Application for transfer of vacation to another date: sample 2021

Reasons for postponing vacation

People plan their vacation in advance and do not want to lose either it or their vacation payments. The manager has the right to ask the employee to postpone the vacation due to production needs, but it happens that the employee himself needs the postponement. Another reason for shifting the deadline is violation of labor laws. Examples of common grounds:

• Transfer of leave due to sick leave. If a person gets sick as soon as he begins to rest, the vacation is either extended or postponed. To do this, you need to issue a sick leave certificate.
• Fulfillment of civil duties. If an employee had to act as a witness, victim, witness or juror in court, participate in military training, study, etc., then legal leave is extended for this period subject to documentary evidence.
• Due to the employer's fault. If the HR department did not inform the employee about the upcoming vacation two weeks in advance or the accounting department did not transfer vacation pay on time (3 days before the start), the person may request a deferment, because this is a direct violation of the Labor Code.
• At the initiative of the employer. When an employee’s presence at work is necessary so that the work process is not interrupted, he is asked to postpone his rest time. This is possible only with the voluntary consent of the subordinate: he must confirm in writing that he is not against it. Exception: paid vacation cannot be postponed if the person did not use it last year.

Due to circumstances, a person may need to transfer part of the vacation or its entire duration to another time. To do this, he will have to contact management with an explanation of the reasons. The right to consent or refuse in this case remains with the employer.

Application for preferential leave sample

Of course, every person may have circumstances when he needs a vacation at his own expense, but still you shouldn’t abuse it. Firstly, wages are lost, secondly, days of unpaid leave are not included in the paid insurance contribution to the Pension Fund and, thirdly, employers begin to distrust those employees who, without good reason, often ask for leave at their own expense. This may mean that such an employee is first in line in the event of, say, a staff reduction.

In addition, if an employee intends to change the planned date of vacation, the manager has the right to refuse, citing valid reasons. This also applies to those cases when an employee asks, instead of the whole vacation, to provide only a part, and the rest to be postponed to another time, or to change the planned dates of parts of the vacation.

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When you can't transfer

In some situations, shifting deadlines is prohibited by labor law:

• when an employee did not rest for two years in a row;
• minor workers;
• employed in hazardous work or in hazardous conditions.

The last category has a vacation longer than the standard 28 days; for them, some enterprises organize treatment in sanatoriums or health resorts with a favorable climate and rehabilitation procedures. It is not advisable to postpone such a vacation.

How to write a vacation application correctly - examples

Vacation without payment for the requested days, but with retention of place, is called administrative (official terminology) or at one’s own expense (everyday terminology). Individual citizens have the right to annual unpaid leave by law (Article 128), which can be divided into parts, but cannot be transferred to the next year.

The duration of the vacation is standard and is 28 days, therefore it is not necessary to indicate the number of days. Extended vacations can be used by certain categories of workers (TC Articles 120, 267, 334; Federal Law No. 181 1995, No. 136 2000, No. 90 2006; PP No. 949 1994, No. 391 1996). They should provide a link to the relevant regulatory document.

The employer's obligation to satisfy the employee's request

You cannot talk about shifting rest times without receiving a response from the employee himself: even in conditions of extreme necessity, the director must obtain his consent. To avoid controversial situations, the company is developing rules for replacing employees. If a person is forced to work when, according to the approved schedule, he should be resting, he has the right to appeal to the labor inspectorate with a complaint. For the organization, this is fraught with inspection, which may result in fines.

You cannot refuse a woman planning to go on maternity leave, even if it does not fit into the schedule. Taking annual leave before going on sick leave due to pregnancy is her legal right. The same applies to the period after maternity leave, when unused days accumulate. Refusal in this case is a reason to contact the labor inspectorate.

How to correctly reschedule vacation at the request of an employee

Not at all enterprises, HR employees have the opportunity to have personal contact with other employees. Working conditions do not always allow the employee to receive information about his leave on time. This will be a legal basis for the transfer.

The relationship between a boss and a subordinate proceeds in different ways, so you should call as an ally the manager under whom the person works most of the working time. This boss writes an arbitrary document asking to reschedule his subordinate’s vacation and indicates the reason (most often: “production necessity”).

Application for transfer of vacation

The transfer procedure at the request of the employee begins with his application. There are no strict criteria for drawing up this document, as well as legally approved forms, but you will have to adhere to the general rules, indicating in it:

• Full name and position of the manager;
• Name of the organization;
• Full name, position of the applicant;
• reason for transfer;
• vacation times in the schedule and new dates;
• link to a document confirming the need for transfer (if available);
• signature and date.

A sample application can be downloaded here.

ATTENTION! Originals or copies of certificates, appointments, orders that confirm the need to shift vacation days are attached to the application.

If the shift occurs at the initiative of the company, then instead of the reason, consent to the transfer is written down - also in free form.

The procedure is completed by issuing an order to postpone the vacation and making changes to the schedule. The person responsible for its preparation enters new dates, indicates the order number, and writes in the comments the reason for the postponement.

Results

No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.

The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision.
The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Order to postpone vacation

There is no single form for this order; the personnel officer draws it up according to the following scheme:

1. Information about rescheduling an employee’s vacation, his personal data, position.
2. Link to the TC article that allows you to shift deadlines.
3. Previous and new holiday dates.
4. The basis is taken from the application.
5. A note about making adjustments to the schedule.
6. Names of responsible persons.

Orders can be found at this link.

After the order is issued, the applicant and responsible persons are introduced to it, and they sign. Then information about it is entered into the register of internal acts.

Transferring vacation to another date - instructions and sample application

On the part of the employer, the transfer is formalized by a specially issued order. It must indicate the motives that served as the reason for the transfer. The employee’s statement can be indicated as the basis. The employee, for his part, familiarizes himself with the order and, after reading it, signs - “I have read and agreed with the order.” If the postponement is justified and everyone agrees, a note with new dates is added to the schedule.

As you know, all labor relations, with the exception of work contracts, are regulated by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). So, annual leave with payment is guaranteed to all citizens without exception; this is enshrined in the Constitution, namely in Art. 37, as well as in articles 2, 21 and 114 of the Labor Code of the Russian Federation.

Features in connection with sick leave

In Art. 124 of the Labor Code determines that in the event of illness of a worker for whom insurance premiums for VNIM are paid, the employer is obliged to:

• extend the vacation for the entire period the worker is on the certificate of incapacity for work;
• or reschedule your vacation to another time.

It is up to the employee himself to decide what exactly to choose - extension or transfer - since the Labor Code states that the employer is obliged to take into account his wishes.

The employee makes his choice by writing and submitting an application to the personnel service.

The header of the application is formed in the general order, but the wording will be slightly different. In the “body” of the document you must indicate:

• when leave should be granted according to the schedule;
• how many days of illness occurred during the rest period;
• the employee’s wish – the transfer of sick days that coincide with vacation, or an extension;
• details of the certificate of incapacity for work.

So, in order to reschedule leave for business reasons, the employer must obtain permission from the employee.
The transfer is also possible at the initiative of the employee - for example, due to family circumstances or if the employer fails to notify the start of the vacation 2 weeks in advance.

Download an application for rescheduling to the next year for family reasons (employee initiative) - sample.

Download an application for transfer due to production needs (employer initiative) - sample.

Private situations: important nuances, examples, sample statements

To defer annual leave, an application must be submitted. But since the reasons can be very diverse, you should know which form to use in each specific situation. At the same time, it doesn’t hurt to familiarize yourself with the procedure for completing this action.

Partial transfer

According to Labor Law, an employee has the right to take off not the entire vacation, but a certain part of it. In order to return to work early due to production needs or at his own request, he must submit an application addressed to the head of the enterprise. It must reflect a valid reason for postponing the number of days to a certain date or adding them to a future vacation period. The completed application form will look like this:

Shifting days of rest when taking sick leave

Annual paid leave can be transferred in situations where an employee falls ill before it begins or directly during the holiday. In the first case, the employee must provide the boss with a bulletin, on the basis of which the period will be postponed and the date selected again. In the second, the subordinate is obliged to notify the employer in one of the following ways:

• by telegram;
• telephone call;
• a letter sent by mail.

In this situation, the vacation will be increased by the number of days spent on restoring health.

The procedure for changing the rest period consists of several stages:

• the employee writes an application to postpone leave due to illness;
• the document is agreed upon with the manager;
• If the decision is positive, an order is issued.

Attention! The subordinate must submit a petition if it is necessary to select a new vacation date and transfer it to another period. If you simply need to increase the number of days of release from official duties, the employer will perform this procedure automatically based on the bulletin.

By necessity

The head of the institution has the right to initiate the transfer. It may be caused by urgent production circumstances. This step must be agreed upon with the subordinate, for whom the employer is obliged to provide the optimal replacement. The procedure involves the following steps. The employee is sent a proposal to postpone the vacation.

If he agrees, the administration issues an order, and subordinates write a statement stating that they do not object to changing the date of rest and postponing it.

Leave transfer initiated by employee

The legislation allows an employee to transfer his paid leave due to circumstances that arise, which can be both objective and subjective. Both options presuppose the presence of certain events in the life of an employee, defined by the Labor Code of the Russian Federation as respectful.

An application to transfer vacation days is drawn up in any form, but it is recommended to adhere to the generally accepted structure.

1. A cap. Contains standard information about the manager and employee, as well as the institution and department where he works.
2. Text of the petition. Contains personal circumstances requiring the transfer of the vacation period to a new term. These include situations that have arisen in the family, a wedding celebration, the death and funeral of a loved one, and sanatorium treatment.
3. Final part. Contains a list of attached documents (if any), the applicant’s signature and its transcript.

An example would be the following sample.

If an employee is forced to postpone his planned vacation due to the fault of the employer, he has the right to submit an application according to the following sample.

Norms of the Labor Code of the Russian Federation

Annual leave under Article 114 of the Labor Code of the Russian Federation is mandatory for persons under 18 years of age and personnel working in harmful and dangerous work.

Postponement of the vacation date in accordance with Art. 124 is carried out for workers of the following categories:

• temporarily disabled for a period of rest;
• executing orders of national importance during vacation time;
• in other cases - late crediting of vacation pay, failure to submit an application 14 days before the vacation.

The new version of Article 126 of the Labor Code of the Russian Federation states that monetary compensation may be paid for part of the vacation period of more than 28 days. The employee has the right not to take rest for 730 days.

Can it be transferred to next year?

The Labor Code of the Russian Federation states that vacation must be used by an employee annually. At the same time, the law prohibits failure to provide rest to an employee for more than two years in a row.

If for some reason an employee cannot go on vacation in the current year, then he can request a transfer to the next year. In this case, adjustments must be made to the approved schedule.

If the next year the employee does not go on vacation again, then his vacation is not lost and does not expire. Later, he will be able to use vacation days or receive compensation for them upon dismissal.

That is, the employee does not incur any losses and will be able to rest later, but for the employer, the absence of vacation for an employee for more than two years in a row is a violation of labor laws. This may result in a fine being imposed.

The initiative to reschedule vacation may come from:

• from the employee - sick leave during the rest period, fulfillment of government duties, family circumstances;
• from the employer - production necessity.

In the cases specified in Article 124 of the Labor Code of the Russian Federation, the employer is obliged to postpone rest based on the employee’s application - sick leave and performance of government duties ().

If the reason for the transfer is family circumstances or work needs, then the procedure requires the consent of both parties. Unilateral transfer is not allowed.

Reasons for writing

The main reasons for postponing vacation dates established in the vacation schedule:

1. temporary incapacity for work during rest is based on Article 124 of the Labor Code of the Russian Federation, the employer is obliged to reschedule vacation that coincides with illness, the timing is discussed with the employer;
2. carrying out government duties during the vacation period - the basis is also enshrined in Article 124 of the Labor Code of the Russian Federation, in which the employer cannot refuse to transfer;
3. family circumstances - this concept can cover a wide range of reasons when an employee, for some reason, cannot go on vacation on the dates specified in the schedule, and asks the employer to choose another time for vacation, possibly including postponing it to next year ;
4. production necessity - this reason is used by the employer when there is a need to leave the employee at the workplace due to the nature of his work activity (a partner got sick or quit, a heavy workload, an influx of clients, the introduction of new equipment, etc.), in this case it is necessary to transfer obtain the employee's consent.

The first two reasons are required to be transferred if an application is received from an employee; there can be no refusal. The timing of the transfer is discussed by the parties.

The last two reasons are not strictly binding and require consent from both parties.

In each of these cases, the employee writes a statement in which he expresses either a request to reschedule his vacation or agrees with the employer’s proposal.

How to write correctly?

The statement expresses the employee’s intention, request or attitude towards the employer’s proposal. A statement is written for any reason for transfer.

If the initiative to transfer comes from the employee, then in the text of the application he indicates:

• a request to reschedule annual leave to another time, for example, to next year;
• the number of vacation days is indicated;
• the period for which the employee wishes to carry out the transfer;
• the reason for this request.

If there are documents confirming the reason, they are attached to the application, and their list is given in the form.

The employer reviews the documents and makes a decision on the transfer. If you agree, an order is issued on the basis of which the schedule is changed.

If the initiative comes from the employer, then a notification is first drawn up, in which it is proposed to change the vacation dates indicated in the schedule to another time. In response, the employee writes a statement of consent or refusal, its contents:

• the employer’s document in response to which the application is written (name, number, date);
• consent or refusal to reschedule annual leave;
• new terms for granting vacations.

The application is submitted to the employer, if it contains consent, then a transfer order is issued and adjustments are made to the schedule. If it contains a refusal, then the employer cannot object; he is obliged, in accordance with the deadlines specified in the schedule, to draw up a vacation order and accrue vacation pay.

In addition to the information provided, the text contains standard details:

• information about the addressee;
• information about the applicant;
• Title of the document;
• date of its registration;
• applicant's signature.

Below are sample applications for rescheduling vacations due to family reasons and production needs.