How many days in advance does a leave application need to be written?

Rules for notifying an employee

According to the Labor Code of the Russian Federation, all employees have the right to vacation for a period of 28 calendar days . People in certain professions with more difficult working conditions compared to other professions are entitled to additional leave.

According to the law, the enterprise draws up a plan for all vacations. It is established within the company according to the planned profit, established priority and other factors.

The deadline for drawing up the rest order for all employees must be no later than 2 weeks before the end of the calendar year. The employer is obliged to allow his employees to rest on time. Workers must follow the sequence specified in the schedule.

Rest days can be divided into parts by prior agreement between the employee and the employer.

Each employee must review the schedule and sign it. Based on such a plan, a vacation notice is drawn up and sent to the employee for signature no later than 2 weeks before the start of his vacation. In this case, the employee does not have to write a leave application. The basis for the order is the vacation schedule and notification.

There are certain groups of employees who can take unscheduled leave . For example, combat veterans. In this case, employees already write a leave application.

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Providing annual leave

The company draws up a vacation plan taking into account the priority. This plan is drawn up in advance and officially approved. The deadline for submitting an application for leave is no later than 2 weeks before the end of the year. Employees undertake to comply with the terms of priority. The employee first familiarizes himself with the existing schedule and signs. Under this plan, the employee is notified no later than 2 weeks before the start of the vacation. In this case, the employee does not write a statement.

Annual vacation pay is provided at the end of the calendar year, the employee receives advance notice. When receiving paid leave without a queue, you should agree on a date with your superiors no later than 15 days in advance. Based on the application, which is written 2 weeks in advance, an order is drawn up, which is issued no later than the start date of the vacation. The Labor Code does not indicate whether documents can be issued earlier; this may be due to company rules.

Documents must be submitted no later than 3 days before the start of the vacation. If the company has any other rules, then you need to refer to the articles of association. The decree for receiving vacation pay is formed during this period. The accounting department is obliged to receive documents for it. This greatly simplifies the work process.

It is possible to postpone or extend vacation by mutual agreement between you and your employer in the situations I listed below:

The onset of temporary incapacity for work of a vacationer. You need to issue a sick leave certificate while on vacation and it is transferred to the number of days of incapacity according to the certificate;
During the vacation period, you are entrusted with the performance of government duties, which provide for release from permanent work;
Other situations under the labor code.

It is important for a working person to know his rights, and if the management of the enterprise notified the start of annual paid leave later than the two-week start period, or the accounting department accrued vacation pay untimely, then the management, in accordance with the written request of the employee, must postpone the leave to another time period agreed upon with the employee.

Therefore, you have the right to claim that you do not have to go on forced leave if your interests are violated.

It is prohibited not to allow minor working citizens working in harmful or dangerous jobs to rest, or to restrict people from rest for two years in a row.

In some cases, if you fall under one of the listed types of employees, the company may, in discussion with you, postpone the vacation to the next year for the smooth functioning of the organization.

Let's look at the procedure for rescheduling a vacation using an example. Printing press mechanic of the Master Pak workshop Ivanenko E.A. according to the vacation schedule approved at the beginning of the year, he had to go on paid leave lasting 16 calendar days from 04/02/2019.

Within 17 days, his boss approached him with a proposal to postpone this vacation to 3 months later due to the receipt of a large order for printing self-adhesive labels, and there was no one to replace him at the enterprise. Ivanenko E.A. went to meet the head of his company and agreed to postpone the date of his vacation. They wrote an application to postpone their vacation.

Application deadlines

Any employee can reschedule his planned vacation dates by agreement with the employer. In this case, the basis for granting leave will be his personal statement. The procedure in this case is as follows:

the employee writes a statement,
a decree is issued on the employee's leave,
the manager sends an order to the accounting department to accrue vacation pay,
At least 3 days before the start of the vacation, the employee is credited with money.

In this case, the employer can establish internal rules of the enterprise, which stipulate the deadlines for submitting all documents from employees.

The law does not stipulate the exact time for filing an application.

When writing an application, the employee should take into account the fact that after familiarizing himself with his request, management must issue an order , and on the basis of the order, the accounting department must pay vacation pay. In this case, the deadline for accruing money must be no later than 3 days before the start of the employee’s vacation.

Outside the plan, employees may request time off while maintaining their job in the following cases:

an employee may submit a request for several days of rest without pay with a good reason ,
a number of persons (such as retired active workers, disabled people) can go on unpaid leave when it is convenient for them,
women who are about to go on maternity leave in the near future, or who have just returned to work from maternity leave,
persons under 18 years of age,
if a person has just adopted a baby.

In all these cases, the employee’s rest is formalized by order based on his written application.

Why do you need to write an application?

Let us say right away that the current legislation does not contain a requirement to write a vacation application two weeks in advance.
However, the absence of such a provision in the Labor Code does not mean that the personnel procedures of the employing company can be neglected. Let's talk about this in detail. In general, employers require you to write a vacation application two weeks in advance. There is no article establishing such a rule in the Labor Code. However, this procedure can be enshrined in a local regulatory act of the organization, for example, in the Regulations on Leave.

If such a norm is approved by a local act of the enterprise, then it becomes mandatory for employees to comply with. It is clear that in this case the employee must write a vacation application 2 weeks in advance (Article 8 of the Labor Code of the Russian Federation).

Let us add that in addition to the obligation to notify about leave, the employer can establish its own procedure for calculating the deadline for writing a leave application two weeks in advance. How to consider the deadline for submitting a document should be indicated in the local act of the organization.

This procedure is not an arbitrariness of the employer. It is clear that by setting a certain deadline for submitting an application for vacation, the organization (individual entrepreneur) gets time to pay vacation pay and find a replacement for the vacationer during his absence.

Thus, we figured out whether it is necessary to write a vacation application 2 weeks in advance.

This important issue has already been partially disclosed above: on the basis of such a document as a leave application, an order from the manager is actually drawn up to release the employee from performing work duties. However, the documentary side of the issue is not so important as respect for the rights of the employee.

Firstly, in order to send an employee on a well-deserved annual rest, the employer needs reasons;
Secondly, the accounting department also needs reasons, since this is the only way it can accrue vacation payments to the employee;
Thirdly, if the manager grants leave to a specialist without an application, then at any time he can insist that the employee missed work without reason and impose sanctions against him.

It is worth emphasizing that it is for this reason that the vacation application is written by the employee strictly by hand and certified by his signature with a full transcript. Moreover, in the absence of an application, the employer will be able to send the employee on leave on his own initiative, regardless of his personal opinion on this matter.

How to correctly draw up an application for annual paid, additional leave or leave without pay?

You can get a sample document from the HR department;
It should be written strictly by hand on A4 sheet with black or blue ink;
The application should clearly indicate the start date of the leave and its duration (sometimes it is enough to simply indicate the date of return to work duties).

An application for leave is not allowed to be typed on a computer or written on a ready-made standard form.

It is worth adding that when preparing an application for annual paid leave, it is enough to mention in it a request for time to rest, as well as indicate the timing of release from work duties. If we are talking about leave without pay, then the application also indicates:

maintaining a job without maintaining earnings;
the exact reason requiring the employee’s removal from performing his professional duties (the employer’s decision depends on how clearly it is defined).

In case of inspections of the employer, the Federal Labor Commission always checks the availability of applications from employees for leave. That is why these documents are stored in a separate folder or filed in the personal files of employees.

Due to the fact that the Labor Code of the Russian Federation provides for several types of leave, the procedure for drawing up an application for their provision also differs.

1. Annual paid leave

Russian labor legislation does not oblige an employee to write an application for leave if it is annual, paid and scheduled. However, HR practitioners insist on fulfilling this condition in order to avoid contradictions and litigation with the employee in the future. In this situation, the document is drawn up no later than a week before the start of the vacation.

2. Leave without pay

The Labor Code of the Russian Federation and by-laws stipulate the period within which the employee is obliged to submit a corresponding application to his employer. The fact is that sometimes circumstances for exemption from work duties arise suddenly (the death of a close relative, the birth of a child, the diagnosis of a disease, etc.), and therefore the application can be drawn up on the day of going on leave.

If the reason is not so significant and does not arise spontaneously (a trip abroad, renovations in an apartment, etc.), then the employer has the right to oblige the employee to write a statement two weeks before the start of the vacation.

In practice, the timing of preparing an application for leave without pay is negotiated with the employer on an individual basis.

In general, a vacation application is written 1-2 weeks before it starts. Why are such deadlines observed?

Firstly, three days before the start of the vacation, the accounting department is obliged to give the specialist the vacation pay he is entitled to (Article 136 of the Labor Code of the Russian Federation);
Secondly, in order for vacation payments to be calculated, the manager must consider the employee’s applications and sign an order to temporarily release him from work duties.

In order to simplify record keeping, modern organizations use a simplified regime for sending employees on regular paid leave:

after drawing up the vacation schedule, written notification is sent to employees;
Each employee signs the notice as a sign of agreement.

In this situation, it is the notification that becomes the official basis for granting the employee leave. As a result, the manager signs the order based on the notification confirmed by the employee. The employee once again signs in the personnel department for familiarization with the contents of the order. In this case, we can assume that all legal nuances are fully complied with.

Consequently, another difference is revealed between paid leave according to the schedule and leave without pay at any time of the year: in the first case, writing an application is not mandatory, but in the second it is absolutely necessary.

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There are often cases when an employee is not satisfied with the vacation time allotted to him in accordance with the schedule. In this case, he has the right to write an application addressed to the manager, but not about the vacation, but about transferring it to another period of the year. It stands:

the basis for revising the vacation schedule;
an official explanation for the absence of a specialist from his workplace.

It is important to remember that in the matter of sending an employee on the next annual, additional, educational or any other leave, you should have a documentary basis in the form of a schedule, notification, etc. If there are none, then this function is assumed by the leave application.

Thus, Russian labor legislation does not prescribe a strict time frame for writing a vacation application. However, the employee himself should be interested in preparing this document: on its basis, vacation pay will be calculated and paid faster, and based on its content, the issue of granting the specialist leave without pay will be decided.

In accordance with Art. 123 of the Labor Code of the Russian Federation, the employer must notify the employee two weeks before the start of the vacation. It is also indicated that the leave is formed as the provision of paid 28 calendar days. The vacation schedule is formed at the beginning of the calendar year and is certainly introduced to all employees upon signature.

If you want to get a vacation without pay at your own request, then you must first discuss the details with your manager. Afterwards, write a statement. Remember that without a written application, the employer will not be able to provide you with leave. It also needs to be said that in the case of scheduled leave, an application for it is not written.

It is not necessary to write an application for leave if the leave is provided according to the schedule;
The employer must notify the employee two weeks in advance about the start of the vacation;
The law does not specify the time frame within which you must apply for voluntary leave without pay.

Practice shows that a person has different situations in life. And of course, it is not always possible to predict when exactly you will need a vacation. It is for this reason that the start of the vacation must be negotiated directly with the manager. That is, you can write an application today and go on vacation tomorrow.

And there are situations when the manager requires the submission of an application two weeks before the expected, desired vacation. So, it all depends on your manager, as well as the situation for which you are going on leave. For example, if you decide to renovate a new apartment, then this issue can be approached as a matter of family circumstances.

You must understand that the manager needs reasons to apply for leave. If everything happens verbally, then in this case, the manager can always say that you left without permission and skipped work. To prevent this from happening, the only basis for granting leave is the employee’s application.

There is a standard application form that can be obtained from the Human Resources Department.

Submitting an application for leave followed by dismissal

If an employee resigns on his own initiative, he can write an application for leave, after which his dismissal will follow. It is worth noting that the employer has the right to both accommodate the employee and provide him with days of rest, and has the opportunity to accrue monetary compensation to him.

Upon dismissal for labor misconduct, vacation or compensation is not provided.

In case of registration of paid leave with subsequent dismissal of an employee, the procedure is as follows:

The employee submits a leave application to the HR department addressed to the director of the company. In this case, the schedule may no longer be observed .
Next, a letter of resignation is written.

If an employee has unpaid days of basic or additional vacation, they can be summed up.

The employer has the right to provide partial monetary compensation. The deadline for filing applications in this case is determined by the date of dismissal.

In the case when an employee resigns as a result of liquidation or bankruptcy of the company , the procedure changes slightly:

A notice is issued regarding the reduction of staff unit. This document must be issued at least 2 weeks before the date of dismissal ;
The employee reads the order and signs it;
Next, the employee writes a vacation application;
Based on the application, the HR department issues an order to provide the employee with annual paid leave;
The human resources department issues a second order to terminate the staff unit;
The employee signs both orders.

The time for filing an application is not specified in the legislation . However, this document must be drawn up during the period after receipt of notice of dismissal and before the date of the last working day. Otherwise, the employee will receive a financial payment.

A sample application for leave followed by dismissal can be downloaded here.

For interesting details about leave with dismissal, as well as what documents are needed for this, watch the video:

Shelf life

Where and for how long is a vacation application kept?

According to the law, by order of the Ministry of Culture of the Russian Federation No. 558 dated August 25, 2010, paragraph 656 “b” states that the storage period for vacation applications is 75 years.

It is advisable to store employee applications for vacations either in a vacation schedule folder or in a specially designated folder in the archive.

Attention! Some keep statements in the employee's personnel file. This is wrong. May result in a fine in the event of an inspection, as it violates the instructions for maintaining personal affairs.

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When is a request for vacation at your own expense made?

The employer is not obliged to provide employees with vacation at their expense. This may be a mutual agreement between the parties, subject to good cause . However, the legislation establishes certain categories of citizens who have the right to such rest.

In both cases, the employee must write a statement. There is no unified form for this document, so it can be written either by hand or on a form established by the company’s internal rules.

You can learn more about applying for leave at your own expense in this article.

The legislation does not stipulate the period within which it is necessary to write an application, because unforeseen circumstances can also serve as a reason. At the employer's request, the employee must provide any documents justifying valid reasons for going on vacation. Registration occurs traditionally:

The employee draws up a statement indicating the reasons for urgent leave,
The HR department issues an order under the personal signature of the employee.

Application for vacation at your own expense: .

Leave order

When an employee goes on vacation, you need to draw up an order granting vacation to an employee (standard form No. T-6) or several employees (standard form No. T-6a). In general, the unified form of this document is quite convenient, so there is no point in abandoning it.

However, in the order, indicate only information about the leave that you provide to the employee. That is, all other lines (about additional, at your own expense and other vacations) can be deleted from the order.

And instead of this, if necessary, you can add another additional line to section A. This is in case the employee added the unused balance of last year’s vacation to the days of rest that he takes this year. The order is signed by the manager, the employee must be familiarized with the order upon signature.

If an employee simultaneously works in an organization as both a part-time employee and a main employee, to grant him leave, it is most logical to issue an order in Form No. T-6a, which is used when issuing leave to two or more employees

This is due to the fact that standard form No. T-6 does not allow issuing one order when an internal part-time worker goes on leave. In particular, in this form the required details are:

position of the employee going on vacation;
the period for which the employee is granted leave.

But in this case there is no point in drawing up your own single document.

That is, you need to apply for leave separately for each position. It's like you're sending two different people on vacation.

After all, an internal part-time worker has at least two employment contracts, two different positions, and two personnel numbers. And the length of service required for leave at the main place of work and the length of service in a part-time job, as a rule, do not coincide due to the fact that such an employee did not immediately acquire additional functions.

And most importantly: the internal part-time worker will have to calculate vacation pay separately for the main place of work and separately for the part-time job. And then summarize the results.

Deadlines for issuing an order with a vacation pay schedule

According to the Labor Code, annual paid leave is established according to the schedule at the end of each calendar year . In this case, the employee is notified by notice two weeks before the start of the vacation. If we are talking about extraordinary paid leave, the employee must agree on the date of the leave with the employer no earlier than 15 days before the start of the holiday.

An order for leave is made on the basis of an application. The legislation also does not stipulate the exact deadlines required for its release. The most important thing is that the date of the order must be earlier than the day when the employee goes on vacation.

The Labor Code of the Russian Federation does not stipulate whether it is possible to write an application earlier. The timing of the release of all documents may be stipulated by the company’s internal rules.

It is impossible to foresee everything in advance, just like the dates of your vacation. Knowing the rules for applying for vacations is important for both the employer and the employee. This will avoid any disagreements or litigation.

Tips and tricks

Let's look at the basic tips and tricks you'll need. So, in order to receive timely vacation pay, you should:

Determine exactly the dates, notify your boss, who undertakes to include this information in his plan.
Write your application no later than 2 weeks in advance. Be sure to put it in writing, even if you have a trusting relationship with the employer.
Receive an order, which will be evidence that the leave is provided legally.
Receive vacation pay 3 days before it starts, the funds are provided by the accounting department.

Having completed all the rules on time, you will receive funds. Vacation pay at your own expense is a completely different matter; we are not talking about money matters, so you can negotiate with your boss at least a day before the start of your vacation. If you comply with labor laws, you will receive timely leave.

The main thing is to draw up an application document, preferably 2 weeks before the start of the annual leave.
In the case of a vacation at your own expense, you need to warn about this and draw up documents before the day you are going to start your vacation. I hope our tips and recommendations will help you in the future! I think now you can complete the documentation correctly and competently. https://youtu.be/mrVVsd5rc84

How long before I write?

Although the law does not define a clear time for sending an application, an organization can, by internal order, establish a specific number of days for submitting an application for leave. No later than three days before the start of your vacation, the company’s accounting department must calculate and accrue vacation pay to you.

Therefore, no later than this period, the application must be written and submitted to management for consideration. Also take into account the size of the staff and the structure of the enterprise, which may cause temporary delays in the approval of the paper you submitted.

Deadline for filing an application for unpaid vacation days

In practice, it is impossible to predict exactly when an employee will need to take voluntary leave. That is why the start of vacation must be agreed upon only with the company management. After submitting the application, the employee must wait for a response. As a rule, vacation is given without any problems, but the dates are agreed upon in any case. The manager checks the vacation schedules of the working staff and makes his decision. Usually, this takes from 1 to 7 days.

Based on Part 9 of Art. 136 of the Labor Code is clear that the company is obliged to pay the employee vacation pay no later than 3 days before the vacation itself. Therefore, an order for granting leave should be signed no later than 3 days, since this time is enough for the manager to sign the application and for the accounting department to calculate the required amount of money.

The vacation pay schedule is drawn up at the very beginning of the year and all working personnel are certainly notified about it. The employee goes on vacation from the first day specified in the schedule.

If the company does not have a vacation schedule, the employee must personally apply. There are cases when management requires a document 2 weeks before the expected date of vacation, while others are ready to grant vacation the very next day after submitting the application. The following companies accept applications at least 4 days in advance, since it takes 3 days for the accounting department to accrue vacation pay.

When do you need to apply for leave?

In large companies with a large number of employees, this period can increase to 3-4 weeks, since paperwork takes a lot of time. The only exceptions include pregnant women. The law allows them to submit an application 1 day before the expected date of vacation.

Despite the fact that the law does not specify specific deadlines for filing an application, lawyers still recommend contacting management 2 weeks before the date specified in the document. Thus, the chances of getting a vacation at the scheduled time increase. That is why the employee decides for himself when to apply, 2 months in advance or just 2 weeks in advance. The main thing is that this time is enough to complete documents in the accounting department of the organization.

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Annual vacation pay is provided at the end of the calendar year, the employee receives advance notice. When receiving paid leave without a queue, you should agree on a date with your superiors no later than 15 days in advance. Based on the application, which is written 2 weeks in advance, an order is drawn up, which is issued no later than the start date of the vacation. The Labor Code does not indicate whether documents can be issued earlier; this may be due to company rules.

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Application for vacation, how and how many days in advance to write it? Each employee has the right to reschedule. You will need to write a personal statement, this paper will be the basis for granting vacation. Let's consider the procedure for providing vacation days:

writing a statement by an employee;
issuance of a decree by the authorities;
drawing up an order and sending it to the accounting department;
crediting of funds within 3 days.

The employer can stipulate in the documents the deadlines for submitting papers. The law does not indicate the exact time for filing an application. But the employee must take into account the following factors: the management issues an order, and the accounting department accrues funds. It is best to write an application for leave at your own expense at least a week in advance.

There are no designated and clearly regulated deadlines for filing an application if the employee wishes to receive leave without pay.

When the employee and the administration of the enterprise have agreed on all the conditions for granting time off, the deadline for submitting the document is not particularly important. The employer may agree on leave without financial compensation and the day before it is granted, if this does not contradict his interests.

If there are internal rules established at the enterprise for the approval of time off, then you should adhere to them.

A leave request is a formal way of informing an employer of a subordinate's plans to take paid leave. In other words, you cannot decide for yourself and voluntarily go on vacation without informing your manager about your plans.

Regardless of the type of leave, the applicant is obliged to notify the management of the enterprise of his intention in writing.

It is important to know that an employee can count on vacation only after continuously working in his current place for six months from the date of hiring. However, there are certain types of employees who have the right to take advantage of rest until the expiration of a continuous six-month period of work at the company.

If a situation arises, you need to notify your superiors of your desire. The specific deadline for filing an application is not prescribed by labor legislation. This point is agreed upon with the manager so that there is enough time to prepare the order and select a candidate to replace the employee going on vacation.

When forming a vacation schedule at a company, management warns you, as its employee, that it is your turn to go on vacation, two weeks or earlier. According to the legislation of the Russian Federation, you are not required to draw up an application.