Application for administrative leave of absence – we describe in all the details

Application for administrative leave: who and under what circumstances can write it

According to Russian labor legislation (LC RF), every employee is entitled to leave, which implies a temporary cessation of work activities in a specified and agreed period. In this article, we will consider what is administrative leave, a sample application for it and some of the nuances of its granting.

What is administrative leave

As Article 128 of the RF Labor Code states, once a year an employee is granted an annual paid leave. In addition, the employee has the right to take administrative leave. It is additional unpaid leave. Another name for this type of leave is leave at own expense or without pay.

It should be noted that an employee may take unpaid leave only on their own initiative. The employer does not have the right to force an employee to take unpaid leave. For such actions he faces administrative responsibility.

Cases of granting unpaid leave

The Labor Code regulates the procedure for granting leave at one’s own expense. It is specified in Article 128 and Article 173 of the Labor Code of the Russian Federation. Let’s consider the cases in which the employer is obliged to let the employee take unpaid vacation.

Thus, up to 5 calendar days of leave are available to employees who:

  • A child was born;
  • death of a close relative;
  • Getting married.

Other reasons for granting unpaid leave are formulated as family circumstances or good reasons and indicate their name. However, the employer may refuse to grant leave for good cause, and has every right to do so.

  • people with disabilities – regardless of their health group, they can get unpaid leave of up to 60 calendar days per year;
  • participants of the Great Patriotic War who are entitled to up to 35 calendar days of administrative leave;
  • old-age pensioners;
  • spouses or parents of servicemen killed in the line of duty – can count on unpaid leave of up to 14 calendar days.

Thus, the employer must approve them for leave at their own expense, agreeing in advance on the dates of absence from the workplace. Despite the fact that the employee will not receive wages, the workplace is saved for him.

Also note an important detail: administrative leave is granted as required, not according to a schedule drawn up in advance.

Granting leave without pay at the employer’s initiative

As noted, the employer cannot forcibly place an employee on unpaid leave without good reason. In this case the employee may appeal to the appropriate authority – the Labour Inspectorate (GIT).

In accordance with the CAO RF such a violation threatens IEs and officials with a fine:

  • from 1000 to 5000 rubles. – For IEs;
  • From 30,000 to 50,000 rubles. – for organizations (as you can see, the fines are impressively higher).

However, there are good reasons when an employer can send in a semblance of a leave of absence. This occurs when he can no longer meet his obligations to his employees in full or it becomes uneconomical to do so. The employer can be exempted from paying wages, but is obligated to pay all employees forced to take such a leave of absence maintenance. For example, in the situation of downtime, the payment will be at least 2/3 of salary or average earnings for the entire period of “vacation.

For how many days you can take administrative leave

In accordance with the Labor Code, leave at one’s own expense is agreed between the employee and the employer. Thus, our legislation does not regulate this issue and leaves it to the discretion of the employee’s management.

Results

We have considered what is leave without pay, to whom it is entitled and which employees the employer has no right to refuse.

Thus, with the exception of the three situations considered and a certain category of persons, the employer may not grant administrative leave. This is only his right, but not an obligation.

In the application, the employee may specify the period of leave he needs. The employer, in turn, may reduce the number of days of leave or refuse to grant it at all. In any case, unpaid leave must be coordinated with the management, following all local acts of the company.

Leave without pay

Life dictates different circumstances, not always combined with the working schedule and routines. If a person needs to be present for some time not at work, but elsewhere, the employer can help him by granting leave without pay, if it is not contrary to the interests of the case. And sometimes an employer is simply required to let his ward go for a few days.

In the law the provisions on unpaid leave are only in Art. 128 of the Labor Code, so in the subtleties, nuances and related documentation have to managers and lawyers, regulating them by local acts.

Leave without pay (LWP) – “what do they do with it”?

Synonymous with this concept are “unpaid leave”, “unpaid leave” and “administrative leave”. All of these terms refer to free days allowed to an employee at his or her request, for which no pay is accrued. These days have nothing to do with basic annual leave, additional paid leave, weekends and holidays.

TIP! All types of leave are prescribed separately in the Labor Code, which means that they do not affect each other. Even if an employee has already taken annual and additional paid leave, no one has the right to prevent him from asking for days off and getting permission, if it is the will of the employer or the statutory provision.

The advantages of administrative leave related to work activities:

  • preservation of the employee’s job (from such leave can not be dismissed, except for the liquidation of the company);
  • exclusion of the period of administrative leave from the calculation of the average monthly salary (the amount does not become less due to the additional nonworking period);
  • the vacationer remains entitled to tax benefits for these periods;
  • leave without SPS does not affect the calculation of financial assistance for childbirth.

The disadvantages of such leave:

  • Absence of any payment for these days;
  • illness during this leave does not entitle the individual to sick pay;
  • Being away from work does not count as a pensionable service, as there are no contributions to the Pension Fund during the absence of a salary;
  • Such leave is not counted as probationary leave if taken during the probationary period.

NOTE: If an employee takes a paid vacation for the total period of a year longer than 2 weeks, his “working” year will be shifted by the number of days in excess of 14, i.e. the days will not be included in the employment record (Article 121 of the Russian Labor Code).

Is the employer obliged or entitled?

The manager has the right to decide whether an employee’s vacation will affect the company’s work and whether he or she can allow it. But there are a number of reasons enshrined in the LC, when the employer’s opinion on this matter is not taken into account.

You can’t not allow a leave of absence

The law regulates situations where it is unlawful to deny leave without pay for up to 5 days:

  • The arrival of a newborn baby in the family;
  • The wedding of the employee himself;
  • The death of a close relative.

WARNING on the last point: the law does not determine the circle of relatives whose deaths may become a mandatory reason for leave without pay. Their list can be fixed in additional documents or in each case to remain at the discretion of the employer.

The events that may lead to compulsory administrative leave are not related in any way: an employee has the right to leave work for 5 calendar days each time, even if these events happened one after the other, and even more than once. The employer can not refuse him.

Who else will be unconditionally released?

In addition to unconditional reasons for leave, there are socially protected categories of workers who cannot be told “no” in response to a request for “unpaid” leave. These include:

  • Employees who have reached retirement age (may take up to 2 additional weeks off during the year);
  • Parents and widows-widowers of military personnel (up to 14 days);
  • spouses of military personnel (entitled to extend their regular leave to the end of their spouse’s leave);
  • disabled persons (up to 2 months);
  • In-service students (for entrance exams, interim certification of part-time students, defense of diplomas).

The employer will release at any time and for any reason (for up to 14 calendar days), if requested by those mentioned in the collective agreement:

  • A father-mother of two or more children, if the children are under 14;
  • Caregivers of a disabled child under 18 years of age;
  • a single mother;
  • a father or other person who cares for a motherless child (up to the age of 14).

You can also take a leave of absence.

All other reasons for a leave of absence without an EJP are evaluated by the supervisor as to whether they are justifiable. Theoretically the employee can ask to be released for any reason and for any period, but whether to meet him, the head decides.

INFO! In the collective agreement, local acts, agreements it is possible to give reasons, which in the given organization will give the right of temporary freedom.

If the manager did not consider it possible to agree to the employee’s request, then unauthorized leaving for administrative leave is regarded as truancy, and the perpetrator on his return may well receive a reprimand and even be dismissed.

INFO! Not necessarily, but the supervisor has the right to demand from the employee a document certifying the reason given in the application. If the request has been made and the document is not provided after the leave of absence, the employee may be considered absent from work.

Voluntarily and in no other way

An employer does not have the right to force an employee to take unpaid leave in order to save on the payments due for downtime. If the labor inspectorate establishes this fact (for example, based on the employee’s complaint), the fine on the firm may be 30-50 thousand rubles, and on the manager – 1000-5000 rubles.

Observe the procedure

Formalization of vacations without SZP in many respects similar to the protocol on ordinary vacations, but has a number of nuances.

  1. Unpaid vacation days are not entered into the schedule and are not reflected in it.
  2. An employee cannot be recalled from this type of leave.
  3. Withdrawal from administrative leave earlier than the declared period is discussed with the employer on an individual basis.

What about substitutions?

There are cases when an employee asks for a long unpaid leave, the employer agrees and invites a temporary employee on a fixed-term contract to take his position. If the vacationer wants to return to service earlier than planned, how to deal with the “fixed-term”?

It is necessary to examine the employment contract concluded with the latter. If it specifies a specific event as the termination, namely the output of the main employee, then the fixed-term worker will be dismissed. If the contract has a specific date, then the fixed-term worker will have to wait.

The procedure for taking a leave of absence without an SPS

  1. Statement of the employee with a request for leave at his own expense (must contain the start date, duration and reason or a preferential basis).
  2. Resolution of the head (if the reason is not unconditional, and the author of the application does not belong to the privileged categories).
  3. Issuance and signing of the order on granting this leave (form No. T-6).
  4. Signature of the employee that he/she is acquainted with this order.
  5. Reflection of the information in a personal card.

Tabulation of vacations without a SLC

On the timesheet, employees’ unoccupied vacation days without pay are coded with a combination of letters or numbers by a code (one option is selected). The chart shows the commonly used codes for the types of leave without a PPC.

Type of administrative leave Alphabetic code Numeric code
1 Due to training УД 13
2 By permission of employer ДО 16
3 Reasons referred to in Article 128 of the Russian Labour Code ОЗ 17
4 Additional annual leave for social categories ДБ 18
5 Absenteeism (if the leave was unauthorized and unlawful) ПР 24

Sample application for unpaid leave

To the General Director of LLC “Vilena” Vikulova E.P., accountant Nikolaeva M.S.

APPLICATION

Please grant me leave without pay for 10 calendar days from 12.09.2015 to 22.09.2015 in connection with my own marriage.

18.08.2015. Nikolaev M.S. (signature)

Chief Accountant of LLC “Vilena” Not object (signature) Petrenko N.L. General Director of LLC “Vilena” Not object (signature) Vikulova E.P.

NOTE: On this application 5 days of unpaid vacation will be given to the employee unconditionally, and another 5 days he asks for – at the discretion of the employer (no objections in the example above).

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