Every employee has the right to vacation: even he likes his job, it is impossible to work all year round nonstop. But it happens that employer refuses leave. How legal is this? What to do in this case?
Much depends on what kind of leave you are applying for, as well as on your length of service at the company/organization and some other factors. let's consider most common cases when the employer refuses leave.
Every employee has the right to go on annual paid leave after six months of continuous work. If you have worked for less than six months, your employer may not provide you with leave.(unless you are under 18 years old, or have adopted a child under 3 months old, or are going on maternity leave / have just come out of maternity leave). Leave may be granted to you by agreement of the parties, but the employer is not obliged to provide it to you.
However, as soon as your work experience reaches six months, you must be given leave. The vacation schedule is approved before the start of the next calendar year (no later than two weeks before January 1), and two weeks before the start of your vacation, the employer is obliged to notify you of its start time against signature. If you are not given leave as scheduled, this is a violation of the Labor Code.
What to do in this case? If you cannot resolve the problem amicably with your employer, you will have to contact the labor inspectorate or even go to court. But keep in mind that after this you are unlikely to remain working in this place: most likely, the employer will try to “survive” you (and would you really want to stay working for a person with whom you managed to come to an agreement only after the intervention of the labor inspectorate)? But you will receive monetary compensation for unused vacation upon dismissal.
Leave at your own expense (leave without pay), as opposed to annual paid leave, the employer is not required to provide. He may do it... or he may not. It all depends on how valid he considers the reasons why you needed a vacation at your own expense.
Of course, the Labor Code lists cases in which the employer is obliged to provide you with leave without pay. For example, the death of a close relative, the birth of a child, or marriage registration are considered sufficiently compelling reasons for granting such leave. Full list We gave such cases in the article.
If your case is on this list, try waving the Labor Code in front of your bosses and threatening them with a labor inspectorate. If it doesn’t help, either accept the fact that you won’t be given a vacation, or carry out your threats. If your case is not included in this list, there is only one option left - come to terms with it.
Some employees take regular paid leave before resigning. In this case, the two weeks that the employee must work after submitting his resignation letter will be spent on vacation, and immediately after the vacation he will be considered dismissed. What to do if they don't give it to you?
Vacation followed by dismissal is granted if it coincides with the vacation schedule approved for the current year. If this is your case, your employer has no right to refuse you leave. If not, such leave can only be granted by agreement of both parties. If the employer does not agree, he has the right to refuse you leave with subsequent dismissal.
The right to annual paid leave in our country is guaranteed to every employee by law. Articles Labor Code the rules and all the nuances regarding vacations, as well as their transfer or refusal to provide certain types for some reason, are regulated. The solution to the issue of a possible refusal by the employer to leave a subordinate depends on specific situation. General rule states: refusal of a timely submitted and correctly completed application is a violation of the right to rest and is therefore illegal.
But if the employer still refuses leave, what should you do? In the absence of proper grounds for this, his actions are subject to appeal under the law.
Chapter 19 of the Labor Code of the Russian Federation “regulates” holidays. Employees whose work experience in the company exceeds 6 months can take advantage of the right to take legal rest. After this period, the employee may be granted a vacation at his request, or it may be included in the vacation schedule for the next calendar year. It is this document that regulates the procedure for providing annual paid leave in a particular organization.
Such a schedule is drawn up at each enterprise or institution at the end of the current year. It must be approved no later than December 17. All employees are introduced to the vacation schedule against signature.
If an employee decides to take a break before the end of his six-month period of work, can the employer refuse leave and in what case? This occurs when the employee does not fall into any of the benefit categories listed below.
Those who are on the list of beneficiaries can go on their first vacation before the end of the six-month working period.
Who are these same beneficiaries? The right to go on early leave belongs to:
1. For minors.
2. Women going on a “planned” maternity leave.
3. To those who adopted small child(up to 3 months).
4. Husbands of women “on maternity leave.”
5. Part-time workers, if during this period of time there is a vacation at the main place of work.
6. Wives of military personnel who are entitled to leave at the same time as their husbands.
Additionally we're talking about O:
1. Veterans and disabled people of war.
2. Victims of the Chernobyl accident.
3. Heroes of Russia, Socialist Labor, USSR.
4. Honorary donors.
5. Victims at the training ground in Semipalatinsk.
If you do not belong to one of the listed preferential categories, but you need leave, say, for health reasons or for family reasons, the law does not prohibit granting the right to rest to such an employee. But it should be understood that this action refers to the rights and not the obligations of the employer. If he complies with the procedure for granting annual paid leave, the law does not have the right to oblige him to provide an ordinary employee (not a benefit recipient) with rest before completing six months of work experience.
For each calendar year, a schedule of planned vacations with the order of their provision is drawn up and approved at the very end of the current year - in December. The approved document is binding on both parties - the employer and the employee. Can an employer refuse leave contrary to the approved deadlines, citing the impossibility of replacement or other reasons important for production? How legal are his actions?
From a formal point of view, such a decision is contrary to labor legislation. In practice, management is given the right to postpone vacation to another time. This is done only when such an alternative is understood by the vacationer himself. That is, this action complies with the law if the employee agrees with the proposal to transfer.
A similar transfer of vacation is legally possible to the next year. But here we should not forget about the prohibition of a two-year period of work without official rest. In addition, vacations for minor workers are not transferred even if they consent.
Can an employer refuse leave without offering a transfer? Definitely not. The law strictly prohibits refusal in the case of an officially drawn up and signed schedule.
But this does not apply to situations in which subordinates request leave on other dates that are not agreed upon in documents. If an application for leave “out of turn” is submitted without special grounds, this may become the reason for a completely legitimate refusal.
Sometimes we are talking about dividing annual paid leave into parts. But at least one of them should not be shorter than 14 days.
Is it possible to reach an agreement like this - the manager refuses the vacation, but in return offers to pay compensation in money for the entire period. According to the law, this is impossible. Although the Code provides for the option of paying monetary compensation in exchange for the unrealized right to rest, payment in money is allowed only for the time that exceeds the annual mandatory period of 28 calendar days.
For example, when on vacation lasting 35 days, the employee at will has the right to receive compensation for a period of 7 days. And, let us remind you once again, such a replacement of vacation days with money can only take place on the initiative of the employee, and not the management.
The so-called administrative (or unpaid) leave can be taken by an employee at any time. It doesn't depend on size length of service. Payment is not saved in this case. To receive one, the employee should send an application to the employer with a request and, most importantly, a request-justification, that is, explain the need for it. Refusal or consent depends on how important the employee’s motivation seems to management.
Is it possible to refuse leave without pay? Yes, unless both of the following conditions are met:
1. Citizens belong to the category of those who have the right to the mandatory provision of such administrative leave.
2. The limit of days “without pay” regulated by law has not yet been exhausted by them.
1. Participants of the Second World War. For them, the annual limit on the duration of administrative leave is 35 days.
2. Working disabled people - the same period for them is 60 days.
3. Those who have reached retirement age. If the pensioner continues to perform work duties, he is granted the right to annual leave without pay for 14 days.
4. Widows or widowers of those killed in service or as a result of injury, illness, injury that occurred due to a work-related reason. Here the limit is also 14 days.
5. Five days annually must be given to someone who has had the birth (death, marriage) of a close relative.
This list, established by Article 128 of the Code, is not exhaustive. Additional guarantees in the social sphere are possible in individual legislative acts and internal regulatory documents employer companies. Most often, employees are rarely denied leave at their own expense.
Now we are talking about and concerns pregnant women and young mothers who are going to workplace. These persons belong to the category of employees protected by law.
According to the Labor Code, all women are guaranteed the right to use maternity leave, as well as long-term leave to care for a child up to the age of three. But in real conditions, the rights of pregnant women and young mothers are very, very often violated.
Can an employer refuse leave to a pregnant employee about to go on maternity leave, citing the upcoming maternity leave (and such situations are not uncommon)? It should be clearly understood that such a refusal refers to the most serious violations of labor legislation.
In fact, the fact of pregnancy “works” not for the employer, but for the employee. She becomes a “beneficiary” and can request another unscheduled vacation.
Completely legal and very convenient for expectant mother is the option of going on maternity leave immediately after the next vacation. If management refuses to implement such an option, this already gives the right to appeal to higher authorities.
Unfortunately, it is impossible to give such an unambiguously positive answer to the question of whether it is possible for a pregnant woman to be denied another leave in the most general case (when we are not yet talking about maternity leave). An employer may not allow an adult employee to go on vacation outside the agreed schedule. However, a pregnant woman enjoys additional privileges. For example, it is impossible to fire her for absenteeism.
What is it? In fact, it consists of two legally unequal parts - maternity leave and long-term leave provided to care for a child. The first as such does not apply to vacations.
The basis for its provision and payment is a sick leave certificate for incapacity for work. That is why refusal to provide such a period of rest is impossible in principle.
Leave to care for a child, according to general rules, is granted until the child reaches three years of age. Their duration is not necessarily exactly three years. A woman has the right to apply for such leave on any day of the specified period. The vacation ends automatically on the next day (working day) after the baby’s third birthday.
It can be provided not only to the mother, but also to any person who actually cares for the child. At the same time, payment (quite modest, in the form of a social benefit) is required by law only in the first year and a half.
Quite often (mainly for financial reasons) a young mother is forced to go to work before the baby turns three years old. But sometimes, due to family circumstances, she needs to go back on maternity leave. The employer may be against such a decision.
The law determines that such a refusal applies to violations prescribed in the Labor Code social guarantees. That is, by interrupting maternity leave ahead of schedule, a woman is not deprived of the right to go on the same leave again if the need arises.
The bulk of the provisions of labor legislation are aimed at protecting the interests of workers. But it also contains rules that prevent employees from abusing their rights. This includes a list of those situations when refusal of leave by the employer is legal.
So, let’s list the reasons why you will be legally denied a vacation at a time that you have chosen for yourself:
1. An employee who does not belong to a preferential category requested leave during the first half of the year of fulfilling his job duties.
2. A properly completed written application (if accepted by the organization) was not submitted on time. There is no need to write an application if vacations are provided according to a predetermined schedule. In this case, it is enough to familiarize the employee in advance - 14 days in advance.
3. If the employee intends to formalize his resignation immediately after the requested leave.
4. If a sufficiently serious production need arises. But, as already mentioned, this basis is used only with the voluntary prior consent of the employee.
If you are refused, be sure to ask the reasons. Knowing them, you can easily figure out how legal the management’s actions are.
Such vacations are provided for those citizens who combine study and labor activity. In order for claims to receive such leave to be justified, a number of conditions must be met:
1. This is the employee’s first time obtaining an appropriate level of education. What does this mean practically? If a part-time student who does not yet have a higher education is working, he is entitled to student leave. But with the finished higher education he can apply for such only when studying in a master's or graduate school.
2. If a worker manages to study simultaneously in several educational institutions at once, he writes an application for study leave only for the session in one of them - at the choice of the student himself.
3. When an employee is a part-time worker, he is not entitled to such leave. Study leaves are given exclusively at the main place.
4. It is provided only subject to state accreditation of the educational institution where the employee receives his education.
5. Mandatory document, attached to the application for study leave, is a summons certificate issued by the educational institution.
6. The duration of such leave must be within the established limit. It is possible to exceed it, but only by mutual agreement with the employer.
If all of the above conditions are met on the part of the employee, but nevertheless he is denied student leave, the actions of his superiors can be considered a violation of labor legislation, and it can be appealed in the prescribed manner.
The Labor Code provides for the right of the employer, if this is necessary to maintain the normal rhythm of the organization’s work (Article 124 of the Labor Code).
The main condition for the legality of the transfer is the employee’s consent to this in writing.. Responsibility for refusing such an offer is not established by law, therefore, if it is important for an employee to go on vacation exactly during the planned period, then he may well refuse the employer.
The employer does not have the right to refuse to allow an employee to go on vacation. He can only transfer this period to another period with the consent of the employee. This procedure is formalized by issuing a transfer order.
You cannot refuse leave:
For the listed persons, the privilege of receiving leave has been established; they do not even need to wait for it to arrive; it is enough to write an application to the employer requesting its provision.
This application cannot be denied.
It is prohibited not to provide vacation during the year to persons under the age of majority or those who are working.
Vacation cannot be rescheduled for two years in a row, that is, if an employee’s vacation has already been rescheduled once, then when the time comes for the second time, it cannot be rescheduled again, even with the employee’s consent.
For employees who do not have any privileges in terms of receiving leave, it is provided and transferred on a general basis.
The law does not provide clear criteria for determining whether an employee going on vacation will negatively affect the work of an organization or entrepreneur. The employer decides this at his own discretion and agrees on this position with the employee
As an example possible reason To transfer leave, you can cite a situation where the organization has two employees doing the same job, for example, a lawyer. Let's say that the time has come for one of them to go on vacation, but shortly before that, the second employee went on sick leave. In such a situation, if you let the first employee go on vacation, the organization will be left without legal support. If you can’t do without a lawyer, then the manager can ask the employee to postpone the vacation until the second specialist returns from sick leave.
Also, an organization may urgently need all employees to work when receiving a large order from an enterprise producing some product.
In such a situation, the manager may have reason to believe that if one of the employees working in the production sector of the enterprise goes on vacation, then it will not be possible to complete the order within the time period agreed with the customers. He may ask to postpone all vacations falling during this period.
If the employer, despite receiving a refusal to reschedule the vacation, still does not provide it to the employee, although the time for provision has approached, according to the approved schedule, you can apply to various authorities for the restoration of your violated right.
Such an appeal may be sent to the labor inspectorate, trade union or court.
It is advisable to attach copies of documents confirming the right to leave, for example, a copy of the vacation schedule, as well as documents confirming the fact of being in an employment relationship with the employer, to the complaint being sent.
An employee does not have the right to go on leave without permission before an order to grant it is issued. Otherwise, the employer will receive grounds for it.
That is, if you apply somewhere with a complaint, you need to wait until it is 
will consider, oblige the employer to provide leave and he will comply with this instruction.
Before writing complaints, you can talk to the employer and inform him that taking leave is necessary, for example, because vouchers have already been purchased for this period and vacations for other family members have been agreed upon so that everyone can relax together.
Also in this conversation, if after the first part of the conversation it was not possible to reach agreement, we can say that you don’t want to create a conflict situation, but it interferes with the employee’s legal right to rest and if the leave is not granted, this will be followed by an appeal “to the right place.”
We have already discussed where to go above..
After this conversation, a competent employer, most likely, not wanting to have unnecessary contact with regulatory authorities, realizing that he is obviously the losing party in this situation, will allow a persistent employee to go on vacation. Or, perhaps, he will do this simply, putting himself in the position of a vacationer, because the boss is the same person, and if you build a dialogue correctly, he will understand everything.
I want to go on vacation at any time of the year, especially in the summer, when there is heat, dust, city noise, and my thoughts are carried away to where the sea gently splashes. The vacation schedule has been drawn up, it seems that the long-awaited vacation is near, but can the employer refuse vacation. The Labor Code and the Labor Code of the Russian Federation are the codes that both the head of the company and his employees must know. Vacations are different, and the rights to use them are also different.
The word "vacation" is usually associated with rest.
But vacations are different and are issued differently.
Children under 18 years of age have the right to additional leave and do not have to wait for the first six months - they are released earlier.
Now, according to Letter of Rostrud dated December 24, 2007 No. 5277-6-1, vacation is granted to everyone who has worked for six months, not a year.
The regulations on the number of days on vacation for 2019 look like this:
Additional days of rest are due for length of service:
Disabled people, war veterans, and other privileged categories of the population have the right to additional leave or a slight extension of the main one. The schedule and deadlines are set by the employer based on the specifics of the work within the framework of the law.
Students have the right to take paid leave during the session. But there are some nuances here. An employer may not pay for study time for an employee who already has a diploma in his field, but is now receiving a completely different education, unnecessary in this organization. They will be allowed to attend the session, but the study period may either not be paid at all or paid in part.
The employer, according to Articles 173 - 177 of the Labor Code of the Russian Federation, is obliged to release and pay for training days, provided:
Can they refuse study leave - yes, they can. They may even ask you to write a letter of resignation of your own free will if there is no one else to work with. It’s easier to hire someone who doesn’t study, so as not to look for a replacement.
But there are other options when:
If the manager wants to find a reason not to let you go to a session or not pay for training days, then he will find a way. Only knowledge of the law will protect you from this. Often it is enough to simply quote excerpts from Art. 173, 174, 176, 177 Labor Code of the Russian Federation.
At the same time, remember that: 
In the matter of combining work and study, special privileges are given to those employees who improve their qualifications in their profile, for example, to obtain a higher position in the same organization.
If management considers the employee promising, they can not only pay for the session time, but also partially/fully pay for training (if the grades are very good).
The application and certificate from the antenatal clinic must be submitted to the employer. Based on these documents, you will be sent on maternity leave. Depending on the condition of the pregnant woman and the doctor’s prescription, vacation starts from 30 weeks. If mommy is expecting twins or more, then from 28 weeks.
An employer has no right not to allow a woman to go on maternity leave. But in special cases it happens that good specialist persuaded to work until the limit. To agree or not is the decision of the woman herself. Typically, an employee believes that it is more profitable for her to continue working or go on maternity leave.
By the way, using your rights and staying at home is much more financially profitable and healthier for the baby. Maternity benefits are paid by the state. Some “rich” organizations can afford additional financial assistance to their employees in the form of a one-time benefit after childbirth.
There is leave for rehabilitation after sick leave. Sick leave allowed to extend up to 10 months. The conclusion is issued by a special commission in a hospital or clinic. Usually this is VTEC.
If an employee is so valuable that management does not want to lose him, then he can return to work not only after sick leave, but also after a rehabilitation period. The main thing is that the entire period of healing and recovery does not exceed 10 months.
By decision of the VTEK, a period of rehabilitation after injuries and other injuries is prescribed. The rehabilitation period is not paid by the employer. You can use your legal leave, and if this is not enough, then leave at your own expense (administrative). Sick leave is postponed.
They have the right to dismiss after vacation or monetary compensation.
It's nice to know that a long-awaited vacation is soon on schedule. Usually, everyone is sent to rest one by one or two at a time, if this does not interfere production process. Employees sometimes agree among themselves who will go on vacation when. But it happens that the employer himself resolves this situation. For example, during the World Cup, almost all organizations in the participating cities tried not to let anyone go. The legal right to rest may not be used for up to 2 years. You have the right to go on “double” leave if you worked tirelessly for two years without taking annual leave. The employer does not have the right to deprive you of this opportunity, but can divide 60 days into several parts throughout the year - you will rest for 10 - 15 days, for example. Also, the manager does not have the right to let you go for more than 60 days at a time or not provide paid leave for more than 2 years.
There are frequent cases when work is not allowed to go on vacation as scheduled. This happens when the absence of an employee will negatively affect the work of the enterprise or individual entrepreneur.
An employer denies scheduled leave for several reasons: 
These are based reasons. If this happens, then the boss must agree with you on another vacation time that suits you and issue an Order about this.
The most compelling reason for refusing leave is damage to the work of the enterprise or business.
The employer is obliged to release you to:
The groom can be given leave for a month, but not always - it all depends on the production. The order is usually approved for several days off.
Complain to the Trade Union or Labor Protection. Say that the employer does not allow vacation according to the approved schedule. Provide documents confirming your words (get them from the accounting department). Infringement of employee rights is punishable by law. Find out whether they may not allow you to go on vacation in your particular case.
If vacation is not given, what should an employee working without employment contract– this is a problem for every tenth citizen of the Russian Federation. In fact, you are not protected by law in any way if you are not registered with the state.
Legally, you don’t exist, you don’t work, you don’t receive a salary, you don’t pay taxes. Therefore, they can simply send you on vacation at their own expense. To prevent this from happening, find out your rights when applying for a job. Find out how this organization goes on vacation and what to expect. Verbal promises should not be trusted.
Let the guarantees be given in writing. Better yet, register according to the Labor Code of the Russian Federation or enter into contracts or employment agreements.
If you are faced with a situation where you are not going to be paid for your vacation, then collect evidence (documents, witnesses confirming that you really work for the company), contact labor protection, and then go to court. You can only complain on the basis of confirmed documents and facts. The court will decide either financial compensation for missed vacations, or you will be given a long-awaited month of rest with maintenance.
Punishment for the employer is provided for in Art. 5.27 Code of Administrative Offenses in the form of fines:
The official may be disqualified.
You can go to court no later than within the year following the violation.
The answer to the question is can an employer refuse to allow vacation?, lies in the depths of labor law. There are situations when an employee planning a vacation may receive a justified refusal. But there are always cases when the manager is obliged to give leave upon request. An analysis of the articles of the Labor Code will help you figure out whether there are violations of the law at a particular enterprise and what to do if they don't let you go on vacation.
There are two main approaches to booking a vacation. Let's see in each individual case.
The employee is going on vacation according to the established vacation schedule. The management believes that for a number of reasons this vacation will harm the company's production activities. But is it possible not allowed to go on vacation as scheduled? You can deny a subordinate such rest if:
But, what to do if you are not allowed to go on vacation as scheduled without any explanation? If the manual must be allowed on vacation according to schedule, then the employee may simply not show up for work on the first day of vacation and there will be no violation of this. Moreover, even if one of the managers did not agree with the leave, he did not put the “agree” resolution on the leave application. Moreover, you can go on scheduled leave without applying, in principle. However, this comes with some risks. So, for example, an employer may not pay vacation pay on time. For more information about this, see "". Also, if you go on vacation as scheduled and don’t even inform management about it, then it’s possible conflict situations. Despite the fact that the employee obliged to go on vacation.
It happens that an employee has an acute craving or an inevitable need to take a vacation during a period other than the dates previously planned and indicated in the schedule. Then he writes an application for leave, but he must know: in this situation, the manager has every reason to refuse. And this will not at all contradict the norms of labor law.
Can a manager refuse to let you go on vacation? Yes, it can, if the vacation is not planned in the vacation schedule.
Unscheduled vacations are permitted only with the approval of the employer's management. If, after submitting an application, but without obtaining an approving visa and without signing the appropriate order, a person does not go to work, this may be regarded as absenteeism. Which gives a reason to say goodbye to such a subordinate (Article 193 of the Labor Code of the Russian Federation). And he will be able to appreciate all the delights of the process of imposing this disciplinary measure on himself.
A number of employees cannot be given leave under any circumstances. Let's list them:
Let's find out Can an employer refuse to allow you to go on vacation? employee at a suitable time? As a general rule, definitely yes. If the relevant dates are not reflected in the schedule. But there are a number of exceptions from general order vacation registration.
Let's list those who are entitled to leave at a time convenient for them (Labor Code of the Russian Federation, Article 123):
Please note: even if you are fired, the court will immediately reinstate you in your previous position. In addition, he will come to the defense Labour Inspectorate. The employer will be obligated (subparagraph “e”, paragraph 39, resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2, Articles 234 and 237 of the Labor Code of the Russian Federation):
Legal norms that consolidate this right and outline the range of categories enjoying such a privilege are scattered throughout the Labor Code of the Russian Federation and special legislative acts. For clarity, we have collected the most important information to the following table.
| Employee categories | Vacation options | The legislative framework |
| Working pensioner (old age pension) | Up to 14 calendar days every year | Art. 128 Labor Code of the Russian Federation |
| Employee with a disability | 60 calendar days per year | |
| A subordinate who: got married; became a father/mother; lost a close family member. | Maximum 5 days per year per occasion | |
| War disabled | Up to 60 calendar days annually | Law No. 5-FZ of January 12, 1995, sub. 17 clause 1 art. 14 and clause 11 clause 1 art. 16 |
| Combat Veteran | 35 calendar days during the year | |
| Outside police officer, people's vigilante | Maximum 10 days annually | Law No. 44-FZ of April 2, 2014, Part 3 of Art. 26 |
| Full holder of the Order of Labor Glory, Hero of Socialist Labor | Three weeks annually | Law No. 5-FZ of 01/09/1997, Part 2 of Art. 6 |
| Heroes of Russia, Soviet Union | Up to three weeks throughout the year | Law of the Russian Federation No. 4301-1 of January 15, 1993, paragraph 3 of Art. 8 |
Keep in mind: The data in the table is not exhaustive. It identifies the most common cases of applying for leave, which may not be paid. At the same time, from this table you can understand which employees the employer cannot refuse leave without pay. The employer cannot refuse to place such employees on vacation.
