Samples of an application for additional leave - when and how to write?

General rules for granting leave

Any employee with whom an employment contract has been concluded (Articles 114 of the Labor Code of the Russian Federation) has the right to annual basic paid leave. As a rule, its duration is 28 calendar days (Article 115 of the Labor Code of the Russian Federation). A person can apply for annual rest for the first year of work after six months of work with a specific employer (Article 122 of the Labor Code of the Russian Federation). Further rest is provided in accordance with the vacation schedule (if the new employee was included in it).

Who is entitled to another vacation?

There are employees who are entitled to another vacation. According to Art. 116 of the Labor Code of the Russian Federation, it is provided:

• employees with irregular working hours;
• people working in harmful and/or dangerous conditions;
• citizens working in the Far North and equivalent territories;
• employees performing work of a special nature;
• it can be provided to other employees in accordance with the Labor Code of the Russian Federation or federal laws. For example, Art. 19 Federal Law dated June 26, 1992 N 3132-1 “On the status of judges in the Russian Federation” states that judges can exercise this right.

Cases when an employee can exercise this right are specified in the Labor Code of the Russian Federation and other regulatory legal acts. Let's see how many days of rest employees can claim:

Based on Art. 350 of the Labor Code of the Russian Federation, certain categories of medical workers may be granted one more leave. In addition, it is available to citizens working in representative offices of the Russian Federation abroad in countries with special conditions (Article 339 of the Labor Code of the Russian Federation), as well as athletes and coaches (Article 348.10 of the Labor Code of the Russian Federation). Its duration and conditions for its provision are determined by the Government of the Russian Federation (Part 2 of Article 118 of the Labor Code of the Russian Federation).

Who is entitled to paid leave?

There are two types of paid:

1. Basic.
2. Additional.

The first is given to any employee with whom the administration has an employment relationship. This is mentioned in 144 articles of the Labor Code of the Russian Federation. It lasts 28 calendar days (Article 115 of the Labor Code of the Russian Federation). Although there are longer periods during which the employee can rest at the expense of the employer.

The second one is not for everyone. Categories of persons are listed in Article 116 of the Labor Code of the Russian Federation.

Firstly, these are persons who work on irregular working hours. That is, they may be occasionally involved in performing functional duties outside the established working hours. The minimum number of days of rest that are added to the main one is three.

Secondly, for those who work in hazardous or harmful production – 7 days.

Thirdly, persons working in the RKS and equivalent territories - 24 or 16 days, respectively.

Fourthly, for employees with a special nature of work - established by the Government of the Russian Federation.

The list is not exhaustive, since the specified legal norm talks about the possibility of providing additional rest to other employees, in accordance with labor legislation. This is usually specified in federal laws. Judges, teachers, doctors are the most typical examples. A sample application for additional paid leave can be downloaded at the end of the article.

Features of provision

1. It can be combined with part of the main rest. If the main one is taken in advance, then the additional one can be provided only with the consent of the employer. If a vacation is taken together with the main one, then one application is written indicating the temporary periods of rest. If additional leave is taken separately, the reason is usually indicated. For example, family circumstances. Here we have posted a sample application for main and additional leave:

1. The list of professions that are entitled to additional days off can be found in the Decree of the State Committee for Labor of the USSR, All-Union Central Council of Trade Unions dated November 21, 1975 N 273/P-20 (as amended on April 15, 2004, as amended on January 26, 2017) “On approval of the Instructions on the procedure for applying the List of production workshops, professions and positions with hazardous working conditions, work in which gives the right to additional leave and a shortened working day.” Paragraph 18 of this Instruction states: if an employee has the right to be granted additional days off for several reasons, then the days are provided for only one of them (for example, he is an employee of the Far North and his work involves hazardous work).
2. Additional rest for citizens working in hazardous work is not compensated with money.
3. The minimum duration of additional rest for citizens engaged in hazardous work, according to the Labor Code of the Russian Federation, is seven days. If the company in which a person works, on the basis of local regulations, a large amount is established, such days off, at the request of the employee, can be replaced with monetary compensation. In this case, an additional agreement to the employment contract is drawn up.

You can choose money

The main one must be taken off in full, and the second type of vacation can be replaced with money. Yes, many take so-called compensation - money instead of actual vacation. If the main rest period exceeds the minimum threshold of 28 days, then “extra” days can be taken in cash. The same applies to additional rest - everything that is above the minimum established by law can be received in the form of compensation.

The rule has exceptions. Additional leave for harmful workers and those employed in hazardous industries cannot be completely replaced with money. You need to take seven days off, but days (if any) exceeding these seven days can be replaced with money.

Pregnant women and minors are two other categories who are required to take all the time off that they are entitled to by law. Unless we are talking about dismissal, in which any employees have the right to receive compensation in money.

Sample application for compensation for additional leave

Sample application for additional paid leave

The application is written in any form. When compiling it, you can use our sample.

• the header of the application indicates the full name of the employer, as well as the full name of the employee;
• Title of the document;
• in the text you must formalize the request for additional rest, indicate the reason and period.
• Below you must indicate the date of preparation of the document and the signature of the applicant.

After writing the document, it should be submitted directly to the manager. After reading the application, the manager signs an order granting additional leave for the dates specified in the application. The employee must be familiarized with the order.

Do I need to write?

Labor legislation provides for all citizens performing a production function on the basis of a signed labor agreement, guaranteed leave, the duration of which cannot be less than 4 weeks , during which the worker retains his job, and the company management undertakes to pay average earnings.

Important! For certain categories of workers, the legislator established a longer basic vacation, justified by the specifics of the work performed (for example, teachers rest for 56 days).

In addition to the specified rest days, depending on various circumstances, workers are entitled to additional paid leave.

The following can apply for it:

• persons whose production function is performed in hazardous working conditions;
• citizens working in the northern regions of Russia;
• workers who become ill as a result of performing a certain job function;
• medical workers;
• persons who have certificates of a participant in hostilities , etc.

The duration of additional paid days of rest is regulated by the norms of the Labor Code.
The procedure for workers going on vacation is recorded in the local documentation of the enterprise (organization) - a schedule drawn up by a personnel service employee in the last month of the working year.

When distributing vacation (main and additional) days, the desire of the worker and the employer’s ability to organize the production process during certain periods in the absence of any of the employees are taken into account.

Each employee must be familiarized with the schedule against signature , after which its implementation becomes mandatory for both the worker and the employer.

An application for leave is written by an employee only if, for some objective reason, he needs to transfer his days of rest to other dates. If the care corresponds to the established schedule, there is no need to submit an application.

How to register correctly?

The legislator does not establish a mandatory form for an application for leave, and therefore it is drawn up at the discretion of the worker, taking into account the main features of office work at enterprises (organizations).

The document can be written on the company’s letterhead (if available) or on a sheet of A-4 format.

The addressee of the application is the director of the enterprise (organization), whose details (position, company name, surname and initials) are written in the header.

You should also indicate here the position, surname, first name, patronymic and contact number of the applicant (worker).

The paragraph below sets out the essence of the application itself with a request to provide days of additional leave (indicating their number) on certain dates.

You should also indicate the reason why the worker cannot go on vacation in accordance with the approved schedule.

The application is dated on the day of submission and is signed by the employee . You can submit the document to the office of the company or personally to the director, who will issue an approving or rejecting reasoned visa.

Is it possible to leave without an application?

The employee has the right to take basic and additional leave at his own discretion in compliance with the rules of the Labor Code - the main part of the rest cannot be less than 14 days in a row.

All other days can be grouped or split one at a time.

In this case, all information should be reflected in the corporate vacation schedule.

When a worker uses additional paid leave according to an established and approved schedule, he is not obliged to write an additional application for provision.

Sample application for compensation for additional leave

As we noted above, if an enterprise provides employees with more than 7 days off, at their request they can be replaced with monetary compensation. The exception is citizens working in hazardous industries.

To do this, the employee must contact the employer with a corresponding application, which will contain a request for payment of compensation. You can compose it according to our sample. Based on the application, the director of the enterprise will issue an order to issue monetary compensation to the employee. Regardless of the form in which the worker requests his additional benefits, he still retains the right to annual basic leave, consisting of 28 calendar days.

Compensation for unused portion

Cash compensation can only be received for those days that exceed the basic 28. Such replacement is carried out at the request of the employee. To do this, you will also need to submit an application for compensation for unused vacation days.

If such an appeal came from a pregnant woman, a minor, working long hours or in hazardous work, then the request must be refused with reference to Part 3 of Art. 126 Labor Code of the Russian Federation. These categories of employees are not entitled to replace rest with cash payments.

Employer's liability

If the employer refuses to provide employees with the required days, as well as in the case of refusal to pay monetary compensation for such leave, a fine may be imposed on the enterprise and its officials. And in relation to a legal entity, a decision may be made to suspend activities for a period of up to three months (Article 5.27 of the Code of Administrative Offenses of the Russian Federation). If an official is repeatedly held accountable for such an offense, the official may be disqualified for up to three years.