Wedding leave according to the labor code: paid or not

Registration of marriage is an important and responsible matter in the life of every person. By law, working citizens are currently granted leave for a wedding. The main provisions regulating the provision of wedding leave are contained in the Labor Code of the Russian Federation. Additional guarantees may be written down in collective labor agreements or local regulations of the employer. Let's take a closer look at what the legislation says regarding leave in connection with a wedding.

How much is the legal leave before the wedding?

In the Labor Code of the Russian Federation there is Article 128 , according to which the head of the organization is obliged to provide the worker with days off. Wages are not retained in this case.

The duration of wedding leave, according to the Labor Code of the Russian Federation, is up to 5 calendar days.

 The same duration of rest is maintained when a child appears in the family and in connection with the death of close relatives.

It is important to remember: a five-day vacation is provided without taking into account other vacations and the employee’s work experience.

To receive legitimate leave in connection with a wedding, an employee must submit a written application to the employer, drawn up in any form. The employee has the right to submit the corresponding document both a couple of weeks before the celebration and immediately before the event itself.

Vacation to prepare for the celebration

A wedding requires careful and lengthy preparation. And this event is difficult to combine with the work schedule. In this regard, many employees are interested in the number of days they have the right to use before the wedding. There is no clear regulation in this regard in the legislation.

The legal five-day vacation can be used at your discretion. Firstly, you can use all five days of vacation or use only part of them. You can take any number of days to prepare for your wedding.

A mandatory condition is not to exceed the 5-day period and the day of marriage registration should be taken into account.

It is important to remember: this number of days for rest is provided once a year. If the entire amount has been sold in a short period, the employee does not have the right to take additional time off.

Is leave required by law after marriage?

Leave after the wedding is legally given for 5 days. How the employee will manage this amount is not important to the employer. A prerequisite is that the total number does not exceed 5 days.

Currently, in practice, it is prescribed in the collective agreement to provide three days for the wedding , which are paid for by the employer.

If the employer does not give the time off required by law or does not give it in full, the employee’s action algorithm should be as follows:

• submit a written application requesting leave on the occasion of a wedding;
• provide a certificate from the registry office confirming the upcoming special event;
• receive a refusal from the employer within 3 days;
• file a complaint with the labor inspectorate or the court.

Read the Law “On the use of cash register equipment”

The employee's rights will be recognized as infringed and the employer will suffer a well-deserved punishment.

Download the Labor Code of the Russian Federation

As discussed above, Article 128 of the Labor Code considers the issue of providing five-day leave for a wedding, including in connection with the birth of a child or the funeral of a close relative.

To better familiarize yourself with the current provisions of the law, you should familiarize yourself with its current content. You can download the Labor Code of the Russian Federation from the link .

Registration of leave for a wedding begins with the preparation of a written application:

• indicate the position and full name of the employer and relevant information about the employee in the upper right corner;
• in the bottom center the name of the documentary act with a capital letter - “Application”;
• description of the situation - please provide the weekend, with the obligatory indication of the reason (regarding the wedding), period and date;
• Finally, at the very end of the document, the date of compilation of the document and the signature of the worker are indicated.

There is no fixed deadline for applying for wedding leave. An employee has the right to submit a corresponding application at any time before the special event.

However, it is better to inform the employer in advance.

To make the application more convincing, you can attach a certificate from the registry office, which is proof that the vacation is actually taken for the wedding.

Drawing up an order to grant time off at your own expense takes 3 days. To carry out this procedure, the T-6 form is used. The required information is also indicated in the time sheet - T-12 or T-13.

Download the application form for leave due to marriage 

If you have questions, consult a lawyer

You can ask your question in the form below, in the online consultant window on the right, at the bottom of the screen, or by calling the numbers (24 hours a day, 7 days a week):

Source: https://210fz.ru/dlitelnost-svadebnogo-otpuska/

Is leave required upon marriage?

Marriage is an important event in the life of any person. The legislator obliges the employer to provide the employee with leave in connection with this special event. However, only the newlyweds themselves, and not their parents or guests, will be able to receive days off.

Obligations to provide leave are specified in Art. 128 Labor Code of the Russian Federation. It should be immediately noted that these days of rest are not paid. The exception is when the employer himself decides to maintain the average salary for the employee for a given period.

What is required by the Labor Code

So, leave without pay is granted to an employee if there are good reasons. The legislator did not list all possible circumstances, but provided the employer with the opportunity to resolve this issue.

However, the Labor Code of the Russian Federation identifies certain reasons, upon the occurrence of which an employee has the right to receive days of rest. And the employer, in turn, cannot refuse him. Their list is contained in Art. 128 Labor Code of the Russian Federation.

• Labor Code of the Russian Federation
• Among others, the legislator identified marriage as a valid reason for granting unpaid leave.
• The norm in question determines that the employee has the right to write an application for such additional leave at his own expense.
• The employer must sign this application and release the employee from performing labor functions within up to 5 calendar days.

Do they give

Can an employee be refused? They can. But this will be considered a violation of labor laws.

In this situation, the Labor Code of the Russian Federation clearly states that the employee has the right to leave. If a person is refused, his rights are violated.

Consequently, an employee can appeal such actions to the labor inspectorate or other regulatory authorities.

How many days

The legislator determined the maximum vacation period - 5 calendar days. In practice, this period may be longer.

This will already be determined by agreement between the parties.

If an employee requests a vacation of 5 days, the employer cannot refuse him by providing only 2 or 3 days of rest.

Vacation for a wedding according to the Labor Code of the Russian Federation

Preparation for this event takes a lot of time, and after registration, the newlyweds are in no hurry to quickly begin their work functions. So when can you take a vacation - before or after the wedding?

Questions also arise regarding the procedure for correctly completing the application. On the basis of what documents can one confirm the existence of a valid reason for going on vacation?

When can you take it - before or after the event?

The legislator does not determine when you can take a vacation. Is it possible to take rest days before the wedding? Or only after marriage?

In fact, the resolution of these issues remains at the discretion of the employee and the employer.

Moreover, in judicial practice there are cases when an employee applied for leave a month after registration.

Documentation

Leave is granted to an employee in connection with a specific event. This means that the employer may require proof that the reason is valid.

Before marriage, an employee cannot submit written evidence. After registration, he provides a certificate, which serves as written confirmation of the legality of his vacation.

Which ones are needed?

The fact of marriage is marked by two documents - a certificate, as well as a stamp in the passport. Any of them can be used to confirm the registration of an official family union.

How to write an application?

1. The law does not approve any single sample application for leave on the occasion of marriage registration.
2. A similar form can be approved by the enterprise.
3. Here is an example of what a statement might look like:

The application must provide the following information:

• document's name;
• information about the manager who will review it;
• date of compilation;
• request for leave;
• an indication of the reason for its provision;
• number of days of rest;
• vacation start date;
• signature.

The application form can be downloaded here:

Sample application for leave due to a wedding

How it is reflected in the accounting sheet and vacation schedule

Based on the application, an order is issued to grant leave to a specific employee. You can use the forms used at the enterprise, or take the unified T-6 form as a basis.

• Form T-6:
• Order-on-granting-vacation-T-6
• Then it is this document that acts as the basis for making marks in the accounting sheet.
• This type of leave is noted in it as follows:

• code “BS” - indicated if the employee received up to 5 days of rest in accordance with the Labor Code of the Russian Federation;
• code “BEFORE” - indicated if the employee was granted additional vacation days (over 5).

This is possible when such benefits are approved in a local act, for example, a collective agreement.

Such leave is not reflected in the vacation schedule.

Financial side of the issue

We have determined the procedure for registering this leave, the grounds for granting it, etc. Now let's talk about the financial side.

For example, is this period paid or not? As we said, the employee receives unpaid leave.

But is it always like this? No, the fee will be charged, but only if additional days of rest (over 5) are provided in accordance with the local act.

Paid or administrative

So, vacation can be paid or unpaid.

In this case, the basis and duration play a role.

If leave is granted under the Labor Code of the Russian Federation and its duration does not exceed 5 days, then it is not paid. When a vacation is prescribed under a collective agreement or other local act and lasts more than 5 days, it is paid.

In what cases can payment be provided?

Leave will be paid under the following circumstances:

• provided on the basis of a local company document;
• duration more than 5 days (unless otherwise provided by local regulations).

That is, the decision to pay for vacation is within the competence of the company. It is the employer who has the right, but not the obligation, to extend and pay for the leave of his employees.

How to calculate compensation?

Payment is made, as in the case of other vacations, at the average salary. The billing period is 12 months.

The income received by the employee is summed up and then divided by the number of days worked.

Some periods are excluded from the time of actual work activity, including when the employee was incapacitated.

Is financial assistance also available?

Financial assistance is not provided for in the Labor Code of the Russian Federation. The decision to provide it also remains at the discretion of the employer.

Obligations to issue it may be fixed in a collective agreement or other local acts.

Some nuances

Let's consider some important nuances of granting leave in connection with marriage registration. Despite the seemingly simple rules set down by the employer, they may raise questions.

Is it possible to take close relatives (child, brother) and friends to the wedding?

In accordance with Article 128 of the Labor Code of the Russian Federation, only the newlyweds themselves can receive leave. Is it available to other participants in the celebration?

Relatives and friends can also submit similar applications, but the decision on whether to provide time off remains at the discretion of the manager.

Otherwise may be provided for in a collective agreement or other local document.

Are there additional benefits for the Ministry of Internal Affairs (police) and military personnel?

Additional benefits are not provided to employees of the Ministry of Internal Affairs and military personnel. They can claim the same preferences as other citizens of the Russian Federation.

Is it possible to take it during a probationary period?

You can also take leave for a wedding during the probationary period. The employer has no right to refuse this vacation. However, the probationary period itself will be extended during the vacation period.

That is, if you were given 5 days of rest, then the test will increase by the same amount.

Will it affect annual paid leave?

Marriage leave is targeted and is granted in connection with a special event. It does not affect other types of leave, including annual paid leave.

The employee is entitled to rest in accordance with the general procedure. The wedding leave will not affect its duration or when it is granted.

This type of vacation does not deprive him of the right to vacation at his own expense for other valid reasons defined in the Labor Code of the Russian Federation.

What to do if you get sick these days

Unlike regular vacation, this type of vacation is not extended if the employee gets sick. In addition, days of incapacity for work are not paid.

The benefit begins to accrue from the day the employee was supposed to begin work.

Also, leave due to a wedding is not extended if it falls on a non-working holiday.

What to do if the event had to be canceled, but the vacation has already been booked

If registration has been cancelled, the employee still cannot be recalled from vacation if the corresponding order has already been issued.

The Labor Code of the Russian Federation does not define such grounds for early termination of rest.

What to do if your employer refuses you

If the employer does not provide leave, then you should contact the regulatory authorities - the labor inspectorate, the prosecutor's office or the court. They will help in protecting violated labor rights.

The corresponding must be submitted in writing. Be sure to keep evidence that you contacted your employer to request leave.

Attention!

• Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
• All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

Leave due to marriage (for a wedding)

Entering into legal marital relations, accompanied by a wedding, is a significant event in the life of every person. In connection with this event, working citizens getting married need to take leave for the wedding in order to properly prepare and spend this family holiday.

In this article, we will consider what regulatory documents an employer should follow when allocating days off to an employee for a wedding, whether he is entitled to any payments for these days, and what is the procedure for registering a short-term wedding leave.

Legislative norms for granting leave in connection with a wedding

Many people believe that the employer gives permission to take time off from work in connection with a wedding, guided by his own good will. In reality, this is a misconception. It would be more correct to call such additional days off as additional short-term vacation. Therefore, for it, as for any other leave, the rules defined by law and the conditions for its provision are applicable.

An employee's rights to receive leave for a wedding are clearly defined in the legislation. According to them, the employer has obligations towards employees if they need additional vacation days for weddings.

The legislative basis for regulating the work and rest of working citizens is set out both in federal laws and in legal regulations within each enterprise or organization.

Provisions of the Labor Code of the Russian Federation

The main document regulating labor relations is the Labor Code of the Russian Federation. The obligation to provide vacation days according to the labor code, among many reasons, including wedding celebrations, is enshrined in Article 128 of the Labor Code of the Russian Federation. It states that the employer is obliged to provide the employee with leave for a wedding of no more than 5 unpaid days. Leave permission is issued based on the employee’s application submitted to the employer. Permission to leave does not depend on his length of service at this enterprise.

The only caveat is that if wedding days are taken during the probationary period, then the probationary period will be extended by the number of days of the short-term vacation taken. Such days off should not affect the duration of the main legal leave. That is, leave taken by an employee for a wedding cannot in any way affect the provision of legal regular leave.

Based on Article 121 of the Labor Code of the Russian Federation, any such leave, granted for various reasons, for a period of 14 days, must be taken into account in the length of service for the provision of basic leave.

“Leave without pay” (more) “Calculation of length of service giving the right to annual paid leave” (more)

Internal documents of the enterprise

The Labor Code of the Russian Federation limits the duration and conditions for granting leave for a wedding. But each enterprise or organization has its own regulations, according to which days off for weddings are provided on more favorable terms for employees.

Such documents include:

• Collective agreement between the employer and all working employees;
• Regulations on the procedure for remuneration;
• An individual agreement between an employee and an employer when applying for a job.

The Collective Agreement may contain a clause on the provision of an additional vacation period, including with its payment, for a number of reasons, which may reflect the following reasons:

• registration of your own marriage;
• marriage of close relatives, for example children;
• father at the birth of his own child.

Moreover, when registering your own marriage, a longer leave may be granted compared to the time established by the Labor Code of the Russian Federation, for example, for a period of 7 or more days. The company's regulations on remuneration may include a provision for the provision of paid wedding leave.

Leave for family reasons, including weddings, may also be based on industry regulations, if the enterprise belongs to a certain industry, as well as regulations issued by local authorities.

Vacation registration procedure

The legislation indicates the number of days allotted for a wedding vacation, but does not indicate in what specific period relative to the day of registration of the relationship they should be taken. They can be used:

• before registering a marriage to prepare for the wedding;
• after its registration in order to adequately celebrate this event;
• partly before the conclusion of the alliance and partly after this procedure.

In order to timely process the receipt of wedding days off, the employee should contact the immediate managerial official at the enterprise with an application for their provision. This must be done in advance, at least a week before the day of marriage registration.

The application, approved by the signature of the manager, is transferred to the personnel service, where, on the basis of this application, an order is issued for the enterprise with a mandatory indication of the start and end date of the vacation period and a reference to the legislative basis for its provision.

In accordance with the Order, a representative of the HR department, together with the accounting department, is obliged to make a note on the workday record sheet. The entry must include the leave code and the date and duration of the leave:

• “BS” - means vacation in accordance with the Labor Code of the Russian Federation (no more than 5 working days);
• “BEFORE” – corresponds to additionally allocated rest time, based on internal or other legal documents of the enterprise.

Important! In order for vacation days to have legal force and not be considered absenteeism, the employee must present to the HR department when returning to work after celebrating a wedding a copy of the marriage certificate and the original document to verify the accuracy of the information in the photocopy.

The application must be completed in compliance with standard office work requirements and contain the following information:

• in the upper right part of the sheet it is indicated to whom the application is addressed (full name of the manager and his position), and from whom it is written (full name of the employee, his position and place of work);
• then in the center of the sheet the name of the document itself “Application” is indicated;
• Below is the essence of the application for the provision of days off for the wedding with a mandatory indication of the date from which they are required and for how long;
• at the end of the document the date of writing the application is indicated, confirmed by the signature of its originator, with the obligatory decoding of the last name, first name and patronymic.

The nuances of paying for wedding weekends

According to the Labor Code of the Russian Federation, days off provided for a wedding are not paid. However, if the local documents of the enterprise provide for partial or full payment for wedding days, then the employee can count on receiving compensation. Additional wedding leave also applies to family leave.

If, for example, the collective agreement provides for its payment, then the calculation of the amount of vacation pay is carried out similarly to the determination of monetary compensation paid when providing compulsory annual leave.

Monetary compensation is determined as follows:

• The employee’s income for the year preceding the vacation is calculated. The calculation takes into account annual earnings without taking into account amounts for business trips and sick leave, as well as other social benefits;
• the number of days worked during the accounting year is specified;
• The average daily earnings are determined by dividing the total annual income by the number of days worked;
• further, daily earnings are multiplied by the number of days of vacation provided. The result obtained is the amount of compensation for wedding days.

Payment of the calculated amount must be made three days before going on vacation, unless otherwise provided in the collective agreement. For example, compensation for wedding weekends may be provided after the provision of a marriage registration certificate.

Payment of financial assistance

The employer is not required by law to pay financial assistance. However, the conditions for its payment in certain circumstances may be provided for by a collective agreement or other local regulations of the enterprise.

If such a situation exists within the enterprise, then the employee, in order to receive financial assistance, must contact his immediate management with an appropriate application for its payment, indicating the reason for providing assistance - “in connection with the wedding.”

After considering the application, the enterprise issues an order to pay the employee an amount determined in accordance with established internal standards.

Extension of wedding days

According to the Labor Code of the Russian Federation, an employee, in agreement with the employer, may be granted unpaid leave for personal reasons of any duration.

Therefore, if an employee getting married requires a longer absence from work in connection with the wedding than the five-day period established by law, and he can agree with the employer on its duration, then the wedding vacation can be extended.

The duration of vacation in agreement with management is not regulated by law; there is no exact vacation period, which is the maximum to keep your job.

The employer always proceeds from the interests of the enterprise, so an unlimited amount of vacation for an employee is not beneficial to him. Therefore, each case is individual and requires a separate solution.

An employee can, for example, be asked to extend vacation for time previously worked beyond the norm by taking time off, or agree to work after vacation when returning to work.

Question answer

If you register your marriage, the employer is obliged, based on a written application from the employee, to provide leave without pay for up to five calendar days (Article 128 of the Labor Code of the Russian Federation)

In connection with your marriage, you are entitled to leave without pay for 5 days (the maximum number of days by law). You need to write a statement to your employer indicating the reason for the leave at your own expense (in this case, “in connection with the wedding”). The employer has no right to refuse leave for this reason.

Source: https://lawinfo24.ru/trudovoe-pravo/otpusk/otpusk-na-svadbu

Wedding leave according to the Labor Code: 3 days with preservation

Vacation for a wedding: how to arrange it, how many days are required5 (100%) 1 vote

A wedding celebration is a significant event for a large number of people, which is planned and prepared in advance.

Considering that marriage is often accompanied by travel, young people try to celebrate during their next vacation. However, it is not always possible to wedge marriage registration into the schedule established at the enterprise .

Labor legislation provides for the provision of a special type of leave for a wedding.

Is it possible to take time off for a wedding?

The chance to relax at a wedding celebration is fixed in the legislation of the Russian Federation. To go on unscheduled leave, an employee only needs to submit an application to his immediate superior indicating the reason for future absence from work.

In most life situations, people take these days off for the days when registration will take place.

There are no clear regulations on how unscheduled leave should relate to the wedding date. In theory, you can go on such a vacation even some time after the wedding.

The main thing is to prove that the person did not take additional days off directly on the day of registration and after it.

No documents confirming the fact of a future marriage are required with the application for leave. However, after the fact, management may request a copy of the marriage certificate. Please note that providing supporting materials is not required.

Vacation conditions according to the Labor Code of the Russian Federation

Not all employees are aware that they have the legal opportunity to ask for an additional day of rest in the form of leave in connection with the registration of a marriage. This right is enshrined in Article 128 of the Labor Code of the Russian Federation. The basic criteria for such a holiday include:

1. The maximum period is 5 days.
2. Holidays are not sponsored by the employer.
3. You are allowed to write a vacation application at any time; you do not have to do it 2 weeks in advance.
4. Refusal to assign days off is unlawful.
5. Taking leave based on marriage registration is acceptable regardless of the length of employment in the company.

It is recommended to negotiate such leave in advance. As noted above, management cannot refuse, but in order to maintain good relations, you should not expose your superiors.

If an employee is on a probationary period, he also has the right to take leave for a wedding, but must take into account that during this period the verification of his professional suitability will be suspended. The test period is increased by the number of days that the employee used as days off.

The maximum permissible total of days off for a wedding is 5 days, but the employee has the right to take a shorter period. But the manager does not have the right to shorten the period on his own, nor does he have the right to record the employee’s absence as absenteeism.

Duration of rest

The statutory duration of leave for a wedding is up to 5 days. We point out that the employee has the right not to take these days at all, or to go on vacation for any number of days, for example, 2 or 3. The main thing is to indicate in the application for how long the days off are taken.

Leave for disabled people 30 days for care, illness

Sometimes vacations for family reasons, which include vacations in connection with a wedding, are longer. This can be installed:

• A specific company;
• Industry and specialization;
• Local authorities.

The maximum limit is not stated anywhere, but in rare cases the duration exceeds 7 days . Although individually an employee can be given 2 weeks of additional rest and even paid for.

It is not possible to issue a review from a holiday related to a wedding. An employee has the right to take all days off, regardless of production needs.

When is a vacation taken out?

Based on the Labor Code, leave is necessarily granted only for one’s own wedding, thus, the employer should not allow a close relative or friend to attend the celebration, but is authorized to do this at the request of the employee and at his own request.

Some companies provide the right to use leave without pay in connection with the marriage of a loved one; as a rule, a detailed list of persons is prescribed . In such a situation, the application makes reference to the local legal act of the enterprise. The employer will not be able to refuse to sign the petition.

More favorable conditions for assigning leave for marriage registration are recorded in the following internal documents of the company:

• Collective agreement adopted by the organization;
• Regulations on remuneration for labor activities;
• Individual agreement with the employee.

In addition to the opportunity to take a weekend off for the children’s wedding, more interesting conditions are expressed in the increased duration of the vacation and in its payment.

Not taking into account the fact that by law such vacations are not financed, no one can prohibit the employer from providing monetary compensation to the newlyweds.

This is one of the additional working conditions that is used by firms to attract employees.

Local authorities are also empowered to issue certain regulations to improve the conditions for granting wedding leave. All companies registered in the region are required to comply with the adopted regulations.

Procedure for provision

The process of granting leave due to marriage does not have any significant features. The procedure can be presented in the following sequence:

1. Formation of a petition addressed to the boss, indicating the basis and period of rest.
2. Issuance by the employer of an order to allocate days off.
3. Recording information in the work shift sheet.

Sample application for paid leave

The type of vacation in question is not reflected in the regular vacation schedule, since we are talking about vacation without pay.

Wedding holidays do not have any impact on other holidays. That is, it does not shorten the days of the next vacation and does not deprive the opportunity to use other days off without maintaining salary. Requesting days off for a wedding is allowed at any time, even if there is an urgent need at work, the manager does not have the right to issue a refusal.

Sample application:

Required documents

To designate a day off in connection with a wedding, no documents other than an application are required. It is written in the name of the immediate superior in free form. The structure of the request is usually as follows:

1. Cap – an indication from whom and in whose name the application is being prepared. Fixed in the corner on the top right.
2. The name of the material is an application for leave.

Leave due to wedding

A wedding is always a joyful event in which not only the bride and groom participate, but also their relatives and close friends. Strange as it may seem, the wedding of one of the employees will also concern the employer. In this article we will look at how to provide an employee with leave due to a wedding under the Labor Code.

Leave due to a wedding under the Labor Code

Based on the Labor Code (128 Labor Code of the Russian Federation), employees must be granted leave in connection with marriage. The duration of such leave is 5 calendar days; the employee is not paid a salary for these days.

That is, the employee has the right to take advantage of the rest required by labor legislation at his own expense, but for no more than 5 days. To complete it, the employee must write an application. The deadline for filing an application is not established by law. The employee can bring it in advance, or maybe on the eve of the wedding.

Even if the employee’s vacation is not approved, his absence cannot be counted as absenteeism. In addition, it is also prohibited to limit an employee in the number of days of rest.

How many days of vacation should an employee be given?

The employer is obliged to provide vacation within 5 days, and the employee can independently decide how many days to take, 3 or all 5.

By decision of the manager, the employee may be granted leave of longer duration, for example, 10 days.

In addition, the employer in internal regulations may provide for days of paid leave in connection with such an event or, for example, payment of financial assistance for a wedding.

An application from the employee is mandatory, since on its basis a leave order is drawn up. In this case, the employee must indicate the reason for the leave in the application.

Important! If the employee indicates in the application that he is asking for leave in connection with marriage, the employer does not have the right to refuse. If the application simply states that leave is provided “for family reasons,” then the employer may not approve it.

When to take a vacation

The employee decides when exactly to take leave for the wedding. He can go on vacation in advance, before the registration date, or he can take it after this day. When exactly an employee needs to be granted leave in connection with such an event is not specified in the Labor Code. Therefore, it is provided according to the dates specified by the employee in the relevant application.

Important! If leave is granted after the wedding, the employee must attach a copy of the marriage certificate to the application.

Leave for a wedding during a probationary period

A new employee may be given a probationary period; the law does not prohibit this. Moreover, it should last no more than 3 months (70 Labor Code of the Russian Federation).

If during this period of time such an employee experiences an important event in his life, the employer has no right to refuse leave. In this case, leave is also granted for no more than 5 days, it is unpaid.

However, the probationary period for all days of such leave must be extended, since during this time the trial is interrupted (article ⇒ Leave for minor workers).

Procedure for applying for leave for a wedding

First of all, the employee needs to write a statement. It is drawn up in free form and addressed to the head of the organization. The application indicates the desired dates of vacation at your own expense, as well as the reason. Let's give an example of a statement.

Download a sample application

Based on such a statement, a vacation order is already drawn up. In this case, you can already use the unified order form (T-6). To confirm that the employee’s vacation is related to a wedding, the employer has the right to require confirmation.

For example, ask for a copy of your marriage certificate upon returning from vacation. This type of leave is not recorded in the vacation schedule, like all leaves granted without pay.

And in the work time sheet these days are marked with the designation “OZ” or “17”.

Does wedding leave affect other holidays?

An employee can exercise the right to leave in connection with a wedding, regardless of whether he took the main leave during the year or not. It also does not matter whether he was granted additional leave.

Moreover, if an employee takes leave for a wedding, this does not mean that he loses the right to other unpaid leaves.

If, for example, he needs leave due to the death of a close relative, the employer does not have the right to refuse him it.

In addition, days of leave for a wedding and other similar leaves at the expense of the employee must be included in the insurance period, giving him the right to annual leave. In this case, such vacations are taken into account only within 14 calendar days (121 Labor Code of the Russian Federation).

Relative's wedding

Employees do not always write an application for leave in connection with their wedding; sometimes they ask for days at their own expense in connection with the wedding of children or relatives. Such requests are not relevant to the entitlement to wedding leave. It refers to leave for family reasons, and only the manager decides whether to grant it or not.

However, some employers accommodate their employees and provide for unpaid leave on the occasion of the wedding of relatives in the company’s internal documents. For example, in a collective or labor agreement. In addition to the right to such leave, the document also records its duration.

In this case, the employer is obliged to grant such leave.

Sick leave on leave due to a wedding

Even if an employee falls ill during the days of unpaid leave due to a wedding, it cannot be extended for sick days. In addition, sick days on vacation will not be paid (Law No. 255-FZ).

Benefits will be accrued only from the day the employee returns to work from vacation.

Also, the leave will not be extended if it coincides with non-working holidays (article ⇒ Leave for a mother of many children according to the labor code in 2020).

If the employee’s wedding did not take place

Even if the employee is on leave due to a wedding, but registration has not taken place, he cannot be called back from leave early. Such circumstances are not provided for by the Labor Code of the Russian Federation in relation to leave without pay.

Article 128 of the Labor Code of the Russian Federation

"Leave without pay"

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Weekends for a wedding or the birth of a child: rules for provision

A question that employees are usually interested in only a few times in their lives, but which HR officers are forced to ask much more often: is the organization obliged to provide days off in connection with an employee’s wedding? Or in connection with the birth of a child? How many days off is the employee entitled to in this case? What is the procedure for providing them? And what are the nuances and features here? This article is dedicated to this topic.

Strictly speaking, these days off are correctly called vacation. And, as is the case with any vacation, there are certain rules on the basis of which it is granted.

Many people believe that providing days off for a wedding or in connection with the birth of an employee’s child depends solely on the “good will” of the employer. In fact, this is not true.

The employee’s rights to receive such leave are clearly stated in the legislation.

This means that the organization has certain obligations towards the employee in connection with these events (wedding and birth of a child). And according to the law, it will not be possible to “get rid of” congratulations from colleagues and the company.

In these cases, the Labor Code obliges the employer to provide the employee with leave without pay. In addition, there are various industry agreements that, in addition to days of rest, provide for the payment of a lump sum allowance or financial assistance.

In addition to the obligations provided for by the Labor Code, the law reserves the right to take initiative for the organization itself. Thus, additional guarantees can be specified in collective agreements or in local regulations issued by the employing organization.

Let's take a closer look at exactly how many days off an employee is entitled to in connection with a wedding and the birth of a child, and what other guarantees the law gives the employee in this case.

Article 128 of the Labor Code of the Russian Federation obliges the employer, on the basis of a written application from the employee, to provide him with leave without pay in cases of registration of marriage or the birth of a child. The duration of such rest can be up to five calendar days .

There are three important points here that you need to pay attention to:

1. By law, leave is granted without pay.

• • Leave is not granted automatically: the employee must submit a written application.
  • The employer does not have the right to refuse such leave to an employee. In the future, confirmation that the employee actually had a wedding or had a child will be the copy of the marriage certificate or child’s birth certificate submitted by the employee.

In addition, you need to remember that days off for a wedding and in connection with the birth of a child are provided regardless of other vacations and the citizen’s work experience . That is, the right of an employee to receive, for example, another vacation, weekends granted to him in connection with a wedding do not in any way affect the employee’s right to receive, for example, a regular vacation.

Generally speaking, the time of unpaid leave provided at the request of the employee, not exceeding 14 calendar days during the working year, is included in the length of service that gives the right to annual basic paid leave (Article 121 of the Labor Code of the Russian Federation).

After receiving a written application for leave in connection with a wedding or the birth of a child, the personnel officer must prepare a leave order.

In addition, information about vacation must be reflected in the employee’s personal card (form N T-2 or N T-2GS (MS)) and personal account (form N T-54 or N T-54a).

How to take into account the days off given to an employee for a wedding in the time sheet? Such leave should be marked with the letter code “OZ” or the digital code “17” (Resolution No. 1 - see the name of the Decree above).

By the way, Article 128 of the Labor Code of the Russian Federation indicates that an employee, by agreement with the employer, may be granted leave without pay of any duration . In this case, this type of rest in the working time sheet should be indicated by the letter code “TO” or the digital code “16” (Resolution No. 1).

As noted at the beginning of the article, in addition to the responsibilities imposed on the employer by law in connection with the employee’s wedding (or in connection with the birth of a child), the employing organization can also take its own initiative in this matter. That is, the employer can provide the employee with additional guarantees. They can be specified in a collective agreement .

Guarantees in accordance with the collective agreement

Based on their production and financial capabilities, employers have the right to independently establish additional leaves for employees.

The procedure and conditions for granting such leaves are prescribed in the collective agreement or local regulatory act of the organization, which are adopted taking into account the opinion of the elected body of the primary trade union organization.

This right of the organization is enshrined in Article 116 of the Labor Code of the Russian Federation.

For example, a collective agreement may stipulate not only the leave due in connection with the employee’s own wedding, but also the leave provided on the wedding day of his children.

(Remember that the Labor Code does not oblige the employer to provide such leave). It is important that such leave can be either paid or without pay.

This also depends on the position of the employing organization.

For example, a collective agreement may state that the employer provides employees with the following additional paid leave :

A). in the case of the employee’s own wedding – 2 working days;

b). for the father in the case of the birth of a child - 1 working day (on the day the child is discharged from the maternity hospital);

V). in the case of the wedding of an employee’s children – 1 working day.

This is just an example; the number of days, of course, depends on the position of the company.

The phrase “ additional paid leave ” means that such leave is provided in addition to the leave that the employee is entitled to in this case by law.

To receive such additional leave, the employee must also submit a written application in advance (for example, no later than 7 days before the intended leave).

Then, as in the case of leave required by law, the personnel officer draws up an order in Form N T-6 “Order (instruction) to grant leave to the employee.” Information about vacation is reflected in the employee’s personal card (form N T-2 or N T-2GS (MS)) and personal account (form N T-54 or N T-54a).

It should be noted that additional days off in connection with significant life events for the employee can be used as one of the factors motivating employees.

Important events such as weddings and the birth of a child usually happen infrequently for employees.

However, such employer initiatives always meet with a grateful response from employees and have a good effect on the overall loyalty of employees towards the employer.

If an organization is ready to provide employees with financial assistance in the event of a wedding or the birth of a child, then these points should also be spelled out in the collective agreement. It makes sense to make the amounts paid the same, regardless of the length of service and the position held by the employee in the organization.

For example, one-time financial assistance can be paid:

A). at the birth or adoption of a child. If both parents are employees of the company, it makes sense not to “divide loyalty in half” and pay financial assistance to each of them;

b). in the event of an employee's wedding. Likewise, if both the groom and the bride are employees of the organization, then financial assistance can be provided to each of them.

Naturally, what exactly (which event) should be considered the reason and basis for paying financial assistance is chosen and determined by the employer independently, since the law does not impose any obligations on him in this regard. To a much greater extent, this depends on the motivation system adopted by the company and the type of relationship between the employer and employees.

In addition, in some industries there are also industry agreements.

 They, among other things, set out the industry-recommended guarantees that should be provided to employees in the event of a wedding or the birth of a child.

If the employer did not provide a reasoned refusal to join the industry agreement, then in terms of industry guarantees, employees must take into account the provisions specified in the relevant agreement (this is indicated by Articles 8, 45 and 48 of the Labor Code of the Russian Federation).

In general, we can conclude the following:

Based on the Labor Code of the Russian Federation, providing leave in connection with an employee’s wedding (or in connection with the birth of a child) is the responsibility of the employer. The employer has no right to refuse such leave.

In addition to the mandatory guarantees established by the Labor Code of the Russian Federation in this case, the employer can provide employees with additional guarantees in connection with marriage or the birth of a child. They must be fixed in a collective agreement or in local regulations of the employing organization. Such additional guarantees can be used as an additional motivational factor that increases employee loyalty.

Some additional guarantees for employees who get married (as well as in connection with the birth of a child) are provided for by industry agreements. An organization should adhere to them if it is a party to these agreements.