Leave for family reasons with preservation. Granting leave without pay, days on account of leave, sample application
Labor legislation regulates the legal relationship between employees and the employer, including the issue of family leave. Everyone may have a situation when it is necessary to be released from work to solve family problems. In this case, the employee may request a rest period.
How to take?
Leave at your own expense for family reasons is regulated by Art. 128 of the Labor Code of the Russian Federation. There must be a valid reason for it.
The employer may refuse the employee if his departure during this period is unprofitable, or the company considered the reasons not valid. The employer is obliged to provide an unpaid rest period to the following categories of employees:
- students;
- state and municipal employees;
- veterans.
At work
The basis for leaving is a statement from the employee, after receiving which the manager:
- gives consent or expresses disagreement to the provision of an extraordinary period of rest;
- in a personal conversation with the employee, agree on the date and time of departure;
- arranges for family leave.
The employee has the right not to go to work from the date specified in the order.
If a soldier needs rest, he writes a report.
While studying
Studying at a university or technical school takes from 3 to 7 years. Academic leave for family reasons can be taken by any student studying part-time and full-time. During this period, the student will not lose his status, but he is exempt from attending classes, passing exams and tests. The reason for the break in studies may be medical indications.
An application is submitted in the following situations:
- sickness and loss close relative;
- natural disasters;
- loss of a breadwinner;
- difficult financial situation;
- the need to leave the country for additional education, internship, conscription into the army.
Causes
Family circumstances are understood as situations caused by the employee's marital status, his family ties, issues that cannot be resolved without interrupting work. For example, the need to care for a sick relative. Sometimes it is enough to indicate such wording in the application so that the employer provides a period of rest without any questions.
But some employers do not consider such cases to be valid reasons, so the application may be denied. The law protects employees and lists the circumstances in which the provision of a rest period is mandatory, regardless of the desire of the employer. Yes, Art. 128 of the Labor Code of the Russian Federation obliges the employer to provide the employee with leave for up to 5 days for family reasons for the following reasons:
- the birth of a child - a period of rest is granted to the father, since the mother is on maternity leave at this time;
- death of a relative;
- Marriage registration.
Duration
The duration of family leave of up to 14 days can be established by a collective agreement for parents to care for children, in accordance with Art. 263 of the Labor Code of the Russian Federation. Such days can receive:
- parents with 2 or more children under the age of 14;
- parents of minor children with disabilities;
- single mothers and fathers raising a child under the age of 14.
According to the Labor Code of the Russian Federation, vacation for family reasons is not transferred to next year and does not accumulate. The employee can ask the employer about it at any time convenient for him. If the rest period exceeds 14 days, this will be reflected in the calculation of the calendar year for assigning a paid rest period: it is shifted by the excess.
The duration of academic leave is 12 calendar months. At the university, the rest period may be granted several times. If the student is studying on a contractual basis, he does not pay for this period. With an increase in tuition fees after returning, the student will be forced to pay for tuition at the new rates.
Leave for military service is 2 years.
Working pensioners by age are provided up to 14 calendar days annually, working disabled people - up to 60 calendar days a year.
Registration
Based on the employee's application for administrative leave for family reasons, an order is issued, the employee leaves from the date specified in the order.
The decision on the possibility of providing academic rest is made by the head of the educational institution on the basis of the student's application.
If the basis is medical indications, the application shall be accompanied by:
- the conclusion of the clinical expert commission on the state of health, which is issued for a period of 1 year (it is stamped and stamped by the organization, registration number, doctor's signature);
- medical certificates in the form 95 / U on temporary disability for 10 days or a certificate in the form 027 / U for a period of 1 month.
Application and documents
The text of the application shall indicate information on supporting documents, if any. To provide academic leave for pregnancy and childbirth, the following is submitted:
- statement;
- the conclusion of the clinical expert commission;
- certificate of pregnancy and general health.
To provide a period of rest in connection with military service, the following is submitted:
- statement;
- summons from the military office.
For family leave, the following must be submitted:
- statement;
- a document that confirms the situation - a death certificate of a relative, an invitation to another country, a certificate of need for a sick relative in care.
To provide rest due to the impossibility of payment educational process served:
- statement;
- certificates of income of the student and family members and a certificate of family composition.
Sample application for leave for family reasons.
Payment
The application must indicate that you need time off without saving wages. Sometimes the employer goes to meet the employee and draws up the days of his absence from work as paid leave if the employee has not taken the full duration of the annual main or additional rest period.
If you have any questions, we will be happy to answer them. To contact our specialists, you can call the phone number listed on the site, or ask a question through the online form.
How to take family leaveReasonDurationProcedurePayment
Labor legislation regulates the legal relationship between employees and the employer, including the issue of family leave. Everyone may have a situation when it is necessary to be released from work to solve family problems. In this case, the employee may request a rest period.
How to take?
Leave at your own expense for family reasons is regulated by Art. 128 of the Labor Code of the Russian Federation. There must be a valid reason for it.
The employer may refuse the employee if his departure during this period is unprofitable, or the company considered the reasons not valid. The employer is obliged to provide an unpaid rest period to the following categories of employees:
students, state and municipal employees, veterans. At work
The basis for leaving is a statement from the employee, after which the manager:
gives consent or expresses disagreement to the provision of an extraordinary period of rest, in a personal conversation with the employee, agrees on the date and time of departure, orders the registration of leave for family reasons.
The employee has the right not to go to work from the date specified in the order.
If a soldier needs rest, he writes a report.
While studying
Studying at a university or technical school takes from 3 to 7 years. Academic leave for family reasons can be taken by any student studying part-time and full-time. During this period, the student will not lose his status, but he is exempt from attending classes, passing exams and tests. The reason for the break in studies may be medical reasons.
An application is submitted in the following situations:
illness and loss of a close relative, natural disasters, loss of a breadwinner, difficult financial situation, the need to leave the country for additional education, internship, conscription into the army. Causes
Family circumstances are understood as situations caused by the employee's marital status, his family ties, issues that cannot be resolved without interrupting work. For example, the need to care for a sick relative. Sometimes it is enough to indicate such wording in the application so that the employer provides a period of rest without any questions.
But some employers do not consider such cases to be valid reasons, so the application may be denied. The law protects employees and lists the circumstances in which the provision of a rest period is mandatory, regardless of the desire of the employer. Yes, Art. 128 of the Labor Code of the Russian Federation obliges the employer to provide the employee with leave for up to 5 days for family reasons for the following reasons:
the birth of a child - a period of rest is given to the father, since the mother is on maternity leave at this time, the death of a relative, marriage registration. Duration
The duration of family leave of up to 14 days can be established by a collective agreement for parents to care for children, in accordance with Art. 263 of the Labor Code of the Russian Federation. Such days can receive:
parents with 2 or more children under the age of 14, parents of underage children with disabilities, single mothers and fathers raising a child under the age of 14.
According to the Labor Code of the Russian Federation, vacation for family reasons is not transferred to the next year and does not accumulate. The employee can ask the employer about it at any time convenient for him. If the rest period exceeds 14 days, this will be reflected in the calculation of the calendar year for assigning a paid rest period: it is shifted by the excess.
The duration of academic leave is 12 calendar months. At the university, the rest period may be granted several times. If the student is studying on a contractual basis, he does not pay for this period. With an increase in tuition fees after returning, the student will be forced to pay for tuition at the new rates.
Leave for military service is 2 years.
Working pensioners by age are provided up to 14 calendar days annually, working disabled people - up to 60 calendar days a year.
Registration
Based on the employee's application for administrative leave for family reasons, an order is issued, the employee leaves from the date specified in the order.
The decision on the possibility of providing academic rest is made by the head of the educational institution on the basis of the student's application.
If the basis is medical indications, the application shall be accompanied by:
the conclusion of the clinical expert commission on the state of health, which is issued for a period of 1 year (it is stamped and stamped by the organization, registration number, doctor's signature), medical certificates in the form 95 / U on temporary disability for 10 days or a certificate in the form 027 / U for a period of 1 month. Application and documents
The text of the application shall indicate information on supporting documents, if any. To provide academic leave for pregnancy and childbirth, the following is submitted:
application, conclusion of the clinical expert commission, certificate of pregnancy and general health.
To provide a period of rest in connection with military service, the following is submitted:
statement, summons from the military registration and enlistment office.
For family leave, the following must be submitted:
a statement, a document that confirms the situation - a death certificate of a relative, an invitation to another country, a certificate of the sick relative's need for care.
To provide rest due to the impossibility of paying for the educational process, the following is submitted:
application, certificates of income of the student and family members and a certificate of family composition.
Sample application for leave for family reasons.
The application must indicate that you need time off without pay. Sometimes the employer goes to meet the employee and draws up the days of his absence from work as paid leave if the employee has not taken the full duration of the annual main or additional rest period.
If you have any questions, we will be happy to answer them. To contact our specialists, you can call the phone number listed on the site, or ask a question through the online form.
Not all citizens starting to perform their labor duties are familiar with the norms and requirements of the current legislation of Russia in terms of granting them leave for family reasons and other good reasons. On the other hand, an employer who violates the current requirements of the Labor Code of the Russian Federation and other Federal Laws in the area under consideration labor law risks being subjected to severe fines. In the article we will highlight the main points related to the issues of granting leave without pay.
From this article you will learn:
- Who can take family leave?
- what is the duration of family leave for certain categories of employees;
- What should an employer consider when applying for family leave?
Who can take leave for family reasons and other valid reasons
Whether to release the employee or not on unpaid additional leave in general case the employer decides. At the same time, on what basis the employee asks to provide him with temporary rest at his own expense determines the method of calculating his length of service. At the same time, the opportunity to take leave without pay ("at one's own expense") for family reasons or for other good reason guarantees the employee Art. 128 of the Labor Code of the Russian Federation. The duty of the employer for the duration of the absence of the employee is to keep the employee at his place of work.
The duration of the leave granted to the employee at his own expense is stipulated by an agreement between the employee and the employer. However, since the provision of additional unpaid leave in the cases listed in Part 1 of Art. 128 of the Labor Code of the Russian Federation is the right, but not the obligation of the employer, then the latter has the right to refuse to provide the employee with it if he considers the reason specified in the application to be insufficiently weighty.
If the reasons and circumstances that prompted the employee to contact the employer correspond to those listed in Part 2 of Art. 128 of the Labor Code of the Russian Federation, then the employer, at the written request of the employee, is obliged to provide the latter with leave without saving the salary.
What is the duration of family leave for certain categories of employees
- participants of the Second World War - for up to 35 calendar days during the year;
- working pensioners by age - for up to 14 calendar days during the year;
- parents and wives (husbands) of military personnel who died or died as a result of injury, mutilation, concussion, which were received during their execution official duties in military service, or as a result of an illness caused by military service - for up to 14 calendar days during the year;
- working disabled people - up to 60 calendar days during the year;
- employees at the birth of a child, in connection with the registration of a marriage, the death of a close relative - for up to 5 calendar days during the year.
Vacation is calculated and granted at its own expense in calendar days, taking into account weekends and non-working holidays.
According to the norms of the Labor Code of the Russian Federation, in addition to the above categories and circumstances, among those that oblige the employer to provide an extraordinary vacation at your own expense include cases when a student of a secondary and higher educational institution, combining work with study, applied with a request. If the educational institution where the student is studying or where the student enters has state accreditation, then the employer is obliged to provide such an opportunity without saving the salary.
At the same time, in order to pass the intermediate certification in the higher educational institution an employee may be given up to 14 calendar days to prepare and defend graduation qualifying work and passing the procedure for passing the final state exams - up to 4 months, for passing the final state exams - up to 1 month.
Workers who combine study with work and study in educational institutions of secondary vocational education with state accreditation for full-time education are entitled to receive within school year extraordinary unpaid leave of 10 calendar days - for passing intermediate certifications, 2 months - for preparing and defending the final qualifying work and passing the procedure for passing the final state exams, for passing the final state exams - up to 1 month. Employees qualified to pass the entrance examinations in educational institution with state accreditation has the right to count on 10 calendar days.
Another category of employees whose request for leave at their own expense must be satisfied by the employer is part-time employees. At the same time, according to Art. 286 of the Labor Code of the Russian Federation, such an obligation in relation to the employer is valid only if the duration of the annual main paid leave at part-time work is less than its duration at the main place of work.
Note that it is the employer's responsibility to provide extraordinary leave without saving the salary is stipulated not only by the Labor Code of the Russian Federation. So among the "privileged" working citizens of Russia, who have such a right for up to three weeks and at a time convenient for them, according to Art. 6 of Federal Law No. 5-FZ, from Heroes of Socialist Labor, citizens awarded the Order of Labor Glory of three degrees (full cavaliers of the order).
The wives of military personnel are also in a privileged position, who, if they wish, can exercise the right to receive extraordinary unpaid leave at the same time as their spouse (see clause 11, article 11 of Law No. 76-FZ of May 27, 1998).
collective agreement
According to current legislation several situations are considered, the mention of which in the collective agreement obliges the employer to provide its employees with annual unpaid leave for up to 14 days at any time convenient for them. Such situations apply to employees caring for two or more children under the age of 14, having a disabled child under the age of 18, single mothers raising a child under the age of 14, fathers raising a child under 14 without a mother.
Note that in all the cases listed above, unpaid leave can be attached by dates to the main one, used regardless of it, both in whole and in parts. At the same time, the transfer of vacation without saving salary to the next year is not allowed.
What should an employee and an employer consider when starting to apply for family leave?
Unpaid leave is granted only after the employer has considered the written application of the employee. In the general case, if the employer considers the reason indicated in the application to be valid, and the period of the employee’s forced absence from work is acceptable, then he orders the preparation of an order drawn up in accordance with the unified form No. T-6, approved. Decree of the State Statistics Committee of Russia dated 01/05/2004 No. 1. It should be noted here that the order to grant leave without saving salary belongs to the category of orders for personnel. Information about this event in the life of the enterprise is recorded in the time sheet.
Attached files
- Employee's application for leave without pay (sample).doc
- Leave order (sample).doc
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- Employee's application for leave without pay (form).doc
- Leave order (form).doc
Photo by Vasya Sinichkin, Kublog
Labor legislation guarantees paid leave (annual and additional) to employees. However, the employee has the right to count not only on paid holidays: the Labor Code of the Russian Federation provides for the possibility of granting leave without pay. This species vacation is devoted to only one article of the code. Accordingly, employers have many questions related to its application. In what cases does an employer not have the right to refuse to provide unpaid leave? How to issue it? What is the maximum duration of unpaid leave? You will find answers to these and some other questions by reading the article.
When is unpaid leave granted?
According to Art. 128 of the Labor Code of the Russian Federation, this type of vacation can be provided:- At the discretion of the employer (but he, having considered the reason why the employee requests unpaid leave, and his production capabilities may decide not to grant such leave).
- By virtue of legislation (when the employer cannot refuse to grant the employee unpaid leave).
Let's say a few words about unpaid leave by decision of the employer. Part 1 of Art. 128 of the Labor Code of the Russian Federation, it is established that for family reasons and other valid reasons, the employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the employee and the employer. From this rule, it can be concluded that mandatory conditions granting such leave are the relevant circumstances, the written application of the employee and the consent of the employer.
Note that the employer, when deciding to grant leave, at its discretion evaluates the reasons why the employee needs leave, and if he considers them insignificant or disrespectful, he has the right to refuse. We recommend that you approach this issue objectively, because in the event of a dispute, the court or the supervisory authority may take the side of the employee. For example, the Perm Regional Court considered a case on recognition of an order to apply measures disciplinary responsibility illegal. B. applied to her employer for unpaid leave for a day, without specifying the reason why it was required. Accordingly, the employer refused to grant leave, but B. did not come to work. For this she was reprimanded. The court, having examined the case materials, found out the reason for the absence - the need to appear before the prosecutor's office and the court (the summons was issued with the relevant documents) - and recognized the order to apply disciplinary action illegal (Appellate ruling of the Perm Regional Court dated August 12, 2013 in case No. 33‑7452).
Not always, of course, the court takes the side of the employee. If he does not show up for work after the employer refuses to grant unpaid leave, the court may recognize the application of disciplinary measures up to and including dismissal for absenteeism as lawful and justified (see, for example, Ruling of the Moscow City Court dated 08.09.2015 No. 4g / 8 -8669/2015, Appellate ruling of the Omsk Regional Court dated September 2, 2015 in case No. 33-6239/2015).
When will an employer's refusal be illegal?
As we found out, in some cases the employer is obliged to satisfy the employee's application for leave without pay. In particular, according to Part 2 of Art. 128 of the Labor Code of the Russian Federation, the employer must provide such leave:- participants of the Great Patriotic War- up to 35 calendar days a year;
- working old-age pensioners (by age) - up to 14 calendar days a year;
- parents and wives (husbands) of military personnel, employees of the internal affairs bodies, the federal fire service, bodies for controlling the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury received in the performance of military service (service), or as a result of a disease associated with military service (service) - up to 14 calendar days a year ;
- working disabled people - up to 60 calendar days a year;
- employees in cases of the birth of a child, marriage registration, death of close relatives - up to 5 calendar days.
Given in Art. 128 of the Labor Code of the Russian Federation, the list of grounds when the employer is not entitled to refuse leave is far from exhaustive: the relevant cases may be established by the Labor Code of the Russian Federation or other federal laws.
For example, according to Art. 173 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to employees admitted to entrance examinations upon admission to a higher educational institution, as well as students of preparatory departments educational organizations higher education to pass the final certification - 15 calendar days. A little less - 10 calendar days of unpaid leave - the employer must provide to employees who combine work with receiving secondary vocational education (Article 174 of the Labor Code of the Russian Federation).
note
An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother raising a child under the age of 14, a father raising a child under the age of 14 without a mother, by a collective agreement may be set annually additional holidays without saving wages at a time convenient for them for up to 14 calendar days (Article 263 of the Labor Code of the Russian Federation).
In some cases, unpaid leave is due to part-time workers. So, by virtue of Art. 286 of the Labor Code of the Russian Federation, if at a part-time job the duration of the annual paid leave is less than at the main place of work, then the employer, at the request of the employee, must provide him with leave of the appropriate duration without pay.
But not only the Labor Code defines cases when an employer cannot refuse unpaid leave: such cases can also be established by other federal laws. For clarity, we present them in a table.
| Rule of law | Categories of workers | Duration |
| Federal Law of July 27, 2004 No. 79‑FZ “On the State civil service Russian Federation» | civil servants | Up to a year |
| Federal Law No. 25-FZ dated March 2, 2007 “On municipal service In Russian federation" | municipal employees | Up to a year |
| Federal Law of May 27, 1998 No. 76‑FZ “On the Status of Military Personnel” | military spouses | Part of the spouse's leave that exceeds the duration annual leave at the main place |
| Federal Law No. 5-FZ dated January 9, 1997 “On granting social guarantees Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory" | Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory | Up to 3 weeks per year |
| Law of the Russian Federation of January 15, 1993 No. 4301-1 “On the Status of Heroes Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory" | Heroes of the USSR, RF and full cavaliers of the Order of Glory | Up to 3 weeks per year |
| Federal Law of January 12, 1995 No. 5‑FZ “On Veterans” | War invalids | Up to 60 days a year |
| WWII participants | Up to 35 days a year | |
| Combat veterans | ||
| Those who worked during the Second World War at air defense facilities, construction defensive structures, naval bases, airfields and other military installations | ||
| Federal Law No. 67-FZ of June 12, 2002 “On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation” | Proxies of candidates participating in elections, as well as proxies of electoral associations | For the term of office |
| Federal Law No. 20-FZ of February 22, 2014 “On Elections of Deputies of the State Duma of the Federal Assembly of the Russian Federation” | Proxies of a political party, candidates nominated by constituencies | For the term of office |
Note: the refusal to grant leave guaranteed by labor legislation, and the subsequent disciplinary punishment employees who went on such leave without the consent of the employer are recognized by the courts and regulatory authorities as unlawful. So, Z. went to court with a demand to the Municipal Municipality “Municipal House of Culture and Arts. G. V. Kalinichenko” on reinstatement at work after dismissal for absenteeism. In the course of the consideration of the case, the court found that on the basis of the decision of the election commission of the municipal district Z., as a proxy of the candidate for the position of the head of the district, certificate No. 1 was issued that she was the candidate's proxy. The employer was made aware of this.
08/08/2014 Z. entered phone call, she was informed of the need to appear at the administration of the Moscow Region, where she stayed from 13.00 to 18.00. 08/11/2014 Z. filed explanatory note, in which she indicated the reasons for the absence and details of the certificate of the trustee, and attached a certificate from the administration of the Moscow Region. However, the management of the Moscow University nevertheless fired Z.
By virtue of Art. 43 of Law No. 67-FZ, for the period of authority of a trustee, the employer is obliged to give trustees, at their request, unpaid leave. Since such a leave was not granted to Z., even though she did not write a statement, but informed the management of the need to be absent by phone, the dismissal was declared illegal: there was a good reason for leaving work - the implementation of activities related to elections, about than Z. subsequently provided a certificate (Appeal ruling of the Moscow Regional Court dated March 18, 2015 in case No. 33‑5980/2015).
For your information
Cases of granting unpaid leave may be established by a collective agreement or industry agreements. For example, the Industry Agreement on Organizations of the Federal Agency for Technical Regulation and Metrology for 2015-2017 provides a woman with a child under the age of 16 with the right to one additional day off per month without pay.
Summing up the section, let's say that if the employer has provided the number of days of unpaid leave determined by law, the collective agreement or agreement in full, then with a new request during the same year, the employer has the right to refuse such leave to the employee of the privileged category. For example, in April and August 2015, a disabled employee received unpaid leave for 30 days (in total, according to Article 128 of the Labor Code of the Russian Federation, a disabled person has the right to count on 60 days a year). If he asks for unpaid leave, for example, in November, the employer has the right to refuse to provide such leave and this will not be a violation of the law.
Period of unpaid leave
How long can unpaid family leave be granted? The Labor Code does not give a clear answer to this question and does not establish restrictions. Therefore, according to general rule such leave may last a day, a week, several months and any other period on which an agreement is reached between the employee and the employer.However, some regulations There is a time limit for being on unpaid leave. For example, on the basis of paragraph 15 of Art. 46 of the Federal Law of July 27, 2004 No. 79-FZ “On the State Civil Service of the Russian Federation”, the duration of leave without pay, provided for family reasons and other valid reasons to civil servants, cannot be more than a year. A similar period is set for unpaid leave of municipal employees.
note
What to do when an employee has several reasons for unpaid leave, for example, an employee who is a pensioner and a disabled person, respectively, is entitled to 14 and 60 calendar days of vacation? Labor law does not contain the answer. We believe that in this case, the employee has the right to rely only on leave of longer duration.
Note that it is necessary to keep records of unpaid leave for several reasons.
Firstly, as we have already said, this will help the employer to justify the refusal to grant leave to employees to whom, as a general rule, the employer is obliged to provide it (Appeal ruling of the Altai Regional Court dated January 22, 2014 in case No. 33‑502 / 2014).
Secondly, the number of days of unpaid leave is important for calculating the length of service for providing annual paid leave. Recall that according to Part 1 of Art. 121 of the Labor Code of the Russian Federation, the length of service giving the right to annual basic paid leave includes the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year. Vacation time (holidays) without pay, exceeding 14 days, is not subject to inclusion in the specified length of service.
The non-inclusion of such time is reflected by the increase in the working year by the corresponding number of days, which in personnel office work means a shift in the beginning or end of the working year in which leave without pay was used (Appeal ruling of the Krasnoyarsk Regional Court dated March 18, 2013 in case No. 33‑2432).
For example, an employee got a job at an institution on March 10, 2015. The duration of unpaid leave in 2015 was 20 days. Since he was granted more than 14 days of administrative leave, the duration of the working year will increase by the number of days exceeding 14 - 6. Thus, the working year will begin on 03/10/2015 and end on 03/15/2016.
We draw up documents
Unpaid leave is granted only at the initiative of the employee (granting such leave at the initiative of the employer - for example, in the event of a decrease in the volume of work - is a violation of labor law), that is, the employer needs the employee's application. The application must state the reasons why the leave is needed so that the employer can make an informed decision, and of course the desired dates.The employer can express agreement (disagreement) with the application by making an appropriate entry on it, for example, “I do not mind”, “Agreed”. On the basis of such an endorsed application, an order is issued to grant leave without pay. For this, it is applied unified form T-6 (T-6a) or form approved by the institution. The order must indicate the type of vacation, the number of calendar days of vacation and the dates on which it falls.
For your information
Some employees go on vacation without waiting for the order. In this case, if they do not belong to preferential categories that need to be granted leave, the employer can record absenteeism and apply disciplinary measures up to and including dismissal. For example, the Leningrad Regional Court, in Ruling No. 33‑3394/2014 dated 07/03/2014, indicated that the presence of a manager’s resolution on an application for additional unpaid leave does not indicate that the employee has reached an agreement with the employer on this issue, since the provision of leave must be formalized by order.
The order to grant leave is signed by the head of the organization or another authorized person (part 4 of article 20 of the Labor Code of the Russian Federation). Be sure to familiarize the employee with the order against signature.
If the institution is working remote employees, registration of unpaid leave for them can occur through the exchange electronic documents with enhanced qualified signatures (parts 4, 5 of article 312.1 of the Labor Code of the Russian Federation).
And of course, information about unpaid leave must be entered in section. VIII personal card.
Can an employee be recalled from unpaid leave?
There is no clear answer in labor law. But we believe that the employer may well recall the employee from vacation, using, by analogy, the norms of Art. 125 of the Labor Code of the Russian Federation, which regulates recall from annual paid leave. True, with one nuance: the days remaining from administrative leave in connection with a recall from it are not added to any leave in the future and are not provided at any time convenient for the employee during the working year.Finally
As a general rule, unpaid leave is granted for family reasons on the basis of a written application from the employee. But there are cases when the employer does not have the right to refuse to provide such leave. They are determined by the Labor Code, other federal laws, agreements, collective agreements. In addition, remember that a vacation period exceeding 14 calendar days is not included in the length of service for granting annual paid leave. And, of course, do not send employees on leave without pay yourself, that is, do not take the initiative - if, during the consideration of the dispute, coercion to take such leave is revealed, administrative liability measures may be applied to the employer in the form of a fine under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. 
The Labor Code of the Russian Federation provides for the possibility for an employee to take special kind leave for personal reasons, at your own expense, by filling out an appropriate application "for family reasons" (details of registration -). The employer is not always obliged to satisfy such a request of his subordinate, but there are categories of citizens whose refusal will entail serious administrative penalties from the violating organization.
Unpaid leave for family reasons
This type of leave is granted in two cases:
- categories of citizens who have an undeniable right to that, at the request of the employee himself, with the impossibility of refusal;
- by mutual agreement of the parties.
A complete list of circumstances under which the employer is obliged to release the employee at his expense is regulated by articles Labor Code And Federal Laws. These may be reasons related to caring for minor children, a disabled person, a change in marital status, the birth of a child or the death of a relative, etc. In addition, additional grounds for time off at the initiative of the employee may be specified in the collective agreement.
As part of a holiday period without pay, an employee cannot be fired. Loss of position is possible only in case of liquidation legal entity. Unlike annual paid time off, insurance benefit due to illness during vacation at your own expense is not provided.
Taxation of the employee during this period occurs in the usual manner. If there is no income in a month, tax deductions accumulate.
Sample application letter for family leave
The basis for taking family leave is the application of the employee. Depending on the reasons specified in it and the desired period of exemption from official duties, the application can be accepted or rejected by the employer.
The specific reason is indicated in the application at the request of the employee. In its absence, the employer is not obliged to provide him with time off, even in cases regulated by the articles of the Labor Code. The reason is regarded as part of the employee's personal data and is processed by the organization within the framework of the law.
How long can you take unpaid leave for family reasons under the Labor Code of the Russian Federation?
The legislation of the Russian Federation does not limit the period of unpaid time off. The duration of the period is determined by an agreement between the employee and his boss.
When an employee has an undeniable right to temporary release from official duties, the law limits the duration of days off. The maximum period is granted to persons who are state or municipal employees: a person can be out of work for up to a year.
When an employee has more than one circumstance for an undeniable right to time off, the deadlines established by law are not cumulative. The employee can count on leave for the reason with the longest period, if this reason was indicated by him in the application.
What do you need for academic leave for family reasons?
Family circumstances are not an unconditional reason for granting academic holidays at an educational institution. Each case is considered in individually an employee authorized to make such decisions.
The possibility of temporary release is not affected by the time of the last training, students of both the first and last courses are equal in this right. The rectorate takes into account the presence of special circumstances - the illness of the child, the treatment of relatives and others, but only when providing supporting documents as an addition to the application.
For academic holidays due to temporary inability to pay for further education, a certificate from social security must be submitted along with a document on family composition.
In response to the application submitted by the student along with supporting documents, a decree is issued within 10 days on its provision or refusal.
How to get family leave in the army?
Military personnel have the right to temporary exemption from service in cases specified by the relevant Decree of the President of the Russian Federation.
To obtain such a leave, the following documents must be submitted:
- Statement;
- Documents confirming the reliability of the reason and the information specified in the application.
The decision to grant time off is made by the commander of the military unit. Problems with close relatives, etc. are considered as weighty reasons. The maximum possible period of release from military service is 10 days.
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