Everyone knows that a worker is entitled to paid leave once a year. But, unfortunately, circumstances often force a person to take unpaid leave without maintenance. As a rule, workers are reluctant to do this. Who would like to sit without a salary?
In some areas, for example, trade or construction, the peak of work activity falls on certain periods or seasons - for example, New Year holidays. It is unlikely that management will be pleased if one of the employees is going to relax during this period. Can the authorities refuse to leave without content?
Yes maybe. According to article 128 of the Labor Code of the Russian Federation, an employee will be able to go on vacation without maintenance if family or other good circumstances require it. But at the same time, the law does not clearly stipulate what circumstances can be called valid. So the leadership, if desired, may also refuse unpaid leave, citing the fact that there are no good reasons for it. What is the way out? Need to negotiate. You can’t just write a statement and leave, leaving it with the boss - it can rightfully be considered absenteeism and dismissed with the corresponding entry in the work book. In turn, the employee, in case of refusal to leave without maintenance, can apply for dismissal - which is much worse for any company during emergency work.
True, there are a number of categories of employees for whom the authorities are not entitled to refuse to leave without maintenance.
These include:
- Workers who requested leave in connection with the registration of marriage, the death of a close relative or the birth of a child - no more than five days.
- Disabled workers.
- Spouses and parents of servicemen who have been injured, shell-shocked, or who have died while performing military service, or who have been ill during military service, resulting in death or disability.
- Retirement retirement employees who continue to work.
- Disabled war.
- Veterans of the fighting.
- Residents of besieged Leningrad, awarded the corresponding sign.
- Persons entering higher educational institutions.
- Heroes of the USSR and the Russian Federation.
- Persons combining work and study.
- Members of election commissions and candidates for election - until the end of the election.
- People working part-time.
- Civil and municipal employees.
- Heroes of the Social. Labor and full gentlemen of the Order of Labor Glory.
- People working in the Far North and equivalent localities.
- Spouses of the military.
The authorities are obliged to provide all the categories of workers with leave without maintenance. The vacation period is determined individually in each case. For example, war invalids can rest at their own expense for 60 days, those working concurrently have the right to a period exceeding the leave of their main job, and those entering higher education institutions - 15 calendar days. Of course, leave by agreement with the bosses can be a couple of days or several months without restrictions. Exception - municipal and civil servants cannot take leave without maintenance for more than a year.
The above cases were considered when taking leave for maintenance on the initiative of the employee. Unfortunately, especially during crisis periods and days of downtime, business leaders send their employees on unpaid leave, thereby directly violating the law. Whatever the difficulties of the enterprise, management has no right to send workers without maintenance.
Do not forget that leave without maintenance on the initiative of the employee, lasting more than 2 weeks, is not included in the billing period for calculating paid leave. Simply put, you can’t go for a year without maintenance and then go on a paid vacation.