After six months of work experience, your employer must provide you with paid leave. But what to do if you have already used your vacation days, and the circumstances are such that you need additional time for rest? In certain cases, you have the right to ask for leave at your own expense. But these cases are governed by the labor code and your employment contract.
Unpaid leave
According to article 128 of the Labor Code of the Russian Federation, an employee has the right to unpaid leave. Its duration will depend on the category of the employee and the circumstances for which the employee is requesting leave. It is mainly distinguished from paid leave by the fact that leave at its own expense is granted without preservation of work experience, but, just like in the case of the main leave, the employer has an obligation to keep the employee at his workplace.
When can you be denied unpaid leave?
It should be borne in mind that Article 128 does not oblige the director to provide it to any employee. The settlement of this issue will be determined by the reason why the employee asks for additional leave, and the conditions on which the employment contract was concluded. However, there are some categories of employees to whom the employer is obliged to grant leave on the basis of only a written statement from the employee with an indication of the reason. The duration of the vacation in calendar days per year for these employees (the maximum period is set, the employee has the right to ask for less, or return to work earlier, informing the management):
• 35 - participants of the Great Patriotic War;
• 14 - working old-age pensioners (by age);
• 60 - working disabled people;
• 14 - to parents and wives (husbands) of military personnel, employees of internal affairs bodies, federal fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances, customs authorities, employees of institutions and bodies of the penal system, who died or died as a result of injury, concussion or injuries sustained in the performance of military service (service) duties, or as a result of an illness associated with military service (service) - up to 14 calendar days a year;
Also, in cases of the birth of a child, registration of marriage, death of close relatives, the director is obliged to give unpaid leave to employees of up to five calendar days on the basis of an employee's application.
In cases not described in article 128 of the Labor Code of the Russian Federation or separately described in your collective agreement, the manager has the right to refuse you unpaid leave. The employee must apply for unpaid leave with a reason, and the employer decides privately whether to release the employee or not. Since the vacation is granted by mutual agreement of the parties, the terms are determined individually, and it can be provided for any time.
