Every working person from time to time is faced with a situation where he needs to miss several working days, which do not fall on paid leave. In everyday life, such a phenomenon is called time off, but in the Labor Code and other administrative documents such a concept is not considered.
Whatever it's called, furlough is unscheduled leave, usually without pay. The opportunity to receive such a day off appears if there is an objective reason, which will have to be justified in a statement drawn up in the name of the director of the enterprise and approved by the immediate supervisor. It goes without saying that there are often reasons when it is not possible to know in advance when this time off will be needed.
For example, in the event of the death of a close relative, there is a real basis for receiving such leave, but there is no way to warn the employer about the absence from work. In this case, the application can be written later.
To get an unscheduled day off, the application can be written either by hand or typed on a computer and then printed. If the company has its own forms compiled specifically for this purpose, then the application must be written on them.
The rules for drawing up such a statement are quite simple:
- At the top right they write the header of the application. The name of the head of the enterprise, his position, as well as the name of the person making the request are indicated here.
- Write the word “application” strictly in the center of the sheet, and under it on the red line there should be the text of the application for an extraordinary day off. It is necessary to indicate in detail the objective reasons, as well as specific dates of leave.
- At the very bottom of the application they put the date and signature of the applicant.
Request for time off
Even if the manager is fine with employees taking regular time off, it is better not to abuse his trust. The most difficult topics for a boss are lateness and vacations of employees, so frequent absences will eventually begin to irritate the boss, and problems will no longer evoke sympathy. This is a psychological trait of many employers - after all, even if an employee is on social networks, he is at work, and the boss is happy with this. And a completely different matter is an empty workplace and constant excuses and absences. It is considered normal to take time off no more than three times a month.
Conversation with the boss
It is considered rude to ask for a day off over the phone, as well as to ask for time off on the day of the day off. It would be best to approach your manager at the beginning of the work week or in advance, in the evening. You need to ask for time off a few days in advance so that your boss can delegate urgent matters to other employees. It is necessary to inform about your plans in person, since asking to leave work for 1 day by phone is considered acceptable only in case of serious illness, when you should not appear in the office due to the risk of infecting colleagues, or in any emergency situations.
When talking to your boss, you need to explain the reason for taking time off clearly and confidently, but not go into unnecessary detail. You can also explain that part of tomorrow’s work has already been done, and everything else will be ready on time and without comments. You need to leave your phone number and email for communication, so that if incomprehensible situations arise, employees or the manager himself can get a solution to the problem.
Legal basis
The current legislation does not directly stipulate the possibility of providing employees with time off. Instead, some standards directly mention the procedure for compensating excessive workdays with additional hours of rest, which, in essence, is the same time off. There is also no direct prohibition on the possibility of using this type of incentive, therefore the basic documents when recording days of work and rest will be the local regulatory documents of the enterprise, as well as the employment contract.
According to the norms of current legislation, production administrations have the right to independently establish rules and requirements for the performance of work, methods of punishment and rewards, as well as payment for activities, but exclusively within the framework of labor legislation. The only restriction is a ban on recording demands that violate workers' rights. And since time off for previously worked time, on the contrary, improves working conditions, it can be directly provided for in local regulations.
In addition, additional days off can be provided not only as compensation for exceeding the limit of working hours, but also as an incentive for particularly effective work results during the reporting period. Additionally, this type of incentive can be reflected in the employment contract concluded with the company’s team, which will become an additional incentive for efficient and coordinated work.
Medical grounds
- The need for medical assistance. If the employee (or his minor child) is not feeling well, the boss is obliged to send the employee to a medical facility. This could be toothache, fever, or passing necessary tests.
- Donation. Donating blood is a legal way to get two days off (the day you donate blood and the day after). According to the law, these days even have to be paid. In this case, you must provide a document confirming that blood was donated. Also, bosses do not always calmly release an employee to donate regularly, but only in cases where blood is needed by relatives and friends or if there is a rare blood type.
Rules of law
Labor relations on both sides are regulated by the Labor Code of the Russian Federation. It is on their basis that all work is built. Time off is also included in the legal framework.
Taking into account the law, each employee can take time off at his own expense according to the Labor Code:
- Art. 152 of the Labor Code of the Russian Federation establishes that rest must correspond to the period worked. If a person worked on weekends or overtime, then he is entitled to rest, which is equal to the time worked.
- If an employee donates blood, he is entitled to a day off to visit the hospital and the next day after that. He can use it at his own discretion or postpone it to another day.
- According to Art. 125, it is allowed to receive time off without pay at the expense of vacation. This period is paid and can be divided by law. After agreeing on all the details with the boss, the employee draws up an application and receives several days of vacation credit.
- An employee, with the consent of management, can take time off. It has its own nuances and specifics, regulated by law.
Regulatory acts help to strictly follow the laws and correctly register the employee’s time off. An employee has the right to several vacation options, which can be provided for one or more days.
Personal reasons
- Personal circumstances. Time off is provided to the employee in the event of the birth of a child, death of close relatives and registration of marriage.
- Summons to a court hearing. In cases where an employee is summoned to court as a jury or participates in investigative and judicial actions, the employer will not be able to prohibit the subordinate from leaving the workplace.
- The occurrence of emergency household problems. In unforeseen situations, when the lock on the front door breaks, an employee gets stuck in an elevator, or cannot go to work due to a water pipe break, the boss must give time off. However, in such situations, it is advisable to confirm the reason for your absence from work with a certificate from the management company or emergency service.
Grounds for time off according to the Labor Code of the Russian Federation
Time off (compensatory rest time) is usually an unscheduled day off provided to employees to account for the time spent on overtime work on weekdays, Sundays, holidays, or due to unforeseen family circumstances. These are: an accident involving a loved one, a wedding, the birth of a child, an unplanned operation of the employee himself, and others. There are paid days, but usually time off is taken to account for unused vacation (applications are written in free form or according to the sample proposed by the manager). How they differ and under what conditions are provided, read below.
Possible reasons for taking time off
- Visiting official bodies. Such organizations usually do not work on weekends, so you can only get into them during your working hours. You can spend a whole day waiting in line at the passport office, gas service or water utility, so it is better to warn your boss about possible temporary time off. Registration of real estate transactions also takes a lot of time due to the preparation of related documents.
- Problems with transport. Traffic jams, a minor accident or car breakdown can cause you to be late for work. But in a situation where a personal vehicle has been stolen, you should take a day off from your boss in order to clarify all the circumstances with the police.
- Family circumstances. Usually, bosses consider them quite compelling reasons for taking time off. This could be a relative's anniversary, a children's party, or a child's graduation. This also includes meeting relatives at the airport or train station.
- Exams passage. Time off is provided for exam days at a university, driving school, or to complete language courses.
Time off as additional rest time
What is time off and how to take it? Initially, it should be noted that there is simply no official concept of “time off”. At least, it has not been included in the Labor Code of the Russian Federation since 2002. However, there is an “Additional day of rest”, which every employee has the right to demand due to certain merits or under certain circumstances.
If you need to strengthen your right to grant time off through the Labor Code, then the following articles allow you to do this: 186, 153, 152, 128 of the Labor Code of the Russian Federation.
As can be noted, the law is on the side of the worker. But it may also turn out to be against it. It all depends on the reason for the time off, as well as how it was taken.
It should be noted that it can be of two types:
- With payment. In addition to additional time for rest, time off is paid.
- Without payment. Extra days off are provided, but are not paid.
The specific type of extra rest time depends solely on the reason for taking it.
Application for time off
How to take 1 day off from work? An application for time off must be written even if the boss does not insist. After all, later he may forget about the verbal agreement to release the subordinate from work, and this may be followed by a reprimand, fine or dismissal. There is no template for requesting time off, but there are a number of general rules adopted by most workplaces:
- The application must be drawn up in two copies - one of them, signed by the boss, must remain with the applicant.
- Before writing an appeal, you should clarify who it should be addressed to - the first manager or directly to the boss? The organization must have its own standards and concepts of subordination that must be met.
- If any documents or certificates are attached to the application for time off, then a link to them must be made in the text of the application. This applies to extracts from a hospital record or referrals for examination from a local doctor.
- It is necessary to indicate in the application the number and time of absence from work. It happens that you need to go away on business for a short time, and then it becomes unclear how to take time off from work for 1 hour? The application contains information about the time that the employee will be absent, and deductions from wages will only be strictly for the required period, without any misunderstandings.
The rest of the application is drawn up according to a standard form (to whom, from whom, reason for the request, date, signature), which can be clarified with the personnel officer.
Examples of vacations at your own expense
Here are some examples in which unpaid days off may be provided.
Family Leave Applications
Employees can take a day off at their own expense “for family reasons”, provided they have continuous work experience at one enterprise for more than 6 months. Employees who do not have such length of service cannot claim such a day off, with the exception of:
- Pregnant women
- Workers with children under 3 months
- Minors.
Some workers from the category included in the exception think that wages are accrued for these days. This is a misconception. However, the collective agreement may stipulate one-time charges or the provision of financial assistance.
Example of an application for unpaid family leave
Applications for leave for several hours
Sometimes they ask, is it possible to take an unpaid day off for several hours? Some lawyers believe that this is not prohibited by regulations.
However, other lawyers do not recommend giving employees time off at their own expense in hours.
- Firstly, for the Labor Code, the rule “everything that is not permitted is prohibited” is used.
- Secondly, in judicial practice there are cases when courts consider the provision of a day off in hours to be incorrect.
At the same time, the Labor Code of the Russian Federation does not stipulate the minimum level of the length of the weekend, therefore, with mutual agreement between the parties, a day off for several hours is still possible.
Application for leave due to a wedding
According to the Labor Code of the Russian Federation, a member of a team legally has the right to take a few days off for a wedding.
- In this situation, management should release him for no more than 5 calendar days.
- This type of day off is unpaid.
- An application for a day off can be submitted at any time – at least 2 weeks in advance, at least 1 day in advance.
- The manager does not have the right to refuse the groom a day off.
- Vacation is given to any employee, regardless of length of service in a given institution.
There is no doubt that a working person is entitled to leave for a wedding, but ideally, it is better to negotiate such a day off with management in advance. To maintain good relations with your superiors, it is not advisable to confront them with a fact. The procedure for registering a day off is the same as described in the section “Procedure for drawing up”
Sample application for marriage
Applications for parental leave
The birth of a child in a family is a significant event in the life of any working person. Article 128 of the Labor Code of the Russian Federation obliges the manager to provide the employee, upon the birth of a child, with a day off at his own expense for up to 5 calendar days.
Application for leave due to the birth of a child without pay
The employee is released on vacation based on his written request. A photocopy of the birth certificate of the child is attached to the application.
Example of an application for parental leave
A tragic event may happen to a relative in life and the employee has to take a few days off. Under these circumstances, he is granted such a right in Art. 128 of the Labor Code of the Russian Federation, thanks to which he is entitled to an unpaid day off.
It should be noted that the Labor Code of the Russian Federation does not provide an explanation of the term “close relatives” for registration of unpaid vacation. Therefore, in this case it is necessary to refer to Art. 14 of the Family Code.
Such relatives include:
- Husband or wife
- Parents (natural and adopted)
- Children (natural and adopted)
- Grandparents
- Grandchildren
- Siblings who have common parents
- Not full brothers and sisters with a common father or mother.
At the same time, the head of the institution can increase the given list, but reduce the list from Art. 14 of the RF IC – it is impossible.
It must be said that the duration of the weekend according to the Labor Code of the Russian Federation depends on the industry in which the employee works.
For example:
- The employee is allowed up to 5 calendar days for the funeral. In exceptional cases, he may claim two weeks at his own expense.
- A serviceman is entitled to up to 10 days, while the travel time is not provided for by law.
- The manager releases the financially responsible person to the funeral in exceptional cases. In this case, a commission is appointed for the transfer of material assets.
Example of an application for leave due to the death of a close relative
Colleagues
You should not tell other employees about the manager’s “indulgences,” as this can create dissatisfaction among them and cause a feeling of envy among those whom the boss did not let go from work for similar reasons. If you have to tell your colleagues about your time off, you shouldn’t give advice on how to talk to your boss. After all, if the manager hears some gossip, then next time he may no longer treat the employee’s problem with sympathy and will not let him go from work.
There is no need to be afraid to approach your boss with a request for time off, because unforeseen situations can happen to anyone. You just need to clearly explain the reason for your request, and also make sure that an unexpected day off does not affect the quality of the work performed.
Paid time off for working on weekends
Officially, the application should call it a day off. Based on the application, which is signed by the employer, personnel officers issue an order, according to which the employee is given rest during overtime. After registering the order, it is signed by the employer.
If an order was previously issued to perform work beyond the norm and it immediately indicated the form of future compensation as time off for a certain date, then there is no need to issue the order again. Then the HR department employee introduces the employee to the order that has been endorsed. The employee reads it, after which he puts the date of review along with his own signature. It should be borne in mind that if there is an accident, and the work time is not documented in the established form, then an employee of the enterprise may simply lose the payments and benefits that he is entitled to.
