We draw up an order for annual paid leave

Forms of order for provision of annual basic paid leave

According to the norms of Article 123 of the Labor Code of the Russian Federation, the basis for granting an employee days of rest is the vacation schedule (we have already described how to develop and approve it in another article), as well as the employee’s application (in case of unscheduled rest, for working on weekends, donation and etc.). Only if you have these documents can you begin to draw up the order itself. To do this, you can use either a unified form (there are two of them: for one employee and for several at once), or a independently developed template. This is due to the fact that Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1, which approved the unified forms, is not a mandatory legal act, but is only recommended for use. Therefore, if an employer wants to write a document in any order, no one will punish him for this. The main thing is that such a document contains all the required details. In addition, the developed form must be contained in the accounting policy of the organization, because it will serve as the basis for the payment of vacation pay.

So, there are two unified forms:

• No. T-6 - per employee;
• No. T-6a - for several workers.

The first of them is used by personnel officers more often, because even if several people go on vacation at once, it can be convenient to draw up documents for each of them separately. There are many reasons for this, including the need to not discount the protection of personal data if we are talking, for example, about individuals who work in different departments of the organization. You can download the vacation order form for free at the end of the article.

Additional permits for military personnel

Military personnel are special employees whose work involves high risk. For this category of citizens, additional rest is provided, which is approved by the Order of the Ministry of Defense of the Russian Federation on additional leave for military personnel dated May 24, 2003 No. 178, regulated by Art. 11 Federal Law dated May 27, 1998 No. 76-FZ. Vacation can be:

• educational, creative, illness and personal circumstances;
• for combat veterans;
• for Chernobyl victims;
• after space flight.

In many cases, the duration is further extended by the time required to travel to and from the holiday destination.

The basis for such rest is considered to be an order from the commander of the military unit. Remember that the serviceman has the right to ask to replace such rest with monetary compensation.

What must be indicated in the order

Regardless of whether this local personnel act will be drawn up on a unified or independently developed form, it must have a serial number and date of preparation. In addition, the following mandatory details are provided:

• name of the employing organization;
• FULL NAME. a person who goes on vacation;
• type of leave (main annual, additional, etc.), there may be several of them;
• the period of work for which rest was granted;
• start and end dates of the vacation period and its duration;
• signature and details of the head of the organization.

If everything is more or less clear with most of the information required to be filled out, then the question arises of what is considered a period of work. This period is always the working year. For example:

Marat Sergeevich Koshkin got a job at VESNA LLC on 06/01/2018. He was granted annual leave according to the schedule in the summer: from July 20 to August 2, 2019, lasting 14 calendar days. However, the order should still indicate that rest is provided to the employee for the period of work from 06/01/2018 to 05/31/2019. But the next period for which the employee will be entitled to vacation days will begin on June 1, 2019.

The design of form No. T-6 will differ from form No. T-6a only in the number of vacationers. Mandatory details and filling requirements do not change.

Vacation on weekends and non-working holidays

In accordance with the current legislation of the Russian Federation, in 2021, the general procedure and order of use of annual vacations by employees in each organization is documented in a corresponding document - a vacation schedule. In particular, the requirements of Art. 123 of the Labor Code of the Russian Federation establishes that such a schedule must be developed and approved for the entire calendar year two weeks before its actual start. Consequently, at the stage of forming a vacation schedule, it becomes clear which employees’ vacations fall during public holidays.

In this case, to determine the duration of vacation, the norm of Art. 120 Labor Code of the Russian Federation. So, if a public holiday falls during a vacation, the duration of rest should be increased by a certain number of non-working holidays.

For example, according to the vacation schedule, the employee is granted the next paid vacation from April 26, 2021, lasting 28 days. During this period there are two official public holidays - May 1 (Spring and Labor Day) and May 9 (Victory Day). Consequently, in accordance with current legislation, vacation must be extended by two calendar days, and the date the employee returns to work from vacation will not be May 23, but May 25.

However, it should be remembered that vacation pay is calculated only for 28 calendar days of paid vacation per year. That is, with an increase in the rest period, the amount of accrued vacation pay will not change and does not depend on how many days his rest will actually be extended.

For example, an employee’s scheduled vacation falls on the period from April 26, 2021 to May 25, 2021. According to Art. 139 of the Labor Code of the Russian Federation, when calculating vacation pay, the average daily earnings and the amount of vacation pay for a 28-day rest period are taken into account.

For example, the average daily earnings is 2,000 rubles. The vacation period includes two non-working holidays: May 1 (Spring and Labor Day) and May 9 (Victory Day) and the actual duration of his vacation is not 28, but 30 calendar days. But the amount of vacation pay for 28 calendar days will remain unchanged and will also amount to 56,000 rubles (2,000 rubles x 28 k.d.).

According to Art. 125 of the Labor Code of the Russian Federation, annual leave can be divided into parts. Since Russian legislation does not limit the permissible number of vacation parts, it can be divided into any number of time periods. The main thing is that at least one of these parts is at least 14 calendar days.

In practice, there has been a custom of granting vacations in parts that are multiples of one or more weeks (from Monday to Sunday). This option is usually convenient for both the employee and the employer.

However, this practice is not an established rule. That is, part of the vacation can be of any duration within the number of vacation days established for a particular employee (taking into account the limitation established by Article 125 of the Labor Code of the Russian Federation).

In addition, vacation can begin on any day of the week or month. Consequently, the first day of vacation can be any weekday, weekend or non-working holiday, if such an order is approved in the vacation schedule and is for some reason convenient for the employee and the employer.

It should be remembered that the employer is obliged to provide certain categories of employees with leave at their request on the dates specified by them. In Art. 122 of the Labor Code of the Russian Federation establishes a list of such categories. In particular, the right to use annual leave on dates convenient for them applies to:

• pregnant women,
• workers under 18 years of age,
• employees who have adopted a child or children under 3 months of age,
• and some other categories of workers.

Blocks "A" and "B"

Let us carefully consider a sample order for annual paid leave, drawn up in Form No. T-6.

After the data on the period of work there are mysterious letters “A” and “B”. These are so-called blocks, which indicate the type of rest.

1. Block A is the annual basic paid rest - time that the employer is obliged to provide annually to all employees of the organization, without exception.
2. Block B is all other types of vacation: additional annual or educational leave, days off without pay, maternity leave, and even time given to care for a child up to three years old.

In these blocks, you must indicate the number of calendar days of rest for the employee and the dates on which it falls. If the form only talks about basic rest, the employer does not need to fill out Block B. In the case of multiple views, both blocks are filled. If we are not talking about regular paid vacation days, you only need to fill out block B.

Sample order for leave 2021 without pay

Form T-6

The form has been in effect since 2004. It allows an employee to take two vacations at once if they follow one another. It also added additional clauses that differentiate types of vacations and summarize their duration.

You can order for free here.

In the first part – the header of the document – ​​fill in:

• Name of company . The name specified in the constituent documents is required.
• Form according to OKUD (All-Russian Classifier of Management Documentation). This detail can be entered if documents from help systems or document management systems are used.
• Form according to OKPO (All-Russian Classifier of Enterprises and Organizations). A unique code assigned to the organization by Rosstat is recorded here.
• The document number means the serial number of the order.
• The date of preparation is the day, month, year of issue of the order.

The second part of the document is called the content or main part and is filled out point by point:

• The employee's full name is written down in the dative case.
• A personnel number is a digital code that is assigned upon hiring and remains until dismissal.
• A structural unit is a department, department, group or other branch of an organization. It is written in the nominative case. If the employee is hired at the main office or the organization does not have divisions, then the details are not filled in.
• The position (specialty, profession) is written in the nominative case in full.
• The period of work is 12 months of actual work of the employee.

The third part of the order is the duration of the vacation . Sections A and B are completed if two types of leave are provided. If only one leave is granted, then the corresponding section is completed:

1. section A is the annual basic paid leave. The number of calendar days and dates of provision are indicated;
2. Section B is annual additional paid leave, educational, without pay or other. It is necessary to indicate the type of leave and duration in calendar days. The duration can be found out from the regulatory act, collective agreement, local act;
3. Section B is the total amount of vacation days. The amount of annual and additional leave is indicated here.

The fourth part is mandatory, without which the order will not be considered valid:

1. Position, personal signature and its decoding of the head of the organization . The manager or the person performing his duties puts his own signature and writes down his full name.
2. Personal signature of the employee . After reading the order, the employee must sign, because and in this case the document will not be valid. The employee must be familiarized with the order before the start date of the vacation.
3. The date the order was drawn up is the day the document was signed by the manager. It is written in the format day/month/year, in Arabic numerals.

The employee is notified of the start of the vacation. Read more about this here.

Let's sign and introduce

The head of the organization or another authorized official can sign the personnel act. When the order is ready, the employee must be familiarized with it and signed. The signature must be decrypted. If the employee refuses this procedure, the employer will have to prepare a corresponding act. Even if it is impossible to meet the employee in person, for example, he works remotely, he still needs to be familiarized with the order. This can be done in the mode of exchanging electronic documents with digital signatures. This procedure is provided for in Article 312.1 of the Labor Code of the Russian Federation.

How to notify about the start of vacation

The company can independently choose the method of notification.

For more information on how to choose the optimal notification method, read the article “How to notify an employee about the start of vacation: the latest clarifications from Rostrud?”

According to Article 123 of the Labor Code of the Russian Federation, the employee must be notified of the start of vacation. The company can choose one of the following methods:

• provide written notice of leave two weeks before its start, the fact of delivery of the notice is recorded with the employee’s signature;
• notify about the start date of the vacation orally, make an entry about this in a special journal and obtain the employee’s signature confirming that he was notified in a timely manner by the employer;
• add two additional columns to the vacation schedule: for signature and to indicate that the employee has been notified;
• issue an order to start vacation 2 weeks before the vacation and obtain the employee’s signature on the order.

The director also wants to rest

What if the director of the company decided to take a break? Everything also needs to be done in accordance with the law. The head of an organization is also its employee. At the same time, by virtue of Federal Law No. 14-FZ dated 02/08/1998 and Federal Law No. 208-FZ dated 12/26/1995, it has the status of a sole executive body. But he still has no right to send himself to rest if he is not included in the schedule. The organization's charter must state who can make such a decision: only a collegial body (board, directorate, etc.), if there is one, a meeting of participants (shareholders) of the company, or the manager himself. The decision of a collegial body or meeting of participants is documented in a protocol, which, in addition to all the conditions for the director’s rest, also decides the question of who will perform his duties during the absence.

An order is issued based on such a protocol. It can also be compiled in any form: both unified and free.

IMPORTANT!

If the unified T-6 form is selected, then by default only the manager himself can sign it. Therefore, in order for an authorized member of the company to sign, it must be amended in advance.

The fact of such changes is recorded by a separate order of any form. It happens that the director has the authority under the charter to send himself on vacation independently. Then he can sign the order himself, and carry out all the registration in accordance with the general norms of the Labor Code of the Russian Federation.

Sample order for director's annual paid leave

Registration of director's leave

If there is a need to draw up an order for the general director’s leave, a sample of which is presented below, then you can see that it is no different from a regular order for ordinary employees. The only feature of such a document is the fact that the manager signs the order for his leave independently.

On the one hand, this situation looks absurd. But experts believe that the director is the same employee as other company personnel. To arrange a vacation, the director needs to resolve the issue of the number of vacation days and the amount of vacation pay. Management must also decide the issue of replacement: choose the company employee who will assume all responsibilities during the director’s vacation.

Also see “Director on vacation: who signs the documents?”

It is noteworthy that the director’s vacation is recorded in the preliminary schedule along with the vacations of other employees.

The HR department is obliged to notify the director of an imminent vacation: no later than 14 days before its start. If you need to know how to issue a director's leave order, a sample is shown below. Form T-6 is the same for employees and directors.

Mandatory holidays from previous years

It happens that an employee has not had a rest for several years, but this year he decided to take advantage of the rest days from previous periods. In this case, this must be reflected in local act No. T-6 or No. T-6a. True, the usual form does not provide for the listing of several periods, so it needs to be modified. Changes must be formalized in the appropriate organizational and administrative document, as provided for in the Procedure for the Application of Unified Forms of Primary Accounting Documentation. In this case, a self-developed form is preferable, since it does not require additional procedures.

Leave for donation

Employees of enterprises of various professions are ready to donate blood to help people in need.
This desire is laudable and supported by Art. 186 of the Labor Code of the Russian Federation and Federal Law of July 20, 2012 No. 125-FZ. A person has the right not to go to work both on the day of blood donation and on the day of the previous medical examination. For this reason, the enterprise issues an order for an additional day of rest for donating blood.

If, nevertheless, the employee worked on these days, then he can apply for rest at another time. Blood and its components may be collected on weekends or holidays. In this case, you can also claim your right to time off during working hours. The right must be exercised within a year from the date of donation.

Let’s take a closer look at compensation options for public sector employees.

Shelf life

After the registration is completed, the document must be filed in a folder and sent for storage. According to clause 19 of the List of standard management archival documents, approved by Order of the Ministry of Culture of the Russian Federation dated August 28, 2010 No. 558, the storage period for such local acts is 5 years. However, if employees who went on vacation are engaged in hard, harmful or dangerous work, or the document concerns the provision of days without pay (wages), then, in accordance with paragraph 19 of the List, such a local act will have to be kept for 75 years.

Vacation order, sample 2020

Order for leave at your own expense, sample T-6

Order for leave without pay, sample 2020

Results

The vacation order, a sample of which we have reviewed, does not require much effort to complete.
It contains the minimum necessary information about the vacationer and the duration of the vacation. The unified leave order form for the 2021 model has not changed compared to 2021. You can take the usual form of the order (form T-6), and if you wish, develop your own. The main thing is that it reflects all the information necessary to send an employee on vacation. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.