Rules for writing an application for time off at your own expense (without content) + design samples


Example of an application for time off at your own expense (without pay)

To the Director of Perspektiva LLC

Medvedev N. A.

From the Sales Director

Nikitina O. P.

Statement

I request a day off on June 3, 2022, without pay due to health reasons.

06/02/2020 Autograph of the applicant

Nikitina O. P.

Remember: you can get the appropriate medical certificate or sick leave from your doctor. After your planned time off, you can show them to your employer.

Citizens fill out such forms for very sad reasons:

To the director

LLC Megaalf"

Kuznetsova A.V.

Statement

on granting leave without pay

In connection with the death of Kiselev’s father, Maxim Andreevich, on February 15, 2020, I ask that you grant me unpaid leave of 5 (five) calendar days from January 15 to January 19, 2020.

Filchenko/ Filchenko Yu.M 02/15/2020

Legislative acts regulating administrative leave

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

Legislative actScope of regulation
Article 128 of the Labor Code of the Russian FederationRegulates the provision of unpaid leave to WWII participants, disabled people, parents and widows of military personnel, employees of other government agencies who died in the line of duty or died as a result of injuries and diseases received during service;
persons entering into marriage, at the birth of a child, or at the death of close relatives. This article also regulates the provision of leave without pay in other cases.
Article 173, 174 of the Labor Code of the Russian FederationRegulation of the work of persons combining work with education
Article 263 of the Labor Code of the Russian FederationRegulates the provision of administrative leave in accordance with the collective agreement
Article 286 of the Labor Code of the Russian FederationRegulation of the work of persons working part-time
Article 319 of the Labor Code of the Russian FederationLeave without pay for parents (legal representatives) of children under 16 years of age working in the Far North and equivalent territories
Federal Law of June 12, 2002 No. 67-FZ, Article 43Period of authority of trustees
Federal Law of January 09, 1997 No. 5-FZProviding administrative leave to Heroes of Social Labor, Heroes of Labor of the Russian Federation, full holders of the Order of Labor Glory
Federal Law of January 12, 1995 No. 5-FZ “On Veterans”Providing administrative leave to war invalids, combat veterans, and holders of the “Residents of Siege Leningrad” badges
Federal Law of May 27, 1998 No. 76-FZProviding administrative leave to spouses of military personnel
Federal Law of May 18, 2005 No. 51-FZPeriod of office of a member of the election commission

Sample application for time off for future vacation

General Director of Zvezda LLC

Terentyev M. A.

From the head of the AHO

Petrova E. A.

Statement

I ask you to provide the days off on May 24 and 25, 2022 as vacation time.

05/22/2020 Applicant's autograph

Petrova E. A.

Such an application is usually completed by working citizens. It is somewhat different from other statements. When compiling it, the employee should take into account the following simple requirements.

The application can be submitted in two ways:

  1. In advance at the expense of vacation days, but the person must work this day off.
  2. Due to vacation days already available, but not used by the person.

Remember: when applying for leave, a citizen receives monetary compensation. But if they were given leave without pay, then they should not expect money.

How to write an application for time off from work?

There is not a word in the Labor Code of the Russian Federation about what “time off” is.

Overall, this is a vacation:

  • without paying the person monetary compensation;
  • provided to a person for those days that he previously spent overtime at work;
  • provided to a person at the expense of days that, according to the law, will be considered vacation leave for him in the future.

Remember: before filing an application, you must discuss all the nuances with your employer and resolve all problems in a civilized way.

There is no specific form for completing the application. It is drawn up by hand or typed on a computer. It is drawn up in any form.

But it must contain:

  1. Full name of the person to whom this application is intended.
  2. Full name and position of the person preparing this application.
  3. Title of the paper.
  4. Text with a request from the constituent person. The reason for the application and the expected date of leave must be indicated.
  5. Date of preparation of the paper.
  6. Signature of the person applying, transcript of the signature.

Documents that show the employee’s need for this leave must be attached to the completed document. This could be a copy of a marriage certificate, the birth of a child, or the death of a close relative.

Remember: the form must have the signature of the manager. Without it, the application is considered invalid.

After the document is signed by the manager, the company issues an appropriate order according to which the person is granted time off.

At the beginning:

  • The head of the unit or other authorized person draws up and prints out the order.
  • The head of the company or another person authorized by him signs the completed document.

Remember: if only, for example, the shift manager signed a document, then it does not carry any semantic meaning.

  • The applicant examines the signed order and signs the relevant document.

Remember: if an employee goes on vacation before drawing up an order in the organization, this will be considered absenteeism.

Do I need to pay?

To answer the question of what time off is under labor law, you need to analyze the norms of the Labor Code of the Russian Federation and law enforcement practice. The concept of time off according to the Labor Code of the Russian Federation does not exist, but we are accustomed to using this word when we are talking about leave without pay or additional days off on account of the next annual paid leave. But if an employee does not take advantage of the right to rest in a timely manner, does he have the right to demand compensation for unused time off upon dismissal?

The Samara Regional Court had to resolve this issue. The claim was filed by an employee who had accumulated 41 days off for previously worked time, and he did not receive double pay from the employer. For the days that were not used, the former employee planned to receive compensation upon dismissal. He believed that payment for time off for working on a day off is calculated on the same principle as payments for unused vacation are calculated.

But the judges disagreed. The Appeal Determination No. 33-7034/2020 dated June 11, 2019 states that the Labor Code of the Russian Federation does not contain a rule requiring payment of compensation for unused time off. And although the Labor Code of the Russian Federation does not clearly indicate what time off is, it cannot be equated to vacation, which is what the employer did by refusing to pay compensation.

What to do if you don’t give time off at work?

According to the law, a citizen has the right to receive vacation at the time he wishes. But if an employee’s absence from work can negatively affect the entire production process, then the company may not give him time off.

The employer's decision is also influenced by:

  • previously planned vacation period;
  • short work experience of the employee;
  • the employee is on probation;
  • frequent registration by the employee of additional leave, time off, and sick leave;
  • systematic violation of labor discipline by an employee;
  • the attitude of the team towards this employee, his reputation, qualifications.

Remember: there are situations when a company cannot refuse to give an employee a vacation.

This happens if a person:

  • was present at work outside of his working hours, this processing is recorded in the appropriate form;
  • was on duty on a day considered by law to be a day off or a holiday;
  • I recently donated blood. Moreover, he is given time off precisely on the day of blood donation;
  • takes time off without paying him due to family problems. Such an occasion could be a wedding celebration, the birth of a baby, or the death of a relative. Moreover, a person is given vacation for 5 days, but he is not paid for these days.

Remember: from January 1, 2019, an employee of any organization can take time off and spend it on undergoing a medical examination.

He will also need to fill out an application. Time off is granted for 1 day and only once every 3 years.

Citizens of pre-retirement and retirement age are given a 2-day leave also once a year.

But in order for the company to actually provide the employee with the time off he planned, he should influence the current situation in advance.

He needs:

  1. Agree in advance with a colleague who will work the hours he will be at home. Very often, employers do not give a citizen time off only because there is no one to replace him at the workplace, during working hours.
  2. Get all or most of your work done.
  3. Agree with your superiors that the employee will quickly complete his work after he returns from his planned vacation.
  4. Obtain from a doctor a sick leave certificate or other certificate indicating that the employee was at home due to the illness of his minor child or other serious family circumstances. You should inform your employer about the current situation in advance.

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 :

Category of citizensDuration of vacation
WWII participantsup to 35 calendar days every year
Pensioners by ageup to 14 days annually
Parents and spouses of military personnel, police officers, fire service officers, drug control services, customs officers, penitentiary systems, who died during the performance of duty or who died as a result of a disease arising in connection with their serviceup to 14 days annually
Disabled peopleup to 60 days annually
Birth of a child, marriage, death of loved onesup to 5 days
Invalids of warup to 60 days annually
Combat veteransup to 35 days annually
Awarded the badge “Residents of besieged Leningrad”up to 35 days annually
Heroes of Social Labor, Heroes of Labor of the Russian Federation, full holder of the Order of Labor Gloryup to three weeks annually
Obtaining higher professional education:
Applicants15 days
Full-time students· 15 days for intermediate certification
· 4 months to prepare final work and pass state exams

· 1 month for passing state exams

Obtaining secondary vocational education:
Applicants10 days
Full-time students· 10 days for intermediate certification;
· up to 2 months – passing the state examination test
Part-timersIf the vacation at the main place of work is greater than at a part-time job, the number of days equalizing the duration of vacation is provided
TrusteesFor the period of office
Military spousesThe amount of leave that equates leave at the main place of work with the leave of a military personnel
Member of the election commissionFor the period of office
Parent (legal representative) of a child under 16 years of age working in the Far North and equivalent territories1 day per month
In accordance with the collective agreement:
· parent (legal representative) of two or more children under 14 years of age

· parent (legal representative) of a disabled child under 18 years of age

· single mother/single father of a child under 14 years old

up to 14 calendar days

Let's summarize

There is no need to be afraid that the employer will not sign the application for time off. It is important that the citizen warns him in advance, explains the whole situation, gives compelling arguments, helps him understand the current situation, then there will be no problems with submitting an application, its consideration, receiving money, and relations in the work team will not be damaged.

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