The reasons for postponing leave at the initiative of the employee are listed in Art. 124 of the Labor Code of the Russian Federation, and may also be provided for by the local act of the enterprise. A specific life situation that is not indicated in the acts can also cause the postponement of the vacation. Read about all this below.

Is it possible to postpone vacation at the request of the employee

Art. 124 of the Labor Code of the Russian Federation, the transfer and extension of vacation for another period is allowed, despite the existence of an approved vacation schedule.

Here it is worth clarifying: the extension of vacation in those listed in Art. 124 of the Labor Code of the Russian Federation in cases occurs automatically, it is not necessary to draw up any consent of the parties to this.

But the postponement must be agreed upon. If the employee wants to postpone the vacation, then in the cases specified by law, the employer satisfies this desire and establishes a new period of annual vacation.

Of course, when determining a new vacation period, the employee’s desire is taken into account, but the last word remains with the employer.

Is it possible to postpone the vacation at the request of the employee for a certain period?

There are several situations when an employee has the right to dictate the moment at which the vacation is transferred to the employer:

1. If a woman is pregnant, she has the right to demand the postponement of the leave in such a way that the end of the annual leave would have to start the pregnancy leave (Article 260 of the Labor Code of the Russian Federation).
2. The husband of a pregnant woman has the right to take leave during her wife's maternity leave (part 4 of article 123 of the Labor Code of the Russian Federation).
3. Parents of disabled children can determine periods of annual rest that are convenient for themselves (Article 262.1 of the Labor Code of the Russian Federation).
4. Part-time workers have the right to choose the date of vacation: they can demand that the vacation be postponed at an additional place of work so that it coincides with the vacation from their main job (Article 286 of the Labor Code of the Russian Federation).

There are no other situations when an employee wants to change the vacation schedule and has the right to choose the date himself, the Labor Code of the Russian Federation does not exist, but they are found in other legal acts as a benefit for a category of persons protected by the state (for example, clause 1, part 1, article 23 of the law " On the donation of blood and its components” dated July 20, 2012 No. 125-FZ).

“I ask you to postpone the annual paid vacation”: how the application is made

An application submitted along with documents according to the general rules of document management is the basis for carrying out certain actions.

In the case we are considering, as a result of the satisfaction of the application, the annual rest provided for in Art. 114 of the Labor Code of the Russian Federation.

So the statement says:

• addressee (head of the organization);
• Full name of the applicant;
• the reason for contacting the manager (“I ask you to reschedule the annual paid leave”);
• reason for the appeal (description of the situation);
• the date of the application and the signature of the applicant.

If the date of departure for an annual vacation is shifted due to production needs (this is possible in accordance with part 3 of article 124 of the Labor Code of the Russian Federation), then the statement contains a wording of consent to this.

The head of the organization endorses the specified application, after which an order is issued and the vacation schedule is adjusted.

Transfer of leave at the request of the employee according to the Labor Code of the Russian Federation

The transfer of leave at the request of the employee according to the Labor Code of the Russian Federation is possible in connection with:

• with his going on sick leave (clause 18 of the rules, approved by the NCT of the USSR of 04/30/1930 No. 169);
• performance by him of state or public duties (Article 170 of the Labor Code of the Russian Federation);
• failure to receive vacation pay or a warning about imminent vacation within the time limits established by the Labor Code of the Russian Federation;
• the current provision of the local act.

Although in such situations, rest is usually extended, the employer should be aware of his obligation to reschedule the holiday if the employee has expressed such a desire and provided a certificate of incapacity for work or other evidence that the holiday was not used in full.

According to part 9 of Art. 136 of the Labor Code of the Russian Federation, vacation pay is transferred (issued) no later than 3 days before the employee leaves for annual rest. And information about the vacation is communicated no later than 2 weeks before it starts. Accordingly, if these duties are not fulfilled, the manager, at the request of the subordinate, should redo the vacation schedule.

The local act may list other good reasons for postponing annual leave at the initiative of the employee.

Transfer of additional leave

Additional leave is granted for the harmfulness of working conditions, its special nature or irregular working hours, etc. It consists of 7 or more days.

Within the meaning of Art. 120 of the Labor Code of the Russian Federation, the main and additional holidays together constitute the general annual rest, therefore the procedure for its provision and transfer is similar.

The only thing that the employer should pay attention to is that the new date of the employee's departure for annual rest must be within the year during which leave is granted for the worked year. Transfer to the next year is not possible due to Part 4 of Art. 124 of the Labor Code of the Russian Federation.

It is possible to add days of canceled vacation to the days of a new one provided for the current working year.

Other examples of vacation transfer

In part 3 of Art. 124 of the Labor Code of the Russian Federation refers to production necessity - a situation where the absence of this employee can significantly affect the work of the enterprise. In this case, the employer has the right to detain the employee for a period determined by him, not to send him on an annual vacation.

What is the responsibility of the employer:

• grant leave within 12 months after the end of the working year for which the canceled leave was granted;
• not to allow the absence of the annual rest of the employee for 2 years in a row (for workers in harmful and dangerous conditions, it is obligatory to provide annual rest);
• obtain the written consent of the subordinate to transfer the vacation to the next working year, if the deadlines have shifted in this way.

New periods of annual rest are established by agreement of the parties.

NOTE! The transfer of leave due to production needs and the withdrawal from leave are 2 different legal situations. In the second case, unused vacation days are provided at any time chosen by the employee (part 2 of article 125 of the Labor Code of the Russian Federation).

Registration of the transfer of vacation

Preparation for the employee's vacation consists of:

• in the design of the vacation schedule;
• delivery and receipt of a signed notice of the upcoming departure for annual vacation;
• transfer of vacation pay;
• making an entry in the T-2 personal card, etc.

When changing the vacation period, similar actions are performed, but in a different sequence.

First of all, an application for the transfer (or consent to it) of the vacation must be drawn up.

After issuing the order, the personnel officer changes (corrects) the information in the vacation schedule and the employee's personal card.

If the vacation is postponed due to the illness of the employee, the accountant recalculates the vacation pay, since the actually sick employee used fewer days than the employer paid him (letter of the Ministry of Labor of September 20, 2016 No. 14-2 / ​​V-899).

Labor legislation allows the transfer of leave at the initiative of the employee in some cases, within the time period agreed with the employer. The employee has the right to choose a new date in several situations, separately specified in the law. The employer, postponing the vacation to the next working year, must obtain the written consent of the employee.

It is possible to transfer 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 taken place in the Labor Code of the Russian Federation, when and to whom it is possible to postpone a vacation, and also determine what documentation to confirm the transfer, and how to draw it up correctly.

All the reasons for postponing the vacation at the initiative of the employee or management - who will not be transferred the vacation?

In accordance with Article 124 of the TCRF, the following grounds are provided for the postponement of the vacation period:

1. Having a disability certificate . His employee can issue 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.
2. An urgent call to work and an unfavorable operating condition 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 audit is expected. In such circumstances, the employee may require the employer to postpone part of the vacation time.
3. 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 documented in order to reschedule the vacation or part of it for another time.
4. Failure to comply with notice periods. 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 may ask to reschedule the vacation.
5. Fulfillment of public duties. Civil servants who are on vacation and workers during it can transfer the rest time to another period.
6. Violation of the procedure for payment of compensation . If the employee did not receive compensation for the due leave on time, he can arrange its transfer and refuse compensation.
7. Other circumstances that may cause irreparable harm to the enterprise . An employee may be called to work, but - with his consent.

The employee always has the right to refuse to transfer or urgently go to work, unless there are good reasons for this.

What kind of vacation is allowed?

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

Consider what kind of vacation can be transferred:

1. Annual. It can be primary or secondary. Anyone can be transferred.
2. Training.
3. Decree.
4. For child care.

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

Let's list who gets into the list of lucky exceptions:

1. Persons working part-time. Only if the leave at the main job coincides in time with the leave for part-time work (Article 286 of the Labor Code of the Russian Federation).
2. Minors. You can not only reschedule, but also extend your vacation by 31 days.
3. Women going on maternity leave or parental leave.
4. Men whose spouses are on maternity leave (Article 123 of the Labor Code of the Russian Federation).
5. Employees who have taken custody of children under the age of 3 months (Article 122 of the Labor Code of the Russian Federation).
6. Military spouses. They can go on vacation at the time when the vacation of a serviceman is provided.
7. Disabled and war veterans.
8. Chernobyl.
9. Persons who work in enterprises with harmful or dangerous working conditions .

For other employees, the employer may refuse to transfer.

Dates and terms for transferring vacation - how many times per year is it allowed to transfer an employee's vacation?

We note several important nuances regarding the dates and timing of the transfer of vacation.

1. Number of transfers

The Labor Code of the Russian Federation does not establish how many times a year an employee or employer can postpone vacation. Thus, it turns out that you can transfer vacation several times .

Example:

In 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 postpone the vacation to another time. She did not give a time frame.

The accountant suggested that Portnova go on vacation from June 1 to June 28. This time suits 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's note one more nuance. Vacation cannot be carried over to the next year . It must be used within 12 months.

For example, if an employee must go on vacation from April 2018, then he must definitely take vacation time from April 2018 to April 2019.

3. Transfer time

Vacation can be postponed for an indefinite period - but not more than 2 years. The employee has the full right to choose the time when he needs to go on vacation.

How leave is issued at the initiative of the employee - stages of the procedure

The procedure for processing the transfer at the initiative of the employee is divided into several stages.

Consider how a vacation is made out:

Stage 1. Making 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, the timing.

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

The appeal can be made in any form . The main thing is to indicate the request and the reasons for the transfer.

Example:

Stage 2. Approval of the Order

Example, if the entire vacation is transferred:

Example, if part of the vacation is transferred:

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

Stage 3. Making changes to personnel papers

An 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 is mandatory - this is the Order, its number and date of signing, as well as the date of the future vacation.

The time sheet is also being changed.

Example of changes made:

Stage 4. Familiarization with the Order

The employer must familiarize the employee with the transfer against receipt .

It is better that in the Order itself, at the end, it was written that the employee had read the document and had 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 is mandatory . If there is no agreement, the transfer of the vacation will become impossible - that is, the new vacation will be considered invalid, and the old period will last for the established 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:

1. An employee went on vacation without permission.
2. The citizen did not go to work after the sick leave and did not provide a certificate of incapacity for work.
3. The employee arbitrarily divided the vacation into parts and decided to postpone the rest days to another time.

The time when the employee will be absent will be considered absenteeism . For him, a specialist can be fired, or a remark or reprimand can be issued (Article 192 of the Labor Code of the Russian Federation, Article 81 of the Labor Code of the Russian Federation).

But if a citizen went to work on vacation, then he will not be paid for his work. Of course, if he did not coordinate the moment with the leadership . Usually, the employee is sent a notice to go to work.

What should I do if I violated the rights of an employee when postponing a vacation?

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

Step 1. Negotiations with superiors

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

If there are real reasons, ask to eliminate them.

Note that the employee has the right to go on vacation according to the schedule if he was refused a transfer and receive the due compensation.

Step 2: Obtaining a written waiver from management

You must respond in writing if you submitted your application in writing.

Step 3. Sending a complaint to the state labor inspectorate

There is a branch in almost every city in Russia.

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

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

Also, attach a written waiver from the authorities to the application.

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

The nuances of calculating and paying vacation pay when transferring a vacation or part of it

Vacation pay is calculated based on the average salary of the employee.

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

1. Initially, the employee may receive compensation, and then go on vacation.
2. The employee must receive compensation 3 days before going on vacation.
3. The specialist can return the money voluntarily.
4. Refunds can be recorded in the Order.
5. The average earnings are "taken" for the year.
6. If there was no earnings, then the previous period is taken into account. This may be if the employee was on parental leave for up to 3 years.
7. A citizen can go to work during vacation, ask for the transfer of days worked, but will not return compensation. This is his right.

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Last modified: June 2019

The rights of an employee, regardless of the form of ownership of a company or organization, in terms of providing him with annual paid leave (hereinafter referred to as AEO), are guaranteed by the Constitution of the Russian Federation and the Labor Code of the Russian Federation. Such a right, in addition to legislative acts, is fixed directly at the enterprise - by order of the manager, director, Collective Agreement, and also in accordance with the "Personnel Vacation Schedule". However, in some cases, the employer has the right to initiate the postponement of leave due to production needs.

Legislative rationale

In determining the reasons for such a transfer, the Labor Code of the Russian Federation provides for three main factors:

• transfer of the EOO at the initiative of the employee;
• changing the schedule by decision of the management of the company, institution, due to the need that has arisen, is associated with production activities, business trips or emergency situations that require the mandatory return of staff from vacation.
• transfer of the EOO due to circumstances that have arisen, which are classified as force majeure. These are natural disasters, social unrest, ie. factors that cannot be predicted, let alone prevented, by the company or its employees.

In each of the above cases, a change in the SEO schedule can be strictly regulated (in terms of non-contradictory TC) by the company's charter, collective agreement, job description , management order. In any case, the transfer of the EOO, including the need for production, can only be carried out upon reaching a compromise, agreement between the employee and his employer.

Reasons for postponing vacation in special cases

In addition to purely personal reasons, according to which the term for granting an EOO can be changed (Labor Code of the Russian Federation, Article 124), there is also a whole set of objective conditions under which an employee can change his guaranteed vacation.

Such reasons include:

1. In the event of an employee’s illness and receiving benefits on a temporary disability certificate (sick leave) during the period of the main EOO, such a main vacation period may be rescheduled for another date.
2. Another reason why the period of the main EOO can be changed is the performance by the employee, as a citizen, of any public or state duties that coincided in time with the period of the EOO. This may be, for example, a call for military training, those who are registered as liable for military service. This also includes the participation of an employee in an election commission, in a jury trial, etc.
3. If an employee is a student of a faculty in part-time studies at colleges or universities, then he has the right to join the main EOO to legally guaranteed study leave for the period of the session and passing state exams (thesis defense).

As you can see, there are several options for how the EOO period can change, for reasons that can, under certain conditions, be attributed to production needs. This does not in the least detract from the right of the employer to optimize such terms in the interests of the company.

Transferring the employee's main vacation at the initiative of the employer

In order to transfer the employee's sole proprietorship due to production needs, the employer must not only, in his opinion, have good reasons, but also comply with a number of conditions that are stipulated in the Labor Code of the Russian Federation, in Art. 124.

These conditions are:

• The employee is an adult - i.e. aged 18 years and over.
• The workplace of an employee or the entire enterprise falls under the definition of production with harmful or dangerous working conditions. This is fixed by branch orders and orders of the Ministry of Health and Social Development. This also includes areas that are equated to regions of the Far North and territories with difficult climatic conditions.
• The transfer of a sole proprietorship at the initiative of the employer can only be carried out if there is the consent of the employee.
• The transferred EGS must be used no later than the following year.

In addition to these main reasons and motives for which the schedule of the AEO of employees can be changed, this also takes place when:

• the lack of funds for the company, enterprise to pay vacation benefits, i.e. due to lack of holiday funds, the EOO may be rescheduled.
• the employee has the right to change the terms of the EOO, if his employer informed him of this in less than 2 weeks, which is directly regulated by the Labor Code of the Russian Federation (p. 124).

In both cases, the management is responsible for such a transfer of the EOO due to the fault of the company.

How is the transfer of vacation due to production needs

In order for the employee's vacation to be postponed for another period, or it was changed, or even withdrawn from the EOO, except for one desire and consent of the parties, the following formal actions must be performed.

The management of the company, or the personnel department, prepares an order to change the vacation schedule, which is approved annually. This order is signed by the head, entered in the appropriate register or book of orders, brought to the attention of each employee personally against signature on familiarization.

Company order

If an employee is recalled from leave, then formal notice in writing must be brought to him. Those. a simple phone call is not enough for this. A written notice must be prepared and given to the employee being recalled from the EEO.

Written Notice

If a production need arose, then the employee’s application for the transfer of his SWL, as a rule, is not required. Everything is decided by a unilateral order of the management of the organization and the consent of the employee is not necessary.

However, there are cases when an employee may ask to change the vacation period or add the unused part (calendar days) to another vacation period for the next year. The application is written in the name of the director of the company or organization.

Employee Statement

In addition to these three important points that accompany the formal side of the transfer of the SWU for production reasons, there are two more issues that you need to be aware of.

The first moment is the term or date of the postponement of the vacation. Nowhere does it indicate what the date of appointment should be. Usually the employee chooses the best option for him. Again, everything is decided when discussing such issues with the employer.

The second point is related to the payment of vacation pay. For example, an employee, going on vacation, received a cash benefit in full for the entire period of the EEO. In the event that the employer called the employee from vacation, i.e. he actually didn’t finish it, then should he return the amount that is associated with the unused days of the EOO? In this regard, the law clearly states that vacation money is not a refundable cash benefit, and in case of unused vacation (or part of it), it is not returned by the employee.

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There can be many reasons for postponing a vacation at the initiative of an employee, most often one of the main ones is the inconvenience of the time offered by the employer for rest .

This may be the allotted time for the next vacation, for example, in winter, which for the most part is not suitable for everyone and causes a number of dissatisfaction about this. This usually happens when the employer does not take into account the opinion of the staff when drawing up the schedule for the next year.

What other reasons might an employee wish to reschedule their annual paid leave?

family circumstances as a basis , a wide range of reasons can fall into this concept.

For example, the desire to go on vacation with a spouse, marriage registration, the birth of a child, the death of a loved one. In the latter cases, the employee has the right to leave without pay for up to 5 days, however, on his own initiative, he can also ask for the postponement of the leave.

Another reason is a sick leave issued before or during vacation , in this case, you can contact the employer with a request for rest time that coincided with the rest period. On the features of filling out an application when transferring rest due to sick leave.

A frequent reason is the child’s illness before vacation , this item is more relevant for women, because according to statistics, it is they who are most often on sick leave with a minor.

According to the labor code, a disability certificate issued for a child is paid in the same manner as for the employee himself.

Therefore, if the child falls ill before the vacation, the employee may wish to postpone his vacation to a later date and calmly go on sick leave with a minor. In this case, the vacation time will be preserved and the disability certificate will be paid.

unwillingness to rest can act as a reason for transferring at the request of an employee .

Not always one desire of the employee is enough to postpone the vacation. In most cases, the issue is resolved by agreement with the head .

All of the above reasons are not a strict obligation for the employer to reschedule the next paid vacation.

At the same time, the Labor Code of the Russian Federation provides for some cases when the manager is still obliged to satisfy the request of the employee. They are mainly related to violations of labor law by the employer himself.

Examples of good reasons

The degree of "validity" of the reason is not listed in any regulatory legal act.

Important! The determination of the degree of "respect" is completely at the mercy of the parties (and in this case, the employer) or, in the event of a dispute, to the court.

There are several reasons why it is possible to carry out the transfer of vacation to any convenient time at the initiative of the employee in full by law.

When the manager does not have the right to refuse to transfer :

1. Execution by an employee during vacation of state duties assigned to him , if their performance affects working hours (example: work in court as a juror)
2. Non-payment in a timely manner of "holiday" to the employee for the upcoming paid vacation.
3. Warning about the scheduled leave later than 2 weeks before its start (the employer must warn the employee with the help).
4. The desire of a pregnant woman to receive leave before the start of the maternity leave.
5. The intention of the employee to leave to rest immediately after the decree .

This is about legislation.

If we look at this issue from a moral and ethical point of view, then according to the unspoken rules, a number of important reasons can also be identified among employers.

Management, at their discretion, have the right to recognize as respectful .

1. The most important valid reason is the death of a close relative , for this reason, refusals are not found from more than one employer.
2. A severe illness of a child can also be a reason to postpone the vacation for a shorter period, so that it would be more convenient for the mother to care for her sick child.
3. Medical need for a vacation, for example, an upcoming spa treatment or an operation and a rehabilitation period after it .
4. Leave to care for a sick close relative , or for those who are undergoing rehabilitation.
5. A trip planned for certain dates .

For these reasons, there is a 90 percent chance that an employee will not be rejected by an employer. As a rule, in this case, the reason "family circumstances" is indicated.

If there is no good reason, but you still need to postpone the annual leave, you can try to write the true reason for the need to transfer. Often, the employer tries to meet his employees, perhaps the indicated reason, at the discretion of the director, will also be on the list of valid ones.

In all other cases, the employer has the right to refuse the request. If rest time is necessary, you can try to take it by writing.

How to file for family reasons?

Any transfer procedure at the request of the employee is drawn up as follows:

• an employee writes a statement ;
• the director makes a decision regarding the possibility of changing vacation dates;
• transfer order is issued

To apply for the postponement of family leave, it will be enough to write a statement addressed to the director of your organization in which you ask to transfer paid leave from the previously appointed date to a new one that is more convenient for you, and state the reasons why you ask to do this.

In almost any organization, a situation may arise when you have to postpone an employee's vacation. It is possible both at the initiative of the employee (he has the right to apply with a corresponding written request to the employer), and at the initiative of the employer (for example, when the provision of leave at the time set by the schedule may adversely affect the progress of work in the company). However, not all employers arrange such a transfer of an employee's vacation. Or they take a statement from the employee and do not make adjustments to any documents. Today we will tell you for what reasons you can postpone an employee’s vacation, and we will describe the procedure for the employer.

Grounds for postponing vacation

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings. At the same time, the duration of the annual basic paid leave cannot be less than 28 calendar days.

In addition to the main paid leave, employees are entitled to various additional leaves for the nature of work, working conditions or for other reasons (for harmful working conditions, irregular working hours, etc.). The duration of the annual basic and additional paid holidays of employees is calculated in calendar days x and is not limited by the maximum limit (Article 120 of the Labor Code of the Russian Federation).

In accordance with Art. 122 of the Labor Code of the Russian Federation, paid leave must be provided to the employee annually. At the same time, leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer. By virtue of Art. 123 of the Labor Code of the Russian Federation, such a priority is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year.

Note. The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation. If the employer has not fulfilled this obligation and has not warned in a timely manner about the start time of the vacation, at the written request of the employee, he is obliged to postpone the annual paid vacation for another period agreed with the employee (part 2 of article 124 of the Labor Code of the Russian Federation).

Similarly, the employer must act in the event that the employee was not paid annual leave in a timely manner. We recall that, by virtue of Art. 136 of the Labor Code of the Russian Federation, vacation is paid no later than three days before it starts.

Pay attention to one nuance: the vacation is postponed only if the employee receives a corresponding written application, that is, you do not need to contact the employee yourself with information about the postponement of the vacation for the reasons mentioned.

But if during the vacation the employee fell ill (and he has a certificate of temporary disability), performed state duties, if the labor legislation provides for exemption from work (public duties include, in particular, participation in a court session as a juror, witness , an expert, an interpreter, sending to military training, summoning for interrogation to bodies of inquiry or investigation, to the prosecutor's office as a witness, victim, their legal representative or witness), leave is automatically extended. To transfer the remaining vacation days to another period, the employee must receive a corresponding application (part 1 of article 124 of the Labor Code of the Russian Federation).

Here is an example of such a statement from an employee.

Director of LLC "Flowers"

P. O. Gorshkov

Statement.

I was granted annual paid leave from February 10 to February 28, 2014, however, for 4 (four) days of this vacation (from February 18 to February 21, 2014) I was sick, which is confirmed by a certificate of temporary disability issued by the City Polyclinic N 37.

In view of the foregoing, pursuant to par. 2 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to transfer 4 (four) days of vacation to another period, namely from June 16 to June 19, 2014.

Application: certificate of temporary disability dated 18.02.2014.

03/03/2014, Sharkov

It will also be necessary to postpone the vacation when appropriate grounds are established for this in local or other regulatory acts. So, if the internal labor regulations provide for the illness of a family member as a basis for extending or postponing the annual paid leave, the employer, when the employee submits a disability certificate to care for, for example, a child, must postpone or extend his leave (Letter of Rostrud dated 06/01/2012 N PG /4629-6-1).

Note! In exceptional cases, when granting leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur , it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, leave must be used no later than 12 months after the end of the working year for which it is granted.

In any case, failure to grant annual paid leave for two consecutive years is prohibited.

As mentioned in the preamble, the grounds for postponing the vacation may arise not only from the employer: the employee may ask for this in the application (for example, for family reasons).

Director of LLC "Flowers"

P. O. Gorshkov

From correspondent L. N. Sharkov

Statement.

In accordance with the vacation schedule for 2014, annual paid leave must be granted to me from March 17 for 28 calendar days.

Based on par. 4 hours 1 tbsp. 124 of the Labor Code of the Russian Federation, I ask you to change the start date of the vacation and provide it from April 28 for 28 calendar days.

03/03/2014, Sharkov

We draw up documents for the transfer of vacation

So, as soon as one of the circumstances mentioned above appears, documented (an employee’s statement about the postponement of vacation, a certificate of incapacity for work, a notification from the employer about the postponement of vacation, certificates, etc.), an order is issued in free form. Let's take an example.

Limited Liability Company "Flowers"

G. Saransk

March 6, 2014

Order

on the postponement of annual paid leave

Due to the fact that during the annual paid leave (from February 10, 2014 to February 28, 2014), correspondent Leonid Nikolayevich Sharkov was temporarily disabled for four calendar days (from February 18, 2014 to February 21, 2014) (temporary disability certificate dated February 18, 2014). 2014, series BB N 12345678), guided by Article 124 of the Labor Code and based on the application of L. N. Sharkov dated 03.03.2014

I order:

1. Postpone four calendar days of L. N. Sharkov's vacation for the period from June 16 to June 19, 2014.

2. Accountants to recalculate vacation pay.

3. The head of the personnel department to make changes to the vacation schedule.

Director

Gorshkov

P. O. Gorshkov

Acquainted with the order:

Sharkov, 03/06/2014

If an order has already been issued to grant the employee leave, it must be canceled.

The order to postpone the vacation must be registered in the manner prescribed by the employer, for example, in the register of orders (orders).

It is necessary to familiarize the employee with the order to postpone the vacation against signature, and if he refuses, draw up an appropriate act. Additionally, on the order itself, you can make an inscription about the refusal to familiarize yourself with the order. Of course, drawing up an act and an inscription on the order are not provided for by law in such cases, but we still recommend doing this to confirm the refusal in the event of a dispute (for example, about the date of postponement of the vacation).

Now you need to make changes to the vacation schedule, time sheet and, possibly, to a personal card. The last document is amended if the record of granting annual leave has already been made in it and the dates of the leave are changed due to the postponement. To correct the vacation record, in sec. VIII "Vacation" after the record of the vacation that is postponed, you should indicate how many vacation days are used, as well as that the rest of the vacation is transferred. As a basis for making such an entry, it is necessary to reflect the details of the order to postpone the vacation.

Regarding changes to the vacation schedule (unified form T-7), let's say the following. Some personnel officers issue a separate order to amend the vacation schedule, but we believe that this is not necessary. Especially for fixing the postponement of vacation, the schedule provides columns 8 “Basis (document)” and 9 “Date of the proposed vacation”: they indicate the details of the order to postpone the vacation and the new rest period agreed with the employee.

Column 10 "Note" of the vacation schedule can also be filled in by a personnel worker when postponing a vacation. For example, you can enter the reasons for the transfer of the employee’s vacation into it (for example, “The vacation was postponed due to the delay in paying vacation pay”). However, since the vacation schedule is almost always checked by the GIT inspectors when carrying out control and supervisory activities, personnel officers independently determine whether to fill out column 10 or not.

Summarize

In conclusion, let us briefly talk about the sequence of actions of a personnel worker when registering the transfer of leave to an employee. So, if there are reasons for the postponement of vacation both on the part of the employer (late payment of vacation, failure to notify the employee about the vacation at least two weeks in advance, etc.), and on the part of the employee (temporary disability, family circumstances, etc.) and their documentary confirmation an order to postpone the vacation is issued. Based on such an order, the vacation schedule, personal card and time sheet are adjusted.