How to apply for leave on account of a future period?

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Published: 05/09/2017

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Typically, organizations have a schedule of regular paid vacations, which is approved at least two weeks before the start of the calendar year and must be followed by all employees.

If an employee urgently needs a day off or several, and the time for his turn has not yet come, it is possible to take rest days towards future vacation. To do this you need to write an application.

• Sample application
• Features of document preparation
• Application for one day

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Preemptive right to receive rest on account of a future period

This benefit is available to certain categories of citizens:

• pregnant women (immediately before or after maternity leave);
• employees who have adopted a child (children) under three months of age;
• parents (guardians) raising two or more young children;
• minor workers under 18 years of age.

Need to know! The employer is not required to give permission for vacation in advance!
Other cases established by law, which include:

• the employer is obliged to provide leave at the expense of the next spouse (if an application has been received from him), while the wife is on maternity leave. In this case, the period of continuous work at a given place does not matter;
• For citizens who combine several jobs at the same time (part-time workers), annual paid days of rest are issued at the same time as the leave granted at the main place of work, according to the submitted application. If a part-time worker has not worked the required six months, the vacation is provided in advance.

To do this, the employee submits an application addressed to the manager, where he states his request, the reason and the desired duration. If the employer considers it possible to satisfy the request, by his order, a corresponding order , which the employee will familiarize himself with under signature. Vacation pay is calculated in accordance with the average earnings for the time actually worked. The registration is carried out by an accountant or the HR department of the enterprise, guided by the current rules and regulations. Regulatory issues regarding the possibility of providing vacations at one’s own expense (for a future period or days not taken off) are reflected in the regulations of the enterprise or the collective agreement.

Sample application for leave on account of the next leave:

How to write a statement correctly

An application for leave for 1 day on account of vacation does not have a unified form. The addressee is the head of the organization. If the employee has an important reason for taking leave, it should be indicated. You can attach copies of supporting documents.

Based on the application signed by the manager, a corresponding order is issued, which is then transferred to the accounting department. No later than 3 days before the vacation date, the employee must receive vacation pay, so an application for one day of vacation must be submitted in advance.

The document has the following structure:

• A cap. It is necessary to indicate the position and full name. leader, name of the organization. After this, you should write down the position, surname and initials of the applicant.
• The title of the document is “Application”.
• The main part of the document - here they usually indicate a polite and concise request for paid leave, a specific date and reason.
• Below is the date of the document and the signature of the applicant.
• After this, you need to list the attached documents (if any).

The application is submitted directly to the manager or the HR department. The employee must understand that without prior agreement with the employer and his approval of the leave order, it is impossible not to go to work without permission.

https://youtu.be/mx8jHC-xyYg

Dismissal before deadline

If an employee is dismissed before the end of the working year with vacation granted in advance, a debt is accrued for the period not worked, which is written off from earnings . No deduction is made if:

• the employee resigns for medical reasons, refusing to be transferred to another position;
• the employer does not have an appropriate vacancy to transfer an employee to another workplace due to a medical prescription;
• staff is being reduced;
• the head of the enterprise, his deputy or chief accountant resigns due to a change of owner;
• during military conscription;
• upon reinstatement, in accordance with a court decision, of an employee in his previous position with the same salary;
• if the employee is recognized as unable to perform the labor duties specified in the contract due to medical contraindications;
• in the event of the death of a citizen, or the court recognizes him as dead or missing;
• in emergency situations that limit or completely prevent the continuation of production activities.

How to book a vacation in advance in 2017

The procedure for preparing documents for advance leave is practically no different from registering a standard leave. The main difference here is the text of the statement, which is written by the employee. If, when going on regular leave, an employee refers in an application to a schedule drawn up in advance and approved by management, then when writing an application for leave in advance, it is necessary to indicate the reason why such a need arose.

Next, the employer studies the application and finds out whether the employee really needs the leave. After the boss’s consent is received, representatives of the HR department prepare an order to grant the employee leave, as well as payment for it. The employee goes through the procedure of familiarizing himself with the order and receives his due vacation pay.

It is necessary to take into account the fact that an employee who has worked for an organization for less than six months does not have the right to demand leave in advance (with the exception of certain categories of citizens mentioned above). But if necessary, he can reach an agreement on this issue with his supervisor.

Very often, management makes concessions and allows newly hired employees to take vacation for unworked time. Although the solution to this problem is purely individual, since not all managers take such a step and do not risk later being faced with the problem of returning leave issued in advance.

Thus, if the boss agreed to receive leave in advance, the employee needs to draw up the application correctly. A typical sample looks something like this:

Please provide me with another paid leave in the period from 01/10/2017 to 01/30/2017

12/25/2016 LLC Sales Department Manager ——- Petrov A.A.

The head of the enterprise must write arbitrary resolutions on this application, for example, “include in the order” or “include in the case.”

How to apply for future annual leave?

Vacations are provided at any time of the year according to the approved schedule for all employees, including managers. When drawing up the order, the seasonality of the previous holiday and the wishes of the workers are taken into account. The finished document is presented upon signature.

Information! By mutual agreement, annual leave can be divided into parts, any of which is at least 14 calendar days.

Vacation pay three days before the start of the vacation . By mutual agreement of the parties, vacation can be postponed to other dates if accruals are made untimely, or the employee is not notified about its start in time (less than 2 weeks).

How is time off paid for vacation?

Payment for time off taken as part of the main or additional vacation is made in accordance with the Labor Code of the Russian Federation according to the same principles:

1. The amount of payments made over the last 12 months is determined. This period excludes the time during which the employee maintained average earnings, as well as receiving maternity benefits or sick leave, going on strike at the enterprise, additional days to care for a disabled child, days of release from work on the initiative of the manager.
2. The resulting average annual earnings are divided by 12 months and by the average number of days in a month - 29.3;
3. Money is paid 3 days before the leave after personal income tax and insurance premiums are withheld.

Let's look at a practical example:

The man needed time off on June 29, he decided to apply for it as a vacation. To do this, on the 20th he contacted his employer. The application was signed. When calculating payments, the accountant determined that over the last 12 months the employee earned 500,000 rubles from the company. 500,000/12 = 41,666.67 rubles. – average monthly salary.

41,666.67/29.3 = 1,422.07 rubles. – average earnings per day. Income tax and contributions must be withheld from this amount, and the balance is transferred to the employee’s bank card.

Alternative

If it was not possible to reach an agreement with management, there is a legal alternative to receive vacation in advance , albeit without pay . The required duration is agreed upon in advance; the following can be counted on:

• WWII participants – up to 35 days a year;
• working disabled people – up to 60 days;
• working pensioners – up to 14 days;
• parents or spouses of military personnel who died as a result of injuries received in the line of duty - up to 14 days;
• those who received illnesses (injuries) during military service - up to 14 days;
• workers for the birth of a child (children), registration of their/children’s marriage, death of immediate family – up to 5 days;
• for other valid reasons and for family reasons (the period of provision is at the discretion of management).

Sample application for additional days at your own expense without pay:

Sample with payment

The cap is filled in in the right corner. It is required in a standard form. The form itself begins with the words “please provide.” The following lists the number of calendar days and dating. There must be a signature and date of writing.

Every year, employees must be provided with paid leave while maintaining their place of work and average earnings. Vacations are provided to employees during the year in accordance with the procedure established by the vacation schedule. Let us remind you that such a schedule must be developed no later than 2 weeks before the start of the calendar year (Part 1 of Article 123 of the Labor Code of the Russian Federation). The vacation schedule approved by the employer is mandatory both for the employer and for his employees (Part 2 of Article 123 of the Labor Code of the Russian Federation).

Does this mean that an employee cannot take, for example, one day off as part of his vacation? And if this is allowed, how to write an application for days off on account of vacation?

Grounds for short-term leave

Leave is provided to the employee in accordance with the schedule. If part of the vacation is approved in the schedule in the amount of 1 day, the employee does not have to apply for it. The procedure follows the standard procedure:

• Notifying the employee about vacation included in the schedule.
• Issuance of an order indicating the reason for the person’s absence and the number of days of vacation.
• Familiarization of the employee with the order.
• Making payments to an employee.

Vacation schedules usually do not contain parts lasting 1 day and the employee must agree to postpone the period. Agreement with the manager is carried out based on the employee’s application. In most cases, the need for one-day leave is dictated by good reason. In an application to postpone 1 day, general information about the reason is allowed.

Legislative aspect of the issue

In fact, this includes the rest time provided to the employee before the end of the working year.

The advance approach only applies to annual paid leave. For all other periods, timeliness must be observed.

In accordance with current legislation, employees are given basic and additional periods of release from work duties. The first time you can apply for a vacation is after 6 months of work.

Under exceptional conditions, exemption from work may be granted to:

• children under the age of majority;
• employees who are in an “interesting” position;
• WWII participants;
• part-time workers;
• parents raising 2 or more children.

Leave granted in advance has the following characteristics:

1. It is necessary to know exactly the period to be included in the work experience.
2. The manager may allow the exemption to be taken in this manner, but is not obligated to do so.
3. The duration of rest must be at least 14 days.
4. Monetary compensation is prohibited.

The requirement for the expiration of 6 months applies only to the first vacation period, and the second and subsequent ones can be issued at any time.

Is a vacation schedule really necessary?

The fact that the vacation schedule is mandatory for both parties to the employment contract does not mean that the employee must go on vacation solely in accordance with the originally approved plan. An employee's vacation may be postponed. In this case, changes are simply made to the vacation schedule. For example, if the vacation schedule is maintained according to the unified form No. T-7 (approved by Resolution of the State Statistics Committee dated January 5, 2004 No. 1), then to make changes to the vacation periods you will need to fill out 2 columns: column 8 “grounds (document)” and column 9 "date of intended vacation."

Sometimes the employer is obliged to postpone the vacation to another date. For example, an employee fell ill on vacation or did not receive vacation pay on time (Article 124 of the Labor Code of the Russian Federation). Sometimes vacation is postponed at the request of the employee, when the employer, although not obliged, meets the employee’s wishes.

In any case, if an employee wants to take a day off as vacation, he just needs to write a statement about this to the employer.

Possibility of refusal to receive one-day leave

The manager regulates the work procedure in the team, including the provision of vacation periods. If there is a one-day vacation approved in the schedule, for example, to celebrate an anniversary, the manager cannot refuse to receive the day. In other cases, the employer’s refusal is justified, since it requires the transfer of 1 day of vacation. The transfer of part of the vacation is carried out by decision of the manager.

Sometimes employers refuse to receive one-day leave due to the employee having no unused days, which is an unreasonable position for refusal. The condition of mandatory work experience applies only to the first half of the year of work. Persons who have sufficient experience at the enterprise are given the opportunity to receive leave in advance.

Vacation for 1 day - features of this process

In this article we propose to consider the question of how you can take one day from the vacation period. We will discuss below what nuances such a procedure has and how everything needs to be formalized correctly so that the employer does not refuse you.

Let's start with the fact that under the Law we are all entitled to at least 28 days. For some categories of citizens, due to certain circumstances, this period may be longer. But, an indicator lower than the above is a direct violation of the rights of each of us. So, for example, in the case when we are talking about an employee who has not yet turned eighteen years old, the vacation period is already 31 days.

The use of such days intended for rest directly depends on each specific situation. For example, some organizations set clear vacation schedules. This is necessary in order to ensure normal production in a continuous mode in the absence of a specific employee in his place. Also, certain groups of establishments, on the contrary, release their employees on vacation at the same time. So, we are talking about educational institutions and the summer period.

But, regardless of this, there is a general rule that states that we all have the opportunity, by mutual agreement with the employer, to use time for rest during a certain period that suits both parties. In this case, first of all, you should pay attention to the duration of release from work duties. So, today there is an opportunity to take a vacation completely and immediately, or divide it into parts.

The last category includes the actual subject of our article - 1 day of vacation credit. What is this phenomenon in the legal system of relations? This is the period during which a citizen is released from work and which relates to the general procedure for going on vacation. Such a day is included in the total amount of rest period established specifically for it, taking into account all the characteristics (social status and working conditions).

As a rule, the question of how to take a vacation for one single day arises quite rarely. In most cases, citizens are limited to time off. But, it is worth noting that the latter phenomenon occurs in exceptional cases and not everyone has them. Therefore, when the need arises to urgently leave for a day, there is nothing left to do but take a vacation for such a short period of time.

The one-day leave system is included in the holiday registration as part of the overall duty release plan. That is, the design of such a process will be exactly the same as when using any part of the vacation.

Applying for a one-day vacation period

After you write this document and check it for compliance with the rules described above, it must be provided to the person specified in the application itself (the manager). To do this, you should already log out of the document flow system in your organization.

As a rule, issues of this nature are resolved directly with the boss himself. To do this, you will need to contact him, having the application with you. The manager will review it and decide on granting the right to rest.

Some companies with a large number of employees have a special system for resolving such issues. To do this, you will need to contact the department that deals with the movement of internal documents. As a rule, the application is submitted to the chief's secretary. He passes it on to the manager himself.

A positive result must be documented in a special order. In it, the director of the enterprise or the head of the department confirms that a certain employee on such and such a day is exempt from performing his work duties due to going on vacation.

https://youtu.be/gfZic_X-3Ho

Persons with and without the right to one-day leave

Employees are not entitled to paid leave before the six-month period. The exception is when persons belonging to a special category of citizens apply for one-day leave. The manager cannot refuse leave to adoptive parents of a child up to 3 months old, spouses of military personnel, part-time workers, minors, women before and after leave under the BiR.

The procedure for granting one-day leave has strict implementation deadlines. The employer is obliged to pay for the rest period.

If the employee submits an application less than 3 days before the start of the vacation, the manager has the right to refuse the employee. Otherwise, the employer will face administrative punishment in the form of a fine in accordance with Art. 5.27 Code of Administrative Offences. An alternative solution to the issue in the event of emergency circumstances is to provide 1 day without payment.