How many days in advance is an application for legal leave written?

Rules for notifying an employee

According to the Labor Code of the Russian Federation, all employees have the right to vacation for a period of 28 calendar days . People in certain professions with more difficult working conditions compared to other professions are entitled to additional leave.

According to the law, the enterprise draws up a plan for all vacations. It is established within the company according to the planned profit, established priority and other factors.

The deadline for drawing up the rest order for all employees must be no later than 2 weeks before the end of the calendar year. The employer is obliged to allow his employees to rest on time. Workers must follow the sequence specified in the schedule.

Rest days can be divided into parts by prior agreement between the employee and the employer.

Each employee must review the schedule and sign it. Based on such a plan, a vacation notice is drawn up and sent to the employee for signature no later than 2 weeks before the start of his vacation. In this case, the employee does not have to write a leave application. The basis for the order is the vacation schedule and notification.

There are certain groups of employees who can take unscheduled leave . For example, combat veterans. In this case, employees already write a leave application.

What are the types of holidays under the Labor Code?

The Labor Code defines 5 types of leave that people are entitled to receive if their working conditions comply with the provisions regulated by law:

• Annual paid rest guaranteed by the state to all workers (minimum period of 28 calendar days) - Article 114 of the Labor Code.
• Additional days if a person is employed in a job with dangerous and harmful conditions (Article 116 of the Labor Code), lasting at least 7 calendar days (Article 117 of the Labor Code).
• If there are special conditions (determined by the enterprise independently) - Article 116 of the Labor Code.
• For work in the Far North (Article 116 of the Labor Code).
• If an employee has an irregular working day (Article 119 of the Labor Code) - at least 3 working days, it is determined individually in the organization.

ATTENTION! For people employed in positions classified as civil service, the length of the vacation period increases depending on their length of service.

The right to rest arises after 6 months of a person’s work in an institution, and if he is fired before the expiration of this period, the company pays compensation for days earned.

Application deadlines

Any employee can reschedule his planned vacation dates by agreement with the employer. In this case, the basis for granting leave will be his personal statement. The procedure in this case is as follows:

1. the employee writes a statement,
2. a decree is issued on the employee's leave,
3. the manager sends an order to the accounting department to accrue vacation pay,
4. At least 3 days before the start of the vacation, the employee is credited with money.

In this case, the employer can establish internal rules of the enterprise, which stipulate the deadlines for submitting all documents from employees.

The law does not stipulate the exact time for filing an application.

When writing an application, the employee should take into account the fact that after familiarizing himself with his request, management must issue an order , and on the basis of the order, the accounting department must pay vacation pay. In this case, the deadline for accruing money must be no later than 3 days before the start of the employee’s vacation.

Outside the plan, employees may request time off while maintaining their job in the following cases:

• an employee may submit a request for several days of rest without pay with a good reason ,
• a number of persons (such as retired active workers, disabled people) can go on unpaid leave when it is convenient for them,
• women who are about to go on maternity leave in the near future, or who have just returned to work from maternity leave,
• persons under 18 years of age,
• if a person has just adopted a baby.

In all these cases, the employee’s rest is formalized by order based on his written application.

Vacation registration procedure

The rest period is formalized in accordance with the rules established by Chapter 19 of the Labor Code. After drawing up the schedule and receiving the notification, the citizen writes a statement in which he asks to be granted leave according to the plan approved at the beginning of the year.

Sample application for leave

Registration of leave begins with writing an application and submitting it to the manager for consideration 3 days before it starts. With this document, the employee expresses his desire to take time off in order to restore his physical and psychological state, and to remove himself from the performance of official duties.

Its contents include:

• Business name;
• surname, name, patronymic of the director;
• personal information about the applicant (last name, first name, patronymic, passport details, telephone number);
• statement of a request to go on vacation, indicating the period and payment of funds for the billing period;
• date and signature of the employee.

Sample application:

Once signed by the boss, it is handed over to the HR inspector, who prepares an order giving the person the right to be legally absent from the workplace for a specified period.

Sample order

The contents of the order for granting leave, according to the unified form, include:

• Personnel Number;
• last name, first name, patronymic of the employee;
• its structural unit or department;
• position or profession;
• period of rest;
• number of calendar days;
• availability of additional leave, which is paid in the organization;
• manager's signature;
• citizen's signature.

If necessary, the order may contain information about assigning the duties of the departed employee to another specialist.

An example can be downloaded here.

Vacation pay calculation

Payment of funds to the recipient is made 10 calendar days before the start of the vacation. The amount is calculated as follows:

• the number of days actually worked in the billing period is calculated;
• the earnings received during this time are summed up;
• based on the obtained values, the average income per day is calculated;
• the amount of vacation pay is established;
• Vacation pay is accrued with personal income tax withheld.

We recommend reading: How vacation pay is calculated

For example, the number of desired days of rest is 10 (from March 1 to March 18, 2018). The calculation period is taken from 03/01/2017 to 02/28/2018. The monthly salary of an employee is 20 thousand rubles.

To calculate the amount of earnings for a year, you should multiply 20 thousand rubles by 12 months, which will be 240 thousand rubles. This amount is divided by the number of days worked and multiplied by 10 days of rest. Thus, before going on vacation, the employee will receive 10,238 rubles 11 kopecks.

Submitting an application for leave followed by dismissal

If an employee resigns on his own initiative, he can write an application for leave, after which his dismissal will follow. It is worth noting that the employer has the right to both accommodate the employee and provide him with days of rest, and has the opportunity to accrue monetary compensation to him.

Upon dismissal for labor misconduct, vacation or compensation is not provided.

In case of registration of paid leave with subsequent dismissal of an employee, the procedure is as follows:

1. The employee submits a leave application to the HR department addressed to the director of the company. In this case, the schedule may no longer be observed .
2. Next, a letter of resignation is written.

If an employee has unpaid days of basic or additional vacation, they can be summed up.

The employer has the right to provide partial monetary compensation. The deadline for filing applications in this case is determined by the date of dismissal.

In the case when an employee resigns as a result of liquidation or bankruptcy of the company , the procedure changes slightly:

1. A notice is issued regarding the reduction of staff unit. This document must be issued at least 2 weeks before the date of dismissal ;
2. The employee reads the order and signs it;
3. Next, the employee writes a vacation application;
4. Based on the application, the HR department issues an order to provide the employee with annual paid leave;
5. The human resources department issues a second order to terminate the staff unit;
6. The employee signs both orders.

The time for filing an application is not specified in the legislation . However, this document must be drawn up during the period after receipt of notice of dismissal and before the date of the last working day. Otherwise, the employee will receive a financial payment.

A sample application for leave followed by dismissal can be downloaded here.

For interesting details about leave with dismissal, as well as what documents are needed for this, watch the video:

How to register correctly

There is no special form for writing. When drawing up the document, they proceed from the general rules for writing a leave application, other personnel documents and the internal procedure of the company.

It is recommended to contact the manager in writing, without using ready-made forms, in order to be able to confirm the authenticity of the written request in the future.

The “cap” is drawn up indicating information about the head of the enterprise and the employee. The text itself indicates dates, not the number of days. The employee indicates the start and end date of the period of absence. At the end of the paper write the date and put a signature.

In addition to indicating the date, they indicate the basis for which the need for rest arose, including the option of subsequent dismissal.

When is a request for vacation at your own expense made?

The employer is not obliged to provide employees with vacation at their expense. This may be a mutual agreement between the parties, subject to good cause . However, the legislation establishes certain categories of citizens who have the right to such rest.

In both cases, the employee must write a statement. There is no unified form for this document, so it can be written either by hand or on a form established by the company’s internal rules.

You can learn more about applying for leave at your own expense in this article.

The legislation does not stipulate the period within which it is necessary to write an application, because unforeseen circumstances can also serve as a reason. At the employer's request, the employee must provide any documents justifying valid reasons for going on vacation. Registration occurs traditionally:

1. The employee draws up a statement indicating the reasons for urgent leave,
2. The HR department issues an order under the personal signature of the employee.

Application for vacation at your own expense: .

Leave notice

In accordance with Art. 123 of the Labor Code of the Russian Federation, notification of an employee about his future vacation must occur 2 weeks before the scheduled vacation. This notification occurs in writing , signed by the employee as a sign of familiarization with the document.

Based on the notification and vacation schedule, a vacation order is drawn up.

The specific form of this document is not regulated. It is compiled arbitrarily , taking into account all the nuances. In addition, all employees must also be informed of the next year's vacation schedule by signature.

Deadlines for issuing an order with a vacation pay schedule

According to the Labor Code, annual paid leave is established according to the schedule at the end of each calendar year . In this case, the employee is notified by notice two weeks before the start of the vacation. If we are talking about extraordinary paid leave, the employee must agree on the date of the leave with the employer no earlier than 15 days before the start of the holiday.

An order for leave is made on the basis of an application. The legislation also does not stipulate the exact deadlines required for its release. The most important thing is that the date of the order must be earlier than the day when the employee goes on vacation.

The Labor Code of the Russian Federation does not stipulate whether it is possible to write an application earlier. The timing of the release of all documents may be stipulated by the company’s internal rules.

It is impossible to foresee everything in advance, just like the dates of your vacation. Knowing the rules for applying for vacations is important for both the employer and the employee. This will avoid any disagreements or litigation.

Reasons for granting leave in advance

Following the rules of the Labor Code, an employee can be granted annual paid leave after six months of continuous performance of his duties.

However, there are exceptions to this rule where leave can be granted before 6 months of service. Let's consider these situations.

First of all, these are pregnant women who are going on maternity leave. Before applying for it, they have the right to take annual paid leave (if available) or use it after leaving maternity leave.

Secondly, these are the employees who adopted the child. Provided that he is under 3 months . The adoptive parent can take standard leave, even if he has not worked for the company for six months.

other reasons for granting leave may be considered valid In all cases, the vacation of an employee who has not worked for six months is considered to be provided in advance.