Drawing up and submitting an application for additional paid leave

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Published: 05/31/2016

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If an employee belongs to one of the categories of employees who are entitled to additional paid leave in addition to twenty-eight days, he has the right to take advantage of it.

To do this, he must write a statement. But first, the employee needs to carefully familiarize himself with his rights, since they are not the same for all categories.

• Legislation
• Document structure
• Design features
• Submission form

General rules for granting leave

Any employee with whom an employment contract has been concluded (Articles 114 of the Labor Code of the Russian Federation) has the right to annual basic paid leave. As a rule, its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). A person can apply for annual rest for the first year of work after six months of work with a specific employer (Article 122 of the Labor Code of the Russian Federation). Further rest is provided in accordance with the vacation schedule (if the new employee was included in it).

How to schedule annual leave for employees

No later than 2 weeks before the new year, the employer is obliged to develop a vacation schedule for the next year and familiarize employees with it.

The schedule can be drawn up using the standard T-7 form, or you can adapt it to the needs of your company

14 days before the start of the employee’s vacation, you must notify him of this in writing. Make sure the employee has read the notice and agrees to it. He can sign documents so that there is proof. Articles 122 and 123 of the Labor Code of the Russian Federation and Federal Law No. 90-FZ directly speak about the employer’s responsibility for this point. There is no established form for written notice of the start of vacation. You can compose it in any form.

The notice signed by the employee must be registered in a special “Vacation Registration Journal”.

Who is entitled to another vacation?

There are employees who are entitled to another vacation. According to Art. 116 of the Labor Code of the Russian Federation, it is provided:

• employees with irregular working hours;
• people working in harmful and/or dangerous conditions;
• citizens working in the Far North and equivalent territories;
• employees performing work of a special nature;
• it can be provided to other employees in accordance with the Labor Code of the Russian Federation or federal laws. For example, Art. 19 Federal Law dated June 26, 1992 N 3132-1 “On the status of judges in the Russian Federation” states that judges can exercise this right.

Cases when an employee can exercise this right are specified in the Labor Code of the Russian Federation and other regulatory legal acts. Let's see how many days of rest employees can claim:

Based on Art. 350 of the Labor Code of the Russian Federation, certain categories of medical workers may be granted one more leave. In addition, it is available to citizens working in representative offices of the Russian Federation abroad in countries with special conditions (Article 339 of the Labor Code of the Russian Federation), as well as athletes and coaches (Article 348.10 of the Labor Code of the Russian Federation). Its duration and conditions for its provision are determined by the Government of the Russian Federation (Part 2 of Article 118 of the Labor Code of the Russian Federation).

What types of holidays are there?

The application may be needed for various purposes.

Annual paid vacation

According to the law, workers are entitled to Article 122 of the Labor Code of the Russian Federation. The procedure for granting annual paid leave is at least 28 days of leave annually. But there may be more of them if a person works, for example, in hazardous Labor Code of the Russian Federation Article 117. Annual additional paid leave for employees engaged in work with harmful and (or) dangerous working conditions or in certain Federal Law of August 22, 1995 No. 151- Federal Law “On emergency rescue services and the status of rescuers” structures.

Leave without pay

At your own expense. This can be done by the Labor Code of the Russian Federation Article 128. Any employee can request leave without pay if he has valid reasons. The leader determines the level of respect at his own discretion. Allowing an employee to go on unpaid leave is the right, not the obligation of the employer.

An exception is made for certain categories of workers. For example, for working pensioners and part-time workers. They cannot be refused.

Study leave

If an employee is studying part-time or part-time in a bachelor's, specialist's or master's degree program at an institution with state accreditation, such a student is entitled to the Labor Code of the Russian Federation Article 173. Guarantees and compensation for employees combining work with higher education in bachelor's, specialty or master's programs, and employees for those applying for training in the specified educational programs, leave with preservation of average earnings:

• for passing exams in the first and second years, 40 days each, in subsequent courses - 50 days;
• to pass the state exam at the end of training and write a diploma - up to four months.

Vacation at your own expense is provided:

• for passing entrance exams - 15 days;
• for students of preparatory departments of universities to take final exams - 15 days;
• Full-time students who work at the same time have 15 days to pass exams, and four months to pass the state exam and defend their diploma.

Maternity leave

It is equal to the Labor Code of the Russian Federation Article 255. Maternity leave 70 days (in case of multiple pregnancy - 84) before childbirth and 70 (in case of complicated childbirth - 86, for the birth of two or more children - 110) - after.

Holiday to care for the child

Provided by the Labor Code of the Russian Federation Article 256. Leave to care for a child after maternity leave and can last until the child reaches three years of age.

Features of provision

1. It can be combined with part of the main rest. If the main one is taken in advance, then the additional one can be provided only with the consent of the employer. If a vacation is taken together with the main one, then one application is written indicating the temporary periods of rest. If additional leave is taken separately, the reason is usually indicated. For example, family circumstances. Here we have posted a sample application for main and additional leave:

1. The list of professions that are entitled to additional days off can be found in the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 (as amended on April 15, 2004, as amended on January 26, 2017) “On approval of the Instructions on the procedure for applying the List of production workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day.” Paragraph 18 of this Instruction states: if an employee has the right to be granted additional days off for several reasons, then the days are provided for only one of them (for example, he is an employee of the Far North and his work involves hazardous work).
2. Additional rest for citizens working in hazardous work is not compensated with money.
3. The minimum duration of additional rest for citizens engaged in hazardous work, according to the Labor Code of the Russian Federation, is seven days. If the company in which a person works, on the basis of local regulations, a large amount is established, such days off, at the request of the employee, can be replaced with monetary compensation. In this case, an additional agreement to the employment contract is drawn up.

How to apply

It can be provided either in conjunction with the main rest period or separately from it.

To receive the coveted days, you must contact your employer in writing. The form of appeal may be free, but may be established by the accounting policy of the organization. In the first case, you can use a suitable sample from those we offer below. In the second - in the established form, it is provided by the HR department.

After this, you will need to issue an order indicating the period of work for which the employee is granted additional vacation days. It is mandatory for the employee to be familiar with this order.

In addition, it is required to enter the data from the order into the T-2 card.

Sample application for additional paid leave

The application is written in any form. When compiling it, you can use our sample.

• the header of the application indicates the full name of the employer, as well as the full name of the employee;
• Title of the document;
• in the text you must formalize the request for additional rest, indicate the reason and period.
• Below you must indicate the date of preparation of the document and the signature of the applicant.

After writing the document, it should be submitted directly to the manager. After reading the application, the manager signs an order granting additional leave for the dates specified in the application. The employee must be familiarized with the order.

How to write an application

There are no strict requirements for the form. Perhaps your company has a standard version of the document that the HR department wants to see. Then it's better to ask them for a sample. But in general, the main thing is that the application contains all the necessary information.

Let's look at each block of the document.

Statement header

For all types of vacations it is issued in the same way. In the header - that is, the part that is usually located in the upper right corner, the position of the addressee, the name of the company, his first name, patronymic and last name, as well as from whom the application is being submitted, are indicated.

We write information about the addressee in the dative case (to whom?), about ourselves - in the genitive case (from whom?). The preposition “from” can be added or omitted; both approaches will be correct.

Title of the document

The word “statement” can be written in three ways:

1. With lowercase, that is, with a small letter and with a period after the word.
2. With a capital letter without a dot at the end.
3. In capital letters without a dot at the end.

Statement body

The occupancy will depend on the type of vacation. Here you need to describe the purpose of submitting the document and indicate the circumstances that can help achieve it.

Annual paid vacation

There are several options. If you are simply asking for leave, the entry will be very concise.

Please provide me with annual paid leave from September 1, 2022, lasting 14 calendar days.

Everything is clear here: after the preposition “from” the date of the first day of vacation is indicated, then the number of its days, which are counted from the specified date.

Sometimes vacation is taken right before dismissal. Then it is not necessary to write two statements for each event. You can combine them in one.

I ask you to provide me with annual paid leave from September 1, 2022, lasting 14 calendar days, followed by dismissal at my own request.

Accordingly, the last day of vacation will also be the final working day in the company.

If the company has approved a vacation schedule - and this should happen annually. Labor Code of the Russian Federation Article 123. Sequence of granting annual paid vacations - you don’t have to write an application. On the contrary, it is the employer who notifies you two weeks in advance that it is time to rest. However, if plans have changed, you can agree with your boss and move the rest time. Management is not obligated, but can accommodate. Then you will need to write an application to reschedule your vacation with a justification for why you were not satisfied with the old deadlines. The text might look something like this.

I ask you to postpone the annual paid leave established by the vacation schedule for 2022 in the amount of 14 calendar days from September 1, 2022 to October 1, 2022 due to family circumstances.

Leave without pay

The wording is similar to paid leave. True, you will have to clarify why you need days without work.

I ask you to grant me leave without pay for 10 days from September 1, 2022 due to the need to care for my grandmother after surgery.

If there are any circumstances in connection with which the employer cannot refuse you by law, it is better to indicate them in the application.

I ask you to grant me leave without pay for 10 days from September 1, 2022, as a working disabled person. I am attaching a certificate of disability.

Study leave

For leave with pay, the following application is suitable:

I ask you to provide study leave with the preservation of the average salary for the period from December 20, 2022 to January 30, 2022, lasting 40 calendar days, to undergo intermediate certification at the university.

I am attaching a letter of invitation from the educational institution.

Please note: the application must indicate the name of the educational institution. And the vacation period is not determined randomly; the period must coincide with the number of days indicated in the letter of invitation from the university.

For study leave at your own expense, the wording needs to be slightly changed.

I request that you be granted study leave without maintaining the average salary for the period from July 20, 2022 to August 4, 2021, lasting 15 calendar days, to take entrance examinations at the university.

I am attaching a letter of invitation from the educational institution.

Maternity leave

The statement is also very succinct.

Please provide me with maternity leave of 140 calendar days from September 1, 2022 and pay a lump sum benefit. Reason: certificate of incapacity for work dated August 15, 2022 No. 101 010 202 020.

Holiday to care for the child

Again, you don’t have to write a lot. You need to indicate why you are taking leave and for how long.

I ask you to grant me leave to care for the child Olga Evgenievna Agushina, born on November 10, 2022, from January 20, 2022 until she reaches the age of three years.

I ask you to assign and pay me a monthly child care allowance until he reaches the age of 1.5 years.

Date and signature

Under the application you need to indicate the current date and sign - nothing complicated. The date can also be written immediately after the word “statement”.

Sample application for compensation for additional leave

As we noted above, if an enterprise provides employees with more than 7 days off, at their request they can be replaced with monetary compensation. The exception is citizens working in hazardous industries.

To do this, the employee must contact the employer with a corresponding application, which will contain a request for payment of compensation. You can compose it according to our sample. Based on the application, the director of the enterprise will issue an order to issue monetary compensation to the employee. Regardless of the form in which the worker requests his additional benefits, he still retains the right to annual basic leave, consisting of 28 calendar days.

Additional leaves and the procedure for their provision

An employee receives the right to leave after 6 months of continuous work in one place, but if the employer is not against it, he can let the employee go on leave earlier than this period. By providing an employee with annual leave, the employer retains his job and average earnings. The main leave must be at least 28 calendar days per year, and some employees (minors, teachers) are entitled to “extended” main leave (Article 115 of the Labor Code of the Russian Federation).

Additional annual leave is a leave that is provided along with the main one, while the employee is also guaranteed to retain his job and average earnings. When determining the duration of the annual paid vacation, the main and additional vacations are added together. Holidays, non-working days that fall on additional leave, by analogy with the main leave, are not included in it and are not subject to payment (Article 120 of the Tax Code of the Russian Federation).

By agreement with the employer, vacation can be taken in parts, provided that at least one of its parts is equal to 14 calendar days (Part 1 of Article 125 of the Labor Code of the Russian Federation).

A distinctive feature of additional leave is the ability to replace it with monetary compensation, which is unacceptable in relation to the main leave (Article 126 of the Labor Code of the Russian Federation). Upon written request from the employee, additional leave can be replaced with compensation in full or in part. But for some categories, replacing vacation with money is prohibited by law, these are: pregnant women, minors, people working in harmful and dangerous jobs, but this does not apply to the payment of monetary compensation for unused vacation upon dismissal.

Employer's liability

If the employer refuses to provide employees with the required days, as well as in the case of refusal to pay monetary compensation for such leave, a fine may be imposed on the enterprise and its officials. And in relation to a legal entity, a decision may be made to suspend activities for a period of up to three months (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If an official is repeatedly held accountable for such an offense, the official may be disqualified for up to three years.

Who is granted additional paid leave for irregular working hours according to the Labor Code of the Russian Federation?

So, Art.
119 of the Labor Code of the Russian Federation determines that for employees whose working day is not strictly defined by any time frame, the employer company must, in addition to the standard annual leave, provide several more days of vacation as compensation for such a work schedule. In this regard, the first thing that worries a company that is going to establish an irregular schedule for its specialists is the composition of the people to whom the legislator allows such a schedule to be introduced in principle. The Labor Code of the Russian Federation does not establish a special list of such positions/professions. However, at the same time, it prescribes that the company must approve a specific list of these persons. It can be approved, for example, by a collective agreement, a separate internal agreement or some other internal regulatory document (Article 101 of the Labor Code of the Russian Federation).

Important! An employee must remember that if he is invited to a position that requires periodic overtime, then his employment contract with the company must contain a clause on irregular hours (Article 57 of the Labor Code of the Russian Federation).

In addition, the Labor Code of the Russian Federation defines such a work schedule as the occasional involvement of specialists in overtime work if there is a production need (Article 119). This means that before including any position at an enterprise in the list with an irregular schedule, it is necessary to have a justification that the work function performed by a specialist cannot exclude the occurrence of tasks that will require spending some time outside the standard working hours.

The employee also should not forget that, as follows from Art. 119 of the Labor Code of the Russian Federation, an irregular schedule is episodic work, which means that a company does not have the right to regularly force an employee to work late, even if there is a justified reason for this.

Please pay attention! Working with an irregular schedule is not overtime work (Article 97 of the Labor Code of the Russian Federation), for which the legislator has established a clearer time frame (no more than 120 hours per year), as well as other grounds for involvement (with the written consent of a specialist, while with an irregular schedule, such employee consent is not required).

For more information about overtime work, see the article “When is it permissible to engage an employee to work overtime?”

Procedure and rules for granting leave for irregular working hours

So, as mentioned above, specialists who hold a position with an irregular schedule can count on additional leave for irregular working hours (according to the company’s internal documents).

But here the question arises regarding the duration of such leave. Namely, in Art. 119 of the Labor Code of the Russian Federation, the legislator established the minimum amount of vacation - 3 calendar days. Consequently, a company can provide in an internal document (for example, in a collective agreement) a longer amount of additional leave for irregular working hours.

Please pay attention! The company can set its own duration of additional leave for each individual position that requires work on an irregular schedule.

But how exactly for each individual specialist should the company calculate the number of days of additional leave due to him for irregular working hours? After all, for example, standard annual leave, as well as leave for hazardous work conditions, are provided in proportion to the number of days actually worked by a specialist in the company (for leave for hazardous work conditions - in working conditions that negatively affect his health).

Should a similar, proportional calculation scheme be applied in a situation with additional leave for irregular working hours?

The Labor Code of the Russian Federation does not contain any explanations in this regard. At the same time, the regulatory authorities expressed the following point of view: the basis for a specialist to receive additional leave for an irregular working day is the fact that the employee works in a position that the company, in its internal document, correlates with a non-fixed working day. The legislator does not provide for the condition that the amount of leave provided corresponds to the number of days actually worked according to an irregular schedule (letter of the Ministry of Labor dated 08/18/2017 No. 14-2/B-761, Rostrud dated 05/24/2012 No. PG/3841-6-1).

Therefore, any specialist for whom, by virtue of the internal regulations of the company (and his employment contract), an unfixed work schedule has been established, must receive additional leave for an irregular working day in the full amount that the employer has established for him, even if in fact the employee has never been late at work until late.

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