The period of unpaid leave is the time during which the employee is not obliged to provide benefits work to the employer, but also does not receive remuneration during this period. How to justify the request for such leave and does our employer always have to agree to grant it?
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How to justify the application for unpaid leave?
Application for vacation employee free of charge will certainly have an impact on the organization of work in the company. Before we go to the conversation with the employer, it is worth considering this decision carefully and thinking about how to motivate the villages for unpaid leave and what arguments to use so that the employer understands our situation. However, it is worth emphasizing the fact that the employee is not obliged to justify this type of leave. General information is definitely enough, such as:
- personal situation,
- family considerations,
- foreign trip.
Application for unpaid leave – template. What should this type of application contain?
The application for unpaid leave should contain:
- Name and surname of the employee,
- Position held,
- Date and place,
- Employer’s data,
- Deadline for unpaid leave “from – to”,
- Motivation or justification,
- The legal basis (Art. 174 of the Labor Code).
At the end, space for the signature of the employee and the employer should be left.
Application for unpaid leave – rules
- Labor Code it gives neither a minimum nor a maximum timein which the employee may take unpaid leave. This period is always agreed between the parties, i.e. the employee and the employer.
- If the employer gives us unpaid leave, it will be during it he cannot fire such an employee. The exceptions are two situations: declaration of bankruptcy or liquidation of the company.
- The employer may agree to the unpaid leave only at the employee’s request. This means that the employer will never be able to send someone on unpaid leave alone.
- The employer may call the employee to work despite the unpaid leave – this happens only after three months of such leave. He may also dismiss an employee’s time off, but only for reasons essential for the conducted activity.
- The employer may refuse unpaid leave. Nor does he have to justify his decision. The employee cannot appeal against it.
- On unpaid leave you can work e.g. at another employer.
Application for unpaid leave – what do you have to reckon with?
- Unpaid leave is not included in the number of years of service. It also cannot be counted as an old-age pension.
- After 30 days, we lose the right to benefit from free healthcare.
- We also lose any sick pay, benefit and rehabilitation benefit.
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