Sample application for vacation in 2021 - how to write correctly?

The Labor Code of the Russian Federation guarantees the employee the right to paid leave

All categories of workers who have entered into an employment contract with the employer, whether they are employees of an individual entrepreneur, state or municipal employees, have the right to annual paid leave. In some cases, an employee needs to write a leave application - a sample for 2021 can be found inside the article. The procedure for granting annual paid leave may have certain specifics, but there are also general rules governing the relationship between employer and employee.

Let us tell you in more detail what a vacation application is - this document has great legal and practical significance, as it expresses the employee’s intention. A sample application for leave in 2021 will be presented below for different cases: receiving study leave, preferential leave, at your own expense for 14 days, regular paid leave, etc. We will also tell you how to write an application, fill out a ready-made form (if the company has one), download the form, in what cases you need to write an application, etc.

What a vacation could be like

There are several types of vacation:

• another paid one. This is the main leave to which an employee who has worked in the organization for at least 6 months is entitled. In accordance with the Labor Code of the Russian Federation, this vacation is 28 calendar days;
• vacation at your own expense, that is, unpaid. The basis for this type of vacation may be personal reasons: marriage, death of a loved one, birth of a child, etc.;
• training. This leave is required by the employee if he is pursuing education. During such leave, the average salary can be maintained only if the university degree is the first. To confirm that there is a need for such leave, you need to bring a certificate of summons from the educational institution to the manager;
• maternity leave (for pregnancy and childbirth). Provided to a woman on the basis of a certificate of incapacity for work from a medical institution. The certificate of incapacity for work must be filled out correctly and contain the signature of the attending physician.

Duration

The duration of the main vacation is established by Article 46 of Law No. 79-FZ of July 27, 2004. In particular, part 3 of this article stipulates that civil servants are entitled to longer (30 days) annual leave than employees of commercial structures (the standard duration of their leave is 28 days).

In 2021, the imbalance in determining the duration of rest for high-ranking categories of civil servants and ordinary personnel has been eliminated. If previously management employees were guaranteed leave, the duration of which was 5 days longer than that of other specialists, now a single duration of basic leave has been determined for all groups of civil servants - 30 days.

Vacations for civil servants are provided in accordance with a pre-approved schedule (Article 123 of the Labor Code of the Russian Federation). Among the exceptions in this case are situations when a civil servant expresses a desire to use the next vacation while his wife is on maternity leave. In such circumstances, employers are required to take into account the wishes of employees and ensure that the organization's vacation schedule is adjusted accordingly.

A minimum number of days has been established - 28, which an employee must use in the current year (the remaining number of vacation days, at the request of the employee, can be replaced by financial compensation). At the same time, the law allows the vacation to be divided into parts, based on the fact that one of the parts cannot be less than 14 days.

When to write a leave application

An application for leave is required to be written in the following cases:

• this is the first vacation at a new job after the employee has worked for more than six months (accordingly, it may not have been included in the existing vacation schedule);
• extraordinary leave is requested (for example, for pregnancy or in connection with training).

We will tell you more about how to correctly write a vacation application for the 2021 sample later in the article. It is important to note that this document can be drawn up by hand or printed on a printer, but the applicant’s signature must be made in his own hand.

The order is in the schedule

This option is rarely used, since in most cases it is easier for an employee to agree on a day off with the employer in person. But this method is not entirely legal, so sometimes bosses require you to submit a request for one or more days off on vacation. In this case, a standard document form is drawn up.

In it, the employee must indicate:

• agreement to transfer days off from a future vacation;
• the reason for making this decision;
• number of days off required.

After this, the request is reviewed by the employer, signed and transferred as a copy to the accounting department, where payment for days off is issued on its basis. The management is reducing the duration of compulsory rest. The number of days is usually limited to three weekends. Sometimes this period increases depending on the situation.

To the head of LLC "Central"

Zakharchenko A. S.

from the seller

Maksimova A. Yu.

Statement

I request a three-day leave to resolve personal problems for the period from October 7 to October 10 _____.

Every year, vacation schedules are formed at each enterprise. Applying for permission to rest during a specific period is the basis of the schedule. This schedule has several goals. Firstly, the employees themselves know who will replace whom. Secondly, this allows you to avoid widespread vacationing in one period. Thirdly, the employer has the opportunity to plan a budget, because paying vacation pay requires reserving money.

Once the schedule is formed and approved, the work does not end. Each employee is notified of the upcoming vacation two weeks in advance. The employee does not need to do anything, so the question of how to write a vacation application does not arise. You just need to sign the order issued by the organization.

How many days in advance to apply for a job according to the Labor Code of the Russian Federation?

According to Art. 128 of the Labor Code of the Russian Federation, an employee may also express a desire to go on an extraordinary vacation due to family circumstances and other valid reasons (for example, to care for a sick relative). In this case, it is advisable to document this need.

There is a list of persons whom the employer does not have the right to refuse:

• for working old-age pensioners - up to 14 days a year;
• parents and spouses of deceased military personnel - up to 14 days a year;
• working disabled people - up to 60 days a year;
• employees in cases of wedding, birth of a child, death of close relatives - up to 5 days;
• in other cases specified in the Labor Code of the Russian Federation, federal laws or in the collective agreement.

What circumstances do you mean? For example:

• according to Art. 173 and 174, the employer is obliged to provide days without pay to the following employees: admitted to entrance examinations to higher and secondary educational institutions; students of preparatory departments; full-time students who combine work and study;
• Art. 286 of the Labor Code of the Russian Federation states that employees who are part-time workers are provided with mandatory days at their own expense only if the leave at the main place of work exceeds the part-time rest;
• Rest without pay is also provided to workers of the Far North for travel to and from their place of rest (Article 322 of the Labor Code of the Russian Federation).

Workers who do not fit the above categories may be denied days without pay. In case you were refused, but really need to go on vacation, we have prepared step-by-step instructions on how to properly complain to the State Tax Inspectorate - but this is the last argument.

Read more: How to file a complaint with the labor inspectorate. Step-by-step instruction

A sample application for leave at your own expense is similar to the one presented above. The difference is in indicating the reason and the words “at your own expense” after the word “vacation”.

Such a petition is submitted when an employee needs time to solve personal problems. The days provided are not subject to payment; the employee simply gets the opportunity not to work on the specified day.

IMPORTANT!

If the number of days taken by the employee at his own expense turns out to be more than 14 per year, then more than the specified number will not be counted towards the length of service.

It is necessary to write a petition for the upcoming vacation if there is no schedule. The Labor Code of the Russian Federation does not clearly stipulate how long it takes to write an application.

However, the date is clearly established no later than which vacation pay must be paid - 3 days before the start of the vacation period.

Theoretically, an application can be submitted on any day, but if an employee wants to be paid on time and vacation pay calculated, then a three-day period is established.

The application must be submitted 3 days before the first day of the long-awaited vacation.

You can write a day in advance, but in this case the employer will not be able to fulfill his obligations under the Labor Code of the Russian Federation - pay vacation pay on time.

In addition, the manager still needs to be warned in advance, since for this period the employee needs to find a replacement.

Therefore, the ideal period for which an employee writes an application is 3-5 days before the start of paid annual leave.

There is no standard template for a vacation document. But there are certain rules that must be followed when filling out.

Be sure to write in the upper right corner the name of the organization, the full name of the manager, as well as his position. This is the person in whose name the application is written.

The title of the document is written in the center, and the main part is the text at the bottom. In it, the employee indicates that he needs the annual leave required by law, its date, and the number of vacation days.

It is necessary to indicate the applicant’s information, in particular, the full name and position of the employee who is requesting a vacation.

The application date and signature must appear at the end of the document.

The application can be written by hand or typed on a computer. Preferably on a sheet of A4 format.

TC Article 128

Vacation without payment for the requested days, but with retention of place, is called administrative (official terminology) or at one’s own expense (everyday terminology). Individual citizens have the right to annual unpaid leave by law (Article 128), which can be divided into parts, but cannot be transferred to the next year.

Ordinary employees can count on 5 legal days in the following cases:

• marriages;
• birth of heir(s);
• death of a relative.

We invite you to familiarize yourself with: Income tax for mothers of many children.
Please provide me with (*) days without pay from * to * due to (*reason*). The corresponding certificate is attached.

The presence of a certificate confirming the validity of the event that required writing an application increases the chances of a positive decision by management to grant a short-term leave.

The reasons for requesting leave at your own expense (as well as its duration) can be very different - the main thing is that the boss recognizes them as valid.

For this reason, a preliminary conversation with the head of the enterprise/division outlining the reasons and a verbal agreement should precede the writing of the application.

The issuance of an internal order on this application will serve as a guarantee that time absent from the workplace will not be classified as absenteeism (with the ensuing consequences).

Zakharchenko A. S.

from the seller

Maksimova A. Yu.

Statement

In addition to paid leave, you can ask for leave at your own expense. In this case, an application for leave without pay is drawn up. Anyone has the right to take a break at their own expense. The duration is determined by the parties, but there are also restrictions on the number of days that can be rested without payment.

For example, pensioners can additionally rest once a year for 14 days, similarly - spouses and parents of deceased military personnel (Article 197 of the Labor Code of the Russian Federation dated December 30, 2001 (as amended on December 27, 2018)). Disabled persons can claim 60 additional days per year at their own expense. Who else can be provided with additional days without payment:

• WWII veterans, combatants and Afghans - 35 days a year;
• for passing entrance exams, sessions, diploma defense - 15 days;
• for teachers with more than 10 years of experience and civil servants for scientific activities - 12 months (Article 46 of Law No. 79-FZ).

In these cases, you must submit an application to your employer. Use one of our samples, such as a sample on how to write a 14 day leave application 2021.

There are also exceptional circumstances when the administration is obliged to release an employee without pay. For example, if a child is born, then you can walk for five days. Likewise in the case of a wedding or death of a close relative. You will have to contact your employer in writing. But the circumstances must be proven by attaching a certificate of birth or death, a certificate of marriage registration with a note on the appointed date.

In these cases, you must submit an application to your employer. Use one of our samples, such as a sample on how to write a 14 day leave application 2021.

Legislation on leave of state civil servants

As follows from the content of the changes made to the text of Federal Law No. 79-FZ of July 27, 2004, the provisions regulating the procedure for granting paid annual leave (main as well as additional) to civil servants have now been clarified. By virtue of clause 5 of Article 5 of Federal Law No. 25-FZ of 03/02/2007, the key conditions for remuneration for work and social guarantees for municipal and state employees are balanced.

This is important to know: How vacation pay is calculated and accrued after maternity leave

According to the introduced legislative norms, in 2021, civil servants, in addition to the main annual leave, are provided with additional leaves due to:

• length of service (clause 5 of Article 46 of Law No. 79-FZ of July 27, 2004);
• the presence of irregular working hours (part 4 of article 45 of Law No. 79-FZ of July 27, 2004);
• work in harmful and dangerous conditions (clause 7 of article 46 of Law No. 79-FZ of July 27, 2004);
• work in the Far North/equalized areas (clause 7, article 46 of Law No. 79-FZ of July 27, 2004).

The total duration of vacation for each employee should be recalculated annually, since the number of vacation days is subject to change (in particular, due to changes in the length of service in the civil service).

Features for new employees

The right to rest is enshrined in the Labor Code of the Russian Federation for everyone with whom an employment contract has been concluded. According to the law, it is enough to work for six months to go on vacation. If the schedule has already been approved, then the rest is provided out of sequence. To do this, you must submit a correctly drawn up vacation application addressed to the manager, which must be endorsed by him. If the administration has no objections, then it is transferred to the HR specialist to issue an order.

The law does not contain rules on how to correctly write a vacation application, so you can compose it in any form, making sure to indicate the desired dates. This does not mean that this particular period is agreed upon, but usually wishes are taken into account.

When to write

How to write a vacation application? Before drawing up an application for leave, you need to visually divide the sheet of paper on which it will be written (preferably in A4 size) into 4 parts:

1. In the upper corner on the right you should indicate the exact name of the position and full name of the head of the enterprise, and below provide your personal data and position (you should also indicate the structural unit if the employee does not work in the parent company).
2. In the center of the page you must write the name of the document.
3. After this, from a new paragraph you should reproduce your request, indicating the type of leave and its duration.
4. Under everything written above, you will need to put the date of the document and your own handwritten signature.

If you have difficulties with how to write a vacation application, you can ask your company for a sample vacation application form - as a rule, the employee responsible for personnel production (or an accountant) always has it on hand. You can also make a statement using our example (it is given below).

According to the norms of Russian legislation, a statement will have to be drawn up in cases where an authorized absence from work is planned. Therefore, every employee planning to go on annual, educational, maternity, unpaid or any other leave is required to submit a corresponding application to the manager.

The functional purpose of this document is to initiate the process of drawing up an appropriate order, which will legitimize the specialist’s absence from the workplace and serve as the basis for the payment of funds due to him. In some companies, there is a practice according to which an employee who goes on vacation as scheduled does not write a statement.

According to the norms of Art. 121 of the Labor Code of the Russian Federation, an employee is obliged to provide the employer with an application for annual basic paid leave no later than 2 weeks before the expected start date. You can write it in any of the following ways:

• typewritten;
• by hand - blue, purple or black ink;
• using copying equipment.

The only condition: the document must be certified by the employee’s handwritten signature.

Calculation and payment of vacation pay to civil servants

Calculation of vacation payments for civil servants is carried out on the basis of Decree of the Government of the Russian Federation No. 562 of September 6, 2007, as well as Article 50 of Law No. 79-FZ of July 27, 2004. For paid holidays, salary calculation is carried out taking into account:

• monthly salary calculated in accordance with the position being filled;
• salary established based on service class;
• additional payments.

In turn, the formation of additional payments is carried out taking into account the allowances that are due:

• for length of service;
• for special conditions in the workplace;
• for working with documentation that includes state secrets;
• as the previous month's bonus;
• as a bonus for completing difficult tasks this month;
• as financial assistance from the payroll;
• as a lump sum payment calculated for the annual vacation period.

According to Article 50 of Law No. 79-FZot of July 27, 2004, payment of all accrued funds is carried out in a single amount (monetary reward). By virtue of clause 10 of Article 46 of Law No. 79-FZ of July 27, 2004, payment of vacation pay due to civil servants is made no less than 10 days before the employee goes on vacation. If facts of violation of this requirement are revealed based on the results of an inspection by the labor inspectorate, the employing organization may be brought to administrative liability on the basis of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

At the same time, the terms of payment of vacation pay to employees who are sent on vacation urgently (outside the approved schedule) are not defined by law. To exclude a violation in this case, such a specialist is often offered to take leave without pay for a 10-day period, after which annual leave is issued in the general manner.

How to make an application

There is no legally approved vacation application template, but some wording or data is important. To avoid being rejected, use a sample on how to correctly write a vacation application in 2020.

The application is written on an A4 sheet by hand in blue, purple or black ink or printed using a computer. The leave application must have the following structure:

1. A cap. In the upper right corner we indicate the full name. and the position of manager. Usually this is the general director (for example, the general director of Romashka LLC, D.M. Vasilkov). We also indicate your full name. and the position of the compiler.
2. In the middle of the page we write “Statement”.
3. Next comes the main text requesting leave. Indicate the type of leave, the start date of the leave and the number of days. If the leave is unplanned, the reason for it is indicated.
4. At the end there is the date of writing the application and the signature of the originator with a transcript.

The vacation application is submitted to the manager, who must endorse it. If you go on vacation without approval, it will be considered absenteeism.

Filling out an application for child care aged 1.5 to 3 years

You can declare your intention to stay at home and take care of the baby until he reaches his third birthday only once: from the moment the postpartum sick leave is closed until the time the child turns three years old. At the same time, it can be interrupted when the son or daughter reaches the age of one and a half years, when the payment of the monthly allowance stops. The second option is to make the most of the vacation period before the baby’s third birthday.

An application for the maximum possible vacation period can be submitted not only by the mother, but also by the father, grandmother or other close relative. The document they submit must contain the following information:

• name of the addressee (employer, individual entrepreneur);
• applicant's name (full name, position held in the company);
• the name of the official paper is the word “statement”;
• expressing the essence of the request;
• other wishes;
• list of attached documentation.

The document ends with the date of preparation, the applicant’s details and his personal signature. The official documents listed in the application are attached to it. Among them:

• metric – certificate of birth of a child;
• a certificate from the father’s workplace indicating that he did not apply for maternity leave and benefits. In the case when, for example, a grandmother will stay with the baby, both the mother and father of the child will have to confirm the fact that they are not on maternity leave, having received such a certificate from their employers.

A similar procedure for applying for maternity leave is also valid for guardians with adopted children of infancy.

Download an application for parental leave for a child from 1.5 to 3 years (sample 2018)

Sample application for unpaid leave

The application for annual leave of the 2021 sample is no different in content and form from similar documents drawn up in previous years. Therefore, when drawing up an application for your next vacation, you can use the sample that you have already used in previous years.

Many companies have adopted the practice that such a document is not specifically drawn up and submitted if the employees were previously familiarized with the vacation schedule by signature. If the employee does not need to postpone his vacation for a certain period, then an application for annual paid leave is not required.

You will learn more about this vacation approval from our article “Vacation schedule - form and sample for filling out in 2019.”

The application for annual paid leave of the 2021 sample (if it is unscheduled) is slightly different from the form given above. So, if an employee plans to go on additional or unplanned leave (it can be paid or unpaid), then he must indicate the basis for its provision.

We suggest you read: Obtaining an Inn for a citizen with a temporary residence permit

An application for paid leave of the 2021 sample must also contain a description of the reason if the applicant does not intend to go on another vacation, but is going to study, for example.

Before going on leave due to pregnancy, you should also indicate the reason - reaching the 30-week period - and provide the corresponding document-basis issued by the medical institution.

How to write a vacation application correctly in the above cases? In these situations, another phrase is added to the sample annual leave application indicating the basis document (it should be attached to the submitted document).

Unpaid types of leave can also include parental leave - to find out how to apply for it, you should read our article “Application for parental leave - form and sample.”

According to Art. 127 of the Labor Code of the Russian Federation, an employee can go on vacation before dismissal or receive financial compensation. True, providing days before terminating an employment contract is a right, not an obligation of the employer.

Even if management is not against it, it is necessary to draw up a written appeal.

The request has the same structure as already discussed above:

• a cap;
• the word "Statement";
• text asking for days. It indicates the start date of the vacation, its duration, and the reason for dismissal. The last day of rest will be the date of dismissal of the employee.

The following must be remembered:

1. Part 1 art. 127 of the Labor Code of the Russian Federation states: if the employer refuses to provide a resigning employee with paid rest, he must pay compensation for unused days.
2. If the employer has agreed to provide the employee with rest before dismissal, it is necessary to issue an appropriate order. The form of the order for the provision of rest with subsequent termination of the contract can be developed by the enterprise’s personnel officer independently. The main thing is that it must contain all the necessary details specified in Part 2 of Art. 9 Federal Law No. 402 dated December 6, 2011. You can also issue two separate orders: for vacation - in form No. T-6 (T-6a) and for termination of the contract - in form No. T-8 (T-8a).

Materials on this topic are available in ConsultantPlus. Get access

“In accordance with the approved order No. _ dated _ vacation schedule, the next paid leave should be granted to me from January 28, 2021 for a period of 28 days.

According to Art. 124 of the Labor Code of the Russian Federation, I ask you to postpone the start date of vacation to June 18, 2021 for the same period.”

“Please provide me with a portion of the annual paid leave of 10 calendar days, starting from August 15, 2019.”

In organizations, annual paid leave is provided to employees in accordance with the approved leave schedule.

When an employee plans to go on vacation, he must also write an application for annual paid leave according to the above rules. The 2021 model is no different from those that were in effect previously.

In a number of organizations, there is a practice when an employee going on regular scheduled leave does not write a statement. This approach is associated with certain risks of possible claims from inspection organizations, as well as such unpleasant moments for the employee as incorrect calculation of the amount of vacation pay and their untimely payment.

In accordance with Art. 121 of the Labor Code of the Russian Federation, an employee is required to submit an application to the employer for annual basic paid leave no later than 2 weeks before the expected start date.

In life, there are often situations when the transfer of annual paid leave can be done both at the request of the employee and the employer, and in some cases the consent of the other party to the transfer will not be required.

If the transfer is initiated by an employee for reasons:

• employee illness occurring during vacation
• the employee performed government duties during vacation, if labor legislation provides for release from work
• the employee was not paid vacation pay on time (less than 3 days before it started)
• the employee was warned about the start time of his vacation less than 2 weeks in advance.

then in these cases, the employer’s consent to postpone the vacation period is not required, but the new period is determined by the employer, taking into account the wishes of the employee.

If an employee requests to reschedule leave for personal reasons, the employer's consent is required.

In cases where an employee’s absence from work may adversely affect the normal course of work of the organization, the employer has the right to postpone the employee’s vacation period only with his consent. Naturally, in this case, an application to postpone the holiday is not drawn up.

In other cases, the application form remains the same, but the text of the application must indicate:

• duration of vacation;
• new terms;
• the basis for changing the date of departure and (or) the duration of leave.

It is advisable to attach a document to the application justifying the need to change the date or duration of the vacation. Such a document may be a referral for hospitalization, a sick leave certificate, a certificate from a state organization if the employee performed government duties in cases where labor legislation provides for exemption from work at the place of main work, an order to go on annual paid leave at the main place of work ( for part-time workers), etc. This will increase the employee’s chances of having his request satisfied.

“Based on the provisions of Art. 124 of the Labor Code of the Russian Federation, I ask you to change the start date of my vacation to August 14, 2021. Leave the duration of vacation unchanged: 14 calendar days.”

“Please change the start date of my leave to September 4, 2020 and the duration of leave to 28 calendar days for family reasons.”

To the Director of the State Budget Educational Institution of Children's and Youth Sports School "Allur"

Ivanov I.I.

from the Deputy Director for Methodology

Akhmetova A.A.

Statement

on provision of annual paid leave

Please provide me with annual paid leave for 14 (fourteen) calendar days from July 1 to July 14, 2020.

Akhmetov A.A.

20.06.2019

Ivanov I.I.

Akhmetova A.A.

Statement

I ask you to grant me leave without pay for 3 (three) calendar days from July 3 to July 5, 2021 in connection with marriage.

Akhmetov A.A.

20.06.2019

Ivanov I.I.

Akhmetova A.A.

Statement

Please provide me with annual paid leave from July 1, 2020 for 14 (fourteen) calendar days, followed by dismissal at my own request.

Akhmetov A.A.

20.06.2019

Ivanov I.I.

from the secretary

Dmitrova S.I.

Statement

I ask you to grant me maternity leave for 140 days from July 1, 2021 and assign an appropriate benefit.

Appendix: Certificate of incapacity for work No. 72358504 dated June 19, 2020.

Dmitrova S.I.

20.06.2019

Ivanov I.I.

Akhmetova A.A.

Statement

I ask you to grant me leave from July 1, 2021 for 24 (twenty-four) calendar days with pay to take a session at St. Petersburg State University.

Appendix: reference call No. 520976 dated June 18, 2021.

Akhmetov A.A.

20.06.2019

Ivanov I.I.

Akhmetova A.A.

Statement

I ask you to postpone the start of my next paid leave from July 1, 2021 to August 12, 2021 for family reasons

Akhmetov A.A.

20.06.2019

If an employee has unused vacation days and plans to quit, he does not have to receive compensation and work two weeks. Instead, you can go on vacation and never return to work. If, of course, you have at least 14 vacation days left. If there are fewer of them, then you can try to negotiate and reduce the work for this period. But providing a vacation period followed by dismissal is the right, not the obligation of the employer.

If the organization agrees, you will also need to write an application for leave with subsequent dismissal. And in some cases, it depends on the rules that are established in the organization; they are asked to prepare even two separate appeals: one about granting rest, and the second about dismissal.

We suggest you read: Can an individual entrepreneur enter into a sublease agreement with an individual

I am a government employee and a combat veteran.

My question is what is the duration of my vacation and what document is it regulated by?

Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”

Article 5. Legislation of the Russian Federation on the state civil service of the Russian Federation

1. Regulation of relations related to the civil service is carried out:

1) the “Constitution” of the Russian Federation;

2) Federal “law” “On the public service system of the Russian Federation”;

3) this Federal Law;

4) other federal laws

, including federal laws regulating the specifics of civil service;

5) decrees of the President of the Russian Federation;

6) resolutions of the Government of the Russian Federation;

7) regulatory legal acts of federal executive authorities;

constitutions (charters), laws and other regulatory legal acts of the constituent entities of the Russian Federation;

9) regulatory legal acts of government bodies.

Article 14. Basic rights of a civil servant

1. A civil servant has the right to:

3) rest, ensured by establishing the normal length of service time, providing days off and non-working holidays, as well as annual paid basic and additional leaves;

Article 46. Leave in the civil service

2. The annual paid leave of a civil servant consists of basic paid leave and additional paid leave.

3. Civil servants holding senior and main positions in the civil service are granted an annual basic paid leave of 35 calendar days.

4. Civil servants filling positions in the civil service of other groups are granted annual basic paid leave of 30 calendar days.

5. The duration of annual additional paid leave for long service is calculated at the rate of one calendar day for each year of civil service.

6. When calculating the total duration of annual paid leave, the annual main paid leave is summed up with the annual additional paid leave for long service. The total duration of the annual basic paid leave and annual additional paid leave for long service for civil servants holding senior and main positions in the civil service cannot exceed 45 calendar days, for civil servants filling positions in the civil service of other groups - 40 calendar days.

Additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the annual paid leave provided for by this part.

7. A civil servant is granted annual additional paid leave in connection with difficult, harmful and (or) dangerous conditions of civil service, including in connection with service in areas with special climatic conditions, in accordance with the legislation of the Russian Federation.

8. At the request of a civil servant, annual paid leave may be provided in parts, and the duration of one part of the leave should not be less than 14 calendar days. By agreement with the employer's representative, a civil servant may be granted part of the vacation of a different duration.

9. Annual paid leave must be provided to a civil servant annually in accordance with the leave schedule approved by the employer’s representative.

15. For family reasons and other valid reasons, a civil servant, upon his written application, by decision of a representative of the employer, may be granted leave without pay for a period of no more than one year. A civil servant is also granted leave without pay in other cases provided for by federal laws.

.

Federal Law “On Veterans”

Article 16. Social support measures for combat veterans

11) use of annual leave at a time convenient for them and provision of leave without pay for a period of up to 35 calendar days per year;

Social support measures established for combat veterans do not contradict Law No. 79-FZ “On the State Civil Service of the Russian Federation” (Article 5)

Is there an approved leave application form?

The 2021 vacation application does not have a strictly approved format. At the same time, an application for the next vacation, as we have already found out, may not be submitted at all - the HR department in this case must only draw up and promptly transmit to the employee the appropriate notice of the date and duration of the planned vacation (clause 3 of Article 123 of the Labor Code of the Russian Federation) .

Therefore, based on the fact that the vacation application form has not been approved by anyone, you only need to follow the general rules adopted in office work.

Related documents

The following documents may additionally be attached to the application to the organization:

• If the application is submitted by a part-time worker, a certificate from the main organization confirming the right to the same period of rest as at the main place;
• A copy of a passport or birth certificate - for minors as confirmation of the length of leave with an extended period;
• Certificate of disability - to confirm the right to an extended period of leave;
• If the spouse is a military personnel - a certificate from his place of work confirming his status and the fact that the employee of the enterprise has been granted leave out of turn;
• Leave order in form T-6, which records the manager’s order, type, dates and duration of leave;
• Calculation note T-61, which determines the amount of vacation payments.

How to write when rescheduling a vacation

There are many situations when an employee needs to be absent from work outside of the schedule. The most common include illness, possible maternity leave, and other personal circumstances. In such cases, the leave application form does not change, but in the content of the document it is important to indicate:

• rest period according to the approved schedule;
• new dates of postponed vacation;
• the basis for changing the date of leave and/or duration of rest.

It is advisable to attach a document justifying the need to postpone the rest period to the completed application. This could be a referral for hospitalization, a certificate from the antenatal clinic, an order to take annual paid leave at the main place of work (for part-time workers), etc. This will increase the employee’s chances of having his request satisfied.

If the administration pays

Vacation periods are annual at the expense of the employer. The minimum duration of one part is two full calendar weeks. But besides them, employees often request leave without pay. There is no sample application for annual paid leave in the legislation, therefore, it is drawn up in any form. Like any other petition, it must contain the details of the applicant and addressee, the number of days of rest and its type.

But you don’t always want to go for a walk all the days at once. If the employee intends to break this period into parts, then one of them should not be less than 14 days. Therefore, you will have to take at least 14 days off once, and the remaining days can be divided into convenient periods.

When to write

The Labor Code of the Russian Federation and other acts of law do not determine the obligation for employees to draw up an application for leave. The legislation stipulates that annual paid leave must be allocated to a company employee in accordance with the vacation schedule adopted for the current year.

Its existence in the enterprise is mandatory, and it must be put into effect at least two weeks before the start of the calendar year.

This local regulation must be brought to the attention of every employee. At the same time, for the absence of a schedule, the employer may receive up to 50 thousand rubles, according to the Code of Administrative Offenses, Article 5.27.

Based on this, if vacation is granted according to a schedule, then each party to the labor relationship is aware of when it will start and how long it will last. Moreover, when the vacation schedule does not indicate the month of vacation, but its exact start and end dates. In this case, you do not need to submit an application.

These rules may not always work and an application for the next paid leave must be drawn up in the following cases:

• If the organization does not have a vacation schedule or it has not been drawn up.
• If an employee wishes to go on vacation not according to the approved schedule. Including if he decided to go on vacation with subsequent dismissal.
• If the employee was hired after the vacation schedule was drawn up and was not included in it. Although the schedule should be up to date.
• It is advisable to submit an application for leave when no dates are indicated in the leave plan.

Attention! Thus, applying for leave is not a mandatory step in obtaining it. But it is desirable that it exists. Moreover, if an employee goes on vacation unscheduled, they may be fired for absenteeism.

Vacation of civil servants in 2019-2020

There is no specific concept of public service in Russian legislation. In some works published by famous lawyers, public service means socially useful activities associated with professional implementation on the basis of government orders. Issues of public service are regulated by special regulations, as well as norms of constitutional, housing, labor, insurance, financial, pension and other branches of law. A large set of legal acts regulating certain aspects of this issue was introduced in 2021.

It is customary to classify civil servants as Russian citizens who hold positions in the civil service and, as a result, are endowed with a set of special rights and responsibilities. Civil servants perform the functions of various government bodies on a remunerated basis. According to the principle of separation of powers, civil servants are identified who hold positions in representative, executive, municipal, judicial, etc. bodies. authorities.

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

Legal innovations regarding vacations for this category of citizens came into force in 2021. Their key difference is the reduction in time allotted for rest.

The purpose of the reform was to ensure social equality between civil servants and other Russian citizens, as well as to unify procedures for granting leave and simplify the associated paperwork in government bodies.

Is it possible for an employee to reschedule or refuse leave?

Transfer of vacation

The current law allows for the transfer of upcoming vacations both within the current year and to the next period.

At the same time, the Labor Code specifies cases when the administration is obliged to postpone the rest period:

1. While on vacation, the employee fell ill and took sick leave. Then, during his illness, he can extend the current vacation or move these days to a time convenient for himself.
2. The employee performed civil duties while on leave;
3. Other reasons that are defined by law or local regulations;
4. The employee was not paid vacation pay within the prescribed period;
5. The employee was not given notice of vacation 2 weeks before it was scheduled to take place.

There are also some restrictions for transferring vacation:

• It is prohibited to carry out transfers for 2 consecutive years;
• Vacations for minors and those who work in places with harmful and dangerous factors are not postponed.

Refusal to rest

The vacation schedule is a document that must be observed not only by the company administration, but also by the employee. This means, among other things, that he must go on vacation at the time indicated in the schedule.

Additional guarantees for civil servants

Activities related to public service have certain costs that are subject to compensation. At the same time, costs mean a set of prohibitions and requirements that impose significant restrictions on the lives of civil servants. In Russia, this compensation is guaranteed at the state level: government employees are provided with special benefits and preferences.

Chapter II of Law No. 79-FZ of July 27, 2004 provides a list of compensations. The legislation considers them as state guarantees in order to ensure:

• increasing the service motivation of civil servants;
• social and legal protection of specialists;
• strengthening staffing;
• minimizing corruption.

It is customary to distinguish between a main and an additional group of state guarantees. The main group is intended for all categories of civil servants, the additional group is for specialists from individual regions or government bodies. Among the guarantees are:

• optimization of service procedures;
• establishing scientifically based labor standards;
• ensuring labor protection;
• optimization of work and rest schedules.

Optimization of rest and work schedules is achieved thanks to:

• establishing temporary boundaries of work activity (40-hour work week);
• allocation of holidays and non-working days;
• provision of annual leave, including additional ones.

What time to submit an application?

Vacation on the timesheet can be indicated both in letter and digital form. Management independently decides on the standard for maintaining timesheets. But both designations cannot be placed in one document. Each day category has its own code.

The rules for indicating Chernobyl leave on the worksheet are standard. Considering that payment is made not by the enterprise itself, but by social authorities, such a grace period can be designated in the document as “additional leave.” But the mark with or without saving payment must be placed depending on the category of benefit.

Designation in the report card

The person responsible for maintaining such reporting enters the corresponding code in the document:

• DB (code 18) unpaid;
• OD (code 10) paid.

Despite the fact that there are two approved forms of worksheet (F-12 and F-13), the organization has the right to use its own standard for recording and maintaining the document. Therefore, if the company does not use the approved form of the document, then the responsible person can designate the grace period for vacation in a different way.

When you apply for vacation, you need to understand how many days in advance to submit it. Any rules are specified only for those who have a scheduled vacation. In this case, the employer himself reminds you two weeks in advance that it is time to rest. And in this case you don’t even need to write anything.

But for those who want to rest without pay or outside the schedule, the law has not established a deadline for submitting a written application. Usually such an issue is resolved in agreement with management. In some cases, they may release you the next day (if you need a vacation at your own expense). But, as a rule, it takes time to issue an order and find a temporary replacement for the employee who will be absent. Therefore, it is customary to apply at least two weeks in advance.

How to apply for a director’s visa with a “I do not object” resolution?

To confirm familiarization with the document, the manager must attach his visa with a resolution to the submitted application.

The resolution should say “I don’t object” or, on the contrary, “I object” if the boss cannot satisfy the employee’s request.

In addition, the director’s visa must be preceded by the signature of the boss.

If the enterprise has an order that concerns this employee and his leave, then you can put a note with reference to the order.