Every employed citizen has the right to legal rest. Usually, all employees are granted annual leave annually. Some categories of subordinates are entitled to additional rest. For example, pregnant women. Consider a sample application for leave before the decree. In addition, we will try to find out all the features of providing such a vacation. Indeed, without this, it will not be possible to comply with current legislation. Relying on the employer in this matter is not worth it. It’s not a secret to anyone that they try to infringe on maternity and pregnant women rights.
About vacation
To begin with, we will understand what the current legislation on this issue says. The Labor Code of the Russian Federation indicates that each employee has the right to receive leave in the manner and quantity established by the employment contract. Moreover, paid.
This opportunity opens after working in the company for at least six months. But some categories of employees may take leave earlier. This is quite normal.
Pregnant rights
An application for leave before the decree (you will be able to consider a sample document below in the article), a girl preparing to become a mother can apply even in the absence of sufficient work experience. After all, pregnant women have special rights at work. This is one of the most protected categories of subordinates.
Can a pregnant woman be refused a guaranteed vacation period before the decree? Not. This will violate the rights of pregnant women guaranteed by the Labor Code of the Russian Federation. Therefore, you can not worry.
About payment
The sample application for annual leave before the decree is quite simple. In order to draw up such a document, it is enough to observe the simplest rules, which we will talk about later. But to understand the rights and features of this period is more difficult.
Will leave paid prior to maternity leave be paid? Yes. But, as practice shows, no increased payments to the future maternity leave are allowed. Cash payments will be calculated depending on the salary of the subordinate.
Simultaneously with this leave after the decree will be paid generously. At a rate of about 60% of childcare benefits. But such a rest period is too short - a maximum of 28 days. This is his only minus.
About the schedule
A sample application for leave before the decree we will consider below. This document has no significant features.
The legislation of the Russian Federation requires all employers to draw up vacation schedules. They are usually compiled at the beginning of the year and then approved. Accordingly, paid leave is offered in order of priority. Everything is legal and fair.
Only women during pregnancy can ask the employer to postpone their vacation. This right is for this category of employees. After all, these are privileges. And pregnant women have to be treated in a special way.
Nature of the request
It is worth noting that just so no one will send a girl on vacation. This is a right, not an obligation.
What does it mean? A woman should request a review of the approved vacation schedule. And after that she will be provided with rest before childbirth.
It follows that the sample application for leave before the decree is declarative in nature. If the girl does not ask about him, no one will insist. Moreover, the majority of employers are silent about the possibility of receiving additional “days off” before childbirth and the decree.
Prepaid expense
In some cases, the study period is "issued" in advance. When is this possible?
If a woman has a continuous experience in the company for less than 6 months.In such circumstances, a maximum of 28 days vacation is offered in advance.
Where it leads? Sooner or later, the guaranteed (by agreement) annual vacation will not be provided to the girl. And it will be legal. After all, as we have said, before giving birth, rest will be given in advance. That is, in advance.
Holiday Features
An application for leave before the decree (the 2017 model is no different from the documents of previous years) is simple to draw up. Even a schoolboy could cope with this task. But first, you will have to familiarize yourself with the features of additional relaxation before replenishment in the family.
Employers are required to provide only 1 unused maternity leave. This rule must not be violated. If an employee has several vacations, they cannot be put together and require a long rest. More precisely, the employer can let the employee go, but all “additional” vacations will be at her expense, without payment.
A woman receives all unused days of legal rest in only one case - upon termination of the employment contract. Thus, if a girl has been working in the company for a long time and during this period has given birth to more than one child, then before the second decree she cannot get 2 months of rest due to unused days before the first birth. However, in the event of dismissal, she has the right to claim compensation for all vacations not received.
Document form
How to write a vacation application before the decree? The form of the paper is not defined by law. We can only say that the document must be presented on a tangible medium. For example, written on paper or sent electronically. The latest scenario is not welcome. It is best to draw up an application for the next vacation before the decree on a regular A4 sheet. Writing it is allowed by hand or using a computer.
Structuring
What does the study paper look like? She, as we emphasized earlier, does not have an exact form. And it gives a lot of trouble. Especially if you create a document from scratch.
It is important to remember that the correct sample application for leave before the decree has a certain structure. At the document you can see:
- a hat;
- name;
- the main part;
- attachment;
- conclusion.
The standard form of any application. If a citizen has previously encountered such documentation, a request for leave before the decree will not cause any trouble.
About the "hat"
A few words about each element of the studied paper. Let's start with the heading.
An application for leave in advance before the decree (a paper sample is presented for attention) begins with this component. The "hat" is made out as standard in the upper right corner.
The following data is indicated here:
- Full name of the head of the company;
- Name of the organization;
- Full name and position of employee.
There is nothing more in the header. Each of its elements is written with a new line, under each other.
Name
Any sample application for leave before the decree will have a component called "name". It is written with a new line under the header, in the center of the sheet. Begins with the word "Statement."
The clarification is written below. In our case, this is "on the provision of leave before the decree." The line begins with a small letter.
Main part
An application for annual leave before the decree (a paper sample we can see later) is made without much difficulty. Special attention should be paid to its main part.
This is a description of the situation and a request for legal rest before the decree. The exact form of this text has not been established. Therefore, you can convey the idea to the employer in your own words. The main thing is to make it clear what the woman asks for.
It is advisable to indicate the vacation period in the main part of the request. So you can avoid trouble in the future.
application
When thinking about how to write an application for leave before the decree, it is important to realize that some documents are sometimes attached to this paper. For example, a certificate from a doctor about the state of health.
All attached extracts and documents are drawn up as an application. This is a numbered list of papers with their exact name and number of copies. The formation of the application does not cause any difficulties. Most often, you can do without this component.
Finally
There are no problems with making a request. The thing is that they describe the date of filing the application and the signature of the applicant.
There are no more components in the conclusion of the paper. Unless the decryption of the signature. These are just a few lines, but you cannot do without them. The application will not have any legal force without the mentioned component.
Sample leave application before decree?
So. What does the right sample leave application look like before the decree? You can see a good example below.
This is just a template that demonstrates all the principles described above in action. But this does not mean that the statement should be just that. An example is the basis for creating the studied paper. Now everyone can write the appropriate request.
findings
We figured out how to make a vacation application before the decree. You could study a sample of this paper a little higher in the article.
As we have already noticed, the document does not stand out anything special. This is a variety of statements that are not difficult to compile.
It is important to remember that the girl must demand written rest before giving birth. Otherwise, the employer has the right not to let the employee go. According to the law, an oral request in this case will not have any power.