Sample letter for leave. The maximum allowable vacation period at your own expense

I am glad to welcome regular readers to the blog, as well as a new audience! It's no secret that I prefer working for myself, but working for hire can be a path to success. True, in the latter case, you will not be so easy to plan a day: absence from work will serve as a reason for a reprimand. It will be possible to solve the problem if you immediately download sample letter of leave and learn all the subtleties of its presentation.

The concept of time off: what is it and when can I take it

There is no such concept in the legislation, but it has become widespread in everyday life. The Labor Code calls the day off a day off, which an employee can take on one of the following grounds:

• at preliminary development this time;
• if an employee needs a day without saving wages ;
• if the day off is taken in vacation account.

But it happens that a person needs to be absent from work for other reasons. In this case, you will need to know how to write an application for time off, and clearly argue your position.

Consider the following:

1. Usually they give a day off for a maximum of 2 days, and for longer periods they ask for a vacation at their own expense.
2. Sometimes an employee only needs to be away for a few hours. He can process this time in advance, and later use it for a visit to the doctor or to solve other problems.

Quite often, time off is provided for the fact that you previously went to work on a holiday. You can choose from 2 types of compensation: you can get double the money or take a free day at a convenient time. In the latter case, for work on a weekend or holiday, you will receive a single payment, and the day of rest will remain without remuneration.

Grounds for time off in 2018: what to consider

The need for time off arises for the following reasons:

• due to the needs of the employee;
• due to the nature of the chart.

In the latter case, the need to write an application for a day off is due to the fact that processing was included in the preparation of the order (when on duty on a rotational or shift basis). Let's take a look at the specifics of each situation together so you know what to expect.

Labor Code of the Russian Federation: grounds for an additional day off

The Labor Code of the Russian Federation provides for the following:

1. When providing leave for overtime the length of free time must equal or exceed hours of additional work. Similar cases occur at state-owned enterprises: if you stay at work not until 18.00, as established by the schedule, but until 20.00, it can be difficult to receive monetary compensation, and instead they give additional days off. For example, you had 12 hours of overtime; count on rest for a full 8-hour day and half more.
2. According to Art. 153 TK, you are entitled to work hours compensation if you worked on your day off.
3. Donor employees take time off to donate blood; Plus, they get extra time off. Even if you were present at the workplace, you will be given a rest on the day you choose. It is important that you are not obliged to coordinate the date for blood donation with the management, but the day of the subsequent day off must be approved in advance. The basis will be a medical certificate issued by the institution.
4. Art. 301 of the Labor Code protects the interests of employees working on a rotational basis. Processing can be included in the schedule; The task of the accounting department is to ensure that employees receive time off on time.
5. TK allows you to take vacation days, but provided that the remaining part is not less than 14 days.
6. The last reason for time off according to the Labor Code will be employee's need for a day off without pay.

In such cases, you can expect that after the words "I ask for time off" you will not hear a refusal.

Reader question: forced to take compensation instead of free days

I don’t know how the amount of compensation is calculated in our production, but for 1 worked day off with a salary of 20,000 ₽, they pay 350 ₽. Rather than take that kind of money, I'd rather have a rest, but the authorities won't allow it. Are the management's actions correct?

The authorities violate the law, because according to the Labor Code of the Russian Federation you have the right to get a day off. Your desire is enough, so apply, and if refused, file a complaint with the labor inspectorate.

Leave under a collective agreement

In addition to shopping malls, enterprises have collective agreements, expanding the opportunity to take additional free days. The basis is the following:

• wedding;
• childbirth (for fathers);
• death of a non-close relative (in the case of a close relative, leave is granted);
• moving;
• employee's anniversary, etc.

Whether such time off is paid depends on the characteristics of a particular enterprise.

Individual days off: when you can get

Individual day off usually granted in case of force majeure. If you are stuck in a broken elevator or a pipe burst in your apartment, you will be given an extraordinary day.

Often documents are required to prove the reasons why you cannot be present at the workplace. But there is also a chance that you will get by with a simple verbal agreement.

Unused free days

Separately, you should consider the situation in which you did not use free days and decided to pay off from work. The problem is that the legislation does not give clear definitions of how to act in such a case. We have to rely not on the Labor Code, but on explanatory letters received from Rostrud.

They argue that processing is compensated in any case, even when an employee is fired. This means that you must be paid for unused time off; the amount is transferred together with the main calculation. But the law does not prohibit an alternative option, in which these days will be subtracted from the standard working period of 2 weeks.

Does the employer have the right to refuse: when does it make sense to complain

Is the boss entitled not to sign the application, even if the text and form match the model? First, decide if you are talking about a free day as compensation for processing, or if you want to take it at your own expense. If you were not attracted to labor activity on a weekend or holiday, the employer has the right to refuse, since we are talking about leave without pay. The exemption applies to the following categories:

• WWII veterans;
• working pensioners receiving payments by age;
• working disabled people;
• parents and spouses of military personnel, firefighters, customs officers, etc., who died as a result of injuries, if they were received in the course of their duties;
• employees getting married;
• workers who take days at their own expense in connection with the death of close relatives or the birth of a child.

The list is sometimes supplemented according to the collective agreement of the enterprise. In other cases, time off is provided in agreement with the management, which should be taken care of in advance.

Reader question: can donor leave be denied?

As a donor, I donated blood on September 16, 2018, on my day off. At work, I wrote a statement that I want to take a day off on the 28th and 29th, but the boss refused. He says it's a production necessity, I'll have a rest at another time. Is he right?

Hello! The employer violates your rights because the date free days received for donation, you determine yourself. To avoid unpleasant consequences, apply in advance, make a copy and register with the secretary (she must sign your copy). The authorities do not have the right to dismiss an employee or count absenteeism for absenteeism, since you are acting on the basis of a letter from the Ministry of Labor of the Russian Federation dated 03/01/2017.

Main features of compilation

In order for the boss not to reject the application, it must be written according to existing templates. Pay attention to a number of subtleties, and you will not get rejected.

When to apply for leave

How and when is it right to file a notice that you need a day off? The legislation does not specify exact terms, but notify management as early as possible. It happens that the need to be absent from work arose unexpectedly: in this case, ask for a day off on the same day.

It is advisable to submit a written notice, since the presence of a document will serve as proof of your innocence if you are accused of absenteeism.

How to formulate the reason for the day off

Statistics say that 12% of Russians, when taking leave from work, indicate a fictitious reason. In fact, it is more profitable to tell the truth, since lies have to be remembered in order not to betray oneself in the future. But it happens that frankness is impossible: for example, you go to an interview or just want to get some sleep. What to refer to? The following reasons seem important:

• need related to the child Parent meeting, temporary shutdown kindergarten etc.);
• visits to government authorities (for example, you need to register ownership or get a new passport to replace the lost one);
• a visit to a doctor who sees only in the daytime (a dentist in a paid clinic).

You should not think that a pipe burst at home, because it looks implausible. Better ask for a day at your own expense: by law, you are entitled to a certain number of them. As a last resort, take a “donor day off”, because you will do a good deed and get the desired rest.

Instructions for writing an application for time off: standard template

Do not know how to write an application for a day off or half a day? You can not look for an example document, but use the instruction:

1. The header indicates information about the person to whom the application is addressed. In the samples, you will see that the following sequence is observed: position, full name of the organization, full name.
2. Then the header contains information about the person who is applying. Similarly, indicate your position and name.
3. The title is written on the left side of the document. locality where the company is registered. In the center - "Statement".
4. The content should be short. write, for what reason and on what day you want to be absent at work.
5. Finally, put date and signature.

There is no generally accepted form that would serve as a model for an application, so just follow the rules listed.

Time off for a pre-worked day: sample

In most cases, when you are asked to come to work on a weekend, the date of the expected day off is determined in advance. In small private enterprises, a verbal agreement is sufficient, but in a public position or in an organization with a large staff, a written document will have to be submitted.

I wanted to work in advance and get a day off, but did not go on duty: what to do

I'm dealing with difficult question A: I had to take a day off on a certain date. I talked with the authorities, they said that it was necessary to work out in advance. We made an order according to the sample, everything was drawn up. But on the appointed day, family circumstances prevented her from coming to work. Does management have reason to fire me for absenteeism?

According to the law, you are required to go to work on a day off if you have read the relevant order and provided your written consent. The sequence of steps is as follows:

• management draws up a notice according to a standard model, where you are offered to go to work on a day off;
• you sign on paper or refuse;
• an order is issued according to which you are obliged to work off the day off.

If you do not come to the appointed date for the performance of official duties, this may be grounds for dismissal.

On account of vacation: sample application

The option of being absent from work due to vacation is good because you do not have to come up with difficult family circumstances. It is important that the period of the main part of the rest is at least 14 days; use the rest of the gap as you wish.

The advantages of this option include the fact that you will not lose in payment: it is charged according to the same template as regular vacation pay.

It is advisable to apply in advance, at least 3 days in advance.

Time off at own expense: download a sample of a correctly completed application

If you do not belong to the benefits categories listed above, time off at your own expense may be denied. The only guarantee will be the circumstances set out in 128 Art. TK; in other cases, the administration decides on own will. To increase your chances, submit a correctly completed document,

Day off for a few hours: sample application

When an employee leaves for a short period, it is often not necessary to write a statement and check it with a sample. But the document is required when the payment is calculated according to the hours worked: download it

If the day off is provided for several hours during which you worked on a day off, you need a different sample. The fact is that, according to the law, you must receive a full day in accordance with Article 153 of the Labor Code of the Russian Federation. As a result, you will receive a single payment for your work on the weekend and spend 1 day at home.

For family reasons: sample application

The generally accepted wording "for family reasons" is not deciphered in existing laws. You can write a clarification, because some employers say: "If you ask for time off, then be convincing." The leadership will determine the validity of the reasons.

How to write an application for time off: sample 2018

Leave approval process

Did you successfully use the sample and apply? Contact your boss: he will endorse the document by writing “I allow”. After that, an appropriate order will be drawn up, with which you will be acquainted. Officially, time off is considered approved from the moment you read the text of this document.

Without completing all steps of the procedure, management may revoke the authorization; but after drawing up the order and getting acquainted with it, the decision of the chief is considered irrevocable.

They do not give the promised day off: what to do

I work in a state budget organization and constantly deal with the fact that we are required to go to demonstrations. This year, on May 1, she refused to go outright until the director promised a day off. I wrote an application according to the model that the secretary gave me, the document was accepted and signed. But later they refused to grant the day off! Can I influence management's decision?

The actions of the director are legitimate, since the contract existed in words. It is impossible to formalize the option of a day off for participating in a demonstration, because you did not work that day. A complaint to higher authorities will not help, since there are no violations of the law. Even to prove that the administration put pressure on you to participate in the demonstration will not succeed: in fact, it gave a verbal recommendation.

Is it possible to take a day off without applying?

Due to unforeseen circumstances, you cannot come to work and write an application according to the samples? At good relations with the authorities, it will meet halfway and allow the document to be submitted retroactively. But TK does not stipulate similar situations, so management has the right to refuse; non-attendance at workplace may be grounds for dismissal.

Why You Need a Model Statement: The Reader's Experience

I had to take a day at my own expense: I'm selling an apartment, buyers came from another city to complete the paperwork. The director is on vacation, so I approached the deputy and asked for the day off. He told me to carry a statement, but did not put a signature: he decided to talk with the employees who should replace me. I contacted them by phone, they assured me that they didn't mind. With a light heart, I stayed at home, and a day later I returned to duty. But it turned out that the application was not signed, although it was drawn up according to the model. Either the deputy changed his mind, or the employees agreed in the eyes, and later refused ...

They began to threaten with dismissal for absenteeism, offered to write an explanatory note. I understood that I was absent from the workplace without a good reason, but I could not do anything. After a long scandal, the deputy signed the statement retroactively, allegedly going forward. If not for this, I would have been fired under the article. Even the court would not have ruled in my favor: there was a fact of absenteeism. Next time I will make sure that the application is not only drawn up according to the model, but also signed.

Conclusion

Although there is no clear sample application for time off, the drafting rules must be taken into account when applying. It is important to know in which cases the employer is obliged to sign the document, and when he has the right to insist on your attendance: you will avoid unpleasant moments and do without absenteeism. Consider the nuances and learn to fight for your rights! If you still have questions about where to get a sample application for time off, watch the video:

How to write an application for time off at your own expense for one day on account of vacation under the Labor Code of the Russian Federation. Day off for family reasons, for funerals, for previously worked time

From time to time there is an urgent need to take an extraordinary day off or take time off from work. At the same time, absence from the workplace, not documented, is considered absenteeism. This article discusses in detail actual problems and contentious issues relating to such a thing as "time off". After reading the contents of this article, you will be well aware of your rights and will be able to apply them in practice.

Time off according to the Labor Code of the Russian Federation

The legislation of the Russian Federation, in particular, the Labor Code (Labor Code of the Russian Federation) does not contain the concept of "time off". This term can rather be attributed to the colloquial, which in a broad sense means the absence of an employee in the workplace, which is to be worked out or has already been worked out. Despite the fact that the term "time off" does not occur in legislative and regulatory acts, the Labor Code of the Russian Federation reveals a similar concept in Art. 153, which implies that, at the will of the employee, he may be given time to rest on another working day, instead of an already worked day off.

The concept of "time off" also means a day of rest "into account" annually vacation, or leave without maintenance for 1 day.

Art. 106-107 of the Labor Code of the Russian Federation contain information that vacation is one of the types of rest time, expressed in days or hours, when the employee is completely relieved of his labor duties.

According to Art. 128 of the Labor Code of the Russian Federation for family reasons and other good reasons, an employee, by his personal written will, may be granted leave without pay, for a period of time determined by mutual agreement between the boss and the employee.

How to write a leave application

It is not difficult to draw up a leave application document. It does not provide for special forms, but has a standard form, regardless of the grounds and reasons for its writing. When making an application, you should adhere to the following rules:

• You should start writing a statement with a “cap” located in the upper right corner of the sheet. It contains information about the addressee (position and full name, in the dative case) and about the applicant (position and full name, in the genitive case).
• Next in the center is the word "statement"
• Then follows the text of the application, indicating the date (time) and the reason for the day off.
• The application ends with the date of the document, a personal signature with its transcript.

1. In the appeal, you must indicate good, valid reasons that prompted you to take a vacation at your own expense. It would be useful to attach photocopies of the available documents to the application as confirmation of the authenticity of the reason (certificate of marriage, birth of a child, death of a relative, etc.).
2. Time off is considered legal only after the written approval of management. Otherwise, failure to appear at work will be recognized as absenteeism, and may be a reason for dismissal.
3. The conditions for granting time off are usually contained in employment contract. If there are no such clauses in the contract, the employer has the right to make a decision at its discretion, including refusing to provide the employee with time off for reasons of urgency of work, lack of replacement, and also for other subjective reasons. The exception is certain legally stipulated cases when the employer does not have the right to refuse an employee an extraordinary day of vacation. You will learn about such cases later in this article.
4. A logical conclusion from the previous paragraph: an application for time off must be written in advance (3-5 days in advance), and never retroactively.

Examples of applications for time off for various reasons

The basic form of a sample application for time off is as follows.

to CEO Pulse-MS LLC
Rybakov E.V.

from the machine operator of the convector shop
Dubinina I.V.

Leave application

I ask you to grant me leave without pay on 05/05/2017 due to the urgent need to visit a veterinarian.

02.05.2017
Dubinin I.V.

Sample application for time off at your own expense for one day

Formulation:

“I ask you to grant me leave without pay for 1 working day - 05/15/2016 - due to the urgent need to be present in the apartment at the place of residence during the urgent repair of the heating system."

An application for time off without saving earnings can be written at any time (3-5 days before the required date). It is impossible to predict whether the employer will sign the application or refuse to provide time off. Many factors influence the granting or refusal of unpaid leave: from the weight and validity of the reason for the day off, to the personal attitude of the boss to a particular employee, his replaceability / irreplaceability, and so on.
At the same time, you need to know your rights well, defend your interests and demand the provision of time off in situations that guarantee time off by law.

1 day leave application

Formulation:

“I ask you to amend the established vacation schedule and provide me with annual paid leave from August 15 to August 16, 2016 for 2 calendar days.”

When it becomes necessary to take a day off, and you don’t want to take a day off at your own expense and lose money, the most preferable is a day off on account of a vacation. The number of days off in this case can be any, with one restriction: the main part of the annual leave should not be less than 14 days.
Important: annual paid leave is paid at least 3 days before it starts, so you should write an application at least 3-4 days before the scheduled time off, so that the accounting department can calculate vacation pay in a timely manner.

Time off for work on a day off

Formulation:

“I ask you to grant me a day of rest on June 23, 2017 for working on a day off on June 12, 2017.”

According to part 1 of article 113 of the Labor Code of the Russian Federation, work on holidays and weekends is prohibited. Nevertheless, the employer can involve a citizen (with his consent) to work on a day off, if necessary, to perform important, urgent work, on which the full functioning of the company depends.

Art. 153 of the Labor Code of the Russian Federation provides for double pay for work on weekends. In addition, at the will of an employee who worked on a day off, he may be granted a day of rest. This day of rest, specified in the law, the employee can use as a day off by writing an appropriate application, and the work performed by him on the day off will be paid in the standard - single - amount.

Important: regardless of the number of hours of work on the weekend, the employee has the right to a full (full) day of rest.

Application for leave for family reasons

Formulation:

“I ask you to grant me leave without pay from 06/14/2016 to 06/15/2016 for family reasons (due to the urgent need to accompany a minor child on a trip to a hospital in Moscow)”

Day off for family reasons, for up to 5 days, it is possible to issue:

• at the birth of a child;
• in case of marriage;
• in the event of the death of a close relative.

Some workers believe that these days are paid. It's a delusion. However, the collective agreement may provide for lump-sum payments under the above circumstances or material assistance (at the discretion of management).

In addition, workers with continuous experience at the place of work, exceeding 6 months, they can take a day off for several days or hours for other reasons that can be attributed to the wording: “for family reasons”. Workers who have not worked for 6 months are not entitled to this (at the discretion of the management), except for the 3rd category of persons:

• pregnant women;
• parents of children up to 3 months;
• minors.

Leave for previously worked time

Formulation:

"I ask you to give me a day off - 07/05/2017, for the previously worked time - 01/01/2017."

Time off for previously worked time may be provided to the employee at his request, as an alternative monetary compensation for hours already worked.

Time off for overtime

Formulation:

“I ask you to grant me leave on 09/13/2017 for the time worked in excess of the norm on 07/08/2017.”

Overtime work (overtime) has the same legal nature as work on holidays and weekends. By virtue of Art. 152 of the Labor Code of the Russian Federation, at the written request of the employee, instead of double payment, it can be compensated by providing a day off for a time not less than worked overtime, and overtime hours are paid in a single amount.

Application for leave for a few hours

Formulation:

“I ask you to grant me leave without pay on 07/14/2017 from 15-00 to 17-00, for family reasons”

The Labor Code of the Russian Federation does not establish a minimum threshold for the duration of time off, which means that, by mutual agreement between the employer and the employee, the latter can be granted even a day off for several hours.

Time off for a funeral according to the Labor Code of the Russian Federation

Formulation:

“I ask you to grant me leave without pay from 02/01/2017 to 02/05/2017 due to the death of my sister”

In accordance with Art. 128 of the Labor Code of the Russian Federation, in the event of the death of a close relative (children, brothers, parents, sisters, grandfathers, grandmothers, grandchildren), an employee can count on unpaid leave for a period not exceeding 5 calendar days. If this time is not enough, it can be extended up to 14 days.

Can they refuse to take time off at their own expense?

The Labor Code of the Russian Federation provides guarantees of the right to leave without pay for up to 5 days in a row to citizens belonging to certain categories, and also determines the total number of days off provided per year. For example:

• For participants of the Great Patriotic War - up to 35 days.
• For working pensioners - up to 14 days
• For working disabled people - up to 60 days.
• For parents and spouses of dead or injured servicemen - up to 14 days.
• For employees who take entrance exams to the university - 15 days.

The Labor Code of the Russian Federation provides guarantees of the right to time off when an employee encounters certain life situations, such as:

• marriage;
• birth of a child;
• death of relatives;
• donation of blood (1 day off - on the same day).

Other "legitimate reasons" to take the day off

Each officially working citizen is given the legal right to rest for the hours worked, hours worked, on account of annual leave, and so on, it is enough to correctly draw up (submit) an application for time off and, if necessary, coordinate with the management the specific dates of rest days.

The material was prepared by order of the law firm "Dominium"

Time off at one's own expense in the public sense means the permission of the employer to allow the employee to miss a working day without pay. But does such a concept exist in the legislation?

In the Labor Code of Russia, the word day off does not exist. There is the concept of additional leave, which can be provided for a number of reasons without pay (unpaid leave). These may be the employee's good cause, family circumstances, or the employer's obligation to compensate, for example, for overtime worked.

Rest needed

Additional rest can be provided to the employee:

• for previously worked overtime instead of pay;
• according to personal desire, demand.

The latter wording may be satisfied by the employer, but may be refused. A day off on account of a vacation of the future or partially used cannot be considered a day off at one's own expense.

word of law

If employees are delayed at the workplace at their own request, the employer has the right not to provide time off at the time specified by the employee. Therefore, any order to work overtime or on weekends and holidays should be made in writing by the authorities with advance notification with an order under the signature. This provision is regulated by the Letter of Rostrud 10.03.08 No. 658.6.0.

In the case of an official one, on holidays or weekends, the employee can choose on his own whether he wants to receive the payment required by law at least 1.5-2 times higher than the usual rate or replace it with an additional day of rest. This is regulated by Art. 152 TKRF.

Additional rest may be granted according to the number of overtime hours worked excessively, that is, for a day, several days or for part-time work. And when working on weekends and holidays, the employee has the right to an unpaid day of rest in working time and for a single payment for the hours actually worked under Art. 153 of the Labor Code.

In this option, the day off will take place in the time sheet as a simple day.

Moreover, in the same article it is stipulated that the day is provided to the employee, regardless of whether he worked full time on a weekend or just a few hours.

Compulsory rest is also required for donors, which is regulated by Article 186 of the Labor Code. The remaining options for obtaining time off are not mandatory for the employer, except for the reasons recognized by law as valid and specified in the collective agreement. By decision of the employee, donor days can be added to the vacation, that is, he has the right to increase the vacation, and it is absolutely legal.

good reasons

There are only three good reasons for taking time off at your own expense according to the law.

• death of a close relative (parents, children, spouses);
• own wedding;
• the birth of a child (for the father).

In other cases, if the trade union has not taken care of satisfying other reasons, the employer may refuse.

Usually, at large enterprises, the following good reasons for time off are included in the collective agreement:

• kids wedding,
• death of any relative
• September 1st for parents of a first-grader, etc.

The decision of the head to refuse additional rest may be affected by:

• the indispensability of the employee in his workplace,
• reporting period,
• a short period of work, being on a probationary period,
• frequent arrangement of additional rest,
• disciplinary violations,
• by necessity,
• personal attitude towards the employee, his reputation at work, etc.

Holidays and work experience

By law, an employee can only take 14 days off per year at will. The employer, for a legitimate good reason, must provide up to 5 leave at the request of the employee. All time off in excess of the two-week limit will be deducted from the total length of service when calculating the pension.

From this point of view, it is more profitable to take time off for the extra time worked, the main thing is to formalize it.

You can foresee such a situation in advance, and leave your vacation a couple of days earlier by agreement with your superiors in order to have them in stock. In these cases, additional days of rest will not be visible to the report card, and therefore will not reduce the statutory limit.

We arrange a vacation at our own expense

A day off or additional rest according to the Labor Code is issued by prior agreement of the parties and according to personal statement employee. But there are some nuances here. An application can be made in several ways. Moreover, according to the legislation, in some situations the employer has full carte blanche, and in some his actions are strictly limited by the law.

A day off not formalized in advance, even if taken for legitimate reasons, is considered absenteeism.

And therefore, he qualifies as a reason for dismissal.

Duration for different categories of workers

Holidays at your own expense can also be included in time off at your own expense. For some categories of employees, it is required to be provided upon application. This is stipulated in the Labor Code.

There are certain standards that cannot be exceeded:

• pensioners by age (women from 55, men from 60) are entitled to 14 days in the year of unpaid additional rest;
• participants of the Great patriotic war for a period not exceeding 35 days;
• Disability pensioners are entitled to the largest 60-day vacation without pay;
• full-time students during the session, practice, writing a diploma for a period of 15 days to 4 months;
• entering the university, technical schools, vocational schools for the period of passage preparatory courses, passing the entrance exams no more than 15 days;
• spouses or parents of those killed in the line of duty before 14 days a year;
• employees working in difficult conditions in the far north or in conditions equivalent to them;
• part-time employees are obliged to provide leave at their own expense for a period that is not overlapped by part-time leave in relation to leave at the main place of work.

Statement

For small companies where there is no certain form forms, an application for time off at their own expense is written in the name of the immediate supervisor in a free form. For large companies and enterprises have a certain form, and the personnel department should have a sample application.

On each application, when sighting, the reasons for granting time off must be indicated (on account of future leave, according to the Labor Code, due to own wedding, on account of previously worked time, etc., if the reason for granting time off is regulated by law, then it is necessary to indicate the article of the Labor Code - the basis).

On the basis of the application executed and signed by the head, an order is issued, which indicates the reasons for the day off, the basis for consent. The employee gets acquainted with him under the signature, the order is sent to the employee's personal file.

Decrease in earnings

The procedure for payment and registration of time off can be additionally prescribed in the collective agreement. Leave at your own expense is not paid. In the event that it is provided on account of the days of the issued, but non-vacation leave, the employer paid it in advance.

In a weekend work situation, as discussed earlier, time off may be taken in lieu of a portion of the double pay for the day off worked. Moreover, if the day off is not fully worked out, then payment is made at the standard rate for the hours actually worked, and the day of additional rest is provided in full (Letter of Rostrud dated 03.07.09 No. 1936.6.1).

It should be borne in mind that the number of days off without pay affects the calculation of the amounts of sick leave, maternity leave, vacation pay, since these days reduce average earnings. Day off is not paid.

The most common example (Figure 1):

Picture 1

The employee worked full time on Sunday at a five-day week. He arranged with his employer for a single pay and compensation day off on the Tuesday following the work day. No payment is made for the sixth day, since this day is equated to a day off, and when this method wages are not taken into account for payroll purposes. Moreover, if all the other days were worked out according to the schedule, then the number of working days in the month will not change, since in fact the 4th and 6th days were simply reversed, that is, the employee will not lose in salary, he will receive a day off, just at another time , going towards the employer.

go the other way

Leave without pay can be issued only with the consent of the employee. If such additional rest is initiated by the employer, then it is called downtime, and must be paid in the amount of 2/3 of the salary rate.

If an employee needs a day of additional rest for family or other reasons not described in the Labor Code as mandatory for the employer, and the boss does not objectively or not want to provide it, then there is practically no way out. The situation can be saved by appealing to the higher authorities, but in practice the leader always supports the head of the link. So, if the boss is biased towards the employee for personal reasons or is simply an unfriendly person, then it will not work to do your personal business during working hours - you will have to wait for a legal vacation.

In Russian legislation, in labor relations, of course, there is no concept of time off, but in reality everyone understands what it is about even without legal background. Usually, the interpretation of this concept does not cause controversy. But it is worth remembering that unauthorized time off, without confirmation of the consent of the management, is defined as absenteeism, and therefore, the employee has the right.

In the event of a dispute and judicial trial only a violation by the employer in the form of a refusal to sign the application will matter in cases where the law stipulates the obligation to provide time off, even if the total number per year exceeds the allowable 14 days. The rest of the cases are entirely under the jurisdiction of the employer, since the Labor Code of the Russian Federation does not regulate the procedure for spending accumulated additional days for certain periods.

It should also be understood that a day off cannot be a bargaining chip in the relationship between an employee and an employer, and it is impossible, having taken a day off, to work it out later (first working off, and only then compensation with additional rest). Restrictions on total days and according to a one-time application, the time off granted is not established in the legislation.

What is a leave

Application for leave for previously worked time

Consider a situation where an employee already has processing days. But you can't just go to work. In some companies, the concept of an “oral” agreement is in effect, that is, an employee works on some day, and then takes a day off, while there are no records and information, i.e. the person did not seem to be processing, and as if he was not absent. This situation is quite acceptable and cannot be said to be bad. However, if there are a lot of employees, then it is not possible to keep track of everyone, and even more so to remember who processed and when. Therefore, we will consider another option - with a statement (see below).

Vacation leave application

If the employee does not have overtime, then you can issue vacation leave application. The most correct option would be the following: to make changes to the vacation schedule and allocate one day from it, then all the formalities will be observed. On the page "" contains all necessary information, as well as the ability to download examples of applications for time off on account of vacation.

Leave application at own expense

If there are no other options, then you can use the application for time off at your own expense. The correct wording from the point of view of legislation would be “an application for a vacation at your own expense”, that is, the word time off is absent here as before. Our article "" describes in sufficient detail about all the features of an application for a vacation at your own expense, as well as files for download in various formats.

How to write a leave application

An application for time off, like any other application, has a standard form, regardless of whether the application for time off is at your own expense or for previously worked time.
— The statement starts with a header that is right-aligned. The header contains information about who this application is addressed to (position and full name) and on whose behalf it is written (position and full name).
- The word "Statement" itself is centered.
- This is followed by the content of the application, it must necessarily indicate the date of the day off, the reason for the day off (for example, for the previously worked time).
- At the end of the application, the date of the application is indicated, the signature is put and the transcript of the signature is indicated

sample leave application

Sample application for time off for previously worked time:

General Director of Sfera LLC
Ivanov Vasily Petrovich
from sales manager
Semenov Valery Ivanovich

Statement

I ask you to give me a day off on 07/05/2015 for the previously worked time on 01/01/2015.

07/01/2015 Semenov V.I.

Download application for time off for previously worked time

Application for leave for previously worked time

The absence of an employee at the place of work during working hours can be qualified as absenteeism, which means that it can become a basis for dismissal. Therefore, if an employee needs to miss a working day for any reason, you must officially notify the employer about this and obtain his permission. To do this, the employee submits an application to the employer for time off at his own expense.

What is a leave

The Labor Code of the Russian Federation does not contain such a concept. Time off is usually understood as additional days of rest, in addition to weekends and public holidays as well as holidays.

Depending on the basis on which the day off is taken, three types of it can be distinguished:

1. By right. Compensation may only be granted if one of the following conditions is met:

• the employee is overtime, and the day off will not affect the development of the norm (Article 152 of the Labor Code of the Russian Federation);
• the employee went to work on a weekend or holiday (Article 153 of the Labor Code of the Russian Federation);
• if the employee is a donor and donated blood, he is entitled to a day of rest directly on the day of the procedure, and if he went to work, then he can be given time off on another day (Article 186 of the Labor Code of the Russian Federation);
• when working on a rotational basis, processing can be compensated by additional days of rest between shifts (Article 301 of the Labor Code of the Russian Federation).

2. On account of vacation. The law does not oblige the employee to use the vacation immediately in full. The Labor Code of the Russian Federation provides for the possibility of taking vacation in installments (Article 125 of the Labor Code of the Russian Federation). If an employee needs to be released from work for a day or two and does not want to lose money, he can use part of his annual leave for this purpose, and these days will be paid to him.

3. At your own expense. Such a day off is not paid, and it can be taken at any time, unless, of course, the management does not mind. The Labor Code calls such a vacation “vacation without pay” and regulates it in Art. 128 of the Labor Code of the Russian Federation.

Any time off must be documented, and in particular time off at their own expense. The sample application provided in this article can be safely used if you have such a need.

Who is entitled to leave

Unpaid rest days can be granted to any employee who makes a request to the employer. But whether this request will be granted depends on the leader. If an employee fails to give sufficient reasons for his absence from work, he may be denied time off.

• veterans;
• pensioners who continue to work;
• parents and spouses of servicemen who died in the line of duty;
• disabled workers;
• workers who died close relative or a child was born or who registered a marriage;
• applicants and students;
• in some cases, childcare workers;
• state and municipal employees, etc.

If they apply to the employer with an application for time off at their own expense, he is obliged to ensure the implementation of the right granted to them by law.

How to make and submit an application

The law does not require any deadline for filing an application. As a rule, the grounds for taking a day off arise spontaneously, and the employee can ask for it directly on the day on which he needs to be released from work. If the practice of interaction between management and employees that has developed at the enterprise allows such a procedure, the employee should not have problems.

As with any application by an employee in the labor field, the appeal in question must be made in writing. Compliance with this condition will allow the employee to protect his interests if his absence from work is regarded as absenteeism and will result in disciplinary punishment, including dismissal.

The application is made in the name of the head of the organization. It must indicate:

• the reason why the employee needs a day off (for example, in connection with the registration of marriage);
• the period during which the employee will be absent.

The employee signs an application indicating his full name. and position, and also puts down the date.

The employer considers the application and either refuses the employee's request, or issues an order to issue time off.

Sample application for leave at own expense