Very often, due to certain circumstances, it is necessary to take a day off and stay at home on weekdays or go about your urgent business. The labor legislation of the Russian Federation provides such an opportunity to receive paid additional days of rest or, in accordance with extreme necessity, to receive unpaid leave at your own expense.
It is necessary
- - application;
- - order.
Instructions
Step 1
In accordance with labor legislation, additional days of rest are provided, which can be obtained upon application throughout the year at any time. Such days are provided for by article 152 of the Labor Code of the Russian Federation for overtime work, article 153 of the Labor Code of the Russian Federation for work on weekends and holidays, article 301 for rotational processing, article 186 for donating blood by donors, article 125 for unused annual leave, article 128 provides for the opportunity to take a vacation without content at your own expense.
Step 2
All additional rest days should be arranged in accordance with labor laws. If a double payment has already been made for overtime work, then these days are not subject to additional rest. If payment has not been made and the employer has been warned that the employee wishes to receive additional rest days equivalent to the worked overtime, an application must be submitted on the need to use these days. The application must be submitted to the employer for consideration, signed by him. The employer is obliged to issue an order granting the employee an additional day or days of rest and indicate for which day of work it was provided.
Step 3
In accordance with article 125, annual paid leave can be used in parts, but one part of it must not be less than 14 calendar days. Therefore, if the rest of the vacation days are not used, they can be taken in parts throughout the year. The same provision applies to cases of illness of an employee during the next vacation. The leave is extended for all days for which a sick leave was received, and therefore, if the leave was not extended, all days for the sick leave can be used in full or in parts during the current year. The employer must be notified of this in writing and an application must be submitted for signature.
Step 4
About donors, the Labor Code says that they are entitled to a paid day during direct blood donation and additional days off. But when it is not specified specifically to provide them, therefore, this issue is resolved by the employer and the employee through mutual negotiations and can be timed to coincide with the next vacation or used as an additional paid day off during the year.
Step 5
For work on weekends and holidays, for overtime on shift, paid days are also laid at the request of employees or double payment. In all cases, you need to submit an application about the need to take advantage of additional days off, in advance.
Step 6
If the employee does not have any additional days of rest, the next vacation is fully used, then you can take the vacation at your own expense. To do this, you should notify the employer in advance, submit an application two weeks in advance, in urgent urgent circumstances - three days in advance. In emergency circumstances, which include serious illnesses of loved ones, death is on the last working day before the time off. During the year, you can take 14 days without pay, participants in the Great Patriotic War - up to 35 days, disabled people - up to 60 days. All days exceeding the specified timeframe - by agreement with the employer. In all cases, the day off is formalized by filing an application, under which the employer puts his resolution and an order, which indicates for what, when and why the day off is granted.
Step 7
Unauthorized absence from work without proper registration is considered absenteeism, for which you can be fired under the relevant article. Absenteeism is not considered only those days when the application was submitted, the prescribed days of rest are available, and the employer refused to provide them (Article 81 of the Labor Code of the Russian Federation, Resolution of the Supreme Court of the Russian Federation No. 2).
