The maximum vacation period at own expense is determined by agreement between the employee and the employer. In some cases, the employer is obliged to provide such leave, therefore the maximum duration is established by labor legislation.
As a general rule, it is the employer's right to grant unpaid leave. In other words, in the absence of the consent of the manager, the employee simply cannot take advantage of this type of vacation. That is why labor legislation does not determine the minimum and maximum duration of this type of rest time, leaving the resolution of this issue at the discretion of the parties to the employment contract. The Labor Code of the Russian Federation in Article 128 is limited to an indication of the possibility of granting leave to an employee if there are valid reasons. Moreover, the duration of this period is determined by the agreement of the parties. But there are certain categories of workers, as well as specific life circumstances, in which the legislation obliges to provide leave without payment at the request of the employee.
When does the law determine the maximum length of vacation?
Cases in which the employer must give his employees leave at their expense are also listed in article 128 of the Labor Code of the Russian Federation. Since in this case we are talking about a duty, the legislation clearly establishes the maximum duration of such a rest. So, the head is obliged to give additional rest without salary to working old-age pensioners, parents and spouses of military personnel, police officers, other structures who died in the line of duty, working disabled people, participants in the Great Patriotic War. For veterans, the maximum duration of such leave is thirty-five calendar days a year, for working pensioners - fourteen days, for relatives of military personnel and law enforcement officers - fourteen days, for disabled people - sixty days.
Other cases of compulsory unpaid leave
Sometimes the employer is obliged to provide unpaid leave if the employee does not have a special status. In this case, the occurrence of a certain event in the life of the employee takes place, which is associated with the need to participate in long-term events. So, organizations are obliged to give leave at their own expense to those employees who have a child, a close relative dies, and a marriage is registered. In this case, the maximum duration of unpaid rest is a five-day period.
