The current labor legislation allows the employee to use "forward" leave by agreement with the organization. In addition, there are special cases in which employers are required to provide such leave upon initial employment.
It is usually necessary to take a vacation "forward", that is, without preliminary working off the months necessary for its provision, as a rule, in the event of emergency life circumstances. In some cases, employers are required to provide such leave at the request of an employee, but most employees are deprived of such privileges, so they should rely solely on the goodwill of their immediate supervisor. As a rule, companies are reluctant to grant leave in advance, since this increases the likelihood of additional problems associated with the dismissal of an employee until the moment the entire previously paid leave is worked out.
Who is obligatorily granted "forward" leave?
As a general rule, the right to full leave after the conclusion of an employment contract arises for an employee after six months of work in an organization. Some employees may demand leave before the expiration of the designated period, but the company cannot refuse them. These categories of staff include, for example, women who should be granted leave on application before or immediately after maternity leave. In addition, employees who have not reached the age of majority, employees who have adopted a child or several children under three months of age, have the right to receive “forward” leave. By agreement between the employee and the company, leave before the expiration of the due period of work can be granted to any employee.
What is the threat to the employee when given the leave "forward"?
Many workers agree with their employer to provide a "forward" leave with the intention to quit immediately after the end of such leave. This approach is in fact meaningless, since labor legislation protects employers in this area, allowing them to make deductions from the employee's salary on account of those vacation days that have already been paid but have not yet been worked out. Deductions can be carried out taking into account the restrictions established by law, and in the absence of the employee's consent to the implementation of such a retention, monetary funds can be collected in court. That is why it is necessary to agree on the payment of the vacation ahead of time only when there really are certain objective circumstances, and the employee intends to continue working in this company.