Application for administrative leave (sample application)

Application for administrative leave for 1 day

When writing an application for administrative leave, the following aspects are taken into account:

• formulated in a free manner;
• addressed to the manager;
• the application must indicate the start date and end date of the vacation;
• indicate the number of vacation days;
• the reason that served as the basis for the decision to take leave without pay is indicated.

For example:

General Director of LLC "ABV"

Molodtsov M.M.

head of legal department

Znaykina Z.Z.

Statement

I request that you grant me administrative leave for 1 day on 03/27/2017 for family reasons.

March 24, 2017

Znaykin Z.Z. _______________

(signature)

When filling out an application, you must be guided by Article 128 of the Labor Code of the Russian Federation.

Grounds and procedure for provision

Administrative leave at the initiative of an employee, the maximum period of which is not limited by law, is granted upon a written application from the employee, agreed upon with the employer. Usually people ask to be released from work for a period from several days to a couple of weeks - some need to finish repairs, while others have decided to take an unplanned vacation. But sometimes such absence can last for several years, for example, a woman is forced to stay at home with her child for more than the three years required by law, and the manager does not want to lose a valuable employee and has the opportunity to accommodate him. The only exception in this matter is civil servants - for them, unpaid holidays cannot last more than one year.

When time off is provided by agreement with management, the application can simply be written “for family reasons,” without specifying these circumstances. If a person asks to be given administrative leave by virtue of the law, then the application must indicate the basis and attach the relevant document, for example, a certificate of disability. Based on the employee’s application, the employer issues an appropriate order or instruction, which the employee must be familiarized with and signed.

Sample application for administrative leave 2020

Who is eligible for administrative leave?

Administrative leave is granted by agreement with the manager, but it must be understood that an employee may be refused this leave due to an unjustifiable reason in the opinion of the enterprise administration.

The legislation still obliges the manager to provide administrative leave to the following categories of citizens :

What could be the grounds for absence?

As a general rule, granting administrative leave is the authority of the employer, who decides how valid the reason for absence is.

The legislation provides for 2 options for grounds for absence from work without pay:

1. For family reasons.
2. According to the law, when the request comes from employees who belong to certain categories of citizens.

Unpaid leave is often granted based on the conditions specified in the collective agreement. Before making a decision, the enterprise clarifies how valid the refusal will be.

For family reasons

If an employee has applied to management with a request to be allowed to be absent from the workplace for several days for personal reasons, the decision is made at the discretion of the administration, based on production necessity and the seriousness of the reasons. Administrative leave is intended to resolve urgent issues related to the employee’s family or himself.

Common reasons for absence from work for personal reasons include:

1. Birth of a child.
2. Death of a close relative.
3. Need for rest.
4. Marriage registration.
5. Celebrating an anniversary (including memorial dates for relatives).
6. Conscription of my son into the army.
7. Organization of sanatorium treatment for children, travel support.

The Labor Code does not contain special explanations as to what reasons are valid when registering several days without pay. The reasons for such leave being granted to an employee are specified in the collective agreement.

• Is a father entitled to leave at the birth of a child?

Often the birth of a newborn, marriage or funeral of a family member are grounds for receiving a 5-day leave if the person provides supporting documents from the registry office or maternity hospital. However, these same reasons also serve as the basis for obtaining the right to be absent for several days legally.

Most often, the collective agreement specifies the privileges of providing additional days in the following situations:

• if there are 2 dependent children under 14 years of age;
• raising a disabled child under the age of 18;
• when raising a child under 14 years of age in a single-parent family.

Additional days are added to the paid one, or used in parts.

Download a sample application for administrative leave (29.0 KiB, 300 hits)

For legal reasons

In some cases, the administration does not have the right to prohibit vacation at its own expense, which means the employee is not required to obtain permission. Registration of leave is of a notification nature, when the employee simply notifies management of a possible absence from work for the period strictly specified in the application.

To find out the conditions under which administrative leave can be granted without the consent of the employer, you should study the provisions of Articles 128 and 173 of the Labor Code of the Russian Federation. Based on the law, the following persons have the right to take advantage of the right to leave at their own expense:

1. For persons who have been assigned the status of “WWII participant”, up to 35 unpaid days a year are provided.
2. For working pensioners (upon reaching retirement age), the duration of absence does not exceed 14 days.
3. If there is a military spouse, an employee of the Ministry of Internal Affairs, the fire service, customs, the drug control service, the penal system, a deceased, injured, injured, shell-shocked relative of a military serviceman, the employee has the right to ask for an unpaid 14-day vacation.
4. For citizens with limited physical abilities, the rest period reaches 60 days.

Based on Art. 173-174, 286, 319, the state imposes an obligation on the employer to arrange leave upon a person’s first request.

Employer's liability for failure to provide administrative leave

Failure to provide administrative leave to an employee who is legally entitled to use this leave falls into the category of violation of labor legislation and entails administrative sanctions (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

For example: At GDE LLC, the general director refuses to grant administrative leave to sales manager Kopeikina K.K., who is the spouse of a military serviceman. In her application, the employee indicated that this leave, lasting 4 days, would coincide with her husband’s leave and attached an extract from the order.

In this case, the general director violates Article 5.27. Code of Administrative Offenses and can be held accountable as an official by warning or imposing a fine of 1000-5000 rubles, or an administrative penalty can be imposed directly on GDE LLC with a fine of 30,000-50,000 rubles.

What to pay attention to

Sometimes the initiative to send employees on administrative vacation comes from the employer, for example, in the absence of workload or due to financial problems. It is worth keeping in mind that forcing employees to take unpaid rest is a gross violation of labor legislation, for which administrative liability is provided. The employer's initiative in this matter can only be expressed in inviting employees to write appropriate applications for leave without pay, to which employees may agree or disagree.

Procedure for calculating administrative leave

When calculating administrative leave, it is recommended to be guided by Article 121 of the Labor Code of the Russian Federation. The fact is that when calculating annual regular leave , the length of service that does not affect the amount and provision of leave does not affect only 14 days , which the employee decided to use at his own discretion by writing a statement about it. Administrative leave exceeding the 14-day amount specified by law will have an impact when calculating the next leave.

The calculation of the next vacation, as is already known, depends on the vacation without pay and can be made using the following formula:

Mo - the number of months that a person worked

Ku - the number of vacation days that will be provided to the employee

Ko - the number of planned vacation days, which are regulated by law

When calculating months worked, you can use the following formula:

* value is rounded to the nearest whole number

For example: a kindergarten teacher was on leave without pay for 34 days. The teacher's vacation is 42 days. How much vacation time can a teacher expect?

The calculation of the next leave is influenced by the part of the administrative leave exceeding 14 days, which in this case is 20 days.

So, it is necessary to calculate the number of months worked: Mo=222/22=10.09=10

Now we count the number of vacation days: 10/12 = Ku/42, Ku = 34.99 = 35 days

JSC duration

At the employee’s initiative, the application may indicate any duration of rest. The minimum period is registration of JSC for 1 day.

The maximum period is not established by the legislator; the parties have the right to independently agree on the boundary period.

Important: AO lasting more than two weeks (14 calendar days) is not included in the length of service for calculating the mandatory vacation period, which is paid and provided once a year.

The grounds and time limits for staying on vacation at your own expense can be established in the collective agreement of the enterprise. Sometimes local acts provide for the provision of financial assistance, for example, at the birth of a child to an employee.

A collective agreement cannot reduce the number of vacation days guaranteed by the Labor Code.

Legislative acts regulating administrative leave

The documents regulating administrative leave are presented by the following legislative acts:

Drawing up an application

An appeal to the head of an enterprise or organization regarding the provision of administrative leave is drawn up in any form with the inclusion of several mandatory structural elements in the text of the application.

You can download a sample application for administrative leave as part of this article. You need to personalize it by entering the following information in the lines provided:

• employer name:
• Full name, position, place of work of the employee;
• the reason why the employee requests leave at his own expense;
• the date from which he wishes to receive leave;
• duration of the desired vacation.

The signed application is submitted either directly to the manager or to one or another department of the enterprise responsible for receiving applications.

Based on the results of consideration of the application, the employer will either issue a leave order or refuse to provide leave, putting a corresponding resolution on the employee’s application.

Sample application for leave without pay

Procedure for taking leave without pay.

The basis for granting leave without pay is a written application from the employee.

The application is written in free form addressed to the head of the organization and must contain the start date of the vacation, its duration and reason or preferential basis. If the reason for leave is not unconditional, and the employee does not belong to preferential categories, then the application must contain a resolution from a superior manager.

Based on the application, an order to grant this leave is issued and signed.

The employee gets acquainted with the order against signature.

Please note that the employer does not have the right to send an employee on unpaid leave in order to save on payments for downtime, etc. If such facts are established (for example, following a complaint from an employee), the labor inspectorate has the right to fine the organization in the amount of 30-50 thousand rubles, and its manager in the amount of 1000-5000 rubles.

Sample application when an employee is entitled to leave in accordance with the law:

To the director of PJSC “Start” Popov A.V. from the leading engineer of the production department Kuzmin L.D.

Statement

on granting leave without pay

I ask you to grant me unpaid leave of 5 (five) calendar days from February 3, 2022 to February 7, 2022 in connection with the birth of a child

Date: 01/31/2021

(signature) Kuzmin L.D.

In the example presented below, the employee requests a leave of 10 days, of which 5 days are allotted to him in accordance with the Labor Code of the Russian Federation and 5 days are provided with the consent of the administration.

To the director of Polet OJSC, Pervushin A.V., from a specialist in the marketing department, Nikolaev L.D.

statement

on granting leave without pay

I ask you to grant me leave without pay for 10 calendar days from June 1, 2022 to June 14, 2022 in connection with the registration of marriage..

Date: 05.15.2021

(signature) Nikolaev L.D.

I don't mind

Head of the Marketing Department

(signature) P.M. Suslov

Application for leave without pay in the case where leave is granted with the consent of the administration:

Director of Furniture Solutions LLC Avdyukhov A.S. from accountant I.V. Panyushkina

Statement

on granting leave without pay

I request that you grant me unpaid leave of 14 (fourteen) calendar days from July 3, 2021 to July 16, 2022 due to family circumstances.

Date: 06/29/2021

(signature) Panyushkina I.V.

"I don't mind"

Chief Accountant

(signature) E.V. Zubova

How to take time off at your own expense for family reasons?

There are a huge number of cases of granting leave without pay. It is simply impossible to list them due to their diversity.

This is explained by the fact that the reasons for the need for such leave are, as a rule, family circumstances, be it the illness of a relative, the urgent departure of the employee himself, the need to visit one or another organization whose opening hours coincide with the working hours of the worker, etc. In any case, the validity of such reasons is assessed by the employer in each specific case.

The main and necessary condition for obtaining leave is the timely submission of an application to the manager indicating the reasons for the leave and the subsequent issuance of the corresponding order.

How leave is granted and what needs to be done to get it, we will consider further.