How to save a vacation that falls on non-working days

Main reasons

The Labor Code of the Russian Federation allows for the transfer of leave at the request of an employee for several reasons:

family circumstances;
extension of maternity leave;
need for child care (provided to the mother until the child reaches the age of 3 years).
annual paid leave was not paid to the employee on time;
the employee was notified of the vacation later than two weeks before it began.

In case of special circumstances related to caring for a child (for example, if he is very sick), by agreement with the management, it is possible to extend the leave for up to 4 or 4.5 years. But this is a separate topic, because... The legislation currently only considers a three-year period.

An example of an application for parental leave for a child up to 3 years old.

Read more about whether you need to write a sample application for transferring vacation to another period according to the schedule and for extension for child care, pregnancy and childbirth, and in connection with sick leave.

Postponing your vacation can be a kind of extension. This is possible if:

During the vacation, the employee performed government duties. For example, he was at military training, was a member of the election commission, was a juror at a court hearing, etc. for which a subpoena, summons and other relevant documents can serve as supporting documents;
The employee fell ill while on vacation. Having a sick leave certificate in hand, he has the right to turn the days of his illness into additional days of rest (read more about transferring vacation in connection with a sick leave certificate here).

You can either postpone them to a later time, or extend an already started vacation without going to work on the appointed day.

In the first case, you will need to write a corresponding statement, in the second it will not be needed - you will only need a sick leave.

Sample application for transfer of leave due to government duties.

Application for postponement of leave due to illness

The decision to extend leave immediately after illness should be notified before the first day of work. You don’t have to go to work on this day: it will be enough to call in advance and inform about your decision.

The period of temporary incapacity for work is paid in accordance with the generally established procedure.

In both cases, the working time sheet reflects the dates of temporary disability or time spent performing government duties, as well as vacation days.

However, it should be kept in mind that if sick leave is taken to care for a family member, the leave will not be extended.

Additional leave for work in hazardous conditions

The minimum duration of annual additional paid leave for hazardous working conditions is seven calendar days. The specific duration of leave is established by the employment contract with the employee on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of a special assessment of working conditions (SOUT).

It should be remembered that the provisions on the provision and duration of annual additional paid leave for a particular employee for harmful and (or) dangerous working conditions must be fixed in the employment contract (Article 57 of the Labor Code of the Russian Federation). In the absence of such information in the employment contract, the labor inspectorate has the right to hold the employer liable for violation of labor legislation. As an example

This is important to know: Leave due to temporary disability

Who is entitled to additional leave for harmful working conditions - duration, provision, calculation using an example

If in advance, then the additional one is calculated in proportion to the time that was actually worked in harmful conditions.

The total duration of vacation is the sum of the main and additional (). In hazardous working conditions, this is 28 days of basic rest from 7 for additional ones (but in accordance with the time worked and taking into account possible increases by other regulations). The list contains those professions that are entitled to additional rest for harmful working conditions.

The procedure for using this document is regulated (approved by Resolution of the USSR State Committee for Labor No. 273/P-20 of November 21, 1975). The List of professions for which additional paid rest is provided.

There are also professions that are entitled to additional leave on other grounds: Underground workers, miners, coal and shale workers;

But it is still necessary to issue an official order in case of an audit. Transferring regular annual leave is not possible if:

the employee belongs to one of the categories of employees who have the right to leave out of turn and can choose the start date: pregnant and lactating women, mothers raising children under 3 years of age, husbands whose wives are pregnant or on maternity leave, disabled people various degrees, veterans, etc.;
if work activity involves exposure to life-threatening and harmful conditions.
if the employee has not reached the age of majority, that is, 18 years old;

How to apply? Find out from our article. For what other reasons is it possible?

Read here. The order is drawn up so that appropriate changes are officially made. The order is written on behalf of the director.

If an employee with hazardous working conditions gets sick during vacation, is the employee obliged to extend it or can it be transferred to another one?

The legality of this position is confirmed by the courts. Cm. . Details in the materials of the Personnel System: Situation: How to arrange the transfer of an employee’s vacation The vacation date approved in advance in the schedule can be postponed by agreement between the employee and the employer. Moreover, the initiator of such a transfer can be either the employer or the employee.

In particular, an employee may request to postpone the vacation, and the employer will be obliged to fulfill such a requirement in cases where:  during the employee’s annual paid vacation, if by law he is released from work while performing these duties;  the employee or was warned about the vacation less than two weeks before it starts. In addition, transferring vacation to another time is allowed:  if during the employee’s annual paid vacation

On what grounds can a transfer be made under the Labor Code of the Russian Federation at the request of an employee?

The postponement of the vacation period is carried out for the following reasons:

Circumstances and factors beyond the employee’s control.
The desire of a subordinate or employer.

In the first case, we mean such circumstances as an employee going on sick leave. The requirement to perform certain duties of national significance.

If a threat to the well-being of a company or enterprise is noted, a change in the schedule may be initiated by a statement from the administration. In this case, the Labor Code of the Russian Federation allows you to postpone your vacation to the next year. It is important to meet two main conditions here:

Leave is granted no later than the next 12 months.
It is important to obtain the employee's written consent.

In regulating vacations, special attention is paid to the wishes of employees. There are two reasons available here - the unconditional one, indicated in Art. 124 TC, as well as subjective. If there are unconditional factors, the head of the enterprise by law does not have the right to refuse. Among the main reasons are:

Untimely notification of the employee that his vacation has begun. The employee is notified 14 days before the vacation. This is not an oral notification, but a documentary one against signature;
Transfer of vacation pay later than three days from the start of the vacation.

As for subjective reasons, here the employer can legally refuse the request to carry out the transfer. Among the reasons for changing the vacation schedule are:

Referral for recovery and treatment on a voucher basis.
Illness of a relative.
Other reasons specified in the company’s local documents.

You should know that the labor legislation of the Russian Federation does not prohibit an employee from postponing the date of vacation on his own initiative.

Causes

The main reasons for postponing vacation can be divided into two groups:

Objective reasons are those that arose in connection with specific circumstances or incidents in the life of an employee.
Personal reasons - also arise as a result of dictated circumstances, which do not adequately constitute an obstacle to the employee’s compliance with the regulations of the main vacation schedule.

Transferred if the employee wishes.
All main good reasons are stated in Article 124 of the Labor Code of the Russian Federation. There may also be individual reasons that are specified and taken into account in internal organizational rules by agreement of the parties. If one or another reason is not enshrined in the relevant document or legislation, the employer has the right to refuse the employee’s request to reschedule the vacation.

Thus, it can be argued that a positive response to an employee’s request to reschedule a vacation at his own request is influenced not only by the fact of the circumstances that have arisen and the desire of the employee himself, but also by his direct relationship with management and the specifics of production activities.

It is worth considering that postponing the vacation dates of one employee will affect the construction of the vacation schedule for other employees of the organization. Therefore, it is necessary to agree on deadlines in advance with all involved persons. The employer must comply with the rules for making adjustments to the schedule in accordance with the established standards of the resolution of the State Statistics Committee of the Russian Federation.

When setting dates and deadlines for vacation transfers, several main points should be highlighted:

Allowed number of transfers per year. The Labor Code of the Russian Federation does not limit the number of vacation transfers - the employee and the employer can exercise the right to postpone vacation several times a year.
Frequency of vacation. It is prohibited to transfer vacation to the next year. Vacation must be spent during the current year.

Time
Period. It is allowed to postpone vacation for an unspecified period. This period should not exceed a maximum period of 2 years. The employee is allowed to independently determine the time he wishes to use for vacation.

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The first two reasons are enshrined in Article 124 of the Labor Code of the Russian Federation. If an employee declares a desire to reschedule rest time due to incapacity for work or performance of government duties, then the employer cannot refuse.

The timing of the transfer is agreed upon bilaterally.

If the employer considers a transfer possible, the procedure will be carried out.

The reason called “family circumstances” is not enshrined in the Labor Code of the Russian Federation as a valid reason for postponing vacation.

The employee has the right to ask for a transfer, but the employer himself decides whether to grant the request or refuse.

The employee must express his desire to change vacation dates in writing using an application. The text should explain the reasons for the transfer. You need to try to ensure that the stated reasons are really important and respectful, this will increase the chances of the transfer being approved by the manager.

If agreed, the employer issues a transfer order.

The employer evaluates the validity of the reason. The application can include the general wording “family circumstances,” but this may not be enough to get management to agree. It is advisable to describe the reasons in more detail and, if possible, document them.

Typically, valid reasons include the following family circumstances:

undergoing treatment (confirmation may be a referral from a medical institution or a trip to a sanatorium or dispensary);
the need to care for a sick family member - parent, child, spouse (in this case, you can issue a sick leave);
preparing to enter an educational institution or passing exams in it, while the employee may request a study leave so that the educational leave does not coincide with the annual one, the employee may ask for a transfer;
the birth of a child in the family;
your own or a relative’s wedding;
death of a relative;
provision of leave at a second place of work (in this case, the part-time employer is obliged to provide annual leave at the same time as the main employer);
an important family celebration - for example, an anniversary of parents who live at a distance when the trip takes a long time;
the need to move to a new place of residence, this procedure may also require a long period of rest.

All of the above reasons are just examples of how you can explain the need to postpone your vacation. The employer decides for himself whether they are respectful or not. The right to refuse without breaking the law.

For example, 5 unpaid days of rest can be requested for the birth of a child, a personal wedding, or the death of a relative.

It is also recommended to look into the local acts of the organization and the collective agreement, which the employee must be familiar with when applying for a job. Perhaps they contain additional valid reasons that may serve as a basis for the mandatory transfer of vacation, in addition to those specified in Article 124 of the Labor Code of the Russian Federation.

The procedure for registering the transfer of regular annual leave at the request of the employee includes the following steps:

Stage 1. The employee writes a statement requesting a transfer and indicating the reason.
Stage 2. Submitting an application to the employer.
Stage 3. The manager makes a decision and puts a resolution on the application.
Stage 4. Drawing up a transfer order if the request is approved.
Stage 5. Making changes to the schedule based on the order.

An employee can be sure that his annual leave has been postponed only if an order has been drawn up to transfer and amend the schedule.

The employer is obliged to familiarize the employee with the changes against signature.

How to issue an order to transfer annual leave

Preparing documents for transfer includes the following steps:

Notification by the employer of the employee of the postponement of vacation is made after the justification of the reasons for changing the temporary terms of the vacation is completed. At the same time, stat. 124 of the Labor Code prohibits the failure to provide legal rest to personnel for two consecutive years for any reason.
Obtaining a specialist’s consent to the changes taking place requires a written document in any form; an oral response alone is not enough, as it is fraught with possible labor disputes.
Amendments to the vacation schedule are made in a way convenient for the employer to adjust the current priority of vacations for the company as a whole and individual employees in particular. For example, you can make adjustments to columns 8-9 of the approved schedule or publish additions to the main document.
Entering information into time sheets and personal cards.

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The HR document flow does not contain a standard sample for filling out an order to transfer annual leave. In general, the form, like the application, is formed in any form, with the obligatory indication of the following information - details of the enterprise and the employee himself, the reason for the transfer, the start/end dates of the change in deadlines, the approving visa of the manager and the personal signature of a specialist confirming the fact familiarization with the order.

Like the order to postpone leave for family reasons, the document form includes data such as:

Employer's name.
Heading - the name of the form.
Number and date of registration of the order - where to register an order to postpone vacation is not regulated by labor standards; you can draw up a special personnel journal.
A valid reason that is the basis for the transfer.
New vacation dates or a note that the dates will be set later in accordance with the employee’s application.
Signatures of the manager and the employee himself - if there is no opportunity to convey the changes to the specialist at the time of drawing up the document, a special note is made.

Reasons for refusal

There are options for the development of a situation in which an employee may receive an unaffirmative answer to a leave application:

If an employee is entitled to leave according to the established schedule, but management considers that during this period the absence of this specialist may result in damage to production activities. An employee may be refused leave, but instead offered the option of transferring it to another period. To do this, the consent of the employee himself is required, after which the procedure for preparing the relevant documentation is launched - a personnel order to postpone the vacation, making adjustments to the vacation schedule. The employer does not have the right to make changes to the schedule without consent and notice if the employee has already gone on vacation. In this case, the only legal action will be the decision to recall the employee from vacation, having received his consent and following the entire procedure for registering this process. It should also be noted that the employee has the right to go on vacation, according to the work schedule, even without an affirmative response from management, and this will not be considered a violation. But in this case, the employee should be aware that he may have certain conflicts with the employer, as well as untimely payment of vacation pay, if a vacation application has not been drawn up.

Statement
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An employer may refuse an employee leave if the employee, based on his personal needs and considerations, decides to write an application to postpone the leave without good reason. In this situation, the employee is deprived of the right to arbitrarily assign himself a vacation period not established by the work schedule - his absence from the workplace will be perceived as a violation of the labor regulations and may lead to dismissal, which is quite legal. The employer has every reason to dismiss such an employee for absenteeism. However, if the employee is in the group of people who cannot be denied leave and can submit the relevant documents, he has every right to appeal the employer’s decision and be reinstated in his previous position in court. Moreover, the court will oblige the employer to pay monetary compensation for the forced absence of the employee in the amount of average earnings, as well as to pay compensation for moral damage established by the court.

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Usually the employer meets halfway and satisfies the employee’s request.

This is supported by law; in addition, an understanding and attentive attitude of a boss towards a subordinate will only strengthen favorable relationships in the team.

Although the reasons for postponing vacation at the initiative of the employee may be quite convincing, situations are also possible when rescheduling the vacation may be refused - and these reasons are quite official, although exceptional.

In particular, such a reason could be an emergency at work. In such a situation, a statement like “... I ask to reschedule leave due to family circumstances” may not work. After all, if an employee’s departure for vacation could have too adverse an impact on the overall progress of the company’s work, the boss has the right to refuse to reschedule the vacation.

There are cases when transferring vacation at the request of the employee is impossible. For example, an employer does not have the right to agree to change the vacation schedule for certain categories of employees. This:

employees working in harmful or dangerous working conditions;
employees under 18 years of age.

Even if employees of these categories write a request to reschedule their vacation, the manager does not have the right to consider such a possibility - for the safety of the employees themselves.

The opposite situations are also possible. There are categories of employees whom the manager has no right to refuse. These include:

employees planning to use annual leave before or after maternity leave, as well as at the end of maternity leave;
male employees who need to combine their vacation with their wives' maternity leave;
spouses of military personnel - they require leave at the same time as their spouse's leave;
employees who have adopted a child or children under 3 months;
part-time workers - they need leave simultaneous with leave from their main place of work.

All of the above categories of employees can take leave at any time. But in the vacation schedule, which is drawn up at the beginning of the year, it is still necessary to indicate at least the approximate dates of their vacation. Otherwise, empty dates or failure to include such employees in the schedule may be regarded by inspectors as a violation.

Under certain conditions, an employer can legally refuse an employee’s request to stagger a vacation. But there are special categories of workers who are strictly prohibited from refusing:

Pregnant women during their maternity leave;
Those who intend to take parental leave as required by law immediately after their vacation;
Those who have adopted children less than three months old;
Employees whose spouses are already caring for children;
Part-time workers whose vacation at the main workplace falls at a different time. These vacation periods must coincide;
Husbands and wives of military personnel;
Military veterans and those who have become disabled;
Those taking part in the liquidation of the Chernobyl disaster.

Vacation registration

Rest time rescheduled at the request of the worker is formalized as follows:

The transfer date must be discussed with the administration in advance. You cannot go on vacation without such approval. This will be regarded as absenteeism with possible subsequent dismissal.
The employee submits an application addressed to his superiors. The document is written in free form. It simply indicates a request to reschedule your rest time.
If management meets the employee halfway, an official order is drawn up.
In the process of issuing an order, holidays, time sheets and a special section in the employee’s personal card are taken into account.

After the approved transfer, there is no need to approve the vacation schedule a second time. The only thing you need to do is get the written consent of your colleagues. The transfer of rest time automatically affects the interests of some employees. It is from them that you need to obtain a receipt for familiarization with the changes.

The total number of transfers in one year is not established by the Labor Code and is not otherwise regulated. Transferring is allowed more than once. The main thing is not to resort to this for two years in a row.

First, the employee needs to write a statement in any form addressed to the head of the organization.

The main thing is to indicate the start date of the rest, even if the employee still doubts it. Also, if necessary, you will need to write the reason for choosing this particular date.

The application should be registered in the application register and signed by the head of the department and the head of the company.

The employer will issue and sign an order to postpone the vacation.

In accordance with Article 123 of the Labor Code of the Russian Federation, the employee must familiarize himself with it at least two weeks before the start of the vacation and sign it.

Read more about the order to extend or transfer leave to another period, for example in connection with sick leave, here.

Article 123. The order of granting annual paid leave The order of granting paid leave is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of this Code for adoption local regulations.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

Certain categories of employees, in cases provided for by this Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.

These documents must be recorded in the appropriate journals, and changes must be made to the vacation schedule.

All these formalities must be completed in case the company is audited: orders and a modified schedule will protect you from a fine.

To get everything done on time, the employee must hurry up and write the application as early as possible.

If an employee postpones his vacation to a later date, he must notify his superiors about this before the first day of his vacation specified in the schedule.

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This date cannot be ignored, otherwise it will also be considered a violation of the schedule and may result in a fine for the company.

You can transfer your vacation to an earlier or later time in the current year, or to the next year. The employee is not entitled to any special privileges in this regard: the very possibility of rest at the chosen time can be considered a kind of privilege.

The main thing is to think through everything in advance and announce your request to your superiors as early as possible. Then all the necessary documents will be prepared on time and there will be no problems with rescheduling your vacation.

How to transfer leave due to production needs?

In order for an employee’s vacation to be postponed to another period, or to be changed, or even to be withdrawn from the EOO, in addition to the desire and consent of the parties, the following formal actions must be completed.

Download a sample order to postpone vacation (25.5 KiB, 2,033 hits)

An order to postpone vacation due to production needs. Example (10.5 KiB, 2,774 hits)

Notifying the employee about the postponement of vacation. Blank (26.0 KiB, 2,110 hits)

Written consent of the employee to postpone the vacation. Writing sample (10.5 KiB, 2,026 hits)

How to register leave without pay

The company management or the human resources department prepares an order to change the vacation schedule, which is approved annually. This order is signed by the manager, entered into the appropriate register or book of orders, and brought to the attention of each employee personally against signature for familiarization.

Company order

If an employee is recalled from leave, he or she must be given formal notice in writing. Those. A simple phone call is not enough for this. A written notice must be prepared and given to the employee being recalled from the EOO.

Written Notice

If a production need arises, then an employee’s application to transfer his SOO is, as a rule, not required. Everything is decided by a unilateral order from the organization’s management and the employee’s consent is not necessary.

However, there are cases when an employee may ask to change the vacation period or add the unused part (calendar days) to another vacation period for the next year. The application is written to the director of the company or organization.

Download an example application for rescheduling a vacation (25.0 KiB, 902 hits)

The right to reschedule leave: what could be the reasons for rescheduling?

Legal awareness is key to respecting human rights in accordance with legal labor standards. It will also help the employer avoid unlawful accusations from control authorities and labor inspection.

According to Article 124 of the Labor Code of the Russian Federation, the main reasons why it is allowed to postpone vacation to the next year can be identified:

Fulfillment of orders of state importance on the days of the required vacation - participation in the election commission. The law allows for the transfer of unused vacation days.
Lack of timely payment of vacation pay. As well as late notification of the start of vacation - later than 15 days. The employee’s application serves as a reason for transfer to another term.
Physical illness – certified by a sick leave certificate from a medical institution.
If an employee is indispensable in the work process of the organization and his absence may negatively affect the overall system of well-organized functions of the enterprise. An employer should not regularly use such a reason as a deterrent. This option is used extremely rarely. The employee must give voluntary consent to postpone the vacation for these reasons. The right to rest must be used up within the next year, no later.

There can be many reasons for the transfer
Also, transfer of leave is permitted in a situation in which, instead of going on vacation, an employee performs work activities for another employee who is on early leave. Most often, this right is used by employees who have not reached the age of majority or persons who have become guardians, as well as women in the prenatal period.
If the employee was sent on a business trip. The employer may send the required specialist on a business trip before the end of his leave under appropriate circumstances. In this case, the employee has the right to partially or completely transfer the vacation to another period.

How to issue an order to transfer annual leave

Preparing documents for transfer includes the following steps:

Notification by the employer of the employee of the postponement of vacation is made after the justification of the reasons for changing the temporary terms of the vacation is completed. At the same time, stat. 124 of the Labor Code prohibits the failure to provide legal rest to personnel for two consecutive years for any reason.
Obtaining a specialist’s consent to the changes taking place requires a written document in any form; an oral response alone is not enough, as it is fraught with possible labor disputes.
Amendments to the vacation schedule are made in a way convenient for the employer to adjust the current priority of vacations for the company as a whole and individual employees in particular. For example, you can make adjustments to columns 8-9 of the approved schedule or publish additions to the main document.
Entering information into time sheets and personal cards.

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Like the order to postpone leave for family reasons, the document form includes data such as:

Employer's name.
Heading - the name of the form.
Number and date of registration of the order - where to register an order to postpone vacation is not regulated by labor standards; you can draw up a special personnel journal.
A valid reason that is the basis for the transfer.
New vacation dates or a note that the dates will be set later in accordance with the employee’s application.
Signatures of the manager and the employee himself - if there is no opportunity to convey the changes to the specialist at the time of drawing up the document, a special note is made.

Vacation pay calculation

The basis for determining the amount of vacation pay is the average salary received by the employee for the year. This is the period preceding the selected holiday. If there was no payment for a given period, the salary of the previous year will be taken as the basis. This state of affairs is relevant in a situation where the employee was on maternity leave.

Payment of the required vacation pay is made strictly three days before the start date of the vacation. If you had to make a transfer after transferring vacation pay, the money will be returned. This process is carried out using one of the following methods:

Voluntary return of funds to the enterprise’s cash desk;
Deduction from the next salary. But strictly on the basis of a written statement;
The amount can be applied to the advance of the next salary. This is available by agreement with management.

The selected return option must be specified in the official order of the manager.

Who is eligible for vacation transfer?

There are categories of citizens for whom, according to the law of the Labor Code of the Russian Federation, the transfer of vacation must be carried out in a fail-safe manner.

Such persons include:

Employees who combine several jobs - if the vacation of the main and secondary jobs will have the same dates.
Women going on maternity leave or childcare. And also men if their wives are on maternity leave.
Persons under the age of majority.
Parents who are guardians and caring for a child under 3 months of age.

Vacation is due
Preferential categories of the population: war veterans, Chernobyl victims, disabled people.
Husbands or wives of military personnel have the right to use and arrange their vacation schedule in such a way that the date of their vacation coincides with the vacation of their spouses.
Professionals whose work conditions involve increased risks or involve toxic materials.

Rights violation

If the employer refuses to reschedule vacation dates, the employee has the right to regard this as a violation of the law. In this case, you need to act according to the following scheme:

Conversation with management. This is necessary to identify controversial issues that interfere with the transfer.
If the manager refuses to meet halfway after negotiations, you need to get a refusal from him in writing.
You will need to contact the labor inspectorate with this document. In this case, you must provide a waiver. Attach it to your free-form complaint.
If such an appeal does not produce a positive result, you should contact the prosecutor’s office with a similar complaint. It is also important to provide a waiver here.