If the vacation is postponed... The procedure for transferring vacation to another date and a sample application

Norms of the Labor Code of the Russian Federation

Annual leave under Article 114 of the Labor Code of the Russian Federation is mandatory for persons under 18 years of age and personnel working in harmful and dangerous work.
Postponement of the vacation date in accordance with Art. 124 is carried out for workers of the following categories:

• temporarily disabled for a period of rest;
• executing orders of national importance during vacation time;
• in other cases - late crediting of vacation pay, failure to submit an application 14 days before the vacation.

The new version of Article 126 of the Labor Code of the Russian Federation states that monetary compensation may be paid for part of the vacation period of more than 28 days. The employee has the right not to take rest for 730 days.

Planning the use of annual leave

The Labor Code of the Russian Federation (Article 123) requires the employer to plan vacations for its employees for each coming year, reflecting the time of their provision in the vacation schedule, approved no later than 2 weeks before the start of the next year. In accordance with this schedule, employees must go on vacation, and the employer must not only let them go there, but even before it starts no later than:

• give 2 weeks notice of your planned vacation against receipt;
• 3 calendar days to pay vacation pay (Article 136 of the Labor Code of the Russian Federation, information from the Ministry of Labor of Russia dated June 16, 2014).

Does this mean that no deviations from the vacation schedule are possible and that the transfer of annual leave at the initiative of the employee is unacceptable? No, it doesn't mean that. Despite the fact that the schedule is a binding document, deviations from it are not only possible, but in some cases they turn out to be necessary.

All reasons for postponing vacation can be divided into 3 groups:

• The employer is obliged to extend or postpone leave by agreeing on the specific type of action and timing with the employee.
• The employee makes a request for a transfer. The employer here may have both an obligation to agree with this and the right to give or not give his consent to the transfer of leave at the request of the employee.
• The initiative for the transfer comes from the employer, and in order for it to take place, the employee must give his consent.

The justification for the latter situation is production necessity. Moreover, it is even possible to postpone the time of the next vacation to the next year, if the employee is not one of those for whom failure to provide vacation annually is prohibited (Article 124 of the Labor Code of the Russian Federation). These are the faces:

• under the age of 18;
• working in harmful or dangerous conditions.

It should be borne in mind that additional vacations available to “harmful workers” and some other persons, in terms of transfer, will be subject to the same rules as regular vacations.

Due to sick leave

Part 1 art. 124 of the Labor Code of the Russian Federation obliges the employer to postpone or extend vacation if during this period the employee was temporarily disabled. The period reflected in the sick leave certificate is subject to transfer. At the same time, when issuing an appropriate order on vacation time, the enterprise administration must take into account the wishes of the employee. Payment for sick leave is made based on general rules.

If the sick leave was issued due to the child’s illness and the need to care for him, the leave period is not extended.

Reasons for postponing vacation

To postpone a vacation, certain reasons are required. In Article 124 of the Labor Code of the Russian Federation they are indicated:

• An employee fell ill before going on vacation.
• During rest, the worker will carry out assignments of national importance.
• Other reasons.

A worker can request a postponement of vacation if there are certain family circumstances. For example, this could be the following circumstances:

• Close relatives need care due to illness or injury.
• Need for care for a child under 3 years of age.
• The date of leave coincides with the date of leaving maternity leave.
• Wedding.
• Death of close relatives.
• Birth of a child.

Employees engaged in hazardous work, working irregular hours or in the Far North have the right to take leave for any period.

Articles 124-125 of the Labor Code of the Russian Federation provide these grounds for transfer:

• The employee is assigned important tasks that require release from his main job.
• The worker is sent on a business trip (if there is no one to replace him).
• There is a need for the employee to be required to be present at work (for example, an audit is being conducted).

In addition, these grounds are distinguished:

• The manager did not provide notice of the start of vacation 2 weeks in advance.
• The employee did not receive vacation pay 3 days before the vacation date.

The transfer is carried out on the basis of a specialist’s application, a manager’s resolution and an order.

For family reasons next year

Dates for going on annual leave are set in advance and written down in the schedule. If an employee’s circumstances change and for some reason he needs to rest at another time, then he has the right to contact the employer with a corresponding request.

If the reason is valid and the employer can release the employee at another time, then a transfer order is drawn up, based on which the schedule is adjusted.

By law, an employee must take an annual vacation, and the annual duration cannot be less than 28 days. If an employee has not used vacation in a year, it is not lost, but transferred to the next year.

The order reflects the following data:

• reason for transfer;
• foundation documents - employee statement;
• an order to postpone the vacation of a certain employee to another period or to the next year - the dates are indicated;
• order to make changes to schedule T-7;
• signatures.

It says that failure to provide annual leave to an employee for more than two years in a row is prohibited. If an employer violates this rule, he faces liability and fines. In this case, the employer does not bear any responsibility and does not lose vacation days.

That is, theoretically, an employee may not go on vacation for 3 years without losing vacation days, but the employer may be punished for this if this fact becomes known to the labor inspectorate.

According to production needs

In case of emergency situations at work, leave may be postponed indefinitely.

According to Art. Article 124-125 of the Labor Code of the Russian Federation, the grounds for changing the rest time are:

• performing important tasks during vacation that require official release from main activities;
• a business trip of a production nature, where only a specific specialist can go;
• mandatory presence of a person at the workplace - during an audit or activity under a strict deadline.

The formulation “production necessity” is not always used in favor of the employee.

Example:

Koshkina A., a health worker, according to the vacation schedule, purchased a voucher for a trip to the sanatorium. The management reports that they will postpone the rest period or will not sign the application due to production needs - the enterprise does not have an employee who can perform the duties of Koshkina A.

To resolve the situation, you need to request an extract from the civil defense in accordance with Article 62 of the Labor Code of the Russian Federation and submit a petition to the Labor Dispute Commission. If the health worker was forced to confront the fact, she can sign an order with the wording “I am familiar with it, but I do not agree, because according to Art. 124 of the Labor Code of the Russian Federation, the transfer of the vacation date to the current year is not valid.”

The maxim is used if the vacation date has been postponed this year - according to Koshkina’s schedule, A. was supposed to vacation in July, but by order of the management, the vacation was scheduled for October.

How to reschedule due to sick leave?

If during the period of the main vacation the employee fell ill and issued a sick leave certificate, then he has the right to count on the transfer of vacation days that coincided with incapacity for work to another, later date.

To complete the procedure, the employee writes an application and attaches a certificate of incapacity to work. These documents serve as the basis for drawing up an order.

An employee can not only postpone the rest period, but also extend it by the number of days of incapacity. In this case, it is not necessary to write a statement.

Based on the documents received, the employer draws up an order with the following content:

• basic details of the order - title, number, date, place of preparation;
• the reason for compilation is temporary incapacity for work;
• supporting documents - application and sick leave;
• an order to transfer vacation days to another period - the number of days and specific start and end dates are indicated;
• order to the personnel employee to make changes to the T-7 schedule;
• instructions to the accountant regarding the recalculation of vacation pay if necessary;
• manager's signature;
• introductory signatures of the accountant, HR specialist and the employee whose leave is being postponed.

You can place your order below.

At the request of the employee

Redistribution of vacation dates at the employee’s initiative is carried out when:

• the employer did not notify the start of vacation 14 days in advance;
• the employee was not paid vacation money 3 days before the vacation.

The grounds are a statement of the person, a resolution of the boss and an internal document - an order.

Unused vacation must be provided before the end of the calendar year.

For pregnancy

A pregnant woman can postpone her leave before or after her maternity leave based on her application. In this case, the total length of service and duration of work at the enterprise are not taken into account.

Other circumstances

For personnel included in a special category, the vacation period can be postponed at any time.

The following are entitled to independent extension:

• people working part-time – rest in the main and combined positions may coincide;
• wives of state security and military employees;
• men who went on vacation at the same time as their spouse’s maternity leave;
• persons who adopted children under 3 months of age.

The wishes of employees must be reflected in the vacation schedule. If this point is not specified, the employer pays a fine.

Employee statement

An employee who wishes to change their vacation time must draw up and submit an application for this. The administration can develop a sample on its own, enshrining it in the accounting policy, or allow employees to write freely. It is necessary to find out from the HR department whether the organization has a developed form of this document.

According to general requirements, the application must include:

• name of the employing company;
• position and personal data of the citizen (full name);
• information about the previously expected time of vacation and the desired transfer;
• reasons for such a request.

Remember! If circumstances so require, documents confirming a valid reason (for example, a certificate of adoption of a child) must be attached to the application.

The text may be written by hand or printed on a computer. Local organization standards may provide a special form for this. A mandatory requirement is the presence of the applicant’s handwritten signature and indication of the date of preparation. There should be enough space below or above the text for the boss's resolution.

The application is drawn up in two identical copies. One of them is transferred according to the rules for submitting internal documents; on the second, the secretary, office worker or personnel department employee puts a mark on receipt. This copy is kept by the employee and confirms the fact of contacting the employer.

An example of writing an application to postpone a vacation. The document is drawn up according to the general rules of business correspondence.

The addressee is indicated in one of the upper corners of the form:

• full name of the employing organization (in accordance with the charter);
• position and surname with the initials of the manager.

Next, enter the position and personal data of the employee. Below in the center of the sheet is written the heading “Statement”.

The presentation should begin with a request to postpone the vacation, and you must indicate:

• what the schedule called for;
• time that is convenient for the employee. Both periods are indicated in full with a start and end date.

The next phrase will be a statement of the reasons for this decision. Below is the calendar date for drawing up and submitting the application, as well as the citizen’s signature with a transcript.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Features of issuing an order

The procedure for transferring vacation is fixed in Article 124 of the Labor Code of the Russian Federation. When performing the procedure, you need to take these nuances into account:

• Vacation dates must be recorded in schedule T-7.
• An order needs to be drawn up.
• The manager must comply with Goskomstat standards for storing local documentation.

Changes to the schedule are made based on the order of the manager. On its basis, adjustments are made to the employee’s personal card and accounting documents.

The form of the order is not regulated by law. And from this we can conclude that the order can be drawn up in free form. Most organizations approve their own form of such an order. But even if this form is not available, you need to follow the document preparation rules adopted by the company. The order must indicate the reason for postponing the vacation. If there are several such reasons, you need to highlight the main one.

Periods for which it is issued

The timing of extension and transfer of time off is determined according to the production situation.

The legislation establishes the following standards:

• for pregnant women who have worked in a position for 6 months or more - 28 or 26 days are added to the time before childbirth or after the birth of the child;
• in case of illness - for a number of days equal to that indicated on the sick leave;
• if necessary for production - for a number of days equal to travel allowance or the time required to complete urgent tasks.

The rest date is not postponed if the specialist goes on vacation with subsequent dismissal. Transfer is not possible if issued on the first day of vacation.

Transferring vacation to next vacation

The law prohibits transferring vacation to the next vacation, if the next vacation is not part of the next paid vacation, divided into two parts.

In such circumstances, it is possible to postpone vacation, but only if both the employee and the employer agree to such changes, and this will not cause any difficulties or problems for the organization as a whole.

If circumstances arise that require a change in the start time of vacation, an increase in the duration of vacation is allowed if the employer and employee jointly determined such a decision as the most beneficial solution for both parties.

Also, vacation is transferred to another vacation or time if the employer has not fulfilled the conditions for sending employees on vacation, which include:

1. Notifying employees at least two weeks before the start date of the vacation.
2. Payment of vacation pay no later than three days before the start date of the vacation.

If any of the conditions are not met, the employee cannot be sent on vacation.

Transferring vacation to next year

Annual paid leave cannot be replaced either by a compensation payment, except in cases of dismissal of employees, or by transferring the rest period to the next year. However, like any rule, this norm has exceptions.

Vacation appointments are regulated in accordance with Art. 122 of the Labor Code of the Russian Federation, which establishes that an employee is entitled to 28 calendar days of vacation for each working year. An important provision indicates that it is not the calendar year that is taken into account, but the working year, which is calculated from the date the employee begins working. The working year is 12 calendar months from the date of registration of labor relations, after which the employee is entitled to annual paid leave. At the same time, it is clarified that leave can be granted at any time of the working year, regardless of the “convenience” or “wishes” of the employee of the enterprise.

If, due to some serious circumstances, the employee was unable to take advantage of the opportunity to rest for the past working year, due to his retraining or reorganization of the enterprise, etc., then the vacation can be postponed to any time over the next 12 months, as well as combined with the vacation of the next working year in full or in part.

It is impossible to replace non-time-off leave with compensation, so you can only take time off. It is allowed to go on vacation several times a year if the employee thus uses all rest days in full. Payment of compensation is allowed only for that part of the vacation that exceeds the 28 calendar days established by law.

Making an order to postpone vacation

An order to transfer leave is drawn up in a form developed by the employer himself for general organizational and administrative documents. The data required to be indicated in such documents are:

• employer name;
• title of the document and its topic;
• number, date and place of compilation;
• reason for creation;
• decisions made, indicating the persons responsible for their execution;
• documents that became the basis for creation;
• signature of the employer's manager with a transcript;
• signatures of persons familiar with the decisions made.

Documents grounds for transfer

If the employer violates the deadline for notifying the employee about the start of vacation or if payment is untimely, the transfer is carried out if a corresponding application is received from the employee. The employee himself takes the initiative. Based on the employee’s application, an order is drawn up.

Important: The employer must notify you 2 weeks before the start of the vacation, and pay vacation pay 3 days before it starts.

If during the vacation period the employee fell ill (opened a sick leave) or was called upon to perform government duties (participation in court hearings, being sent to military training, being called to the prosecutor’s office for questioning), which exempt him from work under labor law, then in these cases the vacation is automatically extended. , and the employee goes to work later. It is possible not to extend the current vacation, but to transfer vacation days that coincide with sick leave or performance of duties to another later date. This requires an initiative from the employee as an application and the consent of the employer. The result is a completed transfer order.

To transfer vacation days in these cases, the supporting documents are a certificate of incapacity for work, certificates from government bodies confirming the employee’s compliance with the law on a certain day.

Application for transfer of vacation

An application from an employee to postpone vacation is drawn up in free form, but it must fully reflect the situations in which there is a need for “shifts” in the established rest schedule of the organization’s employees.

The application must:

• be drawn up in the name of the head of the organization;
• have personal information about the employee, as well as his position;
• contain a request to postpone vacation;
• establish a valid reason for rescheduling vacations, since the wording “for family reasons” is not valid;
• contain the date and signature of the applicant.

The application must be submitted to the employer or other authorized person under the appropriate signature. It is best to draw up the document in two copies, one of which the employee can keep for himself, with the signature of the manager confirming the acceptance of the document for consideration.

Where and how to register

Labor legislation does not regulate where to register an order to postpone vacation. Therefore, it is enough to follow the procedure established at the enterprise. In most cases, make an appropriate note in the log of orders and instructions on personnel matters.

How to compose correctly

The collection of personnel document forms does not contain a sample order to transfer leave. Therefore, usually organizations either have an independently developed template, or the document is compiled individually each time. What usually matters is the number of employees and the frequency of issuing such orders.

Generally accepted requirements include the following in the text:

• introductory part indicating the full name of the company, its location;
• title "order";
• the main part, where the surname, first name and patronymic of the employee, his position are given. It also says what part of the vacation we are talking about and how many days it is postponed. A reference to the basis for issuing the order is required - a statement from the citizen himself;
• the final part in the form of the date of registration and the signature of the head with the seal of the organization. It is also necessary to include the line “reading the order”.

Since we are talking about an internal document, one of the points may be an order to the relevant specialists in the field of personnel accounting to make changes to the vacation schedule.

The schedule is approved in advance. If an employee wishes to move his rest period, this can only be done with the consent of the employer.

Except for cases established by law, this is a right of the enterprise administration, and not an obligation. Therefore, in the absence of proper agreement on this issue, the employee goes on vacation as scheduled. Most of the reasons of a family nature also fit into this rule.

How to postpone vacation to next year at the employee’s initiative?

The employer is obliged to provide leave to staff at least once every 2 calendar years, otherwise they are subject to sanctions.

An employee has the right to apply to the director with a request to postpone previously agreed vacation dates to the next year. If the applicant’s petition does not indicate cases as reasons for changing the rest period (Article 124 of the Labor Code of the Russian Federation), the occurrence of which the employer cannot refuse, then when considering it, the director can make decisions at his own discretion.

Satisfactory resolution of the issue of postponing vacation dates to another period at the initiative of the employee due to family circumstances is accompanied by the issuance of an order and amendments to the vacation schedule. To increase the chances of obtaining consent from the manager, the reasons must be stated in more detail in the statement.

According to production needs

Sometimes emergency circumstances require that employees' planned vacations be extended or postponed indefinitely.

Articles 124-125 of the Labor Code of the Russian Federation are cited as such reasons:

• the production needs of the organization in the event that an employee going on vacation will have a bad impact on overall results;
• fulfillment by a citizen of duties of a state nature during vacation (for example, participation in a court hearing);
• the need to send an employee on a business trip.

Watch the video. Does unused vacation expire:

Grounds for refusal by employer and employee

The main reason for refusal to transfer vacation by the employer is production necessity.

The subordinate is allowed to use the wording “I am familiar with, but do not agree,” indicating the basis for the refusal.

Postponing the date of the vacation period is a normal occurrence at the enterprise. Its causes are unforeseen situations and the inability of other employees to solve production problems.

If conflict situations arise, the employee is advised to contact the trade union or the Commission for Resolving Labor Disputes.

How many days before the holiday do I need to place an order?

The document is issued no earlier than 2 weeks before the start of the vacation. However, the employer can postpone the vacation for 1 calendar year (730 days), for which an order is also issued.

Sections and their descriptions

The standard document is published on company letterhead indicating all mandatory details and contains the following sections:

1. Preamble - a brief description of the reasons for drawing up the document, for example, a link to a schedule, personal statement, article of the Labor Code.
2. Main (content) part. Filled in with specific data about the vacation: position, full name of the employee, dates, periods, reasons.
3. Applications. Usually - grounds confirming the right (certificates, certificates, etc.).
4. Signatures and necessary approvals (visas). Contains an indication of the positions of authorized persons, visas of approving persons, and a signature confirming the familiarization of the employee.

Results

No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.

The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision. The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement.