Maybe not everyone, but many employers (and to a greater extent employees of the personnel department), by the nature of their activity, are faced with the topic of vacations, which employees ask to provide at their own expense. There may be various reasons for this. Consider the question of how to arrange everything correctly in compliance with the requirements of the law.
What is administrative leave?
Under this concept is hiding quite the usual vacation with the mark "at their own expense." The right to receive it is enshrined in the Labor Code of the Russian Federation (128 article). As a rule, we are talking about vacation, which is granted to the employee at his personal request. But there are cases in which this issue lies in the plane of the direct responsibilities of the employer.
Mandatory provision
All categories and groups of employees who are granted mandatory leave without pay are defined in the second part of Article TC mentioned above. This is the following contingent:
- retirees who continue to work;
- participants in the war (World War II);
- disabled people;
- all employees in the event of the registration of marriage, the death of a close relative or the birth of a child;
- the parents and legal spouses of servicemen who died due to injuries, injuries or contusions acquired in the performance of their duties in the service, died as a result of hostilities or as a result of an illness in any way related to the performance of the service.
In addition, the labor legislation of the Russian Federation provides for several more cases when administrative leave without pay must be provided without fail. So, according to the Labor Code of the Russian Federation, this requirement applies to employees entering or undergoing training in institutions of higher (part 2 of article 173) or secondary (part 2 of article 174) vocational education.
In addition, if an employee is part-time taken, and the duration of his leave (paid) is shorter than that at his main place of work, then the organization must provide the missing days upon application, but not paid. This issue is regulated in the second part of Article 286 of the labor legislation.
Do not forget that at the moment the Labor Code of the Russian Federation does not determine the reasons and grounds for giving the right to refuse to provide leave to these categories of employees without content. The position on the issue is clear and concise.
Leave without pay on agreement of the parties
Life circumstances may be different, and no one is safe from unforeseen difficulties. In this case, you can take the necessary days by filing vacation applications without pay. Duration is determined strictly by agreement with the authorities, this issue is regulated Art. 128 (Part 1) of the Labor Code. Attention when considering the application is paid to the specific reasons and circumstances that caused the need for leave. Having examined the practice of labor disputes and the current legislation, several reasons can be noted that are accepted as respectful. For example, state exams (if a person receives a second higher education), fire or other disaster, serious health of close relatives, etc. Although administrative leave without salary, even in these situations, the employee is not required to give. The key to success is a good relationship with management.
Indication of the reason is a necessary requirement, although they relate to the privacy of the employee. At the same time, the information that the employer received is personal data about the employee, and their storage, processing and use are carried out in accordance with the Federal Law No. 152-ФЗ dated July 27, 2006 and the provisions of the chapter of the Labor Code of the Russian Federation No. 14.
Table “Leave dates without maintenance”
The minimum and maximum period of administrative leave for family reasons is determined solely by agreement with the employer, the legislation does not introduce restrictions in this regard. On the issue of the obligatory provision of it, one must be guided by federal laws. Information on the terms of mandatory leave without maintenance is presented in the table.
| Employees of the organization who are granted administrative leave without fail | Duration (calendar days per year) |
| Participants of the war (World War II) | Up to 35 |
| Retired by age (old age), continuing to work | Up to 14 |
| Parents and legal spouses of servicemen who died or died due to injuries, injuries or contusions, acquired in the performance of their duties in the service, or as a result of an illness in any way related to military service. | Up to 14 |
| Disabled people | Up to 60 |
| All employees in the event of registration of marriage, the death of a close relative or the birth of a child; | For each base, up to 5 days |
Is unpaid leave included in seniority?
The period when the employee took a vacation without payroll is not included in the length of service, which is taken into account when assigning pensions. This is explained by the fact that for a given period of time a person did not work, therefore, did not receive wages, and deductions were not made to the Pension Fund.
Employee Guarantees
Before you go on vacation without saving the employee’s salary, it’s not out of place to find out some issues regarding his guarantees.
- It is unacceptable to dismiss an employee during this period at the initiative of the employer, the exception is when an individual entrepreneur ceases his activity, or when the organization is liquidated.
- If a person falls ill during sick leave and provides a sick leave to the institution, the organization bears no obligation to pay him temporary disability benefits.
- The position remains with the employee (Article 81 of the Labor Code of the Russian Federation).
- Administrative leave without pay is interrupted from the moment the decree begins, and the employer has an obligation to pay benefits due in connection with pregnancy and childbirth.
Is it possible to send an employee on administrative leave without fail?
The current labor legislation of the Russian Federation does not provide such a decision. The whole issue is regulated within the framework of the Labor Code of the Russian Federation, Article 128. In practice, cases of registration of unpaid leave at the initiative of the employer are very common. This is connected, as a rule, with crisis phenomena in production facilities (plants, factories). When reducing orders, process optimization is required. Reducing employees is not profitable, so it will be necessary to pay them benefits, and in general, after some time, the situation may change. The most optimal, but illegal exit is administrative leave. And in order to protect themselves, the employer, as a rule, asks workers to write vacation applications without saving wages voluntarily. Sometimes it suits both parties, and in this case everything is completely legal. If the employee does not agree, it is impossible to arrange a vacation without maintenance.
