Almost every employee has things to do, for which you need to leave the workplace. But the main rest is provided once a year. But for this there is an unpaid leave, which the employee has the right to take. It will be discussed in the article.
Legislative framework
Each employee is granted the right to work and rest according to the norms of the law. According to Art. 114 of the Labor Code of the Russian Federation during this time, the employee retains his position, earnings. Administrative leave is provided without payment, it is provided for solving personal problems. For example, with a relative's illness or the need for documentation. This period is provided after agreement with the management. They will not pay a salary for him.
According to Art. 128 of the Labor Code of the Russian Federation, an employee may apply for release from duties for consideration by management. The director must accept it and provide an answer based on production need and the reason for the release. Under federal law, exemption from work in the form of benefits is granted to some workers. This is established by Federal Law No. 79. At the same time, the maximum vacation period is valid at your own expense.
Terms and conditions
Unpaid leave is granted in coordination with the management, but some citizens who benefit from it are exempted from work automatically and at any time. According to Article 128 of the Labor Code of the Russian Federation, these benefits can be obtained:
- WWII veterans.
- Working retirees.
- Widows and parents of the dead military.
- Disabled people.
- Afghans.
- Heroes of social. labor.
- Teachers with experience of 10 years.
- State municipal employees.
- Liquidators of the Chernobyl consequences.
- Veterans of labor.
Employers must consider that there are the above categories of workers who are granted additional leave upon request.
Other cases
Exemption from work is provided for the untimely death of a relative, marriage or the birth of a child. Additional unpaid leave is available in the following cases:
- Admission to the university for exams, diploma defense (Articles 173-174 of the Labor Code of the Russian Federation).
- Covering the difference between annual leave from the main and additional work (Article 286 of the Labor Code of the Russian Federation).
- Joint rest with a spouse, who is considered military, if the planned rest is long (Article 11 of the Federal Law No. 76).
- Parents of a disabled child can also be exempted from work duties (Article 263 of the Labor Code of the Russian Federation).
Limitations
According to Art. 128 of the Labor Code of the Russian Federation, the vacation period at its own expense is established on the basis of agreements with the employer. It necessarily takes into account the production need. This means that there is no maximum vacation period at your own expense.
But in Art. 121 of the Labor Code of the Russian Federation, the time spent on administrative leave determines the duration of the annual period, for the calculation of which only a 14-day absence during the year is taken. It turns out that the maximum vacation period at one’s own expense can be six months, only the main vacation will last less minus 2.33 days for 30 days of absence.
And for beneficiaries, the law sets the duration of the admin holiday. It is taken into account that this exemption is issued for recreation, therefore the organization cannot reduce it even on the basis of production processes. The maximum vacation period at one’s expense is different for all categories of citizens:
- WWII veterans - up to 35 days (according to Federal Law No. 4301-1, Article 8).
- Working pensioners - up to 2 weeks (Article 128 of the Labor Code of the Russian Federation).
- Parents of military men and widows - up to 2 weeks.
- Disabled - up to 60 days.
- Afghans - up to 35 days.
- When a child appears or is married, up to 5 days.
Holidays at their own expense for people with disabilities and the other above categories of citizens are guaranteed by law, therefore the employer cannot refuse this. It is enough to issue it correctly. In other cases established by law, exemption from work is granted for the following time:
- Admission to the university is 15 days (Articles 173-174 of the Labor Code of the Russian Federation).
- The difference in the duration of annual holidays, which, according to Article 286 of the Labor Code of the Russian Federation, is provided to part-time workers at the same time.
- The difference in the length of leave of the military and their wives according to Art. 11 Federal Law No. 76.
- Teachers with an experience of 10 years receive the maximum leave at their own expense - 12 months.
- Civil servants have the right to a long release from work to engage in scientific activities (Article 46 of the Federal Law No. 79).
- Parents of children with disabilities can receive an additional 14 days.
Each category of citizens has its own vacation law at their own expense. Workers have the right to receive the stipulated period upon request. In this case, everything should be documented.
Disease
According to the norms of the law, each employee receives a full rest for 28 days or more, which applies to annual and additional holidays. If during the absence at work a person becomes ill, then under Art. 124 of the Labor Code of the Russian Federation, the period of rest is extended by the number of days of incapacity for work.
This norm is valid for the main rest time and does not apply to other situations, no matter what kind of release or category of person is. Therefore, if an employee falls ill on vacation without payment, then this period is not extended, because it is taken into account that he is provided to solve personal problems.
According to Art. 9 Federal Law No. 255, the length of stay on sick leave not only does not affect the duration of rest at their own expense, but is also not paid, which is why employees do not need to be relieved of their duties. If the sick-leave is at the end of the unpaid dismissal from work, the period of incapacity for work on working days is paid.
Decor
If you need to be absent from work for some time, then you need to correctly execute it. A statement should be written. If the management made a positive decision, then an internal order is drawn up for the enterprise or firm. The employee must be familiar with it.
The order indicates the period for which leave is granted. It should be indicated that the leave is drawn up without saving salary. Since orders of this kind are related to the personnel of the organization, information about the vacation should be recorded in the timesheet. An employee should go to work during the period indicated in the document. This vacation procedure applies to all equally.
Counting experience
The experience of employees is counted from the conclusion of the work contract until the termination of these legal relations. Moreover, this does not depend on the duration of annual and administrative holidays, as well as other cases of discharge from duties. But stay in the admin holiday is taken into account with the calculation of other periods, for example, annual rest and grace period.
According to Art. 121 of the Labor Code of the Russian Federation, when calculating the time of employment to calculate the number of days of annual leave, only 2 weeks are taken into account without payment per year. Other exemption days are excluded. With the calculation of preferential length of service, all periods of labor are determined during which the employee performed duties in harmful or special conditions, excluding other periods in which not only days of disability and annual rest were counted, but also administrative ones.
Total
It turns out that administrative leave will be in the general experience, no matter how long the agreed vacation is. But he is not counted as a preferential experience, because for this period you need the time when the employee was busy. The employer may provide some time for vacation leave, which is required to resolve personal issues. The terms of the additional period provided without payment are different for everyone, therefore the norms of the law should be taken into account.