As a rule, each officially arranged person has the right to leave at least once a year. Its duration usually depends on the specialty and place of employment, but most often employees are entitled to 28 days of rest. At the same time, such leave must be paid by the employer. However, unforeseen events happen in the life of each person, because of which he will not be able to engage in labor activities for some time. In such cases, sometimes workers can take out social leave. What it is? What types of vacations are divided into? Are they paid? How to arrange it? And what if the employer refuses to take a vacation? We will answer these questions in this article.
What is a social vacation?
Let us consider in more detail the definition of this term. The labor legislation of the Russian Federation states that such leave can be granted to an employee regardless of his length of service, specialty, or position. Based on the name, we can conclude that they give it out to solve any domestic or social problems that people cannot postpone at the moment. For example, a person cannot work due to a relative's illness or his death. Or he needs to take care of a newborn baby or receive training. Thus, social leave refers to the time that the employer allocates to his employee for the decision of important household force majeure. It is impossible to get it without serious reason.
Do not confuse it because of similar names with the leave of a social worker. This is a completely different kind of rest, which is supposed to people of a certain specialty. Social leave can be obtained at any time, even without worked out experience. The Labor Code of the Russian Federation enshrines several of its types. Each of them has its own nuances, as well as a different order of design.
Varieties
The duration of social leave and its payment depends entirely on its reasons why a person was forced to issue it. First of all, do not confuse it with the usual vacation, which is granted to employees six months after employment and is fully paid. Social variation, on the contrary, can be formalized without length of service and length of service, however, a person can not always get money. It depends on the type of vacation. Moreover, they are not regulated by law and are divided very conditionally. Therefore, the features of their design, as a rule, are indicated directly in the employment contract or negotiated by other provisions of the enterprise or organization.
It is conventionally decided to single out the following types of social vacations:
- maternity;
- for caring for a child under three years old;
- for additional education;
- to solve the suddenly emerging social problems.
As a rule, the last paragraph includes completely different reasons, for example, a wedding, a funeral, an illness of a loved one, and others. The fact is that each person has different family circumstances, because of which they are temporarily unable to work. To get such leave, the employee only needs to convince his boss of their importance.
Let's talk about some types of social vacations and their features below.
Maternity leave
A decree is generally considered the most common form of such leave. Any pregnant woman can get it. At the same time, the enterprise where she works is not only obliged to provide her with rest, but also to pay for it. A woman can go on maternity leave if her pregnancy is at least 30 weeks old. To formalize it, she must provide her superiors with relevant documents confirming that she is currently awaiting the birth of a child. As a rule, these include sick leave issued by a medical institution, and the statement of the employee. The duration of the decree is established by labor law and is 140 days. However, if the pregnancy proceeds with some complications, then it can be increased. For example, with multiple pregnancy. Then a woman can be on maternity leave for up to 194 days.
The decree applies to paid social leave, that is, the employer is obligated to pay the woman a certain amount, which will depend on the current salary of the future mother and seniority. In this case, the boss will not be able to dismiss or reduce her during the holidays. And after the birth of a child, he is obliged to provide a woman with a job with a salary that will be no less than the previous one.
Childcare Holidays
After the birth of a child, a woman also has the right to take leave to take care of a newborn. Conventionally, it is divided into two periods:
- before the baby is 1.5 years old;
- until his three years of age.
The difference between them is that the first type of social leave for childcare is paid, and the second is not. A woman is entitled to a monthly allowance, the amount of which will also depend on her length of service and salary. If necessary, a man can arrange such a vacation if his wife, for example, earns significantly more. Newly-born parents are also entitled to monthly allowances from the state. The maximum duration of such leave is 3 years, however, if you wish, you can go to work much earlier.
In addition, parents and their relatives can take leave at birth. It is usually provided to father or grandparents. Duration - 3 or 5 days. Such leave is usually not paid.
Targeted Holidays
But not only social vacations for children are paid by the employer. An employee can expect to be paid if he plans to combine work with training. However, it is important to consider all the nuances. To take such a vacation can people who receive both first or second higher education, and secondary special. Their duration can vary from 10 days to several months. As a rule, it is drawn up during sessions. Moreover, such social leave will not be paid if the student is studying in full-time. To receive it, the employee must provide his superiors with documents from the educational institution confirming the fact of his training and the date of the upcoming session.
In addition, employees can arrange a vacation for writing a dissertation. Its maximum duration is 6 months.
Additional views
Extra social leave, as a rule, is not paid. It is provided for solving suddenly arising social and domestic problems, which the employee cannot postpone at the moment. Such reasons may include the death or serious illness of a loved one, an urgent trip to another city or country, registration of marriage. There is no strict list of valid reasons for vacation in the labor legislation, therefore, the decision to provide it is made solely by the authorities. Below we consider some options for additional social holidays.
Vacation due to the death of a close relative
The death of a loved one is always a heavy and sudden loss, which can for a long time unsettle a person. In addition, he most likely will have to organize the funeral, and combining this with work is quite difficult. Therefore, in practice, it is customary to arrange social leave. Its duration can be up to 5 calendar days. However, only a close relative can do this. These usually include:
- husband or wife of the deceased;
- mother or father;
- son or daughter, including adopted;
- brothers or sisters;
- Grandmothers and grandfathers;
- grandchildren.
To take this leave, the employee must write a written application. Sometimes the employer may also require him to have a death certificate or an act from the hospital confirming his death. As a rule, vacation is not paid. However, often enterprises themselves take the initiative and pay the employee a certain amount.
Can I take a vacation to celebrate the wedding?
Preparation for the wedding also takes a lot of time for future spouses. As a rule, they are entitled to a vacation of 3 to 5 calendar days. Moreover, in some cases, by decision of the management of the enterprise, it can be increased up to 10 days. Sometimes it can be issued already after the registration of marriage.
To receive social leave, the employee must draw up a statement for the authorities in free form, as well as provide him with a certificate from the registry office confirming the date of the marriage. Management is not required to pay the weekend of its employee, so you should not count on payments.
Documents required to arrange such a vacation
Because of similar names, this type of vacation should not be confused with the release of a social teacher, which depends on the position and length of service. These employees can qualify for a 56-day vacation during the year, which is usually provided in the summer months. Social leave is issued at any time of the year, regardless of the length of service and position of the employee.
To receive it, it is necessary to provide the employer with certain documents confirming the existence of a serious reason. Their complete list will depend on her. For example, to take a vacation due to the death of a relative, you will need a death certificate, and for taking care of a child - a paper about his birth.
As a rule, an employee must submit a statement to his superiors in a mandatory manner. It is made out in free form. It is best to indicate a specific reason. Often, workers are asked to give them leave for family reasons and are refused because of a too vague wording.
Order of registration
The design procedure also differs from the leave of the social educator, although the names of the two species are quite similar. First, you need to provide management with a statement and a set of documents necessary to confirm the reason. Then the authorities make a decision. If it is positive, then an order is issued to arrange a vacation. It must indicate the full name the employee, his position, duration and reason for the vacation, the name of the company, as well as the date of issue of the document. The employee, having read it, must put his signature on paper. Then you should make changes to the time sheet.
It is worth remembering that social leave is not obligatory, therefore it is not postponed to the next year if it is not used.
When can I expect a cash payment?
You should be aware that far from always workers are entitled to the payment of social leave. Often the decision on this is made directly by the enterprise management. As a rule, a company must pay only the following types of vacations:
- decree;
- parental leave up to 1.5 years;
- study leave if the employee is studying in the correspondence or evening department.
Labor legislation indicates that employers are not required to pay for other types of social leave. However, no one forbids him to do this. Some enterprises on their own initiative can pay the entire amount or part of it to the employee if they consider it necessary.
What to do if an employer refuses to give leave to an employee?
The provision of social leave is a direct responsibility of the management, therefore, it cannot refuse to issue it. It is forbidden for him to exert pressure on the employee, trying to reduce its duration. In this case, the employee may file a complaint with the following authorities:
- the procurator;
- labor inspection;
- district court.
The application is in free form. These organizations may limit themselves to warning the offending company or impose a fine on it. You can file a complaint in person or send it in electronic form.