The vacation schedule in the organization begins to be planned from the end of the previous year. Often, after the approval of the schedule, the situation may change, and the long-awaited vacation will be needed later, or, conversely, there will urgently be a need to use it earlier than the planned date. The situation is not hopeless and quite solvable, but to solve it, a documentary will will be required in the form of an application for the postponement of vacation on schedule. This paper must be submitted to the human resources department in advance.
Vacation Schedule
All employee vacations should be planned well in advance. Normative acts provide for approval of the schedule until December 16 of the previous year. But given the time-consuming process of planning their priority (especially in large enterprises), work begins in advance.
The schedule is planned based on the wishes of the employees, the possibility of the enterprise functioning in the absence of a certain number of employees. This means that when drawing up the schedule, the wishes of the employee are taken into account, but if this negatively affects the work of the enterprise, he will be given other time for rest. In addition, there is a certain category of persons to whom the employer is obliged to provide vacation in the summer or at any other time they prefer.
Tenant-initiated vacation transfer
The situation in which the proposal to change the start date of the vacation comes from the employer is much less common than at the initiative of the employee. This situation is most often associated with production needs. Since in this case the expression of will comes from the employer, the registration takes place without an application for the transfer of leave according to the schedule. Here, the employer issues an order, but without the consent of the employee, such a transfer is impossible.
Exceptional cases allow the postponement of leave to the next year. However, then the period between employee holidays should not exceed one year.
Cases of mandatory transfer of leave
The reason for the transfer of legal rest may be both the desire of the employee, and specific cases when the employer is obliged to postpone the vacation. These include:
Temporary disability. The situation arises when an employee goes on vacation and opens a sick leave due to temporary disability. Then he has the right to extend the vacation by the number of days of illness, and also transfer it to another time agreed with the employer. In the second case, the employee should contact the personnel department to write an application for the transfer of annual leave on schedule.
Fulfillment by an employee of obligations to fulfill a civic duty while on vacation. The legislator provides under this wording, for example, the role of a witness or a victim in a criminal or civil proceeding. The performance of such functions may become the basis for the transfer of leave at the request of the employee, if such circumstances were not known in advance and will become a real obstacle for the employee to rest.
Transfer in case of violation to tenants of the procedure for its provision
The Labor Code also contains cases in which, due to the fault of the employer, the right to annual leave cannot be fully realized. Therefore, in such situations, the employee retains the right to transfer the rest:
In the case where there was a violation in the provision of leave to the employee, namely, the employer notified of the start of the leave in less than 2 weeks, or vacation payments were made later than the due date or were not made at all.
In the event that the leave of the employee may adversely affect the functioning of the enterprise or organization. Such a case is exceptional, an employee’s application to postpone annual leave in this case is not required, but his consent is required.
Transfer at the request of the employee
Except in cases when the employer is obliged to transfer the vacation to the employee, there are a number of other life circumstances that can serve as the basis for the statement on the transfer of vacation on schedule. Normally, these reasons are not fixed and the employee is not required to indicate them in the document. However, as practice shows, in order for the employer to agree on the transfer of leave according to the schedule, it is better to indicate the reason.
If the reason for the transfer was the reason why the employer is not entitled to refuse the employee, copies of documents confirming such reason should be attached to the application (for example, a copy of the certificate of incapacity for work, a subpoena indicating the time spent in court, etc.).
Migration Statement
Writing an application addressed to the head of the organization is allowed both manually and in printed form. As a rule, the application form for the transfer of leave is approved along with other forms of personnel documents at the enterprise. The text itself is not regulated in detail. It should indicate:
- who the application comes from (full name, first name, middle name, position or profession), indicate the structural unit;
- at the request of the applicant - the reason for the transfer;
- date of vacation according to schedule;
- the date on which it is planned to postpone the start of the vacation;
- date of application;
- employee signature
- coordination of the immediate superior (if the application is not in his name).
Sample vacation transfer application
In many enterprises and organizations, in order to streamline personnel work, there are ready-made samples.
Schematically, such a sample application for the transfer of leave will not differ from any personnel statement. The content of the document will be as follows:
“In connection with the prevailing family circumstances (acquiring a ticket to a sanatorium, a relative’s illness, etc.), please allow me to postpone the start of my work leave (part of the work leave in the amount of _____ calendar days) from ____ to _____.”
Transfer of part of labor leave
Often there are situations when the employee does not need to postpone the entire vacation, but is required to take rest for several days at a different time than the one planned according to the schedule. In this case, we will talk about transferring part of the vacation.
In this matter, it is important for the employer (in the person of the personnel service) to control the crushing procedure itself. It is legally permitted to divide vacation into parts, however, one of the parts must be at least 14 days old. Therefore, if the employee wishes to take the smaller part first, the employer should warn the employee about such a situation in order to avoid further misunderstandings.
So, let's say a scheduled vacation was planned for May 2 in the amount of 26 days (all days of due rest). The employee wants to take 10 days later, in connection with a trip to the sea. In this case, an application for transferring part of the leave in the amount of 10 days will be required from him. It is allowed to not immediately indicate the date on which the beginning of the remainder of the vacation is carried forward. This can be reported later, also in the form of a written application to the tenant.
A statement on the partial transfer of the leave is written similarly to the model on the transfer of the leave in full. The only difference will be the indication of the transfer of part of the vacation and the number of days of such part.
Migration Notification Dates
The Labor Code provided a 14-day deadline for notifying the postponement of leave for both parties. This means that if the initiative comes from the employer, the employee must be notified in writing about this in 2 weeks. The same obligation is imposed on the employee. The transfer application must be written no later than 14 days before the date of vacation.
For any personnel action has its own procedure. For holidays - advance scheduling. The procedure for changing the schedule also involves a written form of expression of will by writing a statement. In this matter, it is important to correctly approach both the formal plan and the substantive one, and observe the norms of legislation.