How to go on vacation without pay

When leave without pay is granted under the Labor Code of the Russian Federation

Leave without pay within the meaning of Art. 128 of the Labor Code of the Russian Federation is provided primarily in connection with the personal circumstances of the employee. Leave must be given in the following cases:

• birth of children;
• marriages;
• death of loved ones.

As for the employee’s other personal situations, the employer can give him leave himself if he deems it necessary.

In addition, the Labor Code of the Russian Federation provides for additional free time:

• for disabled workers;
• working pensioners;
• veterans.

What is considered a valid reason?

There is no established list of valid reasons in Russian legislation. Therefore, the employer has the right to independently decide whether the employee has a valid reason for the vacation he wants to take.

How is unused vacation paid? More details

Vacation periods that the employer is required to provide

These periods depend on the reasons for leave and are specified in the Labor Code of the Russian Federation or Federal Law.

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

• from 5 to 60 calendar days - according to Art. 128 Labor Code of the Russian Federation;
• from 10 days to 4 months - according to Art. 173 and 174 (for unpaid study leave);
• the estimated number of days required to comply with the required main vacation time (for example, for an external part-time worker).

According to the Federal Law, the deadlines can be:

• tied to the performance of civic duties (for example, members of election commissions are granted leave during the election period);
• are specifically defined (for holders of relevant statuses and titles, for example Hero of Labor);
• established based on the estimated number of days required to comply with the Federal Law (for example, when a military man and his wife are on simultaneous leave).

Which employees can take a maximum of one year of unpaid leave?

Civil servants may request leave without pay for family reasons or other valid reasons for a period of no more than one year. It is provided upon a written application from the employee by decision of the employer’s representative. This is stated in Part 15 of Art. 46 Federal Law “On the State Civil Service of the Russian Federation”.

Municipal employees have a similar right, as follows from Part 6 of Art. 21 Federal Law “On municipal service in the Russian Federation”. This provision does not indicate that there must be family circumstances or other valid reasons.

Registration of leave without saving earnings (nuances)

Vacation without pay begins to be issued, like all others, with an application. A special feature in this case is that the application must indicate the reason why leave is needed.

If leave at your own expense is mandatory, supporting documents must be attached to the application, for example:

• certificate of summons from an educational institution - for study leave without pay;
• an extract from the order (or a copy of the order) for leave for the main job - to provide additional days for external part-time work, etc.

If documents are not yet available at the time of requesting leave (for example, a birth or marriage certificate), they should still be presented to the employer after the leave (when they are ready). Otherwise, management will have the opportunity to count vacation days without saving earnings as absenteeism.

In any case, leave is issued by a separate order.

A selection of forms from ConsultantPlus will help you correctly prepare all the documents for a vacation at your own expense. If you do not yet have access to this legal system, trial access can be obtained for free.

A sample annual leave order can be downloaded here.

In subsequent calculations of average earnings, days of unpaid leave are excluded.

For calculations related to vacation experience:

• vacation days at your own expense from 1st to 14th are included in the calculation;
• days from the 15th onwards are not included.

Important! ConsultantPlus explains In this case, the end date of the working year is shifted by the number of days excluded from this length of service. In this case, in the order for the provision of annual paid leave, issued according to the unified form N T-6, in the column “for the period of work” the working year is indicated with offset dates (Letter of the Ministry of Labor of Russia dated November 23, 2018 N 14-2 / ​​B-933, Letter of the GIT in Moscow dated 06/04/2020 N 77/10-20669-OB/18-1299). For example... You can view the example in K+ by getting free trial access.

If an employee required additional leave without pay during the probationary period (internship), the days of vacation during the probationary period (internship) are not counted.

The employer may entrust the duties of an employee who has gone on vacation to someone else or hire a temporary employee for these purposes.

An employer cannot require an employee to interrupt his vacation at his own expense. But he may refuse to take into account working days for an employee who himself decided to interrupt his vacation before it ends.

How to take a year off?

To receive leave at your own expense (including for a period of a year), you need to write a corresponding application addressed to the employer. It is drawn up in any form or according to a model approved by a specific organization. If necessary, the application must be accompanied by certificates, certificates and other documents confirming the family circumstance or good reason.

Will holidaymakers in Russia be given additional leave? More details

As a rule, the application indicates the following details:

• surname and initials of the official in whose name it is drawn up;
• surname and initials of the applicant;
• title - “Statement”;
• a request for leave indicating its duration, start and end dates, reasons;
• date of drawing up the application and personal signature of the compiler with transcript.

If the employer signs the employee’s application, based on it, an order is issued to provide him with unpaid vacation days.

Sample application for leave by agreement with the employer

Example

Employee Kovaleva I.K. is the mother of three school-age children. The enterprise's collective agreement provides for unpaid leave for up to 14 days for employees raising 2 or more children under 14 years of age (Article 263 of the Labor Code of the Russian Federation). According to the schedule, Kovaleva goes on her main vacation from 08/01/2021 to 08/28/2021 and wants to add 4 days to it at her own expense to prepare her children for school.

STATEMENT

I ask you to grant me additional leave without pay from 08/29/2021 to 09/01/2021 in connection with the preparation for school of children born in 2005, 2008 and 2010 (based on clause 10.12 of the collective agreement)

Results

Leave without pay is a measure to support employees in cases where it is not possible to take other types of leave, but free time is necessary. Both employees and employers should be aware of the legal requirements regarding such leave.

Sources: Labor Code of the Russian Federation

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Own type of time and type of accrual for registering lateness or absence from work

If you are not satisfied that in the Working Time Sheet lateness will be indicated by the letter code “ VP ” ( Downtime due to the fault of the employee ) or you are confused by the type of accrual Intra-shift downtime due to the fault of the employee , then you can create your own type of time and your own type of accrual.

To do this, you should copy the type of time Downtime due to the fault of the employee , give it a name - Lateness and a letter designation - “ HMO ”. The value in the Main time is left unchanged - Downtime due to the fault of the employee :

By copying the accrual for Intra-shift downtime due to the fault of the employee, we create a new accrual type - Absence from work (lateness) and select in it on the Time Accounting in the Type of time the type of time created in the previous step - Lateness . We leave the remaining details unchanged:

Since two types of accrual appeared with the same purpose of accrual - Downtime due to the fault of the employee, drawn up by the same document - Downtime of employees , then in the document Downtime of employees the Accrual field appears :

The current releases of ZUP 3.1.3.274 have a feature for working with the Employee Downtime . If you create a document and select the type of downtime Due to the fault of the employee , check the Downtime during part of the shift , then the Accrual will be blocked for changes. To make it available, you must select another type of downtime, and then return to the previously selected one - Due to the fault of the employee . Then you can select the type of calculation Absence from work (lateness) :

There is another option for formatting the Employee Downtime in current releases. To do this, in the created document, leave the default value in the Type of downtime - Independent of the employer and employee and check the Downtime during part of the shift . Then we indicate the required type of downtime - Due to the fault of the employee . After this, you can select the created type of calculation - Absence from work (lateness) .

Let employee Dyatlov V.G. January 20, 2022 was 2 hours late. The employee's salary is set at 20,000 rubles.

In this case, January 2022 is indicated Month and 01/20/2017 in the Date . In the Type of downtime , select the value Due to the fault of the employee and check the Downtime during part of the shift using one of the methods described above. In the Downtime Date 01/20/2017 is indicated , and in the Downtime Hours , the value “2”. Employee V.G. Dyatlov :

The employee is not paid for this time. Therefore, in the document Calculation of salaries and contributions for January, the number of hours worked will be reduced by 2 hours:

• 136 (standard hours for January) – 2 (hours late) = 134 hours.

The payment amount will be:

• 20,000 (Salary) / 136 (standard hours for January) * 134 (hours worked for January) = 19,705.88 rubles.

In the Time Sheet, lateness or absence from the workplace will be indicated as “ HMO ”:

This time is not displayed in the personal card (T-2)

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