In all cases, leave is granted to the employee on the basis of an application for leave, depending on the type of leave.
All types of vacations and their features are discussed in detail in the bookkeeper's Practical Encyclopedia of Accountants. Employees may be granted the following types of leave:
- regular annual
- additional;
- training;
- for pregnancy and childbirth;
- for child care;
- without pay.
When to write a leave application
An application for leave is required to be written in the following cases:
- this is the first vacation at a new job after the employee has worked for more than six months (accordingly, it may not have been included in the existing vacation schedule);
- extraordinary leave is requested (for example, for pregnancy or in connection with training).
We will tell you more about how to correctly write a vacation application for the 2022-2022 model later in the article. It is important to note that this document can be drawn up by hand or printed on a printer, but the applicant’s signature must be made in his own hand.
In what cases does an employee need to apply for leave? How long does it take to write a document? What is the retention period for employee statements? ConsultantPlus experts answered these and other questions, and also explained in detail the procedure for filling out an application for leave. If you do not have access to the K+ system, get a trial online access for free.
Situation
In life, this may happen when an employee turns to his manager to grant him leave on account of future paid holidays from the beginning of the working week to its end, spending 5 calendar days out of 28 provided for by law, and actually resting for 7 days.
What duration should be taken into account in this option? The answer to this question is reflected in the Labor Code of the Russian Federation (Article 125 of the Labor Code of the Russian Federation), which states that any division of vacation days is agreed upon by the employee together with the management of the institution, therefore, the approval for splitting the vacation period rests with the employer.
Article 115 of the Labor Code of the Russian Federation provides for a minimum duration of annual paid leave of 28 days. But any person always has a desire to relax a little more, and, preferably, at the expense of the company. To solve this problem in order to extend rest within the limits of legal norms, the following methods can be proposed:
- Write a request to add time off to the vacation for overtime.
- Get rest from the first day after the holiday ends. In this option, you can go on a tourist tour earlier - from the day the holidays begin.
- You can extend your vacation if you get sick while on vacation. In this option, the rest will be extended by the days shown on the sick leave (Article 124 of the Labor Code of the Russian Federation).
- Among other things, the Labor Code of the Russian Federation regulates additional days of rest for a number of categories of working persons, namely:
- For minor workers, 3 additional days are provided.
- For the category of persons engaged in teaching work, depending on the position and place of work, a vacation of 42 or 56 days is provided.
- For working people involved in the production of chemical weapons, the duration of rest is 56 or 49 days.
- Disabled people (of any group) have the right to a 30-day vacation.
- Persons engaged in professional emergency rescue work also have the right to longer rest, which, depending on the length of continuous work experience, can be 30, 35 or 40 calendar days.
- Additional rest of 3 or more days is granted to persons working irregular working hours or in hazardous work.
- Working people located in the Far North and regions equivalent to it also have the right to additional rest. The duration of additional days of rest can reach up to 24 (Article 14 of the Law of the Russian Federation No. 4520-1 of February 19, 1993).
Often citizens working in institutions wonder: when to apply for their vacation plans? The legislation provides for the following deadlines for applications in this regard:
- On the eve of the vacation, according to the schedule, the company's management is obliged to notify the employee 14 days in advance about the upcoming turn and there is no need to submit an application (Article 123 of the Labor Code of the Russian Federation).
- The time for submitting an application for rest outside the vacation schedule is not defined by law. Most often, such a question is determined by agreement with the boss, since it takes time to issue an order and find a replacement for the period of performance of the vacationer’s duties.
How to write a vacation application: step-by-step instructions
How to write a vacation application? Before drawing up an application for leave, you need to visually divide the sheet of paper on which it will be written (preferably in A4 size) into 4 parts:
- In the upper corner on the right you should indicate the exact name of the position and full name of the head of the enterprise, and below provide your personal data and position (you should also indicate the structural unit if the employee does not work in the parent company).
- In the center of the page you must write the name of the document.
- After this, from a new paragraph you should reproduce your request, indicating the type of leave and its duration.
- Under everything written above, you will need to put the date of the document and your own handwritten signature.
If you have difficulties with how to write a vacation application, you can ask your company for a sample vacation application form - as a rule, the employee responsible for personnel production (or an accountant) always has it on hand. You can also make a statement using our example (it is given below).
Without salary (at your own expense)
According to the law, every employee has the right to receive exemption from work for family reasons for the following period:
- up to five days - to all employees;
- up to fourteen days – for employees of retirement age;
- up to thirty-five days - for combat veterans;
- up to sixty days - for employees with disabilities.
The document is drawn up according to a standard template. The management has the right to demand a certificate that would confirm the reason for the need to receive leave. In case of their absence, unpaid leave is not provided. If the employee does not show up for work during this period, this will be recorded as absenteeism, and he will have to face administrative proceedings up to and including dismissal.
The employer independently decides whether to grant an employee leave of absence from work unless the reason relates to, for example, family circumstances. The employee draws up a document in a standard form. The text is formatted in any form.
After drawing up the application, an order is issued indicating the number of days of rest and the fact that they are not paid. The employee must sign confirming that he has read the contents of the document. After this, the order is approved and the employee can officially use his vacation during the specified period.
Management does not have the right to send staff on unpaid leave in order to save money. This will result in a fine and administrative liability.
Example document:
To the head of LLC "Central"
Zakharchenko A. S.
from the seller
Maksimova A. Yu.
Statement
I ask for unpaid leave for the period from October 7 _____ to October 12 _____ to resolve personal problems.
Date: 05.10._____ Signature: Maksimova A. Yu.
Sample application for annual leave
The application for annual leave of the 2022 - 2022 model is no different in content and form from similar documents drawn up in previous years. Therefore, when drawing up an application for your next vacation, you can use the sample that you have already used in previous years.
In addition, you can use a sample of such a statement from ConsultantPlus experts by clicking on the picture below:
Many companies have adopted the practice that such a document is not specifically drawn up and submitted if the employees were previously familiarized with the vacation schedule by signature. If the employee does not need to postpone his vacation for a certain period, then an application for annual paid leave is not required.
You will learn more about this vacation approval from our article “Vacation schedule - form and sample for filling out in 2022” .
How to ask for a vacation followed by dismissal
Before dismissal, the employee retains the opportunity to take legal leave or receive financial compensation. True, providing such days with subsequent dismissal is a right, not an obligation of the employer. Thus, we will have to negotiate.
Even if the management is not against it, you still need to know the rules, as they are written for annual paid leave with subsequent dismissal. Perhaps the employer will ask you to write 2 separate documents: one for dismissal, and the second for rest. But sometimes an employee is asked to provide only one piece of paper. The appeal in this case looks like this:
We recommend that HR officers prepare a standard employee appeal template and supplement it depending on the situation. In this case, you do not have to type the text of the document itself, you just need to enter variable data: the employee’s last name, first name and patronymic, the number of days of absence from the workplace and the required dates. All that remains is to print out the paper, sign it and take it to the HR department.
Sample application for annual leave if it was not planned
The application for annual paid leave for the 2022 - 2021 sample (if it is unscheduled) is slightly different from the form given above. So, if an employee plans to go on additional or unplanned leave (it can be paid or unpaid), then he must indicate the basis for its provision.
An application for paid leave of the 2022 - 2022 model must also contain a description of the reason if the applicant does not intend to go on another vacation, but is going to study, for example.
Before going on leave due to pregnancy, you should also indicate the reason - reaching the 30-week period - and provide the corresponding document-basis issued by the medical institution.
How to write a vacation application correctly in the above cases? In these situations, another phrase is added to the sample annual leave application indicating the basis document (it should be attached to the submitted document).
Unpaid types of leave can also include parental leave - to find out how to apply for it, you should read our article “Application for parental leave - form and sample” .
Is it necessary for an employee to familiarize himself with the order for granting leave, how to do this, and is there liability for failure to familiarize the employee with such an order? Answers to these questions were given by specialist of the Ministry of Labor and Social Protection V.V. Abrosimov. You can get acquainted with the official’s opinion by obtaining trial demo access to the ConsultantPlus system. It's free.
Registration of leave according to the Labor Code of the Russian Federation
According to the Labor Code of the Russian Federation: vacation is a certain period when a person is released from his work duties. Article 122 of the Labor Code of the Russian Federation states that this is the right of every person who has worked in a certain company for more than six months.
In addition to annual leave, the Labor Code contains other types of leave:
- additional - prescribed to people working in enterprises of particular complexity or in difficult conditions;
- educational – provided to people with a certificate from the educational institution;
- maternity leave – issued to women for a certain period before pregnancy and after childbirth;
- for child care – assigned to parents for a period of one and a half to three years after the end of maternity leave;
- free – provided to employees to solve family problems.
In the Basic Law of the Russian Federation, the duration of each type is regulated by paragraph 5 of Article 37. Annual rest is paid in the amount of one salary. If necessary, the rest period is postponed.
The procedure for granting exemption from scheduled work is drawn up in accordance with Art. 123 Labor Code of the Russian Federation.
The employee retains:
- place of work;
- the position in which he is listed;
- salary amount.
The Labor Code of the Russian Federation states that an employee has the right to receive release from work regardless of the basis on which he works: permanently, temporarily, or part-time.
To approve the request, the employer may additionally require:
- certificate confirming incapacity for work due to pregnancy;
- a certificate confirming that the session has begun at the university.
The request goes through two authorities: the director and the accounting department. Submitting a document to the accounting department without the director’s signature is not allowed.
Is there an approved leave application form?
The vacation application for the 2022 - 2022 model does not have a strictly approved format. At the same time, an application for the next vacation, as we have already found out, may not be submitted at all - the HR department in this case must only draw up and promptly transmit to the employee the appropriate notice of the date and duration of the planned vacation (clause 3 of Article 123 of the Labor Code of the Russian Federation) .
Therefore, based on the fact that the vacation application form has not been approved by anyone, you only need to follow the general rules adopted in office work.
Grounds for the obligation to extend or reschedule vacation
The employer is obligated to extend or postpone vacation in cases where the vacation period coincides:
- with sick leave (but only the employee himself, and not his family members);
- the period of performance by the employee of state duties requiring release from work;
- other situation provided for by law (including local regulations).
By agreement with the employee, the vacation is either extended by the number of days unused by him for the above reason (the reason must be documented, but no other papers will be required), or transferred to other days (in this case, an application from the employee is required indicating the specific period).
Another obligatory basis for the employer for postponing vacation at the initiative of the employee is the violation of one of the deadlines that is important for the vacation (warning the employee about its start or payment of vacation pay). In such a situation, an employee is given the right to demand the transfer of rest time to another period (Article 124 of the Labor Code of the Russian Federation).
An example of an application for leave when rescheduling it
An application for vacation of the 2022 - 2022 sample, in case of its transfer, can be drawn up according to this example (the sample text must be written in the application part of the document):
“In accordance with the approved order No. _ dated _ vacation schedule, the next paid leave should be granted to me from January 28, 2022 for a period of 28 days.
According to Art. 124 of the Labor Code of the Russian Federation, I ask you to postpone the start date of vacation to June 18, 2022 for the same period.”
In the event that there is a need to take advantage of only a few vacation days and take the rest later, then a sample application for part of the annual paid leave will look like this (we give a distinctive fragment from the text of the document):
“I ask you to provide me with a portion of the annual paid leave of 10 calendar days, starting from August 15, 2021.”
What a vacation could be like
There are several types of vacation:
- another paid one. This is the main leave to which an employee who has worked in the organization for at least 6 months is entitled. In accordance with the Labor Code of the Russian Federation, this vacation is 28 calendar days;
- vacation at your own expense, that is, unpaid. The basis for this type of vacation may be personal reasons: marriage, death of a loved one, birth of a child, etc.;
- training. This leave is required by the employee if he is pursuing education. During such leave, the average salary can be maintained only if the university degree is the first. To confirm that there is a need for such leave, you need to bring a certificate of summons from the educational institution to the manager;
- maternity leave (for pregnancy and childbirth). Provided to a woman on the basis of a certificate of incapacity for work from a medical institution. The certificate of incapacity for work must be filled out correctly and contain the signature of the attending physician.
Instructions for writing an application
Like any other document, such a statement has a standard structure. At the top of the sheet you need to indicate to whom the subsequent text is addressed - most often it is the director of the enterprise or the head of the personnel department. You must also write the full name of the enterprise, taking into account its organizational and legal form. The next line will contain information about the employee himself - his position, belonging to a specific structural unit and his full name. The word “Statement” is written below, followed by a period. Now you can go directly to the text.
Results
No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.
The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision.
The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.
After writing the application
When the application is fully completed , it must be submitted to the company secretary or personnel administration specialist. After this, the document will go to the manager’s desk. After making a decision, the boss will put his resolution, sign and return the application back. The director can satisfy the employee’s wishes, categorically refuse, or offer to postpone the vacation to another time. This may be due to the impossibility of replacing the applicant at his workplace in a particular period of time. Most often, vacations are prescribed in advance, taking into account the wishes of each employee so that the technological process is not disrupted. Most employees agree with the refusal, but there are cases when such a decision is unlawful. Management cannot refuse to grant leave to the following groups of people:
- Working people of retirement age;
- For those who have any disability group;
- An employee for whom the position is combined;
- Student (specialist undergoing training);
- Other groups of workers that are prescribed in the labor code.
Even the groups of employees described above will still have to provide the appropriate package of documents in order to confirm their preferential right to leave. If management categorically refuses to sign the documents, the employee has every right to contact the labor inspectorate. The employer will be fined, and his employee will be able to take the necessary leave.