For family reasons: will “temporary remote work” be legalized?

Every citizen at least once in his life may encounter situations that happen to members of his family, in which his direct participation is necessary. Of course, to do this, you need to get time off from work, while justifying it on a completely legal basis - the right to take leave for family reasons if there are good reasons. In this article we will talk about how to properly arrange this vacation in conditions of urgent need to go on it.

Family leave

Family Leave: How to Leave

We would like to warn you right away that the law does not oblige management to give leave for family reasons to an employee in all situations. This is because this wording is very general, and it is what is used to write a vacation application in many situations that, from an official point of view, you should not describe.

Are there circumstances in the family that require your presence? It's time to apply for vacation!

Further in the table we will consider under what circumstances it is possible to provide the type of leave of interest to us.

Table 1. Features of obtaining leave for family reasons

In order to achieve what you want and solve the problems that have arisen in the family as soon as possible, you need to agree with the employer regarding this leave. There is only one way to do this: briefly or in detail, if desired, describe to the manager the reasons why you are asking for a break.

To achieve what you want and solve the problems that have arisen in the family as soon as possible, try to describe to your manager the reasons why you are asking for leave

Registration procedure

• The employee must make a statement stating the reasons in writing.
• The employer decides on the advisability of providing leave.
• In a personal conversation with the employee, the terms and conditions are discussed (in some cases, the average salary is retained during the vacation, if this is established in local regulations).
• The manager issues an order to the personnel department to create the appropriate order.
• The personnel department is preparing an order, after signing which the employee will have the right not to go to work for a specified period. The order can be issued in any form or in the T-6 form.

This is important to know: Are vacation pay included in the calculation of maternity pay?

Providing leave for family reasons: good and bad reasons

Of course, the reasons voiced to your superiors can only be valid, that is, when your presence is necessary to participate in circumstances that have arisen at home, and the management will understand that they are simply obliged to provide several days of official leave.

Unfortunately, the laws of our country do not define a list of causes that evoke special respect and understanding; however, the Labor Code explains that this list includes only those events that are closely related:

• with incidents that directly affected the company employee;
• situations in which close relatives of a citizen find themselves.

There is a list of valid reasons that may serve as a basis for taking leave for family reasons.

Please note: unfortunately, not all bosses share the family values ​​​​accepted in society, and therefore do not take into account the importance of the requests of their employees.

In some cases, such rejection will be hopeless, since it is almost impossible to prove the seriousness of your reasons, especially given the fact that your boss has no direct obligation to provide you with leave. However, some family circumstances are still protected by law.

Thus, the Labor Code contains a short list of reasons that are officially considered valid, the occurrence of which becomes an exhaustive circumstance for assigning leave to employees.

If such reasons arise, the employer:

• is obliged to allocate 5 days to the employee to establish peace in the family and resolve general issues;
• will not pay any maintenance, since the period is too short and the grounds are insignificant.

For many modern people, the opportunity to take such a vacation is the only chance to resolve all the problems that have arisen at home.

In the table below we will find out which reasons are valid for receiving a few days to resolve family issues.

Table 2. List of valid reasons for granting leave for family reasons

A number of reasons voiced by the employee can be a good enough reason to let him go on vacation for a few days.

Additional list of reasons for taking family leave

The laws of the Russian Federation do not prohibit the employer from independently making a decision regarding the definition in the regulatory acts of the organization of an additional list of grounds for granting several days of vacation.

For example, female employers often introduce the opportunity for mothers working at the organization to take one day of leave without pay on September 1, when their offspring goes to school for the first time.

In addition, employers quite often include in self-organized lists the following grounds:

• an illness affecting a close relative;
• divorce in court;
• a family member leaving for compulsory military service;
• natural disasters occurring in the region, or other emergency circumstances that in any way affected the employee’s family members;
• school holidays for an employee’s child;
• introduction of quarantine at a preschool educational institution or school;
• packing up the offspring for a further trip to a health camp;
• exams that a citizen takes as part of a session or defense of coursework and dissertations when receiving a second higher education.

There is an additional list of reasons that may serve as grounds for receiving time off.

How to remember

It’s easy to remember if you use associative and figurative memory or repeat it many times.

Associative method of memorization.

Come up with an association with the words “in connection” and “separately”.

For example, a connection is a chain, each link can break, separate links. “In connection” we write separately.

A figurative way of remembering.

Imagine this chain - what is it like? Iron, silver or gold. Imagine how easily it breaks off in your hands, you are trying to put the pieces together, but it doesn’t work, “in connection” everything is separate.

Vacation at any time: who can get it?

The law designates certain categories of workers who can demand leave without pay from their superiors at any time of the year, when it is convenient for them, and go on it. The period of time off provided in this case will range from 2 weeks to 2 months.

This list includes:

• participants of the Great Patriotic War;
• citizens who have reached retirement age and continue to work;
• persons with officially confirmed disabled status who have also not left work;
• husbands, wives and parents of representatives of such professions as the military, firefighter; employee of the prosecutor's office, member of the security forces, rescuer, etc., who died as a result of fulfilling their professional duty or due to an illness acquired in the process.

There are some categories of benefit employees who can receive this leave at any time

Documents to confirm reasons for leave

If you want to go on vacation for one of the reasons specified in the Labor Code of the Russian Federation, there is no official need to provide evidence confirming the occurrence of a particular circumstance.

It is enough just to draw up a statement of appropriate content addressed to the head of the organization, which indicates the following mandatory nuances:

• the reason for requesting leave;
• the period during which the employee wants to resolve issues that have arisen at home.

Let's give an example. The text of the application may sound something like this: “I ask you to grant me leave without pay from November 10, 2018 to November 14, 2018 for 4 calendar days for family reasons.”

There is also no requirement to attach documents confirming the presence of a valid reason to such an application due to the fact that:

• some family circumstances cannot be officially recorded;
• in other situations, even when possible, documents confirming the need for your presence are issued after the event you were supposed to attend has passed.

Sample application for family leave

So, for example, when a citizen gets married or has a child, he receives a certificate of marriage and the birth of an offspring only immediately after the event.

However, if for some reason the employer insists on the subsequent provision of documentation, then after the event you can bring the papers so that they can be filed with your personal file.

Do you know..

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Documents to confirm the valid nature of the leave

Supporting documents are papers provided to your superiors after the fact, when you have already gone on vacation and have undertaken to officially confirm the reason for going on vacation.

The employer may require the following supporting documentation.

Table 3. List of supporting documentation

Sample marriage certificate

Duration of family leave

The Labor Code of our country states that if an employee wants to use vacation to resolve family issues, then up to 5 days are allotted for this. During this period, you can act as you wish:

• take only one day;
• immediately use up all five days, etc.

However, if the employer deems it necessary, he may provide a longer period to settle the home situation. In any case, no matter what the parties to the agreement decide on, the period must be indicated in the application for vacation.

Special categories of employees included in preferential groups can count on significant periods of leave considered by us:

• working pensioners can rest another 14 days a year;
• family members of military officials who were injured during the performance of their professional duties or who died altogether can also count on two weeks of leave;
• persons with disabilities who continue to work can count on 60 additional days of rest;
• Parents of children under three years of age can take time off by agreeing on the duration with management.

Labor Code of the Russian Federation Article 128. Leave without pay

Can leave be denied?

As we have already said, granting leave for family reasons is the right of your superiors, not an obligation, so when you submit your application, you may receive something that you did not expect - a refusal.

It is possible in all situations when the reasons for which you are asking for time to rest are not included in the list of situations defined by the Labor Code of the Russian Federation when providing it is mandatory.

Sometimes your boss may deny you leave. In some cases it is legal, in others it is not. Everything is decided individually

If even in this case the leave is not approved, proceed as follows.

1. Submit your application for leave without pay in an official manner, that is, in the form of a registered incoming document. This is usually done, however, many employees take risks by refusing to register and carry out the procedure retroactively, which subsequently negatively affects its results.
2. When officially submitting an application, management will be forced to give a refusal in writing. Wait for this paper and start acting.
3. The third step consists, in fact, in the mentioned action, represented by writing a complaint to the inspectorate responsible for the protection of workers' rights. Attach a photocopy of:
   your application for leave;
4. written refusal from superiors.
5. Wait for the test result.

You can put the violating boss in his place by writing a statement to the labor inspectorate

Please note: the consequences of this complaint will be favorable for the employee in terms of the eventual receipt of leave, and at the same time unfavorable, since it will undermine good relations with management. Therefore, before writing such a complaint, contact management verbally, informing them that they are violating your rights in the field of labor law.

Together or separately?

The phrase “in connection” is always written separately – in connection .

Before answering the question of how to correctly spell the word “in connection” together or separately, you need to understand why it arises. This word may have difficulties with spelling for those who mistakenly attribute the word “in connection” to an adverb by analogy with lexical units: blindly, in addition, to the left, casually. Therefore, first of all, it is necessary to determine which part of speech the word “in connection” actually refers to.

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“In connection” can be a combination of the preposition “in” with the noun “connection” and a derived preposition.

But in any case, no matter what part of speech the phrase “in connection” is, it is always written separately.

Vacation pay rules

The Labor Code states that leave arising due to the circumstances we have identified is not subject to payment, and therefore on days of rest you will also not receive wages.

According to the law, vacations of this type are not paid, however, if desired, the boss can establish such a column of expenses from the organization’s budget

However, in exceptional cases, employers undertake to pay for your time off. If this opportunity is initially voiced by the regulations of the organization in which you work, you can count on the provision of material support.

In this case, monetary compensation will be calculated in the same way as the amount of maintenance for annual leave is determined. It is necessary to calculate the average earnings of a particular employee for one day, and multiply the discovered amount by the number of days of upcoming rest.

In addition, the head of the company can stipulate in the organization’s rules the possibility of providing employees with:

• gifts in cash or other equivalent for the birth of a child or wedding of an employee;
• financial support in connection with the untimely death of a loved one;
• partial compensation of expenses for medical services for a sick family member;
• cash gifts to mothers of first-graders to purchase school supplies;
• other types of financial assistance.

Family values ​​are protected by law, so you can get family leave