Transfer of vacation at the request of the employee. An order to extend or transfer leave to another period, for example in connection with sick leave

18.04.2017, 13:04

An application was received from an employee to change the date of leave due to sick leave. Now you need to prepare an order to postpone the vacation. The personnel officer needs a sample. Helps HR specialists save time.

Vacation may be rescheduled

There may also be various reasons for this: family circumstances, sick leave during vacation, etc.

If the employer does not mind, or the law is on the employee’s side, then the vacation provided for in the vacation schedule must be rescheduled.

Since not a single decision in the organization is made without the director, it is necessary to issue an order to postpone the vacation.

Preparing an order

Let us say right away that an order to transfer vacation to another date can be drawn up in any form. The main thing is not to forget to indicate the reason for postponing the vacation and the date.

It is also necessary to remember that the order is a primary document, which means it must contain all the necessary details (for more details, see “

Transferring vacation at the request of the employee is not uncommon, and in some cases even mandatory, but sometimes it turns out to be unacceptable. Let's consider the main aspects of postponing vacation.

When deciding to satisfy the request of the applicant, the employer issues an order to postpone the vacation at the request of the employee. The main part of this document will duplicate the content of the employee’s statement, presenting his request in an affirmative manner.

The order will become the basis for making changes to the vacation schedule and the employee’s personal card.

Results

No later than 2 weeks before the start of the next year, each employer approves a vacation schedule, which both parties to the employment contract must adhere to. However, the schedule is subject to change. Amendments are made on the basis of an order drawn up by the employer.

The transfer may be either mandatory for the employer (in situations provided for by law) or dependent on his decision. The specific dates of the transfer in the first case depend only on the wishes of the employee, and in the second they are the result of reaching an agreement between the employer and the employee. To express their wishes regarding the transfer, the employee needs to write a statement.

It is possible to reschedule vacation to another time, but not for all employees. The initiator of the transfer can be the employer or the employee himself.

We will tell you what changes have occurred in the Labor Code of the Russian Federation, when and to whom leave can be transferred, and we will also determine what documentation to confirm the transfer and how to formalize it correctly.

All reasons for postponing vacation on the initiative of the employee or management - who will not have their vacation postponed?

In accordance with Article 124 of the Labor Code of the Russian Federation, the following grounds are provided for postponing the vacation period:

Availability of a certificate of incapacity for work. An employee can apply for it due to illness. While on sick leave, an employee can transfer the vacation time to another time or use part of it and transfer the rest of the period.
Urgent call to work and unfavorable production conditions of the company. An employee who is on vacation may come to work in exceptional cases and perform his official duties. This can happen, for example, if there is no one to replace him at the enterprise, or a tax or audit is expected. In such circumstances, the employee may request the employer to transfer part of the vacation time.
Business trip. If there is no one to replace the specialist, the employer has the right to call him to work and send him on a business trip. Of course, the trip must be supported by documentation in order to reschedule the vacation or part of it to another time.
Failure to comply with notification deadlines. Before an employee is sent on vacation, he must be notified of this - no later than 2 weeks. If he was informed about this earlier, for example, a week in advance, he can ask to reschedule his vacation.
Fulfillment of government duties. Civil servants who are on vacation and working during it can transfer their vacation time to another period.
Violation of the procedure for payment of compensation. If an employee does not receive compensation for the required vacation on time, he can arrange for its transfer and refuse compensation.
Other circumstances that may cause irreparable harm to the enterprise. An employee can be called to work, but only with his consent.

An employee always has the right to refuse to reschedule or urgently return to work unless there are compelling reasons.

What leave can be transferred?

Russian legislation allows the transfer of vacation and approves several types.

Let's consider which vacation can be rescheduled:

Annual. It can be primary or additional. Any one can be transferred.
Training.
Maternity leave.
For child care.

The law provides for certain categories of persons for whom leave can be transferred. The employer cannot deny them this right.

Let's list who is included in the list of lucky exceptions:

Persons working part-time. Only if the leave from the main job coincides in terms of leave with part-time work (Article 286 of the Labor Code of the Russian Federation).
Minors. You can not only reschedule, but also extend your vacation by 31 days.
Women going on maternity leave or on maternity leave.
Men whose spouses are on maternity leave(Article 123 of the Labor Code of the Russian Federation).
Workers who took custody of children under the age of 3 months (Article 122 of the Labor Code of the Russian Federation).
Military spouses. They can go on leave at a time when the serviceman is on leave.
Disabled people and war veterans.
Chernobyl victims.
Persons who work in enterprises with harmful or dangerous working conditions.

The employer may refuse to transfer the transfer to other employees.

Dates and deadlines for rescheduling vacations - how many times per year is an employee’s vacation allowed to be rescheduled?

Let us note several important nuances regarding the dates and timing of vacation transfers.

1. Number of transfers

The Labor Code of the Russian Federation does not establish how many times per year an employee or employer can postpone vacation. Thus, it turns out that vacation can be transferred to a year repeatedly.

Example:

At the Romashka company, citizen Portnova must go on vacation from March 1 to March 28. It turned out that in the period until March 9 she was on sick leave. Having returned to work on March 10, she wrote a personal statement and asked to reschedule her vacation to another time. She did not indicate a time frame.

The accountant suggested that Portnova go on vacation from June 1 to June 28. This period suited her. She was on vacation when on June 11 her employer sent her on an urgent business trip. Portnova agreed, but wrote an application to postpone part of the remaining vacation.

2. Transfer period

Let us note one more nuance. Vacation cannot be transferred to next year. It must be used within 12 months.

For example, if an employee must go on vacation from April 2018, then he must take the rest period from April 2018 to April 2019.

3. Transfer time

Vacation can be postponed for an indefinite period - but no more than 2 years. An employee has every right to choose when he needs to go on vacation.

How to take leave at the initiative of an employee - stages of the procedure

The procedure for registering a transfer at the employee’s initiative is divided into several stages.

Let's look at how vacation is arranged:

Stage 1. Completing a personal statement

The employee must submit a written request to the secretary - or directly to the employer. The document should indicate the reason for the transfer and the timing.

It is better to discuss the transfer period in advance with your superiors, agree on it, and then include it in the application.

The appeal can be made in any form. The main thing is that the request and the reasons for the transfer are indicated.

Example:

Stage 2. Approval of the Order

Example if the entire vacation is postponed:

Example, if part of the vacation is postponed:

The order must be signed by the head of the company and the head of the department.

Stage 3. Making changes to personnel papers

A HR specialist, accountant or company manager must make changes to personnel documentation.

Innovations must be recorded in the vacation schedule in the T-7 form. The basis for the transfer must be written down - this is the Order, its number and date of signing, as well as the date of the future vacation.

The timesheet also changes.

Example of changes made:

Stage 4. Familiarization with the Order

The employer must inform the employee about the transfer against receipt.

It is better that in the Order itself, at the end, it is written that the employee has read the document and has his signature.

The procedure for familiarizing/notifying the employee with the order, responsibility for unauthorized postponement of the vacation date

As you understand, familiarization with the Transfer Order Necessarily. If there is no agreement, the transfer of vacation will become impossible - that is, the new vacation will be considered invalid, and the old period will last for the specified period.

An employee may be held liable for violation of labor discipline.

For example, for a long absence from the workplace, more than 4 hours.

There can be many reasons:

The employee went on vacation without approval.
The citizen did not return to work after sick leave and did not provide a certificate of incapacity for work.
The employee arbitrarily divided his vacation into parts and decided to postpone his rest days to another time.

The time when the employee is absent will be considered truancy. For this, a specialist can be fired, or given a reprimand or reprimand (Article 192 of the Labor Code of the Russian Federation, Article 81 of the Labor Code of the Russian Federation).

But if a citizen goes to work on vacation, he will not be paid for his work. Of course, if he has not agreed on this point with management. Typically, the employee is given notice to return to work.

What to do if the employee’s rights were violated when rescheduling vacation?

Many workers have this question. We will answer what needs to be done if the rights to transfer vacation were violated and the employer refused:

Step 1. Negotiations with management

Try to talk to your manager and find out why you can’t reschedule your vacation.

If there are real reasons, ask them to eliminate them.

Please note that the employee has the right to go on vacation according to the schedule if he is denied a transfer, and receive the due compensation.

Step 2. Receive a written refusal from management

You must receive a response in writing if you submitted your application in writing.

Step 3. Submitting a complaint to the state labor inspectorate

There is a branch in almost every city in Russia.

Find out where the labor inspectorate is located and write a written complaint. Submit it along with a copy of the refusal received from your supervisor.

Step 4. Submitting a complaint to the Prosecutor's Office

Please also attach a written refusal from your superiors to your application.

If the labor inspectorate delays with the question, you can send a complaint to the Prosecutor's Office without waiting for an answer.

Nuances of calculating and paying vacation pay when rescheduling vacation or part of it

Vacation pay is calculated based on the employee's average earnings.

When calculating and paying compensation, the following nuances are taken into account:

The employee may initially receive compensation and then go on vacation.
An employee must receive compensation 3 days before going on vacation.
The specialist can return the money voluntarily.
The refund can be recorded in the Order.
Average earnings are “taken” for the year.
If there was no earnings, then the previous period is taken into account. This may be if the employee was on maternity leave for up to 3 years.
A citizen can go to work during vacation, ask for a transfer of days worked, but will not return compensation. It's his right.

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Changes to the vacation period and transfer of their dates to another period different from the schedule are possible only with the appropriate order.

Cases where adjustments are possible are strictly regulated by labor legislation. When is an employer obliged to postpone vacation and draw up a corresponding order?

Violations related to the execution of the schedule are one of the most common and “expensive” during inspections by the State Labor Inspectorate. The employee’s right to rest is established by the Constitution and the Labor Code, therefore the inspector assesses the discrepancy between the schedule and the actual dates as a gross violation of his rights.

Situations when vacation needs to be rescheduled occur in every organization, regardless of its number. This is due to the fact that it is difficult to plan a vacation down to the day. The legislator names specific situations when the transfer is simply the responsibility of the employer. For example, untimely payment of vacation pay, lack of written notification to the employee about the start of a vacation, or his being on sick leave.

The transfer may be associated with early recall from vacation - e.

You should not neglect documenting the transfer using an order, even if it occurred on the initiative of the employee, or in the case of an agreement between two employees when their periods simply swapped places.

How to correctly draw up an order to transfer vacation days?

The “forgetfulness” of personnel officers was partly a consequence of the fact that there is no approved form for such an order. It is prepared independently, fulfilling the following requirements:

The “header” of the document, which indicates the full legal name of the organization, its details, city and date. The transfer order must be issued as early as possible, but no later than 3 days before it starts as scheduled.

An exception is the transfer of vacation days for a pregnant employee, who needs to reduce the vacation debt to “0” before going on sick leave for maternity leave.

The preamble of the order must reflect the reason for the transfer: “due to family circumstances, production needs, on the basis of.”
The administrative part contains the personal data of the employee: his last name, first name, patronymic, position and department. A new start date for vacation must be set, since postponing vacation time indefinitely is prohibited.

“To postpone the start date of the annual paid leave of the head of the cargo area, Ivan Sergeevich Sverchkov, from 11/10/2016 to 11/20/2016.”

To maintain proper document flow, it is important to include in the text an order to the HR department employee about the need to make changes to the T-7 schedule.

After signing, the order is stored in the appropriate folder of the nomenclature of the personnel department, among the administrative papers for personnel. The Archiving Law defines the storage period for such orders as five years.

There is a category of employees for whom vacation cannot be rescheduled. Regardless of their desire, requirement, production necessity or other circumstances, excluding the option of their vacation coinciding with the period of sick leave. These include minors, workers in hazardous and hazardous industries.

It is also important, when deciding on a transfer, to control the vacation limit for each employee in order to prevent a two-year break between them. Failure to provide rest to an employee for such a long period is prohibited in Article 124 of the Labor Code of the Russian Federation.

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