According to the labor legislation of the Russian Federation, an employee has the right to leave for family reasons. The reasons for this holiday should be respectful. Ideally confirmed by relevant documents. Also, certain groups of citizens can count on vacation, regardless of the position of management.
Terms of Service
To begin with, it is worth noting that vacation for family reasons is the time to relieve an employee of his duties without paying him average income. In this case, the workplace is saved.
In most cases, this type of vacation is used when you need to solve personal issues, and the possibility of a paid vacation has already been used. In all cases, such an initiative should come only from the employee. Any coercion on the part of management to arrange such a holiday is illegal.
If you take into account the general rules, the employer may release the employee who has submitted an application with a request for leave for family reasons. But he is not obliged to do this. That is, employees will have to negotiate with superiors.
It is important to pay attention to the fact that such a vacation is not paid. This means that no deductions will be made to the pension fund during such a vacation. These days will not fall into the insurance record.
If, during unpaid leave, an employee becomes ill and draws up a temporary disability sheet, then such sick leave will not be paid.
Who is entitled to compulsory leave
An application for family leave does not guarantee approval. But there are certain categories of citizens to whom the authorities are obliged to provide days without payment.
These are the following employees:
- Workers who are close relatives of the deceased on duty. This category also includes citizens whose relatives died from illness and injuries resulting from a duty.
- Disabled staff.
- Workers who already have the required seniority.
- The participants of the war. Most citizens with this status are retired, but for those who continue to work, management is obliged to provide leave for family reasons.
There are situations in which ordinary employees can expect to receive days without payment. These are the following circumstances:
- marriage
- death of a loved one;
- birth of a child.
Inconsistent day off
If the reason for family leave is related to special situations or we are talking about employees with preferential status, then days without payment should be provided. Even if the employer does not want this.
But there are times when management is in no hurry to respect the rights of workers. To get a day off despite the unwillingness of the bosses, you need to contact the following structures:
- state labor inspectorate;
- court;
- trade union committee (if any);
- labor dispute committee of a specific organization (if any).
How long is the day off
Both the maximum length of the leave at your own expense for family reasons, and the minimum number of days without payment is determined by agreement between the employee and the employer.
At the same time, only 2 weeks of absenteeism per year without wages are taken into account.
To clarify the situation, it is worth considering in more detail this facet of labor relations. Suppose an employee got a job on March 16, 2016.In this case, he will be able to get his first paid vacation after March 15, 2017. This period can be defined as a working year.
If it happened that the employee took 23 days without payment, then this year 14 of them will be counted. The rest will be carried over to the next working year. That is, the beginning of the working period will shift by these 9 days. Accordingly, the employee will be able to receive the next vacation not from the 15th, but from the 24th.
If we talk about special groups of employees, then depending on their status, they may receive longer time off. We are talking about these categories of citizens:
- Retired people continuing to work. Their annual limit of days without payment is 14. The same figure is also true for employees whose relatives died as a result of fulfilling their duty.
- Disabled people. Their limit is increased to 60 days.
- Employees who took part in the Great Patriotic War. They are entitled to a maximum of 35 days off.
Ordinary employees under special circumstances (funeral, marriage, childbirth) are entitled to 5 days without pay deduction.
The figures indicated are the maximum specified by law. But the employee and the employer can agree on a longer term.
It is possible that time off may be required simultaneously for several good reasons. In this case, according to the law, for each situation the number of days is determined separately.
The duration of such leave can be regulated by collective agreement at a separate enterprise. This is a convenient way to regulate labor relations, allowing you to initially take into account the interests of both parties: the employer and employees.
Registration
First you need to discuss the issue of taking time off with your immediate superior and only then go to the personnel department.
The next thing to do is to write a vacation application for family reasons. The sample must be present in the personnel department.
The following information must be provided in this document:
- the period during which the employee will be absent;
- reason for time off.
In order for the application to produce the desired effect, it is recommended to attach documents to it confirming the fact of special circumstances. It is also important to carefully draw up the document, avoiding errors.
This will help the application for a vacation for family reasons. The following papers may serve as applications:
- copy of the application for marriage;
- a certificate from the clinic confirming the serious condition of a relative, etc.
The finished statement must first be signed by the head of the structural unit, and then by the authorities.
Further, the personnel department works with the document. First, an appropriate order is issued, after which a special mark is made in the employee’s card.
Family leave for academic leave
In addition to holidays and weekends, the university must be visited every day. But sometimes, in view of various circumstances, there is a need for exemption from classes.
The best option in this case would be academic leave. This is a temporary release of the student from the educational process, provided that there are good reasons.
You can issue it several times for the entire period of study. In most cases, academic leave is taken for a year. The maximum term is 2 years.
The decision on the registration of such leave is made by the head of the university within 10 days after the application is submitted.
Then an order is issued that contains information on the student’s exclusion from the faculty lists until the vacation ends.
Reasons for Vacation
It is wrong to think that such an opportunity is available to every student. Academic leave is granted only if there are good reasons. These include:
- pregnancy and childbirth;
- lack of funds to pay for tuition;
- relative's illness;
- receiving an invitation to participate in various events (music shows, etc.).
These reasons must be documented.
Vacation ends after the period specified in the papers has passed. If you wish, you can return to training earlier, for this you will need to write a statement.
Total
Both at work and in the process of studying at a university, it may be necessary to take leave in connection with family circumstances. In most cases, such issues are resolved by agreement. The chances of getting a vacation are significantly increased if the reasons stated in the application are documented.
