Article 128 of the Labor Code stipulates such a concept as unpaid leave - wages. Labor law classifies such vacations as social, not due to the work of the employee, but only to personal circumstances. This leave is provided by the employer on a mandatory basis to any employee in the event of a certain important event in his personal life.
Personal circumstances - what are they by law
Paragraphs 2-8 of Article 128 of the Labor Code of the Russian Federation regulate the provision of vacations due to personal circumstances. The code refers to such circumstances:
- birth of a child, registration of marriage, death of a close relative;
- death of a husband or son, a soldier who died as a result of injury, concussion or mutilation, in the performance of duties, or as a result of an illness associated with the performance of military duties;
- entrance, final and current exams in institutions of secondary and higher education with state accreditation.
In addition, leave for personal reasons without pay and without giving reasons is provided to disabled people working at the enterprise under an employment contract and to almost all categories of veterans.
And, although the legislation does not directly relate leave for personal reasons to parental leave until the child reaches the age of three, provided in accordance with Article 256 of the Labor Code of the Russian Federation, it, in fact, is also unpaid leave. All of these vacations are granted for a specific period, depending on what type of "personal circumstances" they relate to.
Vacation by agreement of the parties
Paragraph 1 of Article 128 of the Labor Code of the Russian Federation provides for the granting of leave by agreement of the parties, which can be provided by the employer to any employee for any period, the duration of which can only be determined by this agreement. In such a case, in a written application, the employee must indicate those valid reasons that force him to ask for leave. Its duration should be determined jointly with the employer. Often, in practice, these types of leave are actually granted at the discretion of the employer. In this case, the indication of the reason, most often of a personal nature, is mandatory.
This information refers to personal data, they must be stored, processed and used in strict accordance with the requirements of Chapter 14 of the Labor Code of the Russian Federation and the Federal Law "On Personal Data".
For vacation by agreement of the parties, provided for personal reasons, there is no exact list of reasons that can be considered valid. But practice shows that you can get it without any special obstacles in the event of an anniversary, seeing your son off to the army, sending children to summer camps, etc.
