For family reasons shopping mall rf. How to legally take time off for family reasons - possible good reasons, a sample application and order. Who can take

The Labor Code of the Russian Federation provides for the possibility of an employee taking a special type of leave for personal reasons, at his own expense, by filling out an appropriate application "for family circumstances"(Design details -). The employer is not always obliged to satisfy such a request from 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 vacation is provided in two cases:

categories of citizens who have an indisputable right, at the request of the employee himself, with the impossibility of refusal;
by mutual agreement of the parties.

A complete list of circumstances in 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 underage children, a disabled person, a change marital status, birth of a child or death of a relative, etc. In addition, additional grounds for time off on the initiative of the employee may be specified in the collective agreement.

Within the weekend without saving wages, you cannot fire an employee. The loss of a position is possible only upon liquidation legal entity... Unlike annual paid time off, self-pay sickness benefits are not provided.

Taxation of the employee during this period takes place in the usual manner. In the absence of income in a month, tax deductions are accumulated.

Sample application for family leave

The basis for going on family leave is the employee's statement. Depending on the reasons specified in it and the desired period of exemption from job responsibilities, 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 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 length of the period is determined by the agreement between the employee and his boss.

When an employee has an undeniable right to a temporary release from office, the law limits the period of days off. The maximum period is given to persons who are state or municipal employees: a person can be out of his job for up to a year.

When an employee has more than one circumstance for an indisputable right to time off, the terms established by law are not summed up. An employee can count on vacation for the longest reason, if this reason was indicated to him in the application.

What do you need for family leave?

Family circumstances are not an unconditional reason for granting academic vacations at an educational institution. Each case is reviewed in individually an employee authorized to make such decisions.

The possibility of temporary exemption is not affected by the time of the past study; in this right, students of both the first and last courses are equal. The rectorate takes into account the presence of special circumstances - the child's illness, treatment of relatives and others, but only when supporting documents are provided as an addition to the application.

For academic holidays due to a temporary inability to pay for further education, it is necessary to provide a certificate from social security along with a document on the composition of the family.

In response to an application submitted by a student, along with supporting documents, a decree is issued within 10 days to grant it or to refuse it.

How to get family leave in the army?

Servicemen have the right to be temporarily exempt from service in cases specified by the relevant Decree of the President of the Russian Federation.

To obtain such a leave, you must submit the following documents:

Statement;
Documents confirming the accuracy 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 exemption from military service is 10 days.

Photo by Vasya Sinichkin, Kublog

Labor legislation guarantees employees a paid vacation (annual and additional). 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 kind only one article of the code is devoted to vacation. Accordingly, employers have many questions related to its application. In what cases does the employer not have the right to refuse to grant unpaid leave? How to issue it? What is the maximum length 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:

By the decision of the employer (but he, having considered the reason why the employee asks for unpaid leave, and his production capabilities, may decide to refuse to grant such leave).
By virtue of the law (when the employer cannot refuse the employee to grant unpaid leave).

Therefore, before deciding to refuse to grant leave to an employee, one must not only take into account production issues, but also check whether he belongs to the category of workers who cannot be denied leave.

Let's say a few words about unpaid leave by the employer's decision. Part 1 of Art. 128 of the Labor Code of the Russian Federation 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 norm, it can be concluded that mandatory conditions the granting of such leave are the relevant circumstances, the written statement of the employee and the consent of the employer.

It should be noted that the employer, when deciding to grant leave, at its own discretion assesses the reasons for which 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, since in the event of a dispute, the court or the supervisory authority may side with the employee. For example, the Perm Regional Court considered the case on the recognition of the order on the application of disciplinary measures as illegal. B. applied to the employer for a day of unpaid leave without specifying the reason why it was required. Accordingly, the employer refused to grant leave, but B. did not go to work. For this she was reprimanded. The court, having examined the materials of the case, found out the reason for the absence - the need to appear in the prosecutor's office and the court (the summons was drawn up with the relevant documents) - and recognized the order on the application disciplinary action illegal (Appellate ruling of the Perm Regional Court dated 12.08.2013 in case No. 33-7452).

Of course, the court does not always take the side of the worker. If he does not show up for work after the employer refuses to grant unpaid leave, the application of disciplinary measures up to and including dismissal for absenteeism may be recognized by the court as lawful and justified (see, for example, Determination of the Moscow City Court dated 08.09.2015 No. 4g / 8 ‑8669/2015, Appeal ruling of the Omsk Regional Court dated 02.09.2015 in case No. 33-6239 / 2015).

When will it be illegal for an employer to refuse?

As we found out, in some cases, the employer is obliged to satisfy the employee's application for unpaid leave. In particular, according to Part 2 of Art. 128 of the Labor Code of the Russian Federation, the employer must provide the following vacation:

participants of the Great Patriotic War - up to 35 calendar days in the 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 the control over the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injury received in the performance of duties military service(service), or due to an illness 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 birth of a child, registration of marriage, death of close relatives - up to 5 calendar days.

Leave on the last basis is not uncommon. In particular, the employer does not always correctly identify close relatives. (For example, is it necessary to provide an employee with unpaid leave in connection with the funeral of an uncle?) There is no exact interpretation of the named concept in any Russian law no. So, according to Art. 2 of the RF IC, family members are spouses, parents and children, and by virtue of Art. 14 IC RF close relatives are considered parents and children, grandfathers, grandmothers, grandchildren, full and half brothers and sisters. As you can see, the categories “family members” and “close relatives” overlap. We believe that the granting of unpaid leave in connection, for example, with the death of an uncle remains at the discretion of the employer, but the refusal to grant such leave in connection with the death of a grandmother will be illegal.

Given in Art. 128 of the Labor Code of the Russian Federation, the list of grounds when the employer has no right to refuse leave is far from exhaustive: the relevant cases can 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 unpaid leave to employees admitted to entrance examinations upon admission to higher education educational institution, as well as students of preparatory departments educational organizations higher education for passing the final certification - 15 calendar days. Slightly less - 10 calendar days of unpaid leave - must be provided by the employer to employees who combine work with getting an average 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 14 without a mother, collective agreement annual additional leaves without pay can be established at a convenient time for them, lasting up to 14 calendar days (Article 263 of the Labor Code of the Russian Federation).

In some cases, unpaid leave is given to part-time workers. So, by virtue of Art. 286 of the Labor Code of the Russian Federation, if at part-time work 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 a leave of the corresponding duration without pay.

But not only the Labor Code defines cases when the employer cannot refuse unpaid leave: such cases can be established by other federal laws. For clarity, we present them in the table.

The rule of law	Categories of workers	Duration
Federal Law of 27.07.2004 No. 79-FZ "On the State Civil Service Russian Federation»	Civil servants	Up to a year
Federal Law dated 02.03.2007 No. 25-FZ "On municipal service In Russian federation"	Municipal employees	Up to a year
Federal Law of 27.05.1998 No. 76-FZ "On the status of military personnel"	Military spouses	Part of the spouses' leave that exceeds the duration annual leave in the main place
Federal Law of 09.01.1997 No. 5-FZ "On the provision of 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 15.01.1993 No. 4301-1 "On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory"	Heroes of the USSR, RF and full holders of the Order of Glory	Up to 3 weeks per year
Federal Law of 12.01.1995 No. 5-FZ "On Veterans"	War invalids	Up to 60 days a year
	WWII participants	Up to 35 days a year
	War veterans
	Those who worked during the Second World War at air defense facilities, the construction of defensive structures, naval bases, airfields and other military facilities
Federal Law of 12.06.2002 No. 67-FZ "On Basic Guarantees of Electoral Rights and the Right to Participate in a Referendum of Citizens of the Russian Federation"	Proxies of candidates running in elections, as well as proxies of electoral associations	For the period of office
Federal Law of 22.02.2014 No. 20-FZ "On the election of deputies The State Duma Federal Assembly of the Russian Federation "	Trustees of a political party, candidates nominated by electoral districts	For the period of office

Note: the refusal to grant leave guaranteed by labor legislation, and the subsequent disciplinary punishment of employees who took 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 claim against the Municipal House of Culture and Arts named after GV 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 post of the head of the district, certificate No. 1 was issued stating that she was the proxy of the candidate. The employer was informed about this.

08.08.2014 Z. received a phone call, she was informed about the need to report to the administration of the Moscow region, where she stayed from 13.00 to 18.00. On August 11, 2014 Z. submitted an explanatory note, in which she indicated the reasons for the absence and the details of the identity card of the trustee, and attached a certificate from the administration of the Moscow region. However, the MU management nevertheless dismissed Z.

By virtue of Art. 43 of Law No. 67-FZ, for the period of authority of a proxy, the employer is obliged to give proxies, upon their request, unpaid leave. Since Z. was not granted such leave, even though she did not write a statement, but informed the management about the need to be absent by phone, the dismissal was declared illegal: there was a good reason for leaving work - carrying out activities related to elections, about than Z. subsequently provided a certificate (Appellate ruling of the Moscow Regional Court of 18.03.2015 in case No. 33-5980 / 2015).

For your information

The cases of granting unpaid leave can be established by collective bargaining or industry agreements. For example, the Industry Agreement on Organizations of the Federal Agency for Technical Regulation and Metrology for 2015-2017 gives a woman with a child under the age of 16 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 in full as determined by law, collective agreement or agreement, then upon a new request during the same year, the employer has the right to refuse such a leave to an employee of a preferential category. For example, a disabled employee received 30 days of unpaid leave in April and August 2015 (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 again, for example, in November, the employer has the right to refuse to grant such leave and this will not be a violation of the law.

The period of unpaid leave

How long can unpaid family leave be granted? The Labor Code does not provide a clear answer to this question and does not establish restrictions. Therefore, according to general rule such leave can last a day, a week, several months, or any other period on which an agreement is reached between the employee and the employer.

However, some regulations provide for a time limit on unpaid leave. For example, on the basis of paragraph 15 of Art. 46 Federal law dated 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 legislation does not contain an answer. We believe that in this case, the employee has the right to count only on a longer vacation.

Note that keeping records of unpaid vacations is necessary for several reasons.

First, as we have already said, this will help the employer to justify the refusal to grant leave to employees who, as a general rule, the employer is obliged to grant it (Appellate ruling of the Altai Regional Court of 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 granting annual paid leave. Recall that according to Part 1 of Art. 121 of the Labor Code of the Russian Federation, the length of service, which gives the right to an annual basic paid vacation, includes the time provided at the request of the employee without pay, not exceeding 14 calendar days during the working year. Leave (s) without pay in excess of 14 days shall not be included in the specified length of service.

The non-inclusion of such time is reflected in an increase in the working year by the corresponding number of days, which in HR administration means the displacement of the beginning or end of the working year in which unpaid leave was used (Appellate ruling of the Krasnoyarsk Regional Court dated March 18, 2013 in case No. 33-2432).

For example, an employee got a job in an institution on 03/10/2015. The duration of unpaid leave in 2015 was 20 days. Since he was granted more than 14 days of administrative leave, the length of the working year will increase by more than 14 days - 6. Thus, the working year will start 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 case of a decrease in the volume of work - is a violation of labor legislation), that is, the employer needs an employee's statement. The application must indicate the reasons why the vacation is necessary 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 object", "Agreed". On the basis of such a certified statement, an order is issued to grant unpaid leave. For this, a unified form T-6 (T-6a) or a form approved by the institution is used. 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 workers go on vacation without waiting for an order. In this case, if they do not belong to the preferential categories for which leave must be granted, the employer can fix absenteeism and apply disciplinary measures up to and including dismissal. For example, the Leningrad Regional Court in its Ruling No. 33-3394 / 2014 of 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 granting of leave must be formalized by order.

The order on granting 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 employs remote employees, unpaid leave can be issued for them by exchanging 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?

A clear answer in labor law no. But we believe that the employer may well recall the employee from vacation, using, by analogy, the provisions of Art. 125 of the Labor Code of the Russian Federation, regulating withdrawal from annual paid leave. True, with one caveat: the days remaining from the administrative leave in connection with the recall from it are not subsequently added to any vacation 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 grant such leave. They are determined by the Labor Code, other federal laws, agreements, collective agreements. In addition, remember that vacation periods in excess of 14 calendar days are not included in the length of service for the provision of annual paid vacation. And, of course, do not send employees on leave without paying wages yourself, that is, do not show initiative - if during the consideration of the dispute, compulsion to such leave is revealed, it is possible to apply administrative measures to the employer in the form of a fine under Art. 5.27 of the Administrative Code of the Russian Federation.

Whether the employer is obliged to provide the employee with a vacation at his own expense, how to properly arrange a day off without pay, how many days such leave under the labor code provides and where to go in case of violation of the employee's rights - we will tell you more about all this.

Reasons and conditions for provision

In this case, it means release from work, in which the vacationer not paid it average earnings but persists workplace ... It is very relevant in a situation when the employee has already been or does not have enough duration to resolve any personal issues.

The initiative to provide such time off can come exclusively from the employee, while the employer of the employee forcing him to write an application for unpaid leave is considered a violation of labor rights.

A specific list of circumstances that may serve as the basis for providing days without payment is not regulated by labor legislation. This leave is provided for family reasons or for other compelling reasons.

The Labor Code gives the employer the right to assess how valid the reasons given in the application are.

At the time of the adoption of the collective agreement, reasons are stipulated that can be recognized as valid when provided. This ensures an objective management approach.

Providing this type of time off is the employer's right. If the employer is obliged to provide annual paid leave, then the application for an unpaid day off has the right not to agree.

When are the days off required?

Despite the fact that the employer is not bound by the obligation to provide days without payment to any subordinate, there is a legally enshrined group of workers whose refusal will be regarded as a violation.

employees who are participants in the war. This category is gradually losing its relevance. These employees are usually already retired;
workers who have already earned a pension, but are still working;
employees killed in the performance of their duties, as well as relatives of those killed from injuries or diseases related to the performance of duty;
employees having.

In addition to this category of workers, whose rights are guaranteed by the legislator, there are a number of cases in which the employer has an obligation to provide days without pay.

These are the following circumstances:

the birth of a baby,
marriage,
the death of a loved one.

The employer is not obligated to provide days without payment to any subordinate.

If the day off is not agreed

Can they refuse leave without pay. The above categories, as well as employees under the aforementioned life circumstances, cannot. but the rights of the employee are not always respected... What is the right thing to do in such a situation.

To protect your violated rights, you can contact:

your organization's labor dispute committee (if there is one);
state labor inspectorate;
trade union committee (if any);

Procedure for providing

When can you take leave under the labor law? In order to receive leave at his own expense, the worker must express this request in writing. This requires apply to the employer with an application for unpaid leave.

If the employee has a direct supervisor, (for example, the head of a workshop, department, service), before contacting the employer or a person who decides personnel issues, it is necessary to obtain the consent of the immediate superior. Such a permit is issued with an approval visa.

Attention! If an employee is sick while on unpaid time off and opening a certificate of incapacity for work, the sick leave will not be paid. If the employee must start work, due to the end of the time off at his own expense, and the sick leave continues, only the time spent at work will be payable.

It is necessary to contact the employer with an application for unpaid leave.

To clarify the question of how to take a vacation at your own expense and write a statement, you should contact the HR department of the enterprise.

The text of the application must contain:

the number of days off at your own expense;
the number from which the employee wishes to receive time off;
the reason why such a need arose.

To prove the validity of the reason, it is better together attach copies of supporting documents with the application(a certificate from the clinic about the condition of a sick relative and the need for outside care, a copy of the marriage application at the registry office). Some documents, due to the need for the urgency of the rest, in agreement with the tenant, can be provided later.

After the employer has agreed on an application for unpaid leave personnel service issues an order, with which the employee must familiarize himself, affix the date and signature.

Duration

Maximum length of unpaid leave and minimum number of days determined based on the agreement between the two parties labor relations- employer and employee.

Important! When counting the number of days eligible for annual paid rest, only 14 days of time off without pay in the employee's working year are taken into account.

The situation is clearly as follows. The employee came to work at the enterprise on April 15, 2017. He will receive annual paid leave for the period from April 15, 2017 to April 14, 2018. This is called his working year (for each employee, such a year is individual and is calculated from the date of employment).

If during the given working year the employer releases him for 20 unpaid days, only 14 of them will be included this business year. The other 6 employees do not “earn” a well-deserved rest.

In practice, this means that the worker's working year will be shifted by these 6 days. As a result, the period for which he will receive paid rest days will be increased.

The legislation establishes the categories of employees who are provided with time off at their own expense without the need to state the reasons to the employer.

The Labor Code establishes and limit amount days per year for each category of such workers:

for employees who took part in the Great Patriotic War- up to 35;
pensioners working for the employer, relatives of employees who died in the line of duty or as a result of an illness they received in the line of duty - up to 14;
disabled people - up to 60.

In the event of such circumstances as marriage, the birth of a child or the death of a relative, the employer's obligation is enshrined in law. provide up to 5 days without deduction.

However, this does not apply to the maximum length of unpaid rest days. This is the legal limit on the number of days that the employer is obliged to provide them without considering the reasons. That is, by agreement of the parties, the number of days can be increased.

There are situations when it may take days to resolve family issues on several grounds at the same time. For example, the birth of a child and the death of a relative. In such circumstances leave at own expense under the labor code is provided for each case.

The collective agreement may determine how many days can be borrowed at their own expense in each case. Such regulation at the local level will allow the worker and the employer to avoid conflict situations and ensure the observance of the rights of workers.

Attention! Due to the fact that rest days are not paid, no pension contributions are accrued for this period. Consequently, the period itself is not included in the insurance experience, on the basis of which the pension is calculated.

Return to work

In an ordinary situation, the worker returns to work when the day off ends at his own expense. According to the Labor Code, the algorithm for going to work before the agreed time is not regulated. The practice took the following path.

Based on the fact that the desire to take advantage of unpaid time off is the initiative of the employee, and the time off itself is the result of an agreement between the employer and the worker, then the reverse procedure has the same regularities.

The employee formalizes his desire to interrupt time off statement, the employer agrees and issues an order to invalidate the previous order for granting days without pay.

In such a situation, the question arises: is it necessary to warn the employer in advance about your intention. There is a certain rationality in this.

An urgent employee may be invited to the place of the absent employee. employment contract or responsibilities are assigned to the remaining workers. Therefore, the employer should have at least time to warn employees about the termination of the contract or the assignment of duties.

This period is established by law - three days. Therefore, the worker must notify the employer of the termination of unpaid leave before the agreed period at least three days in advance.

Video: At our own expense, if we agree

Providing days off at their own expense - the employee's ability to resolve family and other issues as agreed with the employer. This unpaid vacation has contractual and voluntary, this concerns its provision and duration.

Last modified: January 2020

Despite the statutory 28 calendar days of paid rest, sometimes unplanned situations arise that require temporary absence from the workplace. Family leave is often taken for reasons that could not have been foreseen in advance. Since the employee has already walked off paid days, he has to take a vacation without saving his earnings. However, even in this case, it is necessary to coordinate leaving work for several days of vacation with the management of the enterprise.

What is regulated

There are many situations when agreement may be required.

Common cases include:

serious illness or death of a loved one who lived in another region , in this connection, it became necessary to provide urgent assistance and organize care for the sick, organize a funeral;
the appearance of a new family member, a newborn, requiring the need to assist the spouse, transportation from the hospital after the birth of the child, spending leisure time with family members;
solemn registration of marriage of an employee or someone from his inner circle.

Unforeseen situations rarely coincide with the scheduled vacation with payroll. When processing has accumulated, it is allowed. However, work often does not imply overtime, work on holidays. For this reason, it is required to discuss with the management the possibility of absence for several days.

In labor legislation, the procedure for agreeing a vacation is strictly regulated. According to Art. 128 of the Labor Code of the Russian Federation, you can go on unpaid vacation on an application for a leave for family reasons.

For family reasons, it is possible to agree on the absence within 5 days, however, by agreement with the employer, it is possible to increase the duration. The possibility of extending the vacation is prescribed in the collective agreement (annex to labor contract).

The manager, deciding on the weight of the reasons for providing extra days, also proceeds from production necessity, the need for a worker in the period under consideration. The easiest way to determine the possibility of unpaid family leave is if the company has an internal Leave Regulation. In its clauses, agreed with the trade union, they indicate the norms that they adhere to when there is a need for extra days for family reasons.

Particular attention should be paid to the issue of observing the sequence of steps for obtaining leave without preserving earnings, since in case of violations in the procedure, the employee faces an administrative penalty and even dismissal.

By local documents (Collective agreement, Regulations) in the organization, it is possible to approve family leave with preservation of wages, which will be counted in the same way as when using next vacation.

In what cases is registration possible

Every employed person has the right to count on additional unpaid days if there are serious reasons in life that require the intervention or participation of the employee, but there are a number of categories for which additional leave given in priority.

Persons entitled to take leave without the consent of the employer include:

participants of the Second World War (such people are becoming less and less, and there are practically no employed citizens in this age category, but the norm continues to operate);
working pensioners (if a person continues to work after reaching the age after which the right to pension contributions comes);
relatives of employees who died during the performance of duties, who died from injuries received in the service, diseases that arose during the period of fulfillment of obligations, among police officers;
citizens with an assigned disability group (the right to unpaid additional leave arises for citizens with any disability group, including disabled persons as a result of work injury, diseases from childhood, injuries).

If a person does not belong to the above categories, in order to obtain the right to be absent for several days, it is necessary to convince the employer that leave is necessary.

In the presence of the following family circumstances, the employee is not entitled to refuse leave:

the subordinate asks for leave to register a marriage and organize celebrations;
absence from work is associated with the birth of a child, and it is necessary to organize assistance and care for the spouse and the newborn);
death of a loved one from an inner circle.

Other options for family leave should be sought in the clauses of the collective agreement and federal regulations.

How many days are allowed and for what reasons

There is a standard deadline for family reconciliation if there are good reasons for absence. The duration of the vacation is 5 days. However, the employer has the right to establish a longer duration of unpaid rest, having previously introduced the clauses of the collective agreement.

At the request and mutual agreement of both parties (subordinate and manager), the term can be increased.

However, additional leave for servicemen is fixed in terms of duration by law. According to Art. 11 of the Federal Law on military personnel, if any of the close relatives died, the term, how many days it is supposed to, is increased to 10 days. Rest for the personal reasons of military personnel is consistent with the same legislative act.

In addition to additional days, such workers are provided with travel expenses to the place of funeral and again to the place of duty.

Extension of vacation days in excess of the prescribed amount is also established for pensioners (up to 2 weeks) and participants in the Second World War (35 days).

Often, internal regulations contain their own standards for taking leave for family reasons, so you should proceed from the rules of the organization, unless otherwise established by federal regulations.

Description of the registration procedure

The procedure for taking family leave follows the generally accepted sequence:

The employee writes a statement addressed to the director of the enterprise. The easiest way to use a sample application accepted by the enterprise can be found in the human resources department. This document is the reason to initiate the process of agreeing on the forthcoming absence from work.
The leader examines the person's appeal and makes a resolution. If the reason is compelling and there are no other obstacles, the personnel department is ordered to issue an order granting several days of vacation. Sometimes it is possible to agree on a paid vacation, with the preservation of wages, but this moment remains at the discretion of the employer and is decided in a personal conversation with the management.
An important point when registering family leave is the need to familiarize yourself with the order. After issuing the order, the employee needs to sign at the bottom of the document, confirming the fact that he agrees with the granted leave and is duly notified.

An important condition is related to the need to wait until the order is issued and a copy of it is received, since in the event of an emergency leaving work, a situation is possible when the employer does not agree on the vacation, and the missed days will be counted as absenteeism, with all the ensuing consequences. The transfer of leave for family reasons is not provided if a new manager visa has not been obtained.

Supporting documents

To convince the employer of the existence of compelling reasons, supporting papers are attached to the vacation report.

Depending on the reason for leaving work for several days, the application must be accompanied by:

baby's birth document (drawn up at the maternity hospital);
a certificate issued in a polyclinic confirming the death of a loved one;
an application submitted by employees to the registry office for registration of marriage, indicating the date of the celebration.

Other documents may be required to confirm the existence of reasons for the absence of a person against their will.

The situations when it is necessary to formalize the absence may be different. Sometimes emergency relocation to another region is important. However, you should not leave the issue of agreeing a vacation unattended, so that upon returning you do not face big troubles at work.

Free question to a lawyer

Do you need a consultation? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer's answer depends on how fully and clearly you describe your problem:

Regulates Article 128 of the Labor Code. At the written request of the employee, indicating valid reasons of various kinds, the employer must decide on the possibility of granting such leave.

The duration of the vacation in accordance with the above article is determined by agreement between the parties. Any employee of the organization has the right to register it.

The very wording "for family reasons" is not indicated in the documents. Such a vacation is called, that is, the employee receives days off, but vacation pay is not paid to him, unless otherwise specified in normative act specific enterprise.

According to Article 128 of the Labor Code of the Russian Federation, vacation at their own expense can be taken by:

participants of the Second World War;
working people with disabilities;
parents, wives or husbands of military personnel who died / died during
service execution;
employees of organizations, if in their family, or in the case.

It is the last point that is usually called family leave. Other reasons may be included. The legislation gives the right to receive up to five days of rest these employees, but the employer has the right to set the period that it considers necessary or which is indicated in the annex to the employment agreement (collective agreement).

Causes and duration

The legislation provides for five days of leave without preservation of earnings in the event of the following circumstances:

the birth of a child in the employee's family (unpaid leave is granted to the father of the child, since a different type of leave is provided for women);
death of a close relative;
registration of marriage, if the employee himself / herself enters into the marriage.

At each enterprise, the collective agreement may establish a different period of stay on such leave.

By the decision of the employer and the employee's application, it can also be extended.

Leave is granted up to 10 days in case of death or serious health condition of his close relative (Article 11 of the Federal Law on the Status of Servicemen). Also, in accordance with this article, he is given days to travel to the place of the vacation and back.

Pensioners can expect to extend their vacation up to 14 days, participants in the Second World War - up to 35 days.

Registration procedure

The employee must write the reasons in writing.
The employer decides on the advisability of granting leave.
In a personal conversation with the employee, the terms and conditions are negotiated (in some cases, the average earnings are retained for the duration of the vacation, if this is established in local regulations).
The head gives an order to the personnel department to create an appropriate order.
The personnel department prepares an order, after signing which the employee will have the right not to go to work within the agreed period. can be issued in any form or in the form of T-6.

In the corresponding columns of the T-2 form of the employee's personal card, information is entered on the granting of leave without pay. It is also necessary to enter information in the time sheet.

The code for designating unpaid leave provided by law is OZ. If the leave is given with the permission of the employer - DO. In the future, these days will not be taken into account when calculating the average earnings of an employee.

Documents for confirmation

If, upon receiving an application from an employee, the employer doubts the reliability of the indicated reasons, he has every right to demand their confirmation.

It can be:

a certificate from the maternity hospital stating that the employee's spouse actually gave birth to a child, indicating the date;
a certificate from the clinic confirming the death of a close relative;
a photocopy of the marriage registration application submitted to the registry office.

It so happens that the documents do not have time to prepare on time, then the employee goes on vacation and, upon his return, provides all the required certificates. If he does not do this, they may be for absenteeism against him.