How to go on vacation at your own expense?
Usually, they go on vacation at their own expense for a good reason – it can be a family celebration, a session, or an important project at a second part-time job.
We tell who can go on an unpaid vacation and for how much, if what circumstances is it usually taken, and what to do if the employer does not let him go to a wedding or funeral.
Who can go on vacation without pay?
Technically, anyone to the employee after agreement with the employer. However, the Labor Code separately specifies the categories of citizens who cannot be refused: people with disabilities, participants in the Great Patriotic War, and retirees. They are also family members of military and civil servants who died in the line of duty.
An employer cannot refuse to leave at his own expense to those who work part-time, work and study at a university at the same time, or just enter a higher educational institution … Also, war invalids, Heroes of Labor, and proxies of candidates participating in elections must be released on vacation at their own expense. If a company employs a person with a disability received during the war, he can rest twice a year – both times for 60 days.
The law also guarantees leave at its own expense for single parents with one child under 14 years old. employees with two or more children under 14 years old or with a disabled child under 18 years old – such family circumstances must be reported upon employment and recorded in the employment contract.
When can you take a vacation at your own expense?
You can take a vacation for any good reason: when a child was born, a relative died or wanted to get married. The employer decides what is considered a good reason at its discretion – there is no such term in the legislation, so you can agree if you have enough diplomacy skills.
Theoretically, you can take a vacation at your own expense whenever and for any period not exceeding a year. On the other hand, the employer has the right to allow much less rest than requested in the application, or not to let the employee go at all.
How many days can you go on vacation at your own expense?
In the Labor Code, the duration of unpaid leave is indicated only for categories of citizens who cannot be refused. Participants of the Second World War may not work for up to 35 calendar days, pensioners by age – up to 14 days, families of military personnel, the Ministry of Emergency Situations, the Ministry of Internal Affairs and customs officers – up to 14 days, workers who have recently had a child or got married – 5 days in each case. They give no more than 15 calendar days to prepare for entrance exams to a university, and 10 days to a secondary specialized educational institution.
Civil and municipal employees can go on vacation without pay for a year.
How to take a leave without pay?
In a nutshell, explain to your boss the state of affairs, and then write a statement indicating the reason and dates you want not to work. After receiving the order, the employer enters information about the vacation in the employee’s personal file and also makes a note in the timesheet.
For privileged categories of citizens, documents are needed, based on which the employer lets go on vacation at his own expense. Single parents must provide a child’s birth certificate, students – a certificate from an educational institution, those who combine work activities – a document from a second job.
I’m afraid that I will go on vacation, but they won’t take them back
An employer cannot fire an employee if he released him on leave without pay. An exception is if you left yourself without coordinating your absence from work with the management.
You also cannot be forced to go on vacation at your own expense – if the employer does this, explaining it by idle time, lack of “volume of work” or money for wages, it is illegal. If you have been agreed to leave for a week and are asked to leave after two days, you can refuse – you cannot be called to work by force.
The employer does not let go, what should I do?
Anyone who does not fall into the listed preferential categories can be refused leave without pay – this is not considered a violation of the Labor Code. You can try to prove that the reason why you are taking time off is valid but be prepared that your explanations will not be accepted.
It is simply impossible not to go to work without prior approval – the employer will have a reason to fire you for absenteeism.