Reasons for family leave. For family reasons shopping mall rf. Who can take

The employee's leave is provided for by law as a regularity and the employee's right to rest.

But sometimes the reason for the interruption in work is urgent family matters... In this case, you have to ask the employer for unscheduled leave with the wording “for family reasons”.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call free consultation:

Legislative regulation

Strictly speaking, there is no such thing as family leave in the current labor legislation of the Russian Federation. There is an unscheduled unpaid period, to which the employee must leave for the settlement of some cases (Article 128 of the Labor Code). It can be family incidents, the need to get an education, and treatment, and other issues.

Everything about unscheduled time off must be settled with the director... It is for him that remains here the last word... The boss has the right to grant or deny the subordinate's request and such an answer will not look illegal.

Exceptions under the Labor Code of the Russian Federation are only in cases:

Also, the head of the enterprise does not have the right to refuse such a statement. war veterans, working pensioners.

Watch the detailed video about family leave:

Who can take?

Any worker at the enterprise has the right to apply for a work vacation. And for this it is not even necessary to provide supporting documents- if we are not talking about cases where the director's refusal is unauthorized.

It is impossible to give an unambiguous answer regarding the deadline for submitting an application. After all, a relative can die or be hospitalized with a serious illness at any time.

Preferable notify the manager as soon as possible and discuss this issue with him so that there is no downtime in his business.

Supporting documents

If it comes about the case when by virtue of law general director cannot refrain from letting go of the subordinate, then the statement is attached documents confirming the need for departure:

It is advisable to provide the original copy, but if this is not possible, you can submit a copy. If the event is not related to close relatives (Article 14 of the UK), and the vacation takes place in agreement with the director, then it is not necessary to provide documented evidence.

How to register?

Such a refusal is legal and nothing can be done about it.... A negative response is also considered legitimate if the subordinate did not provide any documentary evidence to his statement.

But if the director refuses even in mandatory cases and there are documented justifications for that, citizen has the right to complain in . If the violation is confirmed, the company faces a fine of 30 to 50 thousand rubles (Article 5.27 of the Administrative Code).

An individual entrepreneur will get off with a maximum of five thousandth fine. For a repeated violation of the same norm, the monetary penalty will increase to 20 thousand rubles for private entrepreneurs and 50 thousand more for organizations.

To convince the director to let go on vacation out of schedule, you will have to stock up on weighty arguments. The guarantee of the provision of time off for family reasons is only close relationship and extreme.

Regulates Article 128 of the Labor Code. By a written application from an employee indicating good reason different kinds of 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 the normative act of a particular 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 labor agreement(collective agreement).

Causes and duration

The legislation provides for a five-day 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, during the vacation, average earnings if specified in local regulations).
The manager gives an order to the personnel department to create a corresponding 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 saving wages... 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 receipt of 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 in 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.

Each person may have such circumstances, in connection with which he needs a few days of rest. These can be both mundane things and happy or sad events. How to properly arrange a vacation if you urgently need a few days to solve a problem?

Good reasons

Each employee has the right to arrange a few days at his own expense to solve his problems. By general rules, the employer is not obliged to release his employee for such rest. But if the parties agree with each other, then the employee may leave for several days.

There are reasons that are called "valid", and in the presence of which the management is obliged to give the employee several unpaid rest days.

Vacation at own expense is governed by Art. 128 of the Labor Code of the Russian Federation. This article says that an employee can get such a vacation:

for family reasons that will be considered a good reason;
the duration of the vacation must be agreed with the authorities, unless otherwise stated in the Labor Code of the Russian Federation.

Not a single legislative act prescribes the concept of "good reasons". The Labor Code of the Russian Federation says that family circumstances can be attributed to such reasons. That is, these are those circumstances that have a close relationship with events that happened to the employee himself or his family members. These circumstances require the employee to be absent from his immediate workplace for several days.

Unfortunately, not all employers share the family foundations and lifestyles of their employees, so they simply leave the application for such leave without movement and consideration. However, the law protects some family values, thereby obliging the employer to give his employee a few days if such circumstances occur.

In Art. 128 of the Labor Code of the Russian Federation spelled out valid reasons, in the presence of which, the employer is obliged to give his employee up to 5 calendar days recreation. These days are not paid. These reasons include:

birth of a child to an employee. These days are necessary for a young family to get used to a new family member, so that the father can help the mother in the first days after the birth of the baby, since the family is the greatest value;
Marriage registration. The employee has the right to use these 5 calendar days at his own discretion - to take them before the wedding, during the wedding or after it. The law does not oblige to use these days at any specific moment after or before the official marriage;
death of a close relative. These 5 days are given to the employee so that he can solve all the grievous issues related to the funeral and other necessary procedures. Some people take these days for moral recovery after loss.

The concept of "close relative" is spelled out in the RF IC. These include:

spouse;
parents / children;
grandmothers, grandfathers / grandchildren, granddaughters;
brothers / sisters.

The employer has the right to prescribe in local regulations and additional reasons for the mandatory provision of several days of rest. For example, some bosses give mothers a day of unpaid leave if the child is in first grade. As a rule, employers prescribe the following additional valid reasons:

illness of a close relative;
family circumstances other than those described above. For example, divorce in court;
seeing off to the army;
natural disaster or other extraordinary circumstance that befell the employee's family or the family of his close relatives;
child's school holidays;
quarantine at school or kindergarten;
collecting a child for a summer health camp;
passing a session or defending a thesis when receiving a second education.

In addition, there are categories of workers to whom the employer is obliged to provide unpaid leave at any time convenient for them. The length of such leave per year depends on the category of the employee, and can range from 14 to 60 calendar days.

These workers include:

participants of the Second World War;
old age pensioners and disabled people who continue to work;
spouses and parents of military men, firefighters, rescuers, employees of the Ministry of Internal Affairs, the prosecutor's office, and other law enforcement agencies who died during the service or from an illness that was received during the service.

Documents to confirm the reasons for the vacation

If there is a reason for granting leave, prescribed in Art. 128 of the Labor Code of the Russian Federation, it is not necessary to submit any supporting documents. It is enough to write an application addressed to the employer. In it, it is necessary to indicate the reason why the employee needs such rest, as well as the period. For example, a statement may contain the following wording:
"I ask you to grant me unpaid leave for the period from 05/10/2016 to 05/15/2016 for 6 calendar days due to the death of a relative."

In addition, certificates of birth, marriage or death are issued some time after the event. Therefore, when an employee writes an application for providing him with several days of rest at his own expense, he is physically unable to attach a supporting document to the application.

To avoid misunderstandings, he can bring a copy of the document later, and it will be filed in the employee's personal file.

In Art. 128 TC F says that the days at their own expense are provided to the employee after agreement with the management. Therefore, the application must bear the visa of the head of the structural unit. This will mean that the employee will rest with his consent, and this will not affect the work process in any way.

But the employer has the right to demand supporting documents. These include:

certificates from medical institutions stating that a close relative needs additional care. If the employee and the sick relative have different surnames, then confirmation of kinship may be required;
copies of marriage, birth or death certificates;
a copy of the telegram about the death of a close relative;
a certificate from the registry office stating that on a certain date and on certain time marriage is scheduled;
a certificate from the school's medical office or kindergarten that the institution / class / group is closed for quarantine;
a certificate from the university stating that the delivery of the intermediate or final certification falls for this period;
other documents that can confirm the need for the employee to be absent from the workplace for several days.

Dates of family leave

In Art. 128 of the Labor Code of the Russian Federation says that if an employee wants to use vacation precisely because of the birth or death of a loved one or in connection with his own wedding, then the employer must provide him with up to 5 calendar days. If the parties agree with each other, then the vacation can be longer. That is, the employee can take either 1 day or 5. The duration of the vacation he must indicate in the application.

working pensioners can count on 14 additional unpaid days a year if they are entitled to a pension by age;
family members of military personnel who were injured in the service or who died in the line of duty can count on 14 additional unpaid days per year;
working disabled people can count on 60 additional unpaid days per year;
parents who have children under the age of 3 years are provided with time off in agreement with their superiors.

Vacation denial

The reason why an employee asks his employer to provide him with several days of rest at his own expense is spelled out either in the Labor Code of the Russian Federation or in a local regulatory act, then the employer has no right to refuse leave. If such a situation has occurred, and the employer has not approved the application, then the employee must act as follows:

apply for unpaid leave officially, that is, through a secretary, with registration as an incoming document. IN general order it is recommended to do so, but many neglect this obligation and registration personnel documents occurs retroactively;
wait written refusal from the authorities;
write a complaint to the labor inspectorate, attaching a copy of your application and a copy of the refusal to it. The complaint must state the requirement to conduct an audit of the maintenance of personnel records and compliance with labor legislation;
wait for the verification results.

Before writing complaints to higher authorities, it is necessary to consult the management orally and provide links to the norms of the current labor legislation. You also need to voice your right to appeal to the labor inspectorate, the prosecutor's office or the court. Typically, after oral communication, the employer becomes more accommodating, and the employee receives his several days of unpaid leave.

If the vacation at his own expense is issued for reasons that are not spelled out either in the Labor Code of the Russian Federation or in local acts, then the employer has the right to refuse his employee.

Vacation registration

Like any other vacation, a vacation at your own expense for family reasons begins with writing an application asking for a few days.

In the application, it is necessary to indicate the period during which the employee, presumably, will not be at the workplace. You also need to indicate the reason for the absence. The application is signed and endorsed by the head of the structural unit. After that, it is sent to the authorities for signature. If there are no questions and problems, then after the paper is signed by the authorities, it is transferred to the personnel department.

The personnel service issues an order in the form of T-6 to provide a specific employee with several additional unpaid days. The order is signed by the head personnel service and leadership. On the basis of this document, an appropriate mark is made in the employee's personal card.

The order is given to the employee for review. As soon as he reads it, puts his signature and the visa is "familiarized", he can safely not go to work these days, without fear that they will be counted as absenteeism.

Vacation payments

In Art. 128 of the Labor Code of the Russian Federation says that leave to solve problems that have arisen for family reasons is a vacation at his own expense, that is, the employer does not pay for these days. No payments for these days are provided, and therefore no deductions for these days will be made to the funds either.

However, this does not mean that the employer does not have the right to independently pay for these days. He can prescribe in local regulations the fact that family leave can be paid. Then compensation for these days is calculated in the same way as compensation for annual vacation... That is, it is necessary to calculate the average earnings of a particular employee for 1 day and multiply this result by the number of days of rest for family reasons.

In addition, the employer may prescribe in the local act some additional payments and gifts to employees in connection with these family circumstances. For example, it can be:

monetary gifts for the birth of a child or for a wedding;
financial assistance in connection with the death of a close relative;
reimbursement of some expenses for treatment or purchase of medicines, if the vacation is associated with illness or care of a close relative;
cash gifts to those employees who take a vacation for several days in order to take their child to first grade;
compensation for the purchase of a voucher to a sanatorium for the rehabilitation of a close relative;
other financial assistance.

Conclusion

Family leave can be for various reasons. As a rule, the bosses go to meet their employees and allow them to take a few days to solve their problems.

In addition to work, any employee has a family, relatives, which means that there is always a possibility of a situation when an employee will need to be released from work to solve some family problems. In this case, the legislation provides him with the opportunity to take a vacation for several days at his own expense. In this article we will call it “family leave”.

Holidays at own expense

Such leave is regulated by Art. 128 of the Labor Code of the Russian Federation. Labor law uses the concept of “unpaid leave”. It is often also called administrative.

The specified article determines that such leave is granted:

for family reasons and other valid reasons;
duration, which is agreed between the employee and the employer.

This means that the employer is not obliged to provide the employee with unpaid leave, and if it is not profitable for him to leave the employee during this period, or if he considers the reasons given by the employee to be disrespectful, he can deny him leave. There are, of course, exceptions, for example students, veterans, government and municipal employees. The Labor Code secures them the right to a certain number of days of unpaid leave, which the employer is obliged to provide them in any case.

In this article, we will analyze only those cases when the employee refers to family circumstances in the vacation application.

Family circumstances

The specified phrase in this context means the circumstances caused by marital status the employee or his family ties, which may be valid reasons for the employee's absence from his workplace. Under such circumstances, the employee cannot solve the questions or problems that have arisen in his family without interrupting his work. For example, if, apart from the employee, there is no one to care for his sick relative.

Sometimes it is enough for the employee to indicate only this wording in the vacation application, and the vacation will be provided to him without any additional questions.

However, not all employers share the family principles of their employees, so the employee's application can be dismissed even if there are really valid reasons for the vacation.

At the same time, the legislator has ensured the protection of the employee's family interests, providing for such family circumstances that are the basis for the mandatory granting of leave, regardless of the position of the employer in this regard.

Firstly, these are the circumstances provided for by Art. 128 of the Labor Code of the Russian Federation, upon the occurrence of which the employer has the obligation to release the employee from work for up to 5 days:

birth of a child. The employee is given the opportunity to spend time with his family - spouse and child, without being distracted by work, to help a young mother in the first days after the baby is born;
death of a relative. Usually at this time the employee solves issues related to the funeral, the organization of a memorial dinner, on these days he himself experiences the loss of a loved one and provides moral support to other family members;
Marriage registration. The law does not regulate when an employee can use the prescribed 5 days on this basis. So, he can go on vacation 2 days before the date of the wedding and go out 2 days after it, or he can spend the entire vacation preparing for the wedding or spending time with his spouse after the celebration.

Secondly, the right to family leave for up to 14 days can be granted by a collective agreement to parent workers for caring for children (Article 263 of the Labor Code of the Russian Federation). These include:

employees who have two or more children under the age of 14;
parents of disabled children who have not reached the age of majority;
single mothers and fathers who are raising a child under the age of 14.

The leave should be provided to them at a convenient time for them, but cannot be accumulated and used in the next year.

Regardless of the reasons for which the employee goes on vacation, including for family reasons, it is necessary to remember about Art. 121 of the Labor Code of the Russian Federation, according to which in the case of a vacation duration of more than 14 days, the calculation of the calendar year for the appointment of a paid vacation is shifted by the amount of excess.

It should also be borne in mind that even with a fairly loyal attitude of the employer to the employee's family problems, abuse of the right to leave on such grounds may not have the best effect on the employee's reputation.

" № 5/2012

Judging by the letters and phone calls received by our editorial office, employers are increasingly interested in the issues of granting unpaid leave. Now preparations are underway for the summer cottage season, and then the garden season will come. Therefore, workers strive not only to extend their annual paid leave, but also to take a couple of days by the weekend. And sometimes it takes a day or two to solve some specific small matters (go to the hospital, draw up documents, etc.). The way out in this case is unpaid leave. In order to prevent violation of labor laws, the employer needs to know the intricacies of providing such leave. Let's talk about them in this article.

Cases of granting leave without pay

Unpaid leave is divided into two groups: those that are given at the discretion of the employer (that is, the employer has the right to refuse to grant leave) ( h. 1 tbsp. 128Labor Code of the Russian Federation), and those that the employer is obliged to provide at the request of the employee ( h. 2 tbsp. 128). Consider the first group.

Article 128 it was 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.

As you can see, granting this type of leave to an employee is a right, not an obligation of the employer, therefore he may refuse it if he considers that the reasons given by the employee in the application are disrespectful or not true.

Since the employer evaluates the validity of the reasons independently, disputes are possible, since there is no list of such reasons, as well as the criteria for classifying them as "valid", in the labor legislation.

Note that even if the employee does not indicate the reason why he cannot be present at work, the employer still has the right to meet him halfway and provide such leave. After all, an employee, asking for an administrative one, understands that he will lose in wages and will not take such a vacation “just like that”.

A situation is possible when the employer, considering that the reason is disrespectful and the vacation will negatively affect the course production activities, will refuse to provide it, and the employee still will not show up for work. This behavior of the latter is regarded as a violation labor discipline, for which the application of disciplinary measures is possible.

When does the Labor Code of the Russian Federation prohibit denying unpaid leave?

IN part 2 of Art. 128 of the Code, the categories of workers are indicated for whom the employer is not entitled to refuse to grant unpaid leave. Let's present them in the table.

	Length of unpaid 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 who died or died as a result of injury, concussion or mutilation received in the performance of military service duties, or as a result of an illness associated with military service	Up to 14 calendar days a year
Working disabled	Up to 60 calendar days a year
Workers in cases of childbirth, marriage registration, death of close relatives	Up to 5 calendar days

Based Art. 173 of the Labor Code of the Russian Federation the employer is obliged to provide unpaid leave to persons who combine work with study at higher educational institutions with state accreditation. The employer, upon a written application from these persons, is obliged to provide them with 15 calendar days of leave for entrance examinations, passing final exams. The duration of unpaid leave for the preparation and defense of the final qualifying work and the final state exams is four months, and for the final state examinations - one month. A similar guarantee is provided Art. 174 of the Labor Code of the Russian Federation for employees - students educational institutions secondary vocational education, but the periods of such leaves have been reduced and range from 10 calendar days to two months.

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 employee's annual paid leave is less than the duration of the leave at the main place of work, then the employer, at the request of the employee, must provide him with leave of the corresponding duration without pay.

Besides, Art. 319 of the Labor Code of the Russian Federation the right of employees to one unpaid day per month is provided for one of the parents (guardians, trustees, foster parents) working in the Far North region or in an equivalent area with a child under 16 years of age.

Refuse to grant unpaid leave guaranteed labor legislation, the employer is not entitled, as well as to apply disciplinary measures to employees who took such leave without his consent. There are many examples of judicial practice confirming this, we will cite one of them.

K. applied to the Meshchansky District Court of Moscow with a claim against the State Educational Institution for reinstatement at work, collection of wages for the time forced absenteeism and compensation for non-pecuniary damage. In support of the claim, he indicated that on 09/07/2009 he was dismissed from his position for absenteeism without good reason, however, it is illegal, since on 08/27/2009 K. filed an application for provision in accordance with Art. 128Labor Code of the Russian Federation unpaid leave for the period from 08/27/2009 to 08/28/2009 as a working pensioner.

According to Art. 128Labor Code of the Russian Federation 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. By virtue of this provision, the employer is obliged, on the basis of a written application from the employee, to provide unpaid leave, in particular, to working old-age pensioners (by age) - up to 14 calendar days a year.

By virtue of nn. "D" p. 39Resolutions of the Plenum of the RF Armed Forces of March 17, 2004 No.2 if the employee is terminated by nn. "A" clause 6, part 1 of Art. 81Labor Code of the Russian Federation for absenteeism, it must be borne in mind that it is not absenteeism that the employee uses rest days if the employer, in violation of the statutory obligation, refused to provide them and the time the employee used such days did not depend on the employer's discretion.

The court found that on August 27, 2009, K. had applied for unpaid leave as a working pensioner. This application was received by the employer on August 27, 2009, but the decision on it was not made by the GOU in the manner prescribed by law.

Resolving the dispute, the court of first instance came to the conclusion that K.'s demands for reinstatement at work were satisfied, since the GOU had no grounds for dismissing him for absenteeism. The plaintiff's absence from the workplace was due to valid reasons: by virtue of the provisions Art. 128Labor Code of the Russian Federation the plaintiff, as a working pensioner, was entitled to unpaid leave. The failure of the respondent to provide the plaintiff with the said leave cannot be evidence of unauthorized leaving the plaintiff on vacation and his committing truancy, since the law in this case imposes on the employer the obligation to give the employee such leave. This decision was upheld by the cassation instance (Determination of the Moscow City Court dated 12.07.2011 No. 33-21571).

Other regulations that do not allow the employee to refuse to provide unpaid leave

The obligation to provide unpaid leave may arise from the employer not only according to the norms Labor Code, but also due to other federal laws:

1)dated 12.01.1995 No.5-ФЗ "On Veterans":

war invalids are provided with up to 60 calendar days a year ( Art. fourteen);
participants of the Great Patriotic War - up to 35 calendar days a year ( Art. fifteen);
war veterans - up to 35 calendar days a year ( Art. sixteen);
military personnel who passed military service in military units, institutions, military educational institutions that were not part of the active army, in the period from 06/22/1941 to 09/03/1945 at least six months, servicemen awarded orders or medals of the USSR for service in the specified period - up to 35 calendar days a year ( Art. 17);
persons awarded the sign "Resident besieged Leningrad", - up to 35 calendar days a year ( Art. 18);
persons who worked during the Great Patriotic War at air defense facilities, the construction of fortifications, naval bases, airfields and other military facilities within the rear borders of operating fronts, operational zones of operating fleets, on the front-line sections of iron and highways, - up to 35 calendar days ( Art. nineteen);

2)from 22.08.1996 No.125-FZ "On higher and postgraduate vocational education» : according to him Art. 17 15 calendar days of unpaid leave is provided to employees entering universities;

3)dated 27.05.1998 No.76-FZ "On the status of military personnel": leave is provided for spouses of military personnel;

4)dated 09.01.1997 No. 5-FZ "On the provision of social guarantees To Heroes of Socialist Labor and Full Cavaliers of the Order of Labor Glory ": according to his Art. 6 the named persons are provided with up to three weeks a year at a convenient time for them;

5) dated 12.06.2002 No. 67-FZ "On basic guarantees of electoral rights and the right to participate in a referendum of citizens Russian Federation"- to the proxies of candidates and electoral associations for the period of exercising their powers ( Art. 43);

6)dated 18.05.2005 No.51-FZ "On the election of deputies the State Duma Federal Assembly of the Russian Federation "- to members of the election commission with the right of an advisory vote on the basis of Art. 22 of the law, the employer is obliged to provide any day and for any amount of time from the date of registration of the candidate to the day of the official publication of the election results

Local regulations on administrative leave

Local regulations employer, collective agreement or sectoral agreements may provide for other categories of workers and cases of granting unpaid leave.

So, by virtue of Art. 263 of the Labor Code of the Russian Federation the collective agreement may establish annual additional unpaid leave of up to 14 calendar days for employees:

having 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 the age of 14 without a mother.

Moreover, labor legislation establishes that this unpaid leave is granted to employees of these categories at a convenient time for them. On a written application of the employee, it can be added to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

Refusal to grant unpaid leave in accordance with the norms of the collective agreement in the event of an employee's appeal to the regulatory authorities will be recognized as illegal. Here is an example from judicial practice.

Sh. A. V. applied to the court with a claim against the MU for reinstatement at work, collection of wages for the time of forced absence, compensation for moral damage. On 05/13/2010, he turned to the director of the MU with an application for additional leave without pay from 05/17/2010, since in accordance with clause 4.7 of the collective agreement, employees with two children under the age of 14 are obliged to provide this leave at a convenient time for the employee. Not having received from the director of the MU a refusal to grant leave, the plaintiff left for additional leave from 05/17/2010 to 05/28/2010, after which he went to work. He was ordered to dismiss him for absenteeism.

By the decision of the Zherdevsky District Court of the Tambov Region, Sh. A. V. was reinstated at work.

In accordance with nn. "A" clause 6, part 1 of Art. 81 of the Labor Code of the Russian Federation an employment contract may be terminated by the employer if the employee commits truancy, that is, absence from the workplace without good reason during the entire working day (shift), regardless of its (her) duration, or more than four hours in a row during the working day (shift).

Having examined the materials of the case, the court concluded that the plaintiff did not commit truancy. In the period from 05/17/2010 to 05/28/2010 he was on additional leave without pay, which is provided Art. 128Labor Code of the Russian Federation and clause 4.7 of the collective agreement of the MU. The MU had no right to refuse to grant this leave.

The Tambov Regional Court upheld the decision of the Zherdevsky District Court of the Tambov Region (cassation ruling of 13.09.2010 No. 33-2693).

Federal sectoralagreementfor the coal industry of the Russian Federation for 2010 - 2012(registered by Rostrud under No. 147 / 10-12 ( Letter dated 30.04.2010 No.2100-TK)) unpaid leave is established for a period of up to five calendar days in cases of marriage of employees' children.

In addition, the granting of unpaid leave may be associated with a specific event. For example, p. 2.7 of the Sectoral Tariff Agreement in the Electric Power Industry of the Russian Federation for 2009 - 2011 the years additional paid vacations are provided for the following reasons:

a) one of the parents or another person (guardian) raising children - students elementary grades(1st - 4th grade), on the Day of Knowledge (September 1);

b) the father at the birth of the child;

c) marriage of an employee or his children (in all cases if the marriage is contracted for the first time);

d) death of family members (spouse (wife), parents (guardian, trustee), children, siblings).

Duration of unpaid leave and its accounting

The duration of unpaid leave is not limited by labor legislation and is established by agreement between the employee and the employer, unless it is established by the Labor Code and other federal laws.

The period of the employee's stay in the administrative office must be recorded in the time sheet (forms T-12, T-13). Depending on the reason for granting leave without pay, the following designations are used:

"UD" (digital 13) - additional leave in connection with training without pay;
"DO" (digital 16) - unpaid leave granted to an employee with the permission of the employer;
"OZ" (digital 17) - unpaid leave under the conditions stipulated by the current legislation of the Russian Federation;
"DB" (digital 18) - annual additional leave without pay;
"НВ" (digital 28) - additional days off without pay.

Note that the administrative accounting is associated not only with the size of wages, but also with the length of service for the provision of annual paid leave. So, Art. 121 of the Labor Code of the Russian Federation the procedure for calculating the length of service, which gives the right to annual paid leave, has been established. In accordance with this article, the time of unpaid leave granted at the request of the employee, not exceeding 14 calendar days during the working year, is included in the length of service, which gives the right to annual basic paid leave. It turns out that if the total duration of administrative leave during the working year was, for example, 25 calendar days, then when calculating the length of service, which gives the right to annual paid leave, calendar days starting from the 15th day are not taken into account.

For example, an employee got a job on 04/12/2010. The duration of unpaid leave in 2010 was 27 days. Since he was granted more than 14 days of administrative leave, the length of the working year will be increased by the number of days exceeding 14 - 13. Therefore, the working year will increase by 13 calendar days: it will start on 12.04.2010 and end on 24.04.2011.

Registration of unpaid leave

To receive unpaid leave, the employee must write an application requesting it. In such a statement, he should indicate the reasons for which such leave is necessary for him, and the desired dates of rest. Recall that the employer may refuse to grant leave if it considers the reasons specified in the application to be disrespectful, except for cases when such an application is received from employees on the grounds specified in Art. 128Labor Code of the Russian Federation.

After agreement with the head of the company, an order is issued in the form of T-6 (or T-6a in case of vacation for several employees). Section "B" of the form indicates the type of leave - "unpaid leave", the number of calendar days of leave and the dates on which it falls. The order is signed by the head of the organization or an authorized person.

Often, an application for administrative leave is submitted to the immediate supervisor, who agrees to release the employee. However, if an employee goes on vacation without waiting for the order to be issued, such actions can be regarded as absenteeism. And here is an example from judicial practice.

The Basmanny District Court of Moscow considered the case on the claim of Sh. To ZAO for changing the wording of the grounds for dismissal to, recovery of average earnings during the forced absence, compensation for moral damage.

Sh. Was dismissed on September 13, 2010 for absence from the workplace on September 9 and 10, 2010 without good reason. Believes that the dismissal is illegal, since she received permission from the management not to go to work during the controversial period.

The court found out that, in accordance with the terms of Sh .'s employment contract, a five-day week (40 hours) was established. The immediate supervisor did not object to the granting of unpaid leave. However, Sh., Not convinced that the company's management had issued an order granting her unpaid leave on September 9 and 10, 2010, was absent from the workplace full time. Since CJSC in force Art. 128 of the Labor Code of the Russian Federation there is no obligation to provide Sh. with days of rest, and no violations of the procedure for applying disciplinary measures have been identified by the company, the dismissal is legal and justified.

Disagreeing with this decision of the district court, Sh. Appealed it on appeal. However, the court of cassation confirmed the findings of the district court and refused Sh. To satisfy the requirements (Determination of the Moscow City Court of 18.03.2011 in case No. 33-7425).

The employee must be familiarized with the order on granting unpaid leave against signature. In case of refusal of the employee, an appropriate act is drawn up.

Sometimes the question arises: is it necessary to draw up a note-calculation on the granting of leave in the form of T-60? Since this document is necessary for calculating wages when granting leave, and administrative leave does not imply its payment, it is not necessary to draw up a calculation note.

On the basis of the order, an entry is made in the employee's personal card (form T-2) in section VIII, indicating that it is precisely unpaid leave that is granted. In addition, the number of days, the start and end dates of the rest and the details of the order - its date and number are indicated.

Is it possible to recall an employee from the administrative office?

The current legislation does not regulate this issue. We believe that recall from unpaid leave is possible by analogy with Art. 125 of the Labor Code of the Russian Federation, which regulates the procedure for recalling an employee from annual paid leave.

To terminate the leave initiated by the employer, you must request the employee's consent to this. After receiving this, an order is issued. Its unified form is not provided, it is drawn up in any form indicating the reasons for the recall and the date of entry to work.

However (unlike the annual paid leave), the days remaining from the administrative leave in connection with the recall from it are not subsequently added to any leave and are not provided at any time convenient for the employee during the working year.

Unpaid "compulsory" leave

The State Labor Inspectorate quite often accepts applications from employees in which they complain that the employer forced them to write an application for unpaid leave, threatening to be fired. If the inspectors, carrying out control and supervisory measures at the employer, reveal a violation, quite often this “goes sideways” for the employer: measures of administrative responsibility are applied to him. Recall that according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation violation of labor legislation entails the imposition of an administrative fine:

for officials - in the amount of 1,000 to 5,000 rubles;
on persons carrying out entrepreneurial activity without forming a legal entity - from 1,000 to 5,000 rubles. or administrative suspension of activities for up to 90 days;
on the legal entities- from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days.

But not only an administrative fine threatens the employer. The court may regard the time spent by the employee in the administrative forced as a simple one with all the ensuing consequences. Thus, G. applied to the district court with a claim to restore the labor rights violated by the employer. During the court proceedings it was found out that the employer asked G. to write an application for administrative leave, as he did not have a job for her. Having examined the materials of the case and after listening to the testimony of witnesses, the court found that the employer violated labor rights G. provided to her Art. 157 of the Labor Code of the Russian Federation... In particular, there was a downtime due to the fault of the employer, payable in the amount of at least 2/3 of the employee's average salary. Since, in violation of the obligation established Art. 22 of the Labor Code of the Russian Federation, the employer did not provide G. with work due to labor contract, the court ruled to recover from the employer the earnings not received by the plaintiff as a result of unlawful suspension from work, payment for the services of a representative and compensation for moral damage.

"On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation."

Validity of this document extended until 31.12.2012 (clause 4 of the Agreement on Amendments and Additions to the Industry Tariff Agreement in the Electric Power Industry of the Russian Federation for 2009-2011 and the extension of its validity).