates, certain alphabetic or numeric codes are entered; if the employee is granted leave at his own expense without pay, the following must be indicated:
- DO (16) – in case of granting leave with the permission of the employer.
- OZ (17) - in situations of receiving leave in cases provided for by law.
When an employee is granted leave without pay, a note is not entered into the personal account, and a note of calculation is not drawn up, since no payments are made to the employee on this occasion. Tags Vacation>What is administrative leave without pay
Differences and accompanying documents
Labor legislation establishes different types of leave, for example, educational, paid and others. The order in which they are provided differs. At the same time, the form that is used is the same for all types - form T-6.
The differences in registration lie in the reflection of information in sections A and B, where there are lines for the annual basic, which is paid, and additional.
The rest order is accompanied by a number of documents:
- schedule in which vacation periods are approved;
- employee appeal;
- a calculation note containing information about the average salary amounts.
Deadlines, date, signature, seal
An order drawn up in a unified form must include information about the date of its creation, periods of rest, which are indicated in calendar days, and the period of absence from the workplace.
Unpaid leave correlates with the main paid leave in sections A, B. The latter indicates the total period of rest.
The order is signed by the head of the institution or an authorized person (by proxy or acting).
The employee signs the order, certifying that he has read it.
Mandatory holidays from previous years
It happens that an employee has not had a rest for several years, but this year he decided to take advantage of the rest days from previous periods. In this case, this must be reflected in local act No. T-6 or No. T-6a.
True, the usual form does not provide for the listing of several periods, so it needs to be modified. Changes must be formalized in the appropriate organizational and administrative document, as provided for in the Procedure for the Application of Unified Forms of Primary Accounting Documentation.
What must be indicated in the order
When you fill out an order for leave without pay (sample 2020), pay attention to the following columns:
- name and eight-digit code of the organization according to OKPO;
- order number and registration date (precisely registration, although it is written to be filled out, since you can fill it out today, but they can approve it tomorrow);
- FULL NAME. employee;
- the period of his work for which days of rest are provided;
- type of vacation and number of calendar days;
- signature column when reading the order.
The main blocks that must be filled out and require special attention are marked with the letters A (annual basic paid), B (other types of vacation) and C (total number of calendar days).
Block A. Annual basic paid rest
Here we record the periods of rest provided annually to all employees of the organization, without exception.
Sample of filling out an order form for annual leave
Block B. Other types of recreation
These include annual additional paid leave (including educational leave), days off without pay, the period of pregnancy and childbirth (maternity leave), as well as child care.
Sample of filling out an order form for leave without pay (at your own expense)
Sometimes it is also called an order for administrative leave without pay.
Block B. Total number of calendar days
The law does not prohibit combining paid and unpaid absence; paid rest days can smoothly turn into unpaid ones, especially since the T-6 form allows you to express this idea on paper.
This is important to know: Reading the vacation order
Sample of filling out an order form for administrative leave
Vacation order, sample 2020
In what case cannot an employer refuse leave at his own expense?
The Labor Code of the Russian Federation establishes that if the following events occur in the employee’s family, then he has the right to apply to the company administration for leave without pay, and he does not have the right to refuse:
- Birth of children - it is necessary to provide a birth certificate
- Marriage – a marriage certificate serves as a supporting document.
- Death of a close relative - close relatives are parents, children, spouses. Here you also need to provide a death certificate.
The duration of leave without pay in these cases is five days.
In addition, legislation guarantees certain categories of employees the right to leave without pay, when during this period the employer must formalize:
- For working pensioners, its duration per year is no more than 14 days.
- Participants of the Great Patriotic War receive a vacation of no more than 35 days in total for the year.
- Employees who are classified as disabled have the opportunity to receive unpaid leave for a total of up to 60 days per year.
- Employees who are family members of military personnel who died or died during service may be granted unpaid leave for up to 14 days.
- In other cases directly provided for by federal legislation. For example, when combining work and study, several jobs, or when caring for a child.
Local regulations of the company may provide for other cases when an employee can contact management with a request for leave, and it will have to agree to this. The main thing is that all these cases are recorded in the Collective Agreement or other acts of the company.
These categories of citizens can use these periods immediately, or take them in parts. However, it is better not to exceed the established standard duration. Since for longer leaves without pay, the employee must obtain the consent of his employer.
Attention! When an employee receives the right to leave without pay on several preferential grounds, the total duration of leave is not summed up. He needs to choose reasons for such a vacation, where the duration is longer.
Storage period for vacation orders
In accordance with paragraph 19 of the List of standard management archival documents. approved by Order of the Ministry of Culture of the Russian Federation dated August 28, 2010 No. 558, the storage period for such documents is 5 years.
And all types of orders related to rest for workers in difficult, harmful and dangerous working conditions, for child care, without maintenance of pay (wages), in accordance with the same paragraph of the List, are stored for 75 years. Thus, the order for administrative leave, a sample of which is posted above, is stored in the archives for at least 75 years.
Basic moments
A vacation order is drawn up in advance, and the employee must familiarize himself with it against signature no later than 14 days before the start date of the vacation.
Some enterprises practice issuing a leave order based on an employee’s application. However, this is not mandatory, especially if the company provides vacations to its employees based on the schedule.
A vacation order is the basis for making a corresponding note in the employee’s personal card, as well as for calculating vacation payments.
This document is drawn up in a single copy and must be stored for five years.
As you can see, a vacation order is an important internal document. Therefore, it is in the interests of any manager to draw it up correctly and in accordance with the law.
Temporary performance of duties
When an employee is on vacation, his functional (and sometimes job) responsibilities are distributed among other working colleagues. At the same time, in accordance with the norms of labor legislation, with the written consent of the employee, along with his main work (defined by the employment contract), he may be assigned to perform additional work in a different or the same profession (position) for additional payment.
Sample of filling out an order form for replacing an employee
An important and mandatory condition in this matter is the condition of compliance with the formal side of the temporary combination procedure. The employer needs to check:
- handwritten application by the employee for temporary performance of duties;
- familiarization of the employee with the job description of the employee whose duties he will temporarily perform (signature required);
- familiarization of the employee with the order on the temporary assignment of relevant duties to him.
It is advisable for the employer to prepare and sign an additional agreement with the employee on the temporary performance of duties for a temporarily absent colleague.
Sample application for temporary performance of duties
Sample of an employee familiarizing himself with an order on temporary replacement
Sample text of an agreement on temporary performance of duties
The director also wants to rest
What if the director of the company decided to take a break? Everything also needs to be done in accordance with the law. The head of an organization is also its employee. At the same time, by virtue of the Federal Law of 08.02.
only a collegial body (board, directorate, etc.), if any, a meeting of participants (shareholders) of the company or the director himself. The decision of a collegial body or meeting of participants is documented in a protocol, which, in addition to all the conditions for the director’s rest, also decides the question of who will perform his duties during the absence.
An order is issued based on such a protocol. It can also be compiled in any form: both unified and free.
If the unified T-6 form is selected, then by default only the manager himself can sign it. Therefore, in order for an authorized member of the company to sign, it must be amended in advance.
The fact of such changes is recorded by a separate order of any form. It happens that the director has the authority under the charter to send himself on vacation independently. Then he can sign the order himself, and carry out all the registration in accordance with the general norms of the Labor Code of the Russian Federation.
