How to write an application for leave for family reasons?

Author of the article: Anastasia Ivanova Last modified: January 2020 4205

Labor legislation provides for various situations that arise during the conclusion, operation and termination of labor relations. Termination of a contract can occur for various reasons. One of them may be certain circumstances in the family. In this article, we will look in detail at how to quit your job for family reasons.

Grounds for termination of an employment agreement

Termination of employment agreements is provided for in Art. , 80, 81 of the Labor Code of the Russian Federation, but they do not establish the basis “for family reasons”. The reasons may be different situations. But they are all divided into certain groups. For example, you can terminate your employment relationship by:

• Initiative of the head of the company. But his desire alone is not enough. All grounds are clearly defined by Art. 81 of the Labor Code of the Russian Federation and this is possible only if the requirements of labor law and dismissal rules are met;
• At the request of the employee;
• By agreement between the parties, which contains contractual terms, termination of their mutual obligations;
• Due to the occurrence of circumstances beyond the control of the employee and the head of the organization. For example, expiration of the employment relationship, transfer of an employee to another company, etc.

Legal regulation

Labor legislation does not establish grounds for termination of a contract due to special family circumstances. But the employee has the right to resign at his own request by writing a corresponding statement. It will require stating the reasons for the decision, why he decided to leave his job, or simply declare his intention to quit for family reasons.

The concept of “family circumstances”

The concept of family circumstances is quite vague and is not interpreted by law. There are many situations that can be included here, but generally they all relate to the employee taking initiative. But there are those that are still provided for by the articles of the Labor Code and new amendments and allow the working person to receive some privileges.

Expert commentary

Kamensky Yuri

Lawyer

An employee has the right to resign at his own request and does not have to explain the reasons for such a decision to the head of the organization. He must notify the administration of this two weeks before the planned date. But there are situations when you can leave without a set working period.

Time limits for family leave

In Art. 128 of the Labor Code of the Russian Federation states that if an employee wishes to use leave precisely because of the birth or death of a loved one or in connection with his own wedding, then the employer is obliged to provide him with up to 5 calendar days. If the parties agree among themselves, the vacation may be longer. That is, an employee can take either 1 or 5 days. He must indicate the duration of the vacation in the application.

There are other categories of employees who can take leave without pay at any time convenient for them, and the employer has no right to refuse them:

• Working pensioners can count on 14 additional unpaid days per year if they are granted an old-age pension;
• family members of military personnel who were injured in service or died in the performance of their duties can count on 14 additional unpaid days per year;
• Working disabled people can count on 60 additional unpaid days per year;
• Parents who have children under 3 years of age are provided with time off by agreement with management.

Dismissal without work

Article 80 of the Labor Code of the Russian Federation establishes situations when you can quit without working the required two-week period. They are:

• Reorganization of the company and transfer of an employee to a new place of work and his relocation;
• Relocation of a spouse to carry out work activities in another locality;
• Illness of a close relative/child while caring for him/her. Not only parents, but also grandparents and other close relatives have the right to do this. The administration of the enterprise may require confirmation of such relationship.

Important! It is established by law that the presence of these circumstances allows a person to quit without working for the required period. In other cases, the employer may refuse and require you to work for a regulated period of 14 days. But if the situation is really very difficult, then you can discuss this with the manager by providing him with supporting documentation. Mostly, managers allow you to quit immediately.

In any case, having made a decision, the person must draw up a statement of planned care. It is drawn up in general terms, but if you want to resign early, you must provide a compelling reason for this. For example, you need to specify:

• Request for release from the obligation to work for another two weeks;
• The seriousness of the reason for the hasty termination of the contract. If there is evidence, it must be submitted with the application. For example, an extract from the relevant medical card of a patient, including a child;
• Availability of confirmation of the specified circumstances. Specify that specific documents are attached and list the number of copies.

If the manager is not against letting a person go without the necessary work for the established period, then there is no need to indicate the importance of urgent dismissal.
You can simply draw up an agreement between the head of the organization and the employee and add a clause to it. The document is prepared in writing in two copies and signed by the participants in the labor relations. One of them is transferred to the resigning person, the other is kept in the organization.

Documents to confirm reasons for leave

If there is a reason for granting leave, prescribed in Art. 128 of the Labor Code of the Russian Federation, it is not necessary to submit any supporting documents. It is enough to write an application addressed to the employer. It must indicate the reason why the employee needs such rest, as well as the period. For example, the application may contain the following wording: “I ask you to grant me leave without pay for the period from 05/10/2016 to 05/15/2016 for 6 calendar days due to the death of a relative.”

In addition, certificates confirming birth, marriage or death are issued some time after the event. Therefore, when an employee writes an application for a few days of rest at his own expense, he is physically unable to attach a supporting document to the application.

To avoid misunderstandings, he can bring a copy of the document later, and it will be filed in the employee’s personal file.

In Art. 128 of the Labor Code F states that days at his own expense are provided to the employee after agreement with management. Therefore, the application must contain the visa of the head of the structural unit. This will mean that the employee will rest with his consent, and this will not affect the labor process in any way.

But the employer has the right to demand supporting documents. These include:

• certificates from medical institutions stating that a close relative requires additional care. If the employee and the sick relative have different surnames, then confirmation of the relationship may be required;
• copies of marriage, birth or death certificates;
• a copy of the telegram about the death of a close relative;
• a certificate from the registry office stating that a wedding has been scheduled for a certain date and time;
• a certificate from the medical office of the school or kindergarten stating that the institution/class/group is closed for quarantine;
• a certificate from the university stating that interim or final certification falls during this period;
• other documents that can confirm the need for the employee to be absent from the workplace for several days.

The procedure for dismissing a military personnel

The military is a certain category of citizens whose labor activity is regulated not only by the norms of the Labor Code of the Russian Federation, but also by the provisions of Federal Law No. 53 of March 28, 1998. “On military duty and military service.

Thus, Article 51 of the law establishes that the dismissal of a military personnel for family reasons is possible only when:

1. There is a relative in his family who cannot live in this place due to the existing climate. This circumstance must be confirmed by a medical report. In addition, he does not have the opportunity to transfer to another work location with suitable climatic conditions and move his entire family.
2. If a military spouse also serves in the Armed Forces and is transferred to another place of service, which is associated with the importance of moving the family to another locality.
3. The need to care for a close relative who has suffered a serious illness. This circumstance must be confirmed by the findings of a medical and social commission conducted at the place of residence of the persons.
4. Raising a minor child left with one parent.

The same rule provides grounds for premature termination of a contract concluded for service. They are:

• A gross violation by the military of the terms of the contract, committed systematically;
• Deterioration of a person’s health, confirmed by a medical commission’s conclusion on limited fitness or complete unfitness for military service;
• Due to current family circumstances;
• Due to the vesting of an employee with the powers of a higher position or his election as a deputy of the State Duma of the Russian Federation.

Expert commentary

Leonov Victor

Lawyer

The military man will need to write a corresponding report on early termination of the contract if there are good reasons. These are circumstances that do not allow him to fully perform his job duties and comply with contractual terms.

The list of grounds is exhaustive and does not provide for others. When signing documentation for the dismissal of a serviceman serving under a contract, the command must make reference to Art. 51 FZ-53.

Early termination of military service is possible if:

• The presence of a close relative of a serviceman who died while performing duties or undergoing training, or who was injured or mutilated, which led to his death;
• His appointment as a guardian or trustee of a minor brother/sister;
• The need for constant care for a sick family member;
• The presence of minor children in the absence of a second parent;
• The appearance of two or more children in a family. Dismissal occurs when the wife gives birth during military service. In this case, birth certificates of the babies will be required;
• The presence in the family of a disabled minor who is under 3 years old.

Events Quarter

Among other things, according to the instructions of the Plenum of the Supreme Court of the Russian Federation in the Resolution of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, valid reasons for absence from work include involvement in public or state duties as a juror, member of an election commission, etc. .d.

• serial number of 3 digits;
• date of issue;
• Patient's name and date of birth;
• name of the educational institution;
• three seals (medical institution, for sick leave, personal seal of the doctor);
• signature of the attending physician.

Dismissal procedure

Termination of a contract due to family circumstances is carried out in accordance with the general procedure. In such a situation, you need to follow the standard scheme:

1. The employee submits an application or signs an agreement with the head of the company.
2. Formation of a dismissal order, familiarization with it to the employee and transmission to the structural units involved in the process.
3. If necessary, work out the established two-week period.
4. On the last working day, the employee is given the required payments, work book and other documentation that may be needed for subsequent employment.

Legal forum

reasons for family circumstances?! For example: Interested in advanced training. (such and such) that, when transferred to this position, will allow me to qualitatively prepare for entering college (courses.) in my specialty. Another question: If the positions are equivalent, then why transfer? This means there is a reason why you are striving for this place, so indicate it. (being in this position will fully reveal my capabilities and allow me to serve Russia with all my dedication

If you were transferred to another locality, this could be motivated by family circumstances, but a transfer within one unit to an equivalent position cannot be explained by family circumstances. When I was a boss, this could be motivated as follows: “transfer to an equivalent position with a smaller amount of work.”

Resignation form

Regardless of the basis for the decision, the employee must prepare a written statement. There is no legally established form, but it must comply with the requirements of official records management and contain the following information:

• Information about the employer, the position of the authorized person making decisions on the dismissal of personnel, his full name;
• Information about the employee, his position, structural unit, full name, contacts;
• The essence of the appeal, the request to dismiss without working, the grounds, the desired date for termination of work;
• Date of application, signature and its transcript.

At the end, you can indicate the attached evidence of the reasons for the early termination of the contract indicated in the application. Possible reference to Art. 80 Labor Code of the Russian Federation.

Care at the initiative of the employee (according to the Labor Code of the Russian Federation, but without 2 weeks)

You can resign immediately and completely regardless of family circumstances:

• if, when applying for a job, you include in the contract a clause about the possibility of terminating the relationship on one day
• During the work process, it becomes clear that the contract is not being respected and the civil rights of employees are being violated
• upon successful completion of university
• if the company goes into liquidation
• staff reductions are taking place
• and also if you constantly violate the contract yourself.

The following are recognized as sufficiently valid reasons:

• moving, even within the city, if getting there is completely inconvenient
• going abroad
• caring for a disabled child (until he is 19 years old)
• providing assistance to a spouse or relative who has a newborn if she is sick and unable to fully care for the baby
• also for looking after a grandson, for example, if he starts studying at school.

For these reasons, dismissal without work is possible; other options will most likely lead to the need to stay at work for another two weeks.

What payments are provided?

If the contract is terminated at the request of the employee, then standard payments are made to him, including:

• Earnings for the period of time worked;
• Compensation for days of unused vacation.

It should be noted that when resigning for family reasons, provided for by the norms of the Labor Code of the Russian Federation and other federal regulations. The employee has the right not to work the established period, but does not receive additional privileges. Therefore, the amount of money will not differ from payments issued upon termination of the contract at the initiative of the employee. Additional amounts may be provided for by the enterprise’s collective agreement or its local act.

Denial of leave

The reason why an employee asks his employer to provide him with several days of rest at his own expense is stated either in the Labor Code of the Russian Federation or in a local regulation, then the employer does not have the right to refuse leave. If such a situation occurs and the employer does not approve the application, then the employee must act as follows:

• submit an application for unpaid leave officially, that is, through the secretary, with registration as an incoming document. In general, it is recommended to do this, but many neglect this responsibility and registration of personnel documents occurs retroactively;
• wait for a written refusal from your superiors;
• write a complaint to the labor inspectorate, attaching a copy of your application and a copy of the refusal. The complaint must state the requirement to conduct an audit of the maintenance of personnel documents and compliance with labor laws;
• wait for the test results.

Before writing complaints to higher authorities, you must contact management orally and provide references to the norms of current labor legislation. You also need to voice your right to appeal to the labor inspectorate, the prosecutor's office or the court. As a rule, after verbal communication, the employer becomes more accommodating, and the employee receives his several days of unpaid leave.

If leave at one’s own expense is taken out for reasons not specified either in the Labor Code of the Russian Federation or in local regulations, then the employer has the right to refuse his employee.

Is it possible to change my mind

According to Part 4 of Article 80 of the Labor Code, you have the right to withdraw your application at any time before the expiration of the notice of dismissal. As a general rule - until 24 hours on the 14th day.

If you took a leave of absence followed by dismissal, you can withdraw your application before the start of the leave.

The application form is not specified. But you can simply pick it up from the HR department, you can make a corresponding note on the original document, or you can draw up a new one.

You can withdraw the application even if an order for your dismissal has already been drawn up and an entry has been made in the work book. But there is one “but”.

If another employee who cannot be refused employment (for example, by way of transfer) is invited to take your place in writing, you will not be able to withdraw your resignation letter.

Is it necessary to work for two weeks?

But this is again a general rule. According to Part 2 of Article 80 of the Labor Code of the Russian Federation, it is possible to separate before the expiration of a two-week period by mutual agreement of the parties. If the manager does not mind, dismissal can be formalized even on the day the application is submitted.

The law also specifies cases when the employer is obliged to terminate the contract within the period specified in the application. For example:

• Enrolling an employee in an educational institution.
• Retirement.
• Violation of labor legislation by the employer (it must be officially recorded by the labor inspectorate, court or labor dispute commission).