Wedding leave under the labor code 2021: paid or not.

Our state cares about the population. It provides various benefits and other types of support. In particular, there is such a thing as wedding leave . In accordance with Law 128 (LC), any citizen has the right to receive the leave necessary for a wedding. The maximum number of days for such a vacation is 5.

The most interesting thing is that not only those getting married, but also their relatives who were invited to the wedding event can take advantage of this opportunity. Leave for a similar period can be taken when a child appears in the family or a loved one dies. But we will still consider a more joyful event - a wedding. Or rather, the vacation that is associated with it.

Nuances of a honeymoon.

It is immediately necessary to clarify that not all people are entitled to leave related to a wedding. And only for those who have an official place of work. Therefore, before applying for leave, a person needs to find his copy of the contract and look at its features.

If he carries out his activities within the framework of an employment contract, then everything is fine. If it works according to:

contract agreement,
a civil contract or another method, you will not be able to count on additional vacation days.

It turns out that this article will be relevant only for those event participants who work on the basis of an employment contract.
So, if a person works officially, then you can go on honeymoon leave in any case. This will not affect the nature of the work:

How many days do they give for a wedding?

The Labor Code states that for an event such as a wedding, the employer is obliged to allocate up to 5 days of rest. This period is not deducted from the employee’s total vacation and length of service. He will not be compensated. They provide the corresponding preference only at the request of the employee. In fact, the break is at your own expense.

Five days of unpaid break are guaranteed by Article 128 of the Labor Code.

Before or after the wedding. How to distribute vacation

As stated earlier, the manager is required to provide five days leave in connection with a legal marriage. But how is this period distributed? Can it be used for preparation or received after the celebration? We'll talk about this in the current section.

Attention!
A petition, if important events take place, can be submitted immediately before they begin, if these are time off due to a wedding or the birth of a child.

At work, how many days do they give for preparation?

Distribution of leave for your own wedding is the right of the employee himself. For example, he can take 3 days to prepare, or he can spend five days at once. It is important to consider that the day of registration is included in the general list.

It is allowed that a person will leave all 5 days for the post-wedding period, say, for travel. The opposite option is also possible - the entire vacation is spent preparing for the celebration.

The specified time interval is provided for a year. If a person spent it on one event, then the preference in the same year is not guaranteed. Anything beyond the norm is at the discretion of the boss.

At work, how many days can you get after the wedding?

Providing days off for an upcoming wedding is limited. Five days can be left for the wedding date and after the wedding. A period break is allowed.

Example: Sidorov O.G. plans a celebration for Friday, this is a working day. To do this, he takes one day off. He will take the remaining four days from Monday to Thursday. I need to go to work next Friday.

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Example two: P.O. Osipov’s wedding falls on a day off. He wants to divide the five days into two parts. He will take the first four days from Monday to Thursday immediately, then Friday is a public holiday plus Saturday, Sunday is an official day off. He can take the remaining fifth day on next Monday. As a result, Osipov will have 10 days off from work.

Procedure for registering an extraordinary break

Let's look at a typical course of action for a person who needs time off for a wedding event. So, the order is as follows:

Submitting an application. Written personally by the employee. A free form of submission is provided. A set of mandatory information is specified, including:

name of the addressee and applicant (header in the right corner of the form);
title of the paper “Application” (in the center) of the sheet;
request for time off;
indication of the break period or specific dates;
description of the reason for the omission;
date of;
signature.

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If the form is printed, only the applicant’s signature is entered by hand.

Help confirming an upcoming event. You need to take it to the registry office that the marriage is planned to be registered on a specific date.
Drawing up an order for time off. The T-6 form is used.
Marks on the report card. information is recorded in the RV report card (T-12, T-13). Note the information as follows:

“BS” format - says that the employee received less than 5 days of break;
code “BEFORE” - determines that the person has been granted additional (above the norm) days of vacation (more than 5).

Application for leave due to a wedding.

If you decide to go on honeymoon, there is no need to collect a package of documents.
You can simply write a statement to your employer. The document must indicate how many days you plan to be on vacation.

However, immediately after going to work, a person must bring with him a marriage certificate. The secretary or other authorized employee will photocopy it and put it in your personal file.

It is not difficult for any employee to write an application. Even to someone who has never done this. It is written according to general rules.

The document must contain the following information:

Top of the statement. It is written at the very beginning of the document on the right. Here they indicate in whose name the document is written and who is its author.
The title of the document is indicated in the middle of the sheet. There is usually one word written here: Statement.
The main content of the text. The essence of the statement is indicated here. The person asks to be granted leave, indicates how long it will last (but in accordance with legal norms).
Next, put the date the document was drawn up and the signature of the applicant.

Sample application.

To the Director of Krepezh LLC

Farafonov O.V.

from the warehouse manager

Raskolnikova E.G.

STATEMENT

In connection with the registration of marriage, I ask for unpaid leave from 02/05/2020 to 02/07/2020 inclusive.

02/04/2020

(Signature)/Raskolnikov E.G./

If the employee still has unpaid leave, he can also indicate this fact in the application.

Once the application is approved, the employer must issue a leave order.

Basic rules for taking leave for a wedding

Having collected all the information as a whole, it turns out that the main provisions of such a vacation will look like this:

The maximum period for granting leave due to marriage is 5 days and no more;
Such leave, as a rule, is unpaid, with the exception of other instructions contained in the internal documents of the organization;
There are also no time limits for submitting an application, that is, if you have the opportunity, it is better to do it in advance, 2 weeks in advance, but in general, if you carry out this operation later, the employer still does not have the right not to approve it. Moreover, a citizen can go on vacation immediately after writing an application, without even waiting for an order to be issued on this matter, and read the order only after leaving vacation;
Also, the employer cannot refuse the employee to take this leave. But it is important to be careful when writing an application - for example, if you indicate the reason why you need leave, for example, “for family reasons,” then in this case the employer may refuse. The wording is important;
And lastly, don’t let it bother you what status you have in this organization. Even if you are still an intern and are on a probationary period, you still have every right to take advantage of this opportunity.

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Sick leave during wedding leave.

If an employee begins to get sick, the days of leave for a wedding according to the labor code are not extended. In this situation, the employee (as usual) takes sick leave from the doctor, and after it is closed, gives this document to the HR department.

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We use what we give

Even despite the fact that in most cases such leave is not paid, couples who only have an official procedure for registering a relationship want to take advantage of it - everyone wants to be together while still unmarried!

Legal regulation of the provision of “wedding vacations”

The very possibility of receiving time off is fixed in Art. 128 of the Labor Code of the Russian Federation, however, this norm does not clearly regulate the exact number of non-working days that an employee can claim.

It is only indicated that leave for family reasons (that’s what it’s called) in the event of the birth of a child, registration of marriage or organization of the funeral of close relatives can be provided to the worker for a period of 1 to 5 days during the 1st calendar year.

The lack of precise wording and the reference of the relevant law to the employer’s opinion in this matter enable the latter to abuse its capabilities by limiting the rights of personnel. However, the interests of workers are called upon to protect the interests of a special body - a trade union (if, of course, one has been created and operates at your enterprise).

Additionally, the amount of time off for family reasons can be specified in a collective agreement - an agreement between employers and representatives of the enterprise’s trade union, which is precisely intended to regulate and clarify “incomprehensible” points in labor legislation. Typically, this document specifies exactly three days for the wedding. By law, such time off can be provided (but this is not the obligation of the employer) at the request of the worker, but the collective agreement expands the rights of staff, at least in that it does not allow the administration to manipulate the inaccuracies of legal norms.

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You can review the agreement in the HR department of the enterprise.

Is there financial support for marriage?

Wedding leave days are not subject to payment. But in some organizations, employees are given the opportunity to write an application for financial assistance related to marriage registration.

Most often, this opportunity is available in government organizations or in those companies that respect their employees. This means that this opportunity must be specified in the collective agreement.

After the employer receives an application for financial assistance, he reviews it. And if at the moment there is such an opportunity, it satisfies. He signs an order or instruction to provide the employee with financial assistance from the company.

This type of employee stimulation is used by many organizations to interest employees and improve their own image.

It is worth noting that 3 days of leave for a wedding are also given to people who serve in the army. Here's a slightly different procedure. The serviceman does not submit an application, but comes with a report about such leave.

In this case, you must provide a copy of the document from the registry office stating that the application for marriage registration has been accepted. In addition, a serviceman’s leave can be extended up to 10 days. They are needed to get to and from the wedding venue.

There are no monetary rewards for military personnel. As an exception, a bonus may be given when a person performs contract service.

Who pays social benefits?

Accruals can be made from:

educational institution;
the institution where the applicant is employed;
duty stations.

The provision of financial assistance is carried out on a voluntary basis. The fact that such accruals are possible can be stated in the employment contract. The organization may also impose some restrictions or set conditions for receiving this type of benefit: social benefits are accrued only on the occasion of the first marriage.

Note! The employer is not obliged to pay financial assistance if this is not indicated in the working documents. Such accruals are his personal expression of will.

Fill out the application

The legislation does not provide for a special application form for leave on the occasion of marriage. Free expression is allowed, but the rules for preparing official forms must be followed.

The position and name of the employer is indicated in the upper right corner. Then the data of the document originator is entered (last name, first name, patronymic, position). The name of the document is indicated in the center - a statement.

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The main text states:

request to provide time off, that is, days without pay;
number of days required;
end and start days of the requested period;
grounds for leave.

At the bottom, the date of the document is indicated, the surname and initials are indicated, and the signature is signed with one’s own hand.

To the director of Crocs LLC, Sergey Sergeevich Petrov, from engineer Alexey Ivanovich Sokolov

statement.

I ask you to grant me leave from August 10, 2021 for 3 (three) calendar days without pay in connection with my marriage, which will take place on August 11, 2021. Reason: Article 28 of the Labor Code of the Russian Federation.

July 30, 2021

Sokolov A.I.

Although the consent of the organization’s management is not necessary in this case, it is still advisable to obtain the appropriate permitting visa and submit the document to the personnel structure for execution of the order.

The application must indicate the reason with the wording “for marriage.” For other reasons (family, personal), management may refuse to grant time off.

Rest is granted due to a specific event indicated in the application. In this regard, the employer may require the provision of a supporting document - a marriage certificate (Federal Law of the Russian Federation No. 143 of November 15, 1997). At the time of submitting the application, the employee has the right not to provide supporting documents, but must submit a copy of the certificate to the HR department after the wedding.

Can they refuse to grant leave?

Despite the fact that unpaid time off is provided to an employee only with the consent of the administration, in the case of a wedding, the employee’s right to unpaid days is confirmed by the Labor Code of the Russian Federation (Article 128). Management has no right to prevent an employee from taking time off at his own expense. He can submit documents and not go to his workplace on the day of his choice. In this case, the organization does not have grounds to dismiss the employee for absenteeism.

Often, organizations sign a collective agreement, which stipulates the conditions for providing unpaid time off and their quantity.

Sometimes, if a collective agreement has not been concluded between the administration of the enterprise and the representatives of the team, the employer may refuse to grant a subordinate leave for a wedding. According to the labor code, this decision is made by the administration, which can find 1000 reasons to ruin the life of a subordinate.

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What to do in this case:

submit an application for non-working days with reference to Art. 128 of the Labor Code of the Russian Federation and specific provisions of the collective agreement. The document must be registered, even if you were refused in a conversation with your boss;
attach a certificate from the registry office about the upcoming event (as a rule, it is not required if the relationship with the employer has “developed”. Otherwise, confirmation of the facts stated in the application should be provided);
receive an official refusal from the company administration. Like the order for time off, the document must be drawn up no later than 3 days from the date you submit the corresponding application;
file a complaint with the labor inspectorate at the legal address of the enterprise or, directly, with the court.

Should you seek the help of a lawyer?

In some cases, a refusal to grant leave for family reasons is not worth spoiling relations with management, and even spending money on the services of a human rights defender, unless, of course, we are talking about a vital necessity, and the applicant is not a very principled person. Even if the court finds your rights violated, all you can claim is monetary compensation for unused time off and compensation for moral damage. Anyway, the proceedings will end long after you have finished the wedding, so time will be lost. Whether the truth is commensurate with the nerves and money wasted in this way is up to you to decide, but you can’t count on a lenient attitude from the administration.

Leave from work for a wedding can and should be demanded, but it is better to try to negotiate. If you are really stuck at work, then you should compromise and get 1-2 days without a fight, without spoiling your relationship with the administration. Moreover, you cannot foresee that you will not really urgently need family leave this year. Even being at work “until the last minute”, you can “survive” the wedding.