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How is the right to leave regulated and can it be taken away?

Can an employer refuse leave?? According to the Labor Code, any employee who has worked in an organization for more than 6 months has the right to paid leave. This is the period that the employer can use without giving you rest. However, Article 114 also states that the employee has the right to go on vacation earlier with the consent of both parties. It also talks about how much rest an employee should have.

For an employee who does not fall into the category of citizens listed below, the amount of vacation is 28 days, excluding official weekends and public holidays. This period You will be extended if you:

1. Minor – more than 31 days
2. Disabled person of varying severity - more than 30 days
3. Work related to childcare – more than 42 days
4. Work in the field of education - up to 56 days
5. Prosecutor's office employee - more than 30 days

A fairly common case is when an employee is called back from vacation. The law prohibits this procedure for all categories of citizens. You can be recalled from vacation only if you voluntarily consent. In this case, you have the right to choose which days the period that you have not yet taken off will be transferred to. However, the law prohibits delaying or postponing your vacation for more than 2 years.

An employer does not have the right to even try to recall an employee from a well-deserved vacation if he is:

1. Minors
2. Pregnant woman
3. Worker from hazardous production

Payment of vacation funds is made no later than 3 days before the start of the vacation period; for each day of delay, the employer is obliged to pay a penalty in the amount of 1/300 of the salary.

The nature of refusal of leave implies various situations. Let's look at each of them.

Does an employer have the right to refuse planned leave?

If your vacation is planned and you agree to use it, then no one can refuse you this plan. The vacation schedule itself is drawn up for a year in advance and is approved no later than January 1 of the following year. Thus, any employee can find out the period of time allotted to him for vacation a year earlier.

Thus, if the employer denies you a planned vacation according to the schedule, you have the right to ignore this decision, since the approved vacation plan cannot be changed in the current year; the law prohibits such actions, both for the employer and for the employee himself.

There are quite a few situations where an employer tries to evade responsibility and postpone an employee’s vacation by motivating himself by damaging or stealing the vacation schedule. In this case, the law is adamant. You have the right to request a copy of the schedule and send a corresponding letter to the employer, in accordance with Article 62 of the Labor Code of the Russian Federation. In case of refusal or delay, you must go to court and seek compliance with your rights.

The law also insures the employer against the incompetence of the employee. An employee does not have the right to demand a change in the vacation date or edit the schedule for the current year, since the plan has already been approved and it can only be edited with the consent of both parties.

Can they be denied leave at their own expense?

Most of the questions and appeals to the court are related to the case of an employee receiving leave at his own expense. In this case, you can understand both the employer and the employee himself. The law does not clearly regulate this situation. However, the Labor Code of the Russian Federation says that an employee has the right to receive leave at his own expense if there is a good reason for this. The list of reasons in this case is not indicated. If the employer refuses, this question you have to decide through the court, which actually has to decide whether the reason for going on vacation is valid.

Judicial practice shows that most decisions remain in favor of the employee, however, we warn that it is extremely inappropriate to go on vacation at your own expense. best idea. Perhaps you will eventually achieve your acquittal, but in the process you will lose a lot of time and generally undermine the attitude towards yourself at your old place of work.

Do you have the right to refuse leave before maternity leave?

Employers really don’t like employees going on maternity leave. The whole point is that the employer does not have the right to refuse maternity leave and in most cases will lose in court.

The rules for going on maternity leave are regulated by Article 260 of the Labor Code of the Russian Federation. According to the law, any employee, regardless of length of service, position and place of work, has the right to go on maternity leave.

Some readers complain that they were denied this right, citing the fact that the employee had already taken her planned vacation this year. The law in this case is adamant and says that the vacation must be provided in advance.

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Denial of leave allegedly due to production needs

Hello, I work in a trading company, on September 5 we have a reception and retake test in our store, I take up my position new director. I am a merchandiser and on September 23rd I was denied leave, allegedly due to production needs. There will be a merchandiser at the store, there is personnel reserve with new merchandisers, but they need me, because... I fully know the intricacies of working in this particular store. What to do in this situation?

Lawyers' answers

Best answer

Berezutsky Vladimir Nikolaevich(08/27/2013 at 17:40:13)

Good afternoon. Yes, indeed, in accordance with Article 123 of the Labor Code of the Russian Federation, the order of granting paid vacations is determined by the vacation schedule approved by the employer. But many employers, contrary to this legal requirement, do not draw up or approve vacation schedules. Unfortunately, your question does not indicate whether such a schedule exists in your organization. In order not to repeat what my colleagues correctly indicated, I will consider a situation that you may have - in the absence of a vacation schedule.

As stated in the same Article 123 of the Labor Code of the Russian Federation, the employee must be notified of the start time of the vacation against signature no later than two weeks before its start. Of course, if there is no schedule, no one notified you about the start of the vacation. You write that you have been denied entry since September 23. In this regard, questions arise: have you contacted your employer with a written application to grant you leave from September 23? Did they issue an order for the unified T-6 form? Have you read this order for signature? If all this happened, then, as your colleagues correctly pointed out, you must be given leave from September 23. What if there was no such order? Then, in the absence of a vacation schedule, you do not have notification of the start of vacation, your application and order to grant you vacation legal grounds demand leave from September 23. Do you understand? In such a situation, you are forced to continue working until your vacation is approved. It should be noted here that an employee’s unauthorized departure on vacation is absenteeism, that is, a gross violation of labor duties, for which the employer has the right to apply a type of disciplinary sanction such as dismissal (subparagraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation).

Nikolai Nikolaevich(27.08.2013 at 12:03:54)

Hello! No production necessity can affect your vacation. The right to rest is guaranteed by the Constitution of the Russian Federation; no one has the right to infringe on it and not under any pretext. HERE IS THE RELEVANT ARTICLE GOVERNING HOLIDAYS. Article 122 of the Russian Federation. Procedure for granting annual paid leave Paid leave must be provided to the employee annually. The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months. (as amended by No. 90-FZ dated June 30, 2006) Before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to: women - before maternity leave or immediately after it; employees under eighteen years of age; employees who adopted a child (children) under the age of three months; in other cases provided for by federal laws. Leave for the second and subsequent years of work can be granted in any year in accordance with the order of provision of annual paid leave established by the employer. Since you have a serious company, A MONTH BEFORE THE YEAR IN WHICH THE VAKES WILL BE PROVIDED, A VACATION SCHEDULE SHOULD BE DRAFTED AND PUBLICLY DISPLAYED. According to this schedule, you must go on vacation. Deviation from the schedule is possible only at your request, and not at the initiative of the employer. Therefore, if the manager insists on continuing work and postponing vacation, you can contact the labor inspectorate, they will conduct an inspection and point out violations. THE LAW IS ON YOUR SIDE! SUCCESS IN YOUR DEFENSE!

Khorokhordin Evgeniy Vasilievich(08/27/2013 at 12:05:15)

Good afternoon. Firstly, you must make a fundamental decision whether you will argue with the employer (I think you are aware of the possible consequences).

Secondly, the application you submitted is not the employer’s obligation to provide you with leave within the time frame specified in the application. For this there must be an approved vacation schedule

Mikhailovsky Yuri Iosifovich(08/27/2013 at 12:13:29)

Good afternoon

Article 114 of the Labor Code Russian Federation. Annual paid holidays

Employees are provided with annual leave while maintaining their place of work (position) and average earnings.

Article 122 of the Labor Code of the Russian Federation.

Procedure for granting annual paid leave

Paid leave must be provided to the employee annually.

The right to use vacation for the first year of work arises for the employee after six months of continuous work with this employer. By agreement of the parties, paid leave may be granted to the employee before the expiration of six months.

Before the expiration of six months of continuous work, paid leave at the request of the employee must be granted:

for women - before maternity leave or immediately after it;

employees under eighteen years of age;

employees who adopted a child (children) under the age of three months;

in other cases provided for by federal laws.

Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.

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

Article 124 of the Labor Code of the Russian Federation.

Extension or transfer of annual paid leave

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with hazardous and (or) dangerous conditions labor.

In Russia there is a violation labor rights is widespread. You can submit Applications to State inspection for labor in your region, to the Prosecutor's Office, to the Court (not subject to state duty)

Zhvakina Veronika Alekseevna(08/27/2013 at 12:20:12)

Hello, in accordance with Article 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

Recall of an employee from vacation is permitted only with his consent. The part of the vacation unused in this regard must be provided at the employee’s choice at a time convenient for him during the current working year or added to the vacation for the next working year.

Employees under the age of eighteen, pregnant women and employees engaged in work with harmful and (or) dangerous working conditions are not allowed to be recalled from vacation.

So you should be given notice of the postponement of your vacation and if you do not agree with it, then write memo in which you justifiably state your disagreement. See for yourself whether it’s worth going into conflict with management over a vacation; if it’s worth it, then take the risk.

Good luck to you. If you liked the answer, please leave a review.

Can an employer refuse to allow an employee to go on vacation? In some cases - yes, in others - no. But before we understand this issue, let us recall the basic requirements of the Labor Code of the Russian Federation regarding the provision of vacations to employees.

General rules for granting vacations

Let's start with the fact that every employee has the right to annual paid leave of at least 28 calendar days (Articles 114, 115 of the Labor Code of the Russian Federation). At the end of each year (namely, no later than December 17), the organization must draw up a vacation schedule (form No. T-7, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 No. 1) for the next calendar year (Article 123 of the Labor Code of the Russian Federation). It determines the order in which vacations are granted to employees. That is, this is a kind of plan that indicates on what date and for how many days each employee of the organization will go on vacation. The schedule reflects both , and , due to employees.

Vacation as scheduled

If an employee must soon go on vacation according to schedule, and you, as an employer, cannot release him due to production needs, then you will need to obtain the employee’s consent to postpone the vacation (in writing), draw up an order for the transfer, and also make changes to the vacation schedule.

It happens that an employee becomes an indispensable employee while already on vacation. Then we are not talking about postponing vacation, but about... And this is a completely different story.

Leave upon request

If an employee is going to go on vacation not in accordance with the schedule, but simply at the request, then the employer has every right to refuse him. And at the same time it will not violate the rights of the employee in any way. Because the issue of granting unscheduled leaves is always decided by agreement between the employee and the management of the organization.

Accordingly, if an employee decides to go on vacation without the employer’s consent and does not show up for work, then he can be fired for absenteeism (Article 193 of the Labor Code of the Russian Federation). In this case, it will be necessary to follow the entire procedure for bringing the employee to disciplinary liability.

When an employer does not have the right to refuse an employee leave

Under certain circumstances, the employer is obliged to provide the employee with leave and cannot refuse it. This:

• annual paid leave granted to a woman before or immediately after maternity leave, or at the end of maternity leave. The employee must be released on vacation based on her application (Article 260 of the Labor Code of the Russian Federation);
• annual paid leave granted to the husband while his wife is on maternity leave (Article 123 of the Labor Code of the Russian Federation);
• additional leave provided to persons combining work and study. In this case, the employee must give the employer a summons certificate from educational institution(Article 173-176 of the Labor Code of the Russian Federation);
• annual paid leave granted to one of the parents (guardian, trustee) working in an organization located in the Far North region or an equivalent area. It's about on the leave required to accompany a child under 18 years of age entering education educational programs in organizations/institutions of secondary and higher education vocational education located in another area (Article 322 of the Labor Code of the Russian Federation).

When an employee has the right to take leave “at a time convenient for him”

Also, some categories of employees can independently choose the period of time for their vacation during the year. That is, they should be given leave at a time convenient for them (Article 123 of the Labor Code of the Russian Federation). And the employer will not be able to adjust the dates or deny them leave on their own initiative. The following categories have this privileged position:

• workers under the age of 18. By the way, they are entitled to annual paid leave for 31 calendar days (Article 267 of the Labor Code of the Russian Federation);
• women and single men with two or more children under 12 years of age. They have a priority right to receive annual leave in the summer or other time convenient for them (paragraph “b”, paragraph 3 of the Resolution of the CPSU Central Committee, USSR Council of Ministers dated January 22, 1981 No. 235, Order of the USSR Council of Ministers dated October 30, 1985 No. 2275r, Decision Supreme Court of the Russian Federation dated June 17, 2014 No. AKPI14-440);
• employees recalled from annual paid leave. They are given the right to use the remainder of their vacation at any time convenient for them during current year or add it to the vacation for the next working year (Article 125 of the Labor Code of the Russian Federation);
• . They have the right to take leave from part-time work simultaneously with the annual leave provided at their main place of work (Article 286 of the Labor Code of the Russian Federation);
• one of the parents (guardian, trustee, foster parent) raising a disabled child under the age of 18 (Article 262.1 of the Labor Code of the Russian Federation);
• military spouses. They are granted leave simultaneously with the leave of their spouses (Clause 11, Article 11 of Law No. 76-FZ of May 27, 1998);
• honorary donors of Russia (clause 1, part 1, article 23 of Law No. 125-FZ of July 20, 2012);
• some categories of Chernobyl victims (clause 5 of article 14 of the Law of the Russian Federation of May 15, 1991 No. 1244-1).

The above-mentioned employees can take advantage of their vacation without the consent of the employer. This means that even if the company’s management is against it, and the employee nevertheless goes on vacation during the period of time he needs, firing him for absenteeism will be the wrong decision. After all, there is a high probability that after this the employee will be reinstated at work by a court decision. And then the employer will have to pay him not only average earnings for the period from the date of dismissal of the employee until the day of reinstatement at work, but it is also possible to compensate for moral damage if the employee declares it in court and the court supports him (Articles 234, 237 of the Labor Code of the Russian Federation, paragraph “e”, paragraph 39 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

“Mandatory” leave without pay

There are also employees who, based on their applications, must be granted leave without pay. The corresponding rules on leave without pay are contained not only in the Labor Code of the Russian Federation, but also in other legislative acts. A number of specific cases and the duration of leave for each of them are indicated in the table below.

If you listen to the sounds of the sea every day, raising your palm to your ear, if you, sitting comfortably in office chair, imagine how imaginary waves tickle your feet - which means it’s time to write a vacation application. But what to do if the employer does not give vacation? How to convince your boss that you desperately need rest? Let's figure it out.

Every employee has the right

for annual paid leave

Every citizen of the Russian Federation has the right to annual basic paid leave in accordance with the Constitution and Labor Code RF.

And if you also work on employment contract, then they simply do not have the right to refuse you. Refusal will be a violation of current legislation countries. And to be more precise, it is a violation of Article 37 of the Constitution of the Russian Federation.

The Law states that the boss is obliged to give everyone who gets a job at an enterprise under an employment contract time to rest on weekends and general holidays for the country, and also annually provide the employee with the opportunity to take off the required 28 calendar days. When an employee is granted leave, his place of work, position and monthly salary are retained.

The Labor Code of the Russian Federation (Article 124) states that the employer does not have the right:

1. delay vacation for more than two years,

2. do not give annual paid leave to minor workers, and to employees of enterprises with harmful or hazardous conditions to health labor activity.

The procedure for providing annual

paid holidays according to the Labor Code of the Russian Federation

The procedure for providing employees with annual paid leave is prescribed by Article 122 of the Labor Code of the Russian Federation.

The law stipulates that employees must be provided with vacation for each working year, regardless of the quality and speed of the tasks performed by the employee. Remember that the “working year” begins from the moment the employee is hired, and the “calendar year” begins on January 1.

The annual main leave is, as previously written, 28 calendar days. Vacations of more than 28 days, the so-called extended vacations, are also provided. This type of leave is provided to minors, disabled people, elderly people, civil and municipal employees, judges, law enforcement officers, deputies, rescuers, citizens working with chemicals, teachers, medical workers and other categories of citizens provided for by law.

For an employer, an employee's leave of absence is a factor that slows down the activities of the entire organization, so most employers take their legal obligations to provide leave to their employees very seriously.

Usually in organizations vacation schedule is maintained, which clearly shows during what period of time a particular employee will be absent. The vacation schedule is an official document that is signed by all employees of the organization and agreed with the trade union body.

If the employee is not satisfied with the vacation time indicated in the schedule, he has the right to ask to postpone his vacation to a more suitable period of time.

In order to go on vacation you need to submit an application addressed to the director, indicating the following data:

From whom is the application (full name, position)

Type of leave (regular paid)

The period for which the vacation is expected to be taken (start date and end date)

Date of writing the application, signature.

How many days in advance to write a vacation application is up to you. The norm is two weeks. But it’s better not to be lazy and find out about the relevant traditions in the company; perhaps it’s customary for the team to warn about everything several months in advance.

Can employers refuse to give

paid leave for an employee?

Quite often, bosses suggest that an employee take fewer days off, citing the fact that their business is not government structure, and supporting this with any internal documents. This action is illegal by the second part of Article 11 of the Labor Code of the Russian Federation.

It has also become popular to divide vacations into parts. This is very convenient for some, but if you want to fully use the weekend allotted to you in one period, know that they cannot prohibit you from doing so. To divide your vacation into parts, the employer requires your consent.

But today it is not uncommon for an employer to completely deny leave to an employee, citing the fact that the applicant for leave is an exceptional professional and an irreplaceable person in the organization.

So what should an employee who dreams of taking a vacation in such a situation do? To begin with, firmly understand that the director does not have the right to refuse leave to his subordinate.

Try to have a heart-to-heart talk with the director, as they say. Explain that you need a vacation and you cannot continue to work with the same passion and quality until you have rested. Many directors make concessions after such a conversation.

Leave must be granted annually to every citizen working in any company on an official basis. Its standard size is 28 days, but the duration of this period may increase for teaching staff or other specialists working in specific fields. Typically, companies draw up a vacation schedule, based on which citizens go on vacation. But often employees have to deal with the fact that management will not let them go. Can an employer refuse leave? All the rules on the basis of which any employee of an enterprise can go on vacation are prescribed in Art. 122 TK.

Legislative regulation

Based on Art. 122 of the Labor Code, every citizen who works officially can take annual leave. It is provided every year, and its minimum duration is 28 days.

There are extended vacations that specialists in specific fields of activity can count on. These include deputies, municipal employees, pensioners, minor workers, teachers, doctors and other categories of citizens specified in the legislation.

For every employer, a specialist going on vacation is considered an unpleasant moment, as the activity of the entire company slows down. Therefore, the company often creates a special schedule, on the basis of which rest days are provided to all full-time employees. This document is official, therefore all participants labor relations must follow its provisions. This document is signed by all employees of the enterprise and the employer, and it is also agreed upon with the trade union.

If the employee is not satisfied with the time allocated to him based on the schedule, then he can transfer this period to a suitable time period.

How can an employee go on vacation?

In order to exercise their right to annual rest, each employee of the enterprise must understand what actions they must perform to achieve this. To do this, you need to write an application addressed to the director of the organization. This document must contain the following information:

• information about the employee who wishes to go on vacation, and this includes his full name and position in the company;
• the type of leave being issued is indicated, which can be regular paid, at one’s own expense, educational or some other;
• the period during which the citizen will be on vacation is prescribed, and for this it is advisable to indicate the specific start date of the vacation and the date of its end;
• The date of the application is indicated at the end.

It is advisable to submit such a statement to the management of the organization immediately two weeks before going on vacation.

Can an employer refuse leave?

In some organizations, employees often have to deal with misconduct by management. Therefore, they are interested in whether the employer has the right to refuse leave. Although every employee has the right to take a break from work for several weeks, the law still establishes certain situations in which the director may not allow a specialist to take a break.

All these situations must be officially confirmed and properly executed. A simple verbal refusal is not allowed, since the employer must really have compelling reasons.

Reasons for refusal

Can an employer refuse annual leave? Refusal is permitted if the following grounds exist:

• the specialist signed the vacation schedule drawn up at the beginning of the year, but wants to go on vacation at another time;
• an application for leave is drawn up by an employee who has worked for the company for less than 6 months, but under such conditions, leave is provided only with the consent of the employer;
• an application for vacation followed by dismissal is submitted, and the employer may refuse such an action and insist that after the vacation the specialist goes to work and works for the required two weeks.

Registration of leave followed by dismissal is considered a common procedure, but accepting such an application is a right, not an obligation, of company managers.

Denial of scheduled vacation

Can an employer refuse leave if an employee wishes to go on vacation based on the existing vacation schedule? Even in this case, the law provides for such a possibility if there are some significant grounds. The main features of the process include:

• the enterprise must create conditions under which a specialist’s going on vacation will not lead to negative consequences for its functioning;
• if a certain employee is really constantly required in the company to implement a large project, then under such conditions it is permissible to transfer the vacation to next year;
• the replacement employee is on sick leave, so it is impossible to place him on workplace another specialist.

All of the above situations must be proven by official documents. In this case, the employee receives from the management of the enterprise a reasoned refusal to provide days of rest.

Who can't be refused?

Can an employer refuse to provide leave? If he has good reasons for this, then such a situation is considered legal. But at the same time, there are certain employees who cannot be refused due to legal requirements. These include citizens:

• minor workers;
• employees who have not taken official leave for two years in a row;
• workers working in hazardous work;
• combat veterans;
• pregnant women working in the company until they immediately go on maternity leave;
• people studying at a university, so they regularly need study leave for passing a session or other purposes;
• citizens raising small children alone;
• military spouses;
• specialists working part-time in the company;
• representatives of disabled children;
• people who have the title of honorary donors.

Can an employer refuse leave to such employees? If the employee belongs to any of the above categories of employees, then the refusal is unlawful, so specialists can file a complaint with the labor inspectorate or even file a claim, the main requirement of which is to receive compensation for moral damage received.

Waiver of unpaid leave

By for various reasons employees can take vacations at their own expense at any time. The employer cannot refuse to grant such leave without good reason.

There are some employees who can take such days off at any time without the consent of the employer. These include:

• officially working pensioners;
• citizens with any disability group;
• combat veterans;
• out-of-state police officers;
• people who entered into an official marriage less than a year ago;
• citizens raising small children;
• people whose relatives die.

Does the employer have the right to refuse leave at his own expense to such citizens? By law, these employees should not even be interested in the opinion of the head of the company, so after submitting the appropriate application, they can go on vacation.

The head of the enterprise may refuse to provide rest at their expense to all other citizens. Such a decision will be competent and legal. The only way out of this situation is to find common language with the employer.

Under what circumstances is compulsory leave granted?

There are situations when an employee can count on rest even outside the vacation schedule. To do this, he must have evidence of the occurrence of certain events. These include:

• official marriage;
• the birth of a child in the family;
• death of a relative.

Can an employer refuse leave to an employee if the above reasons exist? The refusal will be unlawful, so it can be challenged in court or the employer may even be held liable for violating the requirements of the Labor Code. In the above situations, at least 5 days are issued to the employee to resolve personal issues.

Difficulties often arise when determining who is a close relative. There are no clarifications in the Labor Code, so such issues are usually resolved between employees and employers. Typically, close relatives include spouses, parents, children, grandparents, and sisters and brothers. Funeral arrangements for these individuals may take several days, during which the employee may not come to work. Typically, business managers do not require official confirmation of the death of relatives, but if there is hostile relations between the director and the employee, then you will have to prepare a copy of the death certificate.

The nuances of taking vacation by agreement

Regardless of how long a citizen works in a company, he can receive several days of rest if there are serious family circumstances. Does an employer have the right to refuse leave? If such requests are too frequent and cause certain harm to the organization, the employer may refuse the request.

This procedure is governed by the provisions of local regulations and internal documents of the organization. The management of the organization may require evidence that the reasons for taking such a vacation are truly valid.

Rules for granting maternity leave

Can an employer refuse maternity leave? Such a refusal is not allowed in any case, since pregnant women at 30 weeks are required to go on vacation. Work from this period is dangerous, as problems with the health of the woman and fetus may arise. Leave is assigned on the basis of a special certificate from the maternity hospital, where a certificate of incapacity for work is additionally prepared.

If an employer does not want to let a woman go on maternity leave, then this is a serious violation of the Labor Code requirements and a woman’s rights. Therefore, she can file a complaint with the labor inspectorate, prosecutor’s office or court.

Can an employer deny a pregnant woman leave before maternity leave? Even such a refusal is unauthorized, so the employee can rest at any time, regardless of the reasons. This is usually due to the need for bed rest.

Rules for applying for study leave

Some citizens who officially work in different companies study in different educational institutions. Most often chosen for this extramural training. During your studies, you need to take exams, so you need to take a study leave at least twice a year. Its duration depends on the operating rules of the educational institution itself, so the employer cannot postpone the period.

Can an employer refuse study leave? Such a refusal will not be legal, therefore, it is enough for the employee to obtain the appropriate certificate from the university, on the basis of which an order is issued to send the employee on study leave.

What controversial situations arise?

Each employee must understand whether the employer can refuse leave and whether he has the right to such behavior. The ability to defend your rights depends on this. In practice, there are often situations when enterprise managers refuse a period of rest even if the citizen has valid reasons. If an employee still decides not to come to work, this may result in disciplinary action being taken against him for absenteeism. You can challenge such actions by going to court or the labor inspectorate.

A controversial situation involves a case where an employee asked for leave due to the need to undergo inpatient treatment, but he did not have documents confirming health problems. The manager does not believe the employee, so he denies him time off and fires him for absenteeism. An employee can go to court with documents confirming that he is indeed in the hospital and therefore could not come to work. The court will side with the citizen and therefore cancel the punishment.

Conclusion

Every person officially working in any company should know well whether the employer has the right to refuse leave. The ability to defend your rights and file complaints with the labor inspectorate or court depends on this.

The employer may have grounds for refusal, but if the employee needs to receive several days of vacation good reasons, then he can prove in court the unlawfulness of the application to him disciplinary sanctions for absenteeism. Additionally, a complaint can be filed with the labor inspectorate, on the basis of which an inspection of the company is carried out. If violations are detected, the company is held accountable.