Application for administrative leave - how to fill it out correctly

Application for administrative leave for 1 day

When writing an application for administrative leave, the following aspects are taken into account:

• formulated in a free manner;
• addressed to the manager;
• the application must indicate the start date and end date of the vacation;
• indicate the number of vacation days;
• the reason that served as the basis for the decision to take leave without pay is indicated.

For example:

General Director of LLC "ABV"

Molodtsov M.M.

head of legal department

Znaykina Z.Z.

Statement

I request that you grant me administrative leave for 1 day on 03/27/2017 for family reasons.

March 24, 2017

Znaykin Z.Z. _______________

(signature)

When filling out an application, you must be guided by Article 128 of the Labor Code of the Russian Federation.

Grounds and procedure for provision

Administrative leave at the initiative of an employee, the maximum period of which is not limited by law, is granted upon a written application from the employee, agreed upon with the employer. Usually people ask to be released from work for a period from several days to a couple of weeks - some need to finish repairs, while others have decided to take an unplanned vacation. But sometimes such absence can last for several years, for example, a woman is forced to stay at home with her child for more than the three years required by law, and the manager does not want to lose a valuable employee and has the opportunity to accommodate him. The only exception in this matter is civil servants - for them, unpaid holidays cannot last more than one year.

When time off is provided by agreement with management, the application can simply be written “for family reasons,” without specifying these circumstances. If a person asks to be given administrative leave by virtue of the law, then the application must indicate the basis and attach the relevant document, for example, a certificate of disability. Based on the employee’s application, the employer issues an appropriate order or instruction, which the employee must be familiarized with and signed.

Sample application for administrative leave 2020

https://youtu.be/EEBaqhFDJIc

Who is eligible for administrative leave?

Administrative leave is granted by agreement with the manager, but it must be understood that an employee may be refused this leave due to an unjustifiable reason in the opinion of the enterprise administration.

The legislation still obliges the manager to provide administrative leave to the following categories of citizens :

How to arrange time off at your own expense?

At the same time, in relation to beneficiaries, Article 128 of the Labor Code of the Russian Federation provides for broader powers, implying the registration of leave precisely at their request, without taking into account the opinion of management and the same need for presence at the enterprise for the purpose of executing an urgent order.

However, given that it is problematic to reflect the absence of just a few hours on the time sheet, HR officers recommend entering the whole day into the time sheet, formatted in a standard way, and using the rest as time off at another time convenient for the employee.

Upon consideration of the application, the boss puts the visa on the document “Approve” or “Refuse”. If the employee’s arguments are considered convincing, his appeal will be granted. After receiving approval, an order (form T-6) is prepared at the organization’s office, and the employee, to confirm his awareness of this fact, signs, enters information about his full name and puts a date marked below “Acquainted”.

If we talk about the provision of leave in general, the solution to this issue is within the competence of the employer, who takes into account the interests of the employee and the organization. Here we are talking about voluntary agreement.

A special feature of voluntary leave is the possibility of agreeing on the duration without any restrictions. The main thing is that the employer is ready to release the employee on the requested conditions.

Any person has circumstances when he must be in another place during working hours.

If you just don’t go to work, it will be absenteeism, and its consequences can be very sad.

A solution may be to take time off at your own expense.

What does the law say?

The first thing the employee must do in this case is to refer to the legislative acts, which spell out all his rights and obligations.

To avoid having to turn over stacks of documents or spend hours on the Internet searching for information, in our article we will consider this issue in detail.

Normative base

All relations between employee and employer in Russia are regulated by Labor legislation. It also regulates the employee’s rest.

So, according to the Labor Code, you can take time off in several ways.

The first option is due to the additional rest time provided:

• for overtime (Article 152 of the Labor Code provides for the provision of rest time no less than the time worked overtime);
• for working on weekends and holidays (Article 153 of the Labor Code of Russia);
• working on a rotational basis - overtime hours during the year can be summed up and provided to the employee in the form of an additional day of inter-shift rest (Article 301 of the Labor Code of the Russian Federation);
• for donating blood or its components - not only the day of donation is a day off, but also the next day, which, in turn, can be transferred to any other (Article 186 of the Labor Code of the Russian Federation).

Holidays are not provided in advance for these reasons. In addition, such absenteeism is not shown on the timesheet.

The second option is to pay for your vacation.

Article 125 of the Labor Code states that annual leave, which is paid by the organization, can be divided into parts.

Thus, an employee, in agreement with the employer, can take one or more days from it according to a previously written application.

Option 3 - time off at your own expense. This will be discussed in the following chapters of our article.

The concept of “time off” does not currently exist in Russian legislation. But it did not go out of use.

In practice, administrative time off is equivalent to leave without pay and is regulated by Article 128 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation

This leave can be taken for family reasons, as well as for other valid reasons.

Here the employer independently decides whether to give you an additional day off or not. That is, he may consider the reason disrespectful and not provide time off.

But there are several cases in which the authorities do not have the right to refuse, as well as certain categories of citizens.

Every employee has problems from time to time. for permission to which you need to leave the workplace for a couple of days - for example, to attend the same school or issue any certificates.

And since labor relations provide for a number of benefits and guarantees that allow you to combine employment with family life, the law provides for the possibility of taking leave without pay, the rules for taking it have their own characteristics.

Article 128 of the Labor Code of the Russian Federation establishes that any employee, regardless of position, length of employment and length of shift, has the right to administrative leave, the duration of which is determined in agreement with management.

Moreover, by virtue of the stipulated article, for some categories of workers administrative leave is provided as a benefit.

It should also be noted that in most cases the issue of granting administrative leave is resolved through agreement with management, who, depending on production needs and the progress of activities, may refuse to grant leave.

From the first day of employment, any movement of a worker implies documentary recording. That is, every working day is reflected in the timesheet, just like a day off.

Find out what: Compensation upon dismissal for unused vacations

If an employee is sick, sick leave is issued; if he receives a certificate calling for a session, an order is created. Naturally, if an employee wishes to receive leave, even for a few days and without pay, due to the same family problems, an order is also issued.

And since in order to draw up an administrative document, which is what an order is, grounds are needed, the worker, on the eve of administrative leave, must write an application requesting a certain period of time without pay, indicating the reason or reference to a legislative act.

That is, regardless of whether the employee is a simple worker or a benefit recipient, a leave application is always drawn up and submitted for consideration by management.

The procedure for drawing up the application, as well as in whose name it is written, in almost all cases there is no doubt, because the agreed document is addressed only to a superior manager.

But what if there is none, and the director is the final authority?

In such a situation, there are only two options:

• The statement is not written at all, and the order states that the director is going on vacation at his own expense.
• The application is submitted to the founders of the company, who, by their decision, enshrined in the protocol, give permission, and also sign the order in the person of one authorized person.

Despite the fact that labor legislation regulates all areas of labor relations in sufficient detail, many aspects still remain unregulated.

We are talking about the same document forms that are created at all stages of cooperation, including an application for administrative leave.

At the same time, taking into account that release from duties without pay for family or other reasons is a fairly common occurrence, a certain practice has developed of drawing up an agreed document, taking into account various grounds and other nuances, ranging from standard to specific.

Typical example

As a rule, a standard application should include the following components:

• hat, that is, full name. director, position and details of the employee himself;
• Title of the document;
• the main part, consisting of a request for exemption;
• applications, in particular the same sick leave;
• signature and date of document preparation.

Unforeseen situations happen in every person's life. They don't expect a day off or vacation, so sometimes an employee really needs to not show up for work. The most optimal solution in such a case is an application for a day of vacation agreed with the authorities.

Technically, the concept of “time off” has been excluded from labor legislation since 2004. According to the old rules, time off was considered compensation - a free day given to an employee for working on a day off or during a holiday. That is, it was a rescheduled day off.

Today, in such cases, the employer either gives the employee the right to take one day off or pays him extra for overtime. Typically, most people opt for extra money.

Employer's liability for failure to provide administrative leave

Failure to provide administrative leave to an employee who is legally entitled to use this leave falls into the category of violation of labor legislation and entails administrative sanctions (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

For example: At GDE LLC, the general director refuses to grant administrative leave to sales manager Kopeikina K.K., who is the spouse of a military serviceman. In her application, the employee indicated that this leave, lasting 4 days, would coincide with her husband’s leave and attached an extract from the order.

In this case, the general director violates Article 5.27. Code of Administrative Offenses and can be held accountable as an official by warning or imposing a fine of 1000-5000 rubles, or an administrative penalty can be imposed directly on GDE LLC with a fine of 30,000-50,000 rubles.

Procedure and terms for storing leave applications

Applications are filed in employees' personal files, regardless of whether the leave is paid or not. Personal files are kept in the HR department. The storage periods for documents depend on the reason for the leave and are determined by the provisions of Law No. 43-FZ dated.

Leave applications have been stored in the archives for five years:

• planned;
• educational;
• when postponing regular vacations.

Statements are kept for 75 years:

• for vacations for persons working in production with harmful and dangerous working conditions;
• during maternity leave.

The permanent expert commission operating at the enterprise periodically conducts an inventory of documents. Based on the results of these checks, an act for the liquidation of expired securities is drawn up.

Procedure for calculating administrative leave

When calculating administrative leave, it is recommended to be guided by Article 121 of the Labor Code of the Russian Federation. The fact is that when calculating annual regular leave , the length of service that does not affect the amount and provision of leave does not affect only 14 days , which the employee decided to use at his own discretion by writing a statement about it. Administrative leave exceeding the 14-day amount specified by law will have an impact when calculating the next leave.

The calculation of the next vacation, as is already known, depends on the vacation without pay and can be made using the following formula:

Mo - the number of months that a person worked

Ku - the number of vacation days that will be provided to the employee

Ko - the number of planned vacation days, which are regulated by law

When calculating months worked, you can use the following formula:

* value is rounded to the nearest whole number

For example: a kindergarten teacher was on leave without pay for 34 days. The teacher's vacation is 42 days. How much vacation time can a teacher expect?

The calculation of the next leave is influenced by the part of the administrative leave exceeding 14 days, which in this case is 20 days.

So, it is necessary to calculate the number of months worked: Mo=222/22=10.09=10

Now we count the number of vacation days: 10/12 = Ku/42, Ku = 34.99 = 35 days

What depends on the duration of rest without pay?

The calculation of average earnings and length of service for calculating annual paid leave depends on the number of days off without saving a salary. This is due to the fact that, in accordance with Art. 121 of the Labor Code of the Russian Federation, more than 14 unpaid days off are not included in the length of service. The end of the working year is shifted by the number of days exceeded.

They are also excluded from:

• period for calculating average earnings;
• insurance period for granting a pension.

It is important to know that:

• it is impossible to provide days without maintaining a salary followed by dismissal;
• it is impossible to transfer days unused in the current year without saving the salary to other working periods;
• when an employee combines two or more categories for which different durations of leave are established without saving a salary, the number of days is provided to him according to the maximum duration of one of the categories.

Legislative acts regulating administrative leave

The documents regulating administrative leave are presented by the following legislative acts:

How to write and sample

Sample application
The application is written by the employee in free form. The document should contain the following points:

• Details of the organization (name, legal address);
• FULL NAME. and the position of the person authorized to make such a decision;
• FULL NAME. and the position of the employee who makes the application;
• The essence of the application: a request to provide leave without pay, listing the specific start and end dates of the release from work.

Note! It is better not to use the word “administrative” in the text of the document if it is not used in a local regulatory act. Since its meaning will not be completely clear.

• Legal basis if the right to receive such leave is guaranteed by law. For example, in connection with marriage registration. It is advisable to provide a link to a specific regulatory act. In the example given, this is Article 128 of the Labor Code of the Russian Federation;
• A list of applications, if any;
• Date, signature, surname and initials of the applicant.

The application must be accompanied by documents confirming the relevant status of the employee. For example, a certificate from the registry office where the marriage must be registered.

In large organizations, a procedure for approving an application may be established. The document is affixed by the immediate head of the unit and the relevant deputy director who oversees the activity of the unit. Officials indicate whether they have any objections to the absence of the employee during the period specified in the application.

All documents are submitted to the head of the organization through his secretary or clerk. It is advisable to have a 2nd copy of the application so that the employee who received it signs for acceptance. The applicant will then have written evidence that they have applied for unpaid leave.

Application for administrative leave without pay

At the initiative of the employer

From a legal point of view, there is no such concept, therefore the phenomenon in which an employer forces people to go on administrative leave is illegal. This is usually done by unscrupulous representatives of company management bodies who want to save money during a difficult economic situation. For example, a plant is operating at only half capacity, so a decision is made not to lay off workers, but simply to send them on long leave, so as not to pay any benefits.

In fact, the only legal option in this case is to place all employees on idle mode. At the same time, the job is retained, as well as the monthly salary, which is at least 2/3 of the base salary.

NOTE. If you are forced to take leave, you must immediately contact the labor inspectorate. In such situations, the employer is fined (from 30 to 50,000 rubles for a legal entity and from 1 to 5,000 rubles for the employee who made such a decision).

What is administrative leave or personal leave?

Labor legislation distinguishes between several types of leave. They can be divided into paid and unpaid. Unpaid ones are provided at the own expense of the applicant, that is, the employee. Article 128 of the Labor Code of the Russian Federation regulates the procedure for granting such leaves.

According to this legal norm, as well as by-laws, the following are provided:

• categories of employees who are guaranteed an absolute right to receive this type of leave;
• grounds for providing it for good reason;
• cases when administrative leave is subject to mandatory provision.

Current legislation provides the right to initiate the issue of granting such leave only to an employee. The administration and employer do not have the right to send employees on unpaid leave on their own initiative.

Maximum term

Specific terms are negotiated with the employer individually , but there is also a maximum time for which an employee can be released. All calculations are made in calendar days.

1. Any subordinate who gets married, has a child, or needs to attend the funeral of a close relative may be allowed a maximum of 5 days for each of the above reasons.
2. An employee with an officially confirmed disability has the right to a 2-month break from work per year.
3. A pensioner who continues to work on his own initiative and does not have aggravating health conditions can rest for 2 weeks.
4. A person who is a close relative of a deceased service member is also entitled to 2 unpaid weeks.
5. Participants of the Great Patriotic War who continue to work may not go to work in connection with the Joint Stock Company for a maximum of 35 days a year.
6. An employee who needs to take entrance exams to a higher educational institution has the right to a break of 15 days for this period.
7. The same amount of time (15 days) can be taken in connection with the need to pass final exams.
8. Students who combine full-time study with work can take unpaid leave for the session - also 15 days; for writing a thesis, defending it, and passing the state final certification - 4 months with retention of position for the entire period of time; for passing state exams – 1 month.
9. Shorter terms are granted to employees studying full-time in vocational schools. For a session – 10 days, for a diploma and final certification – 2 months, for final exams – 1 month.

In all of the above cases, the employer does not have the right to refuse to grant administrative leave if the employee has not yet exercised such a right in the current year for a specific reason.

When other reasons are specified, the maximum period of an unpaid break from work is limited solely by personal agreements between the subordinate and the employer . However, seniority plays a role. If during the working year an employee enjoyed the right to administrative leave, the period of which exceeded 2 weeks , the missed working time will not count towards the length of service . And the latter provides the basis for receiving basic leave and a pension.

A simple example: a person officially got a job. The employee will be credited with 28 full days of basic leave.

Now let’s consider a situation where an employee took a joint stock company during the period, for example, from to. At the end of the working year, his length of service will be not 12 months, but 11 . Based on data on a long break from work, a new number of required rest days is calculated. In the case of a missed month of work, 14 days are officially considered as length of service, but the rest are not. Paid time off will be reduced to approximately 25 days.

https://youtu.be/l03n27JVyzQ

Application deadlines

The law and by-laws regulating labor activities do not stipulate how many days in advance an application for leave at one’s own expense should be submitted, therefore each employer regulates this issue by its own local act, issuing an appropriate order or including an appropriate explanation in the internal labor regulations.

Individual employers regulate this in their collective agreement.

As practice shows, the application is usually submitted one or two days before the start of the vacation. However, such a short period does not always suit the employer, especially if the vacationer needs to find a replacement for a while, so a period of one week would be optimal.

Watch the video. Vacation at your own expense (administrative):