Leave due to marriage labor code 2020

Who is entitled to additional leave related to marriage?

Sample application for leave

Is it possible to go on “wedding” leave without waiting for the manager’s consent: judicial practice

How long is the additional leave for a wedding?

Under what circumstances is “wedding” leave paid?

Is it possible to give an employee three days off instead of five?

Financial assistance for employees getting married

Leave due to marriage during the probationary period

Who is entitled to additional leave related to marriage?

Marriage is regulated by the Family Code. According to Art. 11 of the RF IC, this procedure is carried out within a month after the submission of an application to the registry office by persons entering into marriage, in their obligatory presence.

The labor legislation of the Russian Federation provides the employee with the right to rest guaranteed by the Constitution, which is implemented, among other things, in the form of leave for family circumstances and other valid reasons. These also include additional leave in connection with marriage, which is provided without pay (Article 128 of the Labor Code of the Russian Federation). Only persons entering into marriage are entitled to it. Witnesses, parents and other guests of the newlyweds do not belong to such subjects. They can take time off simply for a good reason.

In practice, a collective agreement or local regulations of an enterprise may provide for days off in connection with the marriage of children. Such a provision must necessarily be agreed upon taking into account the opinion of the trade union. It is determined separately whether such leave is paid or not.

A social guarantee when providing any type of leave, including unpaid leave, is the retention of the employee’s place of work and position for the period of leave. This type of vacation does not depend on the employee’s length of service or other vacations.

Taking leave due to marriage does not deprive the employee of the right to other types of leave without pay.

Probation period and other circumstances

Such rest days can only be provided to workers with whom employment contracts have been concluded, since the Labor Code applies only to such legal relations.

And if the marriage takes place when one of the future spouses is undergoing a probationary period at a new job {q} Leave for the wedding must be granted, since Article 128 does not provide for exceptions. That is, whatever the contract and the conditions in it (fixed-term, for seasonal work, on a flexible schedule, shift work), the employee has the unconditional right to receive days off for the wedding. However, it is worth considering that such rest is not included in the probationary period and in the calculation of remuneration.

There are no clear deadlines for submitting an application document. You can serve it immediately before the upcoming event. But since, in most cases, a wedding is a planned event, it is better to notify the employer about it in advance.

As noted earlier, taking time off from work during the wedding period is an unpaid type of time off. No salary is accrued for this period. Could it be different{q} Yes, payment can be accrued for wedding breaks if a collective labor agreement or other local regulation allows this.

The second option for receiving payment for the period of the wedding celebration is to register the period as a basic vacation. If your schedule and work period allow, you can take a break in the standard way while preserving your earnings. In this case, the standard accrual option is used (we multiply the average daily earnings by the number of days of rest) and get the amount to be paid.

According to the law, an employee is entitled to 5 days upon request. If a person made a corresponding request, but was refused, then he must understand how to protect his interests. The procedure in this case:

1. Prepare a written application format. Compiled in any form.
2. Submitting a certificate from the registry office at the place of work about the upcoming celebration.
3. Receive a refusal form.
4. File a complaint with the labor inspectorate or file a claim in court.

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Sample application for leave

In Part 2 of Art. 128 of the Labor Code of the Russian Federation directly states that the employer is obliged, on the basis of a written application from the employee, to provide leave without pay when registering a marriage.

Since providing leave in connection with a wedding is the direct responsibility of the employer, the employee must document his right to such leave. As a rule, the application is accompanied by a copy of a certificate from the registry office confirming the appointment of marriage registration, and then, at the request of the manager, a copy of the marriage certificate.

Sample application for leave due to marriage:

To the Director of Radon LLC

You can find more complete information on the topic in ConsultantPlus. Full and free access to the system for 2 days.

Nikolaev P. N.

manager

Ryabtsev Alexander Sergeevich

Statement

I ask you to grant me leave without pay from __ __ ____ to __ __ ____ (five calendar days) in connection with the registration of marriage.

Attachment: copy of the certificate from the Civil Registry Office No. 126 dated __ __ ____.

Date Signature

The employee has the right to submit an application at any time before the start of the intended vacation - a week, 3 days or a day. The law does not establish any restrictions in this regard.

After considering such a written request, the organization issues an order (instruction) to grant leave to the employee. The use of order form No. T-6 is advisory in nature. Information about such leave will be reflected in the employee’s personal card (T-2), personal account and time sheet.

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Internal documents of the enterprise

The Labor Code of the Russian Federation limits the duration and conditions for granting leave for a wedding. But each enterprise or organization has its own regulations, according to which days off for weddings are provided on more favorable terms for employees.

Such documents include:

• Collective agreement between the employer and all working employees;
• Regulations on the procedure for remuneration;
• An individual agreement between an employee and an employer when applying for a job.

The Collective Agreement may contain a clause on the provision of an additional vacation period, including with its payment, for a number of reasons, which may reflect the following reasons:

• registration of your own marriage;
• marriage of close relatives, for example children;
• father at the birth of his own child.

Leave for family reasons, including weddings, may also be based on industry regulations, if the enterprise belongs to a certain industry, as well as regulations issued by local authorities.

Is it possible to go on “wedding” leave without waiting for the manager’s consent: judicial practice

Formally, an employee can go on leave due to a wedding without waiting for the manager to sign the application. In this case, the court is on the employee’s side.

As an example, let us cite the appeal ruling in case No. 33-7790 of the Kemerovo Regional Court dated August 17, 2012. Citizen R. sent to the head of the organization with which he has an employment relationship an application for leave at his own expense to register a marriage. This appeal was not signed, and the employee went on vacation on his own. The organization subsequently fired him for absenteeism. The court reinstated the employee at work and ordered him to pay compensation for the period of forced absence. The justification states that in this case the employee’s statement was sufficient. The manager had to sign this appeal due to the fact that this is his responsibility.

The same opinion was voiced in paragraph 39 of the resolution of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” dated March 17, 2004 No. 2.

Extension of wedding days

According to the Labor Code of the Russian Federation, an employee, in agreement with the employer, may be granted unpaid leave for personal reasons of any duration. Therefore, if an employee getting married requires a longer absence from work in connection with the wedding than the five-day period established by law, and he can agree with the employer on its duration, then the wedding vacation can be extended.

The duration of vacation in agreement with management is not regulated by law; there is no exact vacation period, which is the maximum to keep your job. The employer always proceeds from the interests of the enterprise, so an unlimited amount of vacation for an employee is not beneficial to him. Therefore, each case is individual and requires a separate solution. An employee can, for example, be asked to extend vacation for time previously worked beyond the norm by taking time off, or agree to work after vacation when returning to work.

Marriage is an important event in the life of any person. The legislator obliges the employer to provide the employee with leave in connection with this special event. However, only the newlyweds themselves, and not their parents or guests, will be able to receive days off.

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Obligations to provide leave are specified in Art. 128 Labor Code of the Russian Federation. It should be immediately noted that these days of rest are not paid. The exception is when the employer himself decides to maintain the average salary for the employee for a given period.

How long is the additional leave for a wedding?

Part 2 art. 128 of the Labor Code of the Russian Federation specifies that the maximum period provided for wedding leave is 5 days.

It doesn’t matter when the employee decided to take these days off: before or after the marriage registration. The Labor Code does not regulate this issue. Everything is decided on an individual basis. You can take, for example, 2 days before the event, 1 for the ceremony and 2 days after.

But what should you do if an employee applies for such days off only a month after the ceremony? The legislator does not directly regulate this issue, however, based on the wording of Part 2 of Art. 128 of the Labor Code of the Russian Federation, which states that vacation at one’s own expense is provided specifically in the case of marriage registration, we can conclude that this type of vacation is targeted. That is, the vacation period must cover the wedding date. And since the Labor Code does not provide for the possibility of dividing such leave into parts, it is obvious that it cannot be taken later than 5 days after the wedding.

However, these circumstances do not deprive the employee of the opportunity, in agreement with management, to take leave without pay for a longer period and without connection with a marriage. By agreement of the parties, these days of rest may be added to annual paid or other type of leave.

Leave due to a wedding under the Labor Code

Based on the Labor Code (128 Labor Code of the Russian Federation), employees must be granted leave in connection with marriage. The duration of such leave is 5 calendar days; the employee is not paid a salary for these days. That is, the employee has the right to take advantage of the rest required by labor legislation at his own expense, but for no more than 5 days. To complete it, the employee must write an application. The deadline for filing an application is not established by law. The employee can bring it in advance, or maybe on the eve of the wedding. Such leave is provided regardless of how long the employee has worked for the employer. On the employee’s application, the employer affixes a visa indicating his consent. But this is more of a formality, since the employer has no right not to provide leave for a wedding. Even if the employee’s vacation is not approved, his absence cannot be counted as absenteeism. In addition, it is also prohibited to limit an employee in the number of days of rest.

Under what circumstances is “wedding” leave paid?

Additional leave in connection with marriage is not paid in accordance with the above labor legislation. This time the employee rests at his own expense.

However, an employee who gets married can count on paying additional days off if there is a corresponding provision in the collective agreement, vacation regulations or other local regulations of the employing organization.

For example, in this form (sample fragment of a collective agreement):

COLLECTIVE AGREEMENT

Limited Liability Company "Radon"

8.3. The employer has the right to provide employees with additional paid leave in the following cases:

a) own marriage registration - 3 working days;

b) children’s weddings – 2 working days.

In addition, the same agreement may also provide for the provision of benefits and compensation, for example, the payment of one-time financial assistance to employees who are getting married.

The procedure for calculating vacation pay for additional leave is the same as for annual leave:

1. Calculation of total income for the year: all accruals for wages, including sick leave and business trips.
2. Determining the total number of days worked during the year. The average calculated for today is 29.3.
3. The average salary for one day is calculated: the final income is divided by the calendar days that were worked.
4. Total amount = average earnings × number of days of additional leave.

For example, an employee worked fully for the 12 months preceding the vacation. The salary is 20,000 rubles. The head of the organization signed an application for payment of 5 days of leave in connection with the wedding. The calculation is as follows: 20,000 / 29.3 × 5 = 3,413 rubles.

Also in this case, all the rules for calculating vacation pay apply:

1) payment is made 3 days before the start of the vacation;

2) personal income tax and insurance premiums are withheld and transferred to the budget;

3) the counting of days includes weekends excluding holidays.

Important! The length of service for calculating annual paid leave includes only 14 days of free leave (for any reason). The rest of the days - no (Article 121 of the Labor Code of the Russian Federation).

Paid or not?

Leave granted due to marriage is unpaid. Despite this, there are several important nuances. Firstly, the employer may consider it necessary to pay for the company employee’s time off.

Secondly, the collective agreement of an enterprise often contains a clause on the provision of certain payments in the event of marriage. In such a situation, the company's accounting department must carry out appropriate calculation actions.

The process of paying for leave due to marriage, if provided for in the contract, occurs as follows:

1. Initially, the accountant must summarize all income received by an employee of the enterprise during the calendar year. Sick leave and vacation pay are not taken into account. They are not part of the employee's salary;
2. The accountant needs to pay attention to whether a company employee had any salary increases in the last calendar year. If they were, the income must be multiplied by the appropriate coefficient;
3. Next, you need to calculate the number of days that were fully worked by the company employee requesting leave due to the wedding ceremony;
4. At the end, the employee’s annual income must be divided by the number of days he worked. The resulting number should be multiplied by the duration of the leave provided.

Compensation is made in one payment in full. It must be done no later than 3 days before the expected vacation days due to marriage.

Expert opinion

Irina Vasilyeva

Civil law expert

Issuing money after a wedding is a violation of the law. A company employee has every right to request financial assistance in advance.

Financial assistance for employees getting married

A person who gets married can also count on receiving financial assistance, if provided for by a collective agreement or other internal document of the employer. An employee can apply to their manager for financial assistance. If signed by officials, a corresponding order is issued.

The form of the order is not fixed by law; if necessary, you can use the following example:

RADON LLC

Order

on providing financial assistance

Moscow __ __ ____ year

I order to provide financial assistance to manager Alexander Sergeevich Ryabtsev in connection with the wedding in the amount of 5,000 rubles.

Director (signature) Nikolaev P. N.

Leave due to marriage during the probationary period

A probationary period is a period during which all norms and provisions of labor legislation apply. A person is also guaranteed the right to unpaid leave in connection with a wedding or for other valid reasons. Rostrud, in a letter “On the absence of grounds for inclusion in the probationary period...” dated April 25, 2011 No. 1081-6-1, explained that in such a situation the probationary period is interrupted and resumed after time off.

Despite the fact that labor legislation limits an employee’s ability to provide the number of days of vacation and its payment, local regulations may provide additional benefits.

Even more materials on the topic in the section: “Vacation”.

How many days off are given?

Time off granted due to marriage, in accordance with the norms of the Labor Code of the Russian Federation, cannot be longer than 5 days. Thus, an employee of a company or enterprise can count on this particular period of time intended to celebrate such an important event in his life.

It is worth paying attention to the fact that time off for 5 days only applies to work shifts . Weekends that may interrupt it are not counted as vacation.

Providing 5 days of leave is carried out only on the basis of a corresponding written application from an employee of the company or enterprise. He may require a shorter period of leave if he so desires.

When a company's collective bargaining agreement includes a continuation of time off clause, a company employee can take advantage of it by requesting a longer period of time to be allowed to celebrate. Thus, before requesting a certain number of days off due to a marriage, you need to pay attention to a document such as the company’s Regulations on Remuneration.

As a rule, it contains information about the duration or features of the provision of leave. In addition, this regulatory legal act must contain information about the specifics of registering time off and the possibility of paying for it at the expense of the employer.

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