In some cases, the employee's annual paid leave has to be postponed for another period due to circumstances related to the employee himself or the organization. A clear list of grounds on which such a transfer is allowed, as well as the procedure for its registration, are enshrined in the Labor Code of the Russian Federation.
The transfer of the employee's annual leave is an exceptional procedure, the implementation of which is allowed by labor legislation only in strictly defined cases. In this case, you should follow all the rules for the design of the specified transfer, take into account the restrictions established by law. If the employer commits violations in the process of registering the transfer of the annual leave, then the employee's right to rest is seriously violated, which entails bringing the organization to responsibility. There is a closed list of grounds, in the presence of which it is allowed to transfer the annual leave to another working year or simply to a later period in comparison with the approved schedule.
What are the reasons for postponing vacation?
The first group of grounds under which the employer is obliged to postpone the employee's vacation is directly related to the employee himself. A similar obligation for an organization arises when an employee is sick during a planned vacation, as well as when he fulfills state duties within a specified period (for example, acting as an arbitration assessor). The second group of grounds is due to violations by the employer. So, in the absence of a warning to the employee about the start of the vacation on time or in case of late payment for the vacation, the company is obliged to satisfy the application for its postponement. Finally, the third group of reasons relates to the needs of the company itself. If the employee's use of vacation in the current year may negatively affect the activities of the company, then with the employee's consent, the vacation can be postponed. However, in this case, the postponed vacation must be granted the next year, and the absence of vacation for two consecutive years is a gross violation of the law.
How is the transfer of vacation formalized?
When there are grounds for postponing leave from the first or second group, the employee must independently apply to the manager with an application for the postponement. The specified application is accompanied by documents confirming the occurrence of the relevant grounds (for example, a certificate of incapacity for work). On the basis of this application, the employer issues an order, the approved form of which does not exist (you can develop a sample yourself). After that, the corresponding changes are made to the employee's personal card and the transfer procedure is completed. If the employer himself is interested in the transfer (the third group of grounds), then the employee does not submit an application, but the company must obtain his written consent to this procedure.
